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Fetured Job Of the Day
Fetured Job Of the Day

Patent Agent with scientific and/or technical background

Overland Park office seeks patent agent having a scientific and/or tec...
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Date Posted: May 25, 2018

Employer:   BCG Attorney Search

Salary: Not Specified


San Francisco
353 Sacramento Street, Suite 1300 ,
San Francisco, California - 94111



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Law Firm News


The USCIS announced today that the special H-1B cap of 20,000 reserved for holders of U.S. Advanced Degrees for Fiscal Year 2006 has been met. The cut off date for H-1B applications is January 17, 2006 meaning that H-1B cap subject applications filed prior to that date will be accepted and processed to conclusion. For applications received on January 17th, the USCIS is employing the "final receipt date" rule and will use a computer-generated process to randomly cull applications until the full cap number is reached. The remaining applications will be rejected. This is the same process that was employed when the general 65,000 H-1B cap was met for FY 2006 last August 10, 2005.
Despite this exhaustion of regular H-1B visas for the next fiscal year, a substantial number of visas are still available for nationals of Singapore and Chile, who are subject to separate caps. There is also a newly created E-3 classification for Australian nationals who met the H-1B criteria. Further, petitions for new H-1B employment are exempt from the annual cap if the worker will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.
Please note: The USCIS notice also reminds employers that petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap, and therefore USCIS will continue to process petitions filed to:
Extend the amount of time a current H-1B worker may remain in the United States;
Change the terms of employment for current H-1B workers;
Allow current H-1B workers to change employers;
Allow current H-1B workers to work concurrently in a second H-1B position.
The full USCIS H-1B cap announcement is available at uscis.gov and here.
BAL Comment: Employers should contact their BAL attorney with questions regarding this development, and particularly to discuss options for affected new hires. BAL is closely monitoring client applications filed on January 17 for acceptance and will alert affected clients with updates. Apart from the limited exceptions discussed above, the earliest date for which an employer may file for a new nonexempt H-1B is April 1, 2006, for H-1B employment starting on or after October 1, 2006. Employers are encouraged to start forwarding BAL materials for these candidates at this time

The State Department today released the February 2006 Visa Bulletin, announcing advancement of priority date cutoffs for many employment based immigrant visa categories, including India and China. (See the summary chart below.) Individuals with a filed or approved 140 petition, and whose priority dates are on or earlier than the cutoff dates announced for February will be eligible to file their adjustment of status applications during the month of February 2006. Pending adjustment applications may be approved for individuals whose priority dates are on or earlier than the announced cutoff dates if all other requirements including the necessary background security checks have been completed.
The State Department advises that movement of priority date cutoffs have been more rapid than originally expected due to "low visa number demand from Citizenship and Immigration Services (CIS) for adjustment of status cases." The State Department also advised that the rate of forward movement will slow or could even reverse if CIS demand increases in the future.

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Corporate Immigration Law.

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