A Practitioner's Guide to Navigating H-1B Cap Season

(587 Ratings)

Produced on: February 26, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

The H-1B nonimmigrant visa classification is one of the most popular vehicles to hire and retain a foreign national workforce in the United States. This course analyzes the H-1B numerical limitation framework and identifies the fundamental building blocks to cap-exempt categories. Attorneys Christian Park and Bill Lundin of Fragomen discuss H-1B cap historical trends and draw lessons learned over years of practice. The faculty identify common H-1B cap RFE trend, present response strategies, and evaluate the risks. Finally, they discuss motions and appeals in the face of H-1B cap denials. 

 

Learning Objectives: 

I.     Analyze the H-1B annual numerical limitation and identify cap-exempt categories 

II.    Appreciate H-1B cap historical trends

III.   Identify strategies to prepare for H-1B cap season

IV.   Review common RFE trends 

V.    Understand worksite issues

VI.   Evaluate post-cap options, including motions and appeals

Faculty

Christian provides strategic counseling to employers on all matters of U.S. immigration and nationality law, regulation, and policy. His practice involves immigration matters pertaining to the recruitment, hiring, transfer, and retention of international workers in the United States.

As an Associate Attorney in Fragomen’s Boston and New York offices, he represented clients in matters before the U.S. Department of Labor, the U.S. Department of Homeland Security, and U.S. Embassies and consular posts abroad. He has also advised clients in a variety of sectors, including healthcare, academic, and information technology.

Representative Experience

  • Advised IT client with a large foreign national population on devising an immigration strategy that aligns with business hiring requirements.
  • Counseled clients on both PERM and non-PERM alternatives.
  • Advised clients on INA 212(e) waiver strategies, including no objection, exceptional hardship, persecution, CONRAD State 30 Program, and Interested Government Agency waivers.
  • Secured immigration benefits for physicians, researchers, and scholars. 

Memberships

  • Member, American Immigration Lawyers Association
  • Member, Asian American Lawyers Association of Massachusetts
  • Member, Korean American Bio Industry Council
  • Member, Korean-American Scientists and Engineers Association

Publications and Lectures

  • Co-Author, "A New Age for Employment Authorization Documents." Law360, 1 May 2015: n.pag. Web. 1 May 2015.
  • Presenter, "Basics of Employment-Based Immigration." Lecture, Korean-American Scientists and Engineers New England Symposium 2015, February 28, 2015.
  • Co-Author, “H-1B Season's Greetings: A Guide to Analyzing the H-1B Quota and Time Limitation.” ILW.com, 4 December 2014: n.pag. Web. 4 December 2014.
  • Co-Author, "Seven Effective Tips to Preparing Non-PERM Employment Based Visa Petitions." ILW.com, 22 October 2013: n.pag. Web. 22 October 2013.
  • Co-Author, “Alternatives to PERM.” ILW.com, 16 July 2013: n.pag. Web. 16 July 2013. 

Pro Bono

  • Provided Pro Bono work for DACA Clinic with MinKwon Center for Community Action, Flushing, New York.
  • Provided pro bono services at the Massachusetts Immigrant and Refugee Advocacy Coalition's Citizenship Clinic.

Bill Lundin

Fragomen Worldwide

Bill joined Fragomen as an Associate in 2015. He practices exclusively in the field of federal immigration and nationality law, and assists clients with a range of immigrant and nonimmigrant matters. His practice focuses on providing legal analysis of nonimmigrant and immigrant petitions.

 

Bill first joined Fragomen as a Law Clerk in 2013, working in the firm’s Shanghai office, where he provided guidance on the Chinese immigration process and assisted employees of multinational corporations with their relocations to China. Bill continued to work for Fragomen as a Law Clerk in the firm’s Boston office and also served as a Manager in Fragomen’s Kochi, India office where he was responsible for process development, client implementation, training and coordination between multiple IT consulting clients and Fragomen’s India and U.S. offices. Prior to beginning his law career, Bill worked as an elementary school teacher through the Teach for America program in Minneapolis, Minnesota at a Somali-centric charter school.

 

Bill has volunteered at citizenship and DACA clinics.

 

Bill speaks English and is proficient in Mandarin Chinese and French. 

Reviews

MA
Mattie A.

Excellent

AS
Amy S.

Very savvy instructors (and "thanks" to them for their pro bono and community service work).

CP
Cindi P.

good course

MC
MaryAnne C.

Liked the format

HN
Heidi N.

I would recommend it only if they were relatively new practitioners. Probably not for advanced practitioners.

MZ
Mohammed Z.

good info

JM
Jeffrey M.

This course is filled with real world applications of the rules and regulations related to H-1B.

JL
JoAnna L.

Excellent overview for someone getting started in immigration law.

BK
Brendan K.

This is one of the best I have heard. Not to simple, not to complex, well organized, good voices, good personality, excellent all around.

HR
Holly R.

Excellent info. but could have gone for 2 hours. Thanks!

SB
Steven B.

Very interesting presentation.

AC
Alexander C.

I liked the dialogue format. that worked very well. Great lecture. Thank you!!

JM
Jessibel M.

I have always had an interest in immigration law. I think the speaker did a great job explaining each point about H1B workers visa application.

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