2 H-1Bs approved for Analyst & Engineer to work for a newly established seed accelerator in SF with Stanford/Google DNA #visas
— Michael Ryvin (@immlawyr) July 23, 2013
Showing posts with label H-1B Visas. Show all posts
Showing posts with label H-1B Visas. Show all posts
Tuesday, July 23, 2013
H-1B Representative Work
Tuesday, November 29, 2011
Comparative analysis of H-1B visa usage from 2007 to 2011: U.S. employers hiring more!
Back on April 27, 2011, shortly after the FY 2012 H-1B Cap opened, I posted that H-1B visa usage statistics going back to 2007 demonstrated that U.S. employers were not hiring as much as some reports would like us to believe.
Looking at the numbers going back to 2007, it was clear that H-1B usage was WAY down, and we estimated - based on usage for the first two weeks - H visas would be available until March 2012.
While this year’s demand was nowhere near the level in 2007 or 2008 - when the demand for H-1Bs was more than twice the supply and getting an H-1B meant that had win a lottery - this year we ran out of H-1Bs three months earlier than last year.
In my world, increased H-1B visa usage is the best indicator of an economy moving in the right direction.
After the break, please find a comparative analysis of H-1B visa usage from FY2008 to FY2011.
Looking at the numbers going back to 2007, it was clear that H-1B usage was WAY down, and we estimated - based on usage for the first two weeks - H visas would be available until March 2012.
Well, things picked up quite a bit! The FY 2012 H-1B Cap was reached on November 22, 2011, approximately seven months after it opened.
While this year’s demand was nowhere near the level in 2007 or 2008 - when the demand for H-1Bs was more than twice the supply and getting an H-1B meant that had win a lottery - this year we ran out of H-1Bs three months earlier than last year.
In my world, increased H-1B visa usage is the best indicator of an economy moving in the right direction.
After the break, please find a comparative analysis of H-1B visa usage from FY2008 to FY2011.
Three year H-1B visa approved for sole employee-entrepreneur; USCIS makes good on promise to encourage entrepreneurship
In August 2011, we posted a link and some background related to the current administration’s efforts to attract and retain high-skill entrepreneurs. Specifically, a USCIS press release dated 8/2/2011 confirmed an intention to use current immigration law [including H-1B visas and National Interest Waivers] to fuel the nation’s economy and stimulate investment, by attracting foreign entrepreneurial talent who can create jobs, form start-up companies, and invest in areas of high unemployment. Here is the link to that post:
We made clear that despite his ownership interest, the Beneficiary would be an “employee” of the U.S. company and that he was exactly the type of individual targeted by USCIS in their recent announcement.
We wish our clients the best of luck and thank USCIS for a job well done! We are currently working on a number of exciting “start-up” cases, where we intend to rely on USCIS’ recent guidance, including H-1Bs and EB-2 I-140 National Interest Waivers (green card) petitions, and hope today’s approval is a sign that USCIS will continue to help stimulate our economy through existing visa categories.
Today, I am happy to confirm that USCIS approved an H-1B petition for a sole employee-entrepreneur, seeking entry work in the capacity of President for a newly formed company, poised to re-vitalize an economically depressed area.
We made clear that despite his ownership interest, the Beneficiary would be an “employee” of the U.S. company and that he was exactly the type of individual targeted by USCIS in their recent announcement.
We wish our clients the best of luck and thank USCIS for a job well done! We are currently working on a number of exciting “start-up” cases, where we intend to rely on USCIS’ recent guidance, including H-1Bs and EB-2 I-140 National Interest Waivers (green card) petitions, and hope today’s approval is a sign that USCIS will continue to help stimulate our economy through existing visa categories.
Tuesday, August 23, 2011
San Francisco Immigration Lawyer Q & A: Working for Multiple Employers in H-1B status Simultaneously
Question: I am a salaried employee working for Employer A on an H-1B. I currently have offers from 2 different Clients and I wanted to ask if it's legally allowed for me to work for both of these Clients being on H-1B? My employer is fine with it; however he wants me to send him an email stating that I'd like to work for the second Client to gain better experience and better salary compensation. Before I send them an email I wanted to make sure that by doing this, I'm not by any means jeopardizing my status. I'd appreciate if you can answer my above question. Thanks!
Answer: Yes, an H-1B can work (part-time or full-time) for more than one employer, but each must file a petition. See Letter, Bednarz, Chief, NIV Adjudications, CO 214h-C (June 29, 1994), reprinted in 71 No. 27 Interpreter Releases 936, 952 (July 18, 1994); Letter, Gorsky, Acting Chief Advisory Opinions Division, DOS (Apr. 13, 1998), reprinted in 75 No. 17 Interpreter Releases 631, 648 (May 4, 1998).
Further, when H-1B switches to a second company for several months and returns to initial company, the second company needs to file an H-1B but the first company need not file a petition upon the H-1B’s return as the first petition remains valid. See Letter, LaFleur, Chief, Business and Trade Branch, Benefits Division, INS, HQ 70/6.2.8 (Apr. 29, 1996), reprinted in 73 No. 22 Interpreter Releases 764, 774–75 (June 3, 1996); Letter, Hernandez, Director, Business and Trade Services, INS (Apr. 24, 2002), published on AILA InfoNet at Doc. No. 02051432.
Also note there is no set number of hours that beneficiary must work for each employer. Letter, Brown, Acting Chief, Business and Trade Services, Benefits Division, INS, HQ 70/ 6.2.8 (July 18, 1997), reprinted in 74 No. 30 Interpreter Releases 1219, 1232–33 (Aug. 11, 1997).
Please let me know if I may be of further assistance and Good Luck!
Michael Ryvin, Partner
Ryvin Wallace Group
1-415-765-0679
michael@ryvinlaw.com
Answer: Yes, an H-1B can work (part-time or full-time) for more than one employer, but each must file a petition. See Letter, Bednarz, Chief, NIV Adjudications, CO 214h-C (June 29, 1994), reprinted in 71 No. 27 Interpreter Releases 936, 952 (July 18, 1994); Letter, Gorsky, Acting Chief Advisory Opinions Division, DOS (Apr. 13, 1998), reprinted in 75 No. 17 Interpreter Releases 631, 648 (May 4, 1998).
Further, when H-1B switches to a second company for several months and returns to initial company, the second company needs to file an H-1B but the first company need not file a petition upon the H-1B’s return as the first petition remains valid. See Letter, LaFleur, Chief, Business and Trade Branch, Benefits Division, INS, HQ 70/6.2.8 (Apr. 29, 1996), reprinted in 73 No. 22 Interpreter Releases 764, 774–75 (June 3, 1996); Letter, Hernandez, Director, Business and Trade Services, INS (Apr. 24, 2002), published on AILA InfoNet at Doc. No. 02051432.
Also note there is no set number of hours that beneficiary must work for each employer. Letter, Brown, Acting Chief, Business and Trade Services, Benefits Division, INS, HQ 70/ 6.2.8 (July 18, 1997), reprinted in 74 No. 30 Interpreter Releases 1219, 1232–33 (Aug. 11, 1997).
Please let me know if I may be of further assistance and Good Luck!
Michael Ryvin, Partner
Ryvin Wallace Group
1-415-765-0679
michael@ryvinlaw.com
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