The H-1B Visa: An Update for the 2019 H-1B Cap Season

The H-1B visa category has historically been viewed as the workhorse of all nonimmigrant visa options but, in the past few years, this category has come under attack with the implementation of the current administration’s ‘Buy American, Hire American’ executive order.

This course, led by attorney Roxanne Levine, will analyze the nature of the H-1B visa requirements, changes in regulations for the 2020 fiscal cap year as proposed by the administration and current qualifications for both U.S. petitioners and the foreign beneficiary. An in-depth discussion of historical trends, common pitfalls and the latest updates regarding government policies including the pre-registration requirement will be reviewed and discussed. Strategies to develop and frame a successful H-1B visa petition and an analysis and interpretation of the language of the Department of Labor’s Occupational Outlook Handbook will be reviewed to prepare a successful case. Further discussion regarding the new labor condition requirements concerning third-party placements will be examined. In addition, motions and appeals and resubmissions of petitions and a brief discussion of other visa options will be reviewed.

Learning Objectives:

1. Address the history of the H-1B visa from inception to date
2. Review common requests for evidence and how to avoid them
3. Handle third-party worksite issues in H-1B submissions
4. Identify other visa options – post-cap options as well as motions and appeals
5. Discuss how to handle student visa status, the OPT Cap-Gap and time frames for remaining on payroll during crucial periods