USCIS Reaches FY 2019 H-1B Cap in Just Four Days

enter-usa-h1b-visaWASHINGTON, D.C. – On April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally-mandated 65,000 visa H-1B cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the “Master’s cap.”

USCIS began accepting applications on Monday, April 2, and reached its cap within just four days.  It will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

As of May 15, USCIS completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in its computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned.
Based on last year’s applications, receipt notices were sent out around May for cases that were accepted in the lottery, and applications that did not pass the lottery were returned (along with the original application and filing fees), by July.
Additionally, USCIS may transfer some Form I-129 H-1B cap subject petitions between the Vermont Service Center and the California Service Center to balance the distribution of cap cases. If your case is transferred, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally-mandated FY 2019 H-1B cap. USCIS will continue to accept and 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; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

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The Grady Firm, P.C. celebrates its Sixth Anniversary

JGrady Firm-Logo-2016On March 19, 2018, The Grady Firm, P.C. celebrated its sixth anniversary.  Founded in 2012, the firm has evolved from assisting startups in the Silicon Beach area of Los Angeles, to adding immigration, employment, and intellectual property law departments with a network of twelve of-counsel attorneys in offices in Beverly Hills, Irvine, and San Diego, California.  Moreover, the firm partners with attorneys licensed in Texas, Louisiana, Washington, Canada, Italy, and Germany to assist its international clientele with their matters in those jurisdictions.

In addition to assisting individuals, the firm acts as the outside legal counsel for rapidly expanding companies that add employees to its offices across California and the United States by providing on-demand employment and immigration counsel.  For its international clients, the firm is the main point of contact for successful entrepreneurs who bring their ideas and business acumen to the United States.

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The Grady Firm’s Fifth Anniversary party in April 2017

 

The Grady Firm thanks its attorneys, clients, and referral partners for their support and confidence over the years.

 

 

 

 

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H-2B Visas for Temporary Non-Agricultural Jobs at Hotels, Ski Resorts, Landscaping Companies, and Entertainment Companies

ski instructorThe H-2B program permits United States employers and agents to bring foreign nationals to the United States for the purposes of filling temporary, non-agricultural jobs.  An H-2B visa is generally used for non-specialty employees who will fulfill a temporary, seasonal, peak-time, or one time employment position.  The H-2B classification is commonly used by employers such as hotel resorts, ski resorts, landscaping companies, and entertainment companies that have a regular, temporary need for trained, unskilled labor.

The H-2B application process involves multiple steps and two separate government organizations: United States Citizenship and Immigration Services (USCIS) and the Department of Labor. Continue reading

Visa Options for Fashion Models (O-1B, H-1B3, and P-3 Visas)

NYFW 2Do you dream of walking down the runway at New York Fashion Week?  Are you interested in becoming a brand ambassador for a prestigious luxury brand?  Whether you’ve mastered the catwalk or discovered your niche in commercial modelling, several visa options are available depending on your level of achievement and reason for coming to the U.S.

Fashion models typically enter the U.S. in one of two ways— the O-1B visa (for Individuals with Extraordinary Ability or Achievement) or the H-1B visa (for Specialty Occupations, Department of Defense Cooperative Research and Development Project Workers, and Fashion Models).  The majority of fashion models will apply for the H-1B3 Fashion Model visa, while a third option for models is the P-3 visa (for Artists and Entertainers who are Participating in a Culturally Unique Program).

H-1B3 Visa for Fashion Models

Melbourne-Model-Casting-Call-3-EditTo qualify for the H-1B3 Fashion Model visa, you must be a fashion model of “prominence” and the model must possess distinguished merit or ability. Continue reading

Jennifer Grady, Esq. Speaks as Expert Practitioner Panelist at SelectUSA, the Top FDI Event in the Country

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Jean-Christophe Le Feuvre and Jennifer Grady speaking on issues to consider when hiring US employees

On June 18, Jennifer Grady, Esq., spoke as a panelist at SelectUSA Investment Academy held during the SelectUSA Investment Summit in Washington, D.C., a top foreign direct investment (FDI) event in the U.S.

The Summit, hosted by Secretary of Commerce, Wilbur Ross, connects global businesses with U.S. economic development teams to facilitate investment in the U.S.  The theme of the Summit was “Grow with US” which focused on the innovative business climate in the U.S. and opportunities for investment across the country.

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(c) Jennifer Grady

This year’s Summit had a tremendous turnout with more than 2,800 international business investors, U.S. economic developers, service providers, members of the press and other key stakeholders.  Economic development organizations (EDOs) from 51 states and territories and investors from over 60 international markets were in attendance.  CEOs from BMW, Oracle, ABB, Siemens USA, GE, General Motors, and other leading global

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Economic Development Organization Exhibit Hall (Photo Courtesy of SelectUSA: https://www.selectusa.gov/2017-investment-summit)

companies were in attendance.  Senior government speakers included Secretary of the Treasury Steven Mnuchin, Secretary of Energy Rick Perry, and Secretary of Labor Alexander Acosta.    Continue reading

O-1B Visa for Artists or Actors with Extraordinary Ability or Achievement in the Arts or Motion Pictures

filmmakerCalling all talented artists and actors!  Are you an actor trying to make a breakthrough in Hollywood?  Or perhaps you are a renowned violinist, famous choreographer, or an award-winning pastry chef?  If you excel in your field of arts or the motion picture industry, you may be eligible for the O-1B visa.  The O-1B visa is for individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry who will perform in the U.S. in an event or project associated with this ability.

The O-1 visa can be an alternative to the highly competitive H-1B visa (for skilled workers in specialty fields), which in recent years has reached its annual cap of 65,000 visas within days after opening the program.  Unlike the H-1B visa, the O-1 visa has no annual limit on the number of visas available, it can be filed year-round, and the length of stay can be extended indefinitely based on the time required to complete a project or event.

Individuals who are essential to the O-1 applicant’s successful performance in the U.S. may apply for an O-2 visa in conjunction with the O-1 visa application. Continue reading

Q-1 Visa is an Opportunity to Share Your Culture through an Employer’s International Exchange Program

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Photo courtesy of http://bit.ly/2ur8zu2

Are you interested in sharing your home country’s cultures and traditions while working in the U.S.?  Are you an employer interested in obtaining approval for an exchange program in your company so that you can hire international employees on a Q-1 visa?

If so, the Q-1 visa may be available to meet your company’s specific needs for international employees.  Known as the “Disney visa” because it was originally designed by Disney to meet their need for “cultural representatives” to work in Epcot World Showcase, the Q-1 visa is for individuals wishing to participate in an international exchange program administered by an employer.  It is most popularly utilized to obtain short-term employment with Disney and used by some hotel chains to temporarily employ chefs. Continue reading

Professional Athletes, Gamers, and Entertainers who are Internationally Recognized are Eligible for the P-1 Visa

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Photo courtesy of http://lat.ms/2vEE8z5

The P-1 visa is a viable alternative for athletes and entertainers who may not meet the “extraordinary ability or achievement” requirement of the O-1 visas.  If you are an internationally recognized athlete coming to the U.S. to perform individually or as part of a team, you may be eligible for the P-1A visa. Professional athletes from a wide range of sports including soccer, taekwondo, and online gamers receive P-1A visas.

If you are an entertainer who is part of an internationally recognized entertainment group coming to the U.S. to perform with the group or are joining an internationally recognized entertainment group in the U.S., you may be eligible for the P-1B visa. Examples of a P-1B visa recipient are foreign artists who perform at a SXSW festival, a group of stage actors, and circus performers.

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Visa Options for Entrepreneurs and Recent Grads: H-1B Visa through Global Entrepreneur in Residence and J-1 Visa for International Student Entrepreneurs through University Exchange Programs

In the absence of an official “startup visa”, and in lieu of the International Entrepreneur Parole Rule, which has now been postponed until March 2018, organizations and programs exist that help entrepreneurs from around the world establish their businesses in the U.S.  These programs are generally geared towards assisting international students who have developed a technology or innovation with launching a start-up in the U.S. that creates high-paying jobs.

H-1B Visa through the Global Entrepreneur-in-Residence Program

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Global Entrepreneur-in-Residence (Global EIR) is an organization that helps international entrepreneurs gain access to visas to come to the U.S. to build their businesses and create local jobs by partnering with universities.  A university will sponsor a foreign-born entrepreneur for a H-1B visa (which is not subject to the H-1B visa lottery and quota) to work on campus to provide mentoring to students, review business proposals, or teach classes.  This is a tremendous benefit, as an H-1B applicant had a one in four chance of making it through the lottery in 2017 before the application could be reviewed by USCIS on its merits. While working for the university, the entrepreneur continues to build his or her business in the U.S.  After 6-18 months, this option could lead to an O-1 visa and Green Card.

The Global EIR currently has a presence in 13 colleges and universities across four states, including the following schools: University of Alaska, Anchorage; Alaska Pacific University, Anchorage; Babson College, Boston; University of Massachusetts, Boston; University of Colorado, Boulder; University of Missouri, St. Louis; and San Jose State University.

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P-2 and P-3 Visas for Performers, Artists, and Entertainers in Reciprocal Exchange Programs and Culturally Unique Programs

USA flag pin in international collectionIf you are coming to the U.S. to perform, teach, or coach under a reciprocal exchange program or a culturally unique program, you may be eligible for a P-2 or P-3 visa.

P-2: Performer or Group Performing under Reciprocal Exchange Program

The P-2 visa is available for individual and group performers coming to the U.S. to perform as part of a reciprocal exchange program between an organization in the U.S. and an organization in another country.  Essential support personnel such as trainers or stagehands who are an integral part of the artist’s performance are also eligible for a P-2 visa.

Length of Stay:  Initial period is the time needed to complete the event, competition or performance, not to exceed 1 year.  Extensions may be granted for increments of up to 1 year in order to continue or complete the event, competition or performance. Continue reading

DHS Delays Debut of International Entrepreneur (Parole) Rule Until March 2018

international-movers-and-packersby Anthony Mance, Esq. and Jennifer Grady, Esq.

On Monday, July 10, 2017, the Department of Homeland Security (DHS) announced that it would delay implementation of an Obama-era program that would allow international entrepreneurs the opportunity to come to the United States to develop and operate start-up businesses.

In its announcement, which was officially entered into the Federal Register on Tuesday, DHS stated that the program, known as the International Entrepreneur Rule, would be delayed until March of 2018. According to DHS, the delay will allow for a pubic comment period on whether to fully rescind the Rule.

The International Entrepreneur Rule, which was issued by U.S. Citizenship and Immigration Services prior to President Obama leaving office, would provide international entrepreneurs with an opportunity to develop and run a business in the United States. The Rule would permit around 3000 international entrepreneurs annually to come to the United States for the purposes of developing and operating a business that offered a significant public benefit. To qualify, the entrepreneur would have to demonstrate that their business promotes public interest in ways that include hiring U.S. workers and contributing to the U.S. economy. Continue reading

Anthony Mance, Esq. to Lead Immigration Department at The Grady Firm, P.C.

anthony-headshotThe Grady Firm, P.C. is pleased to announce that Anthony Mance, Esq., has been selected to lead its international immigration practice.  Over the last three years as an of-counsel attorney to the firm, Mr. Mance has helped dozens of clients obtain citizenship, a Green Card, or a visa based on family relations, employment, or investment. Specifically, he and Jennifer Grady, Esq. have submitted successful H-1B, F-1, OPT extension, J-1, E-2, L-1A, O-1, H-4, TN, EB-3, and EB-1 applications on their clients’ behalf.

Mr. Mance is an attorney with nearly a decade of experience in immigration and business law with which he has assisted individuals and businesses with the complexities of the immigration process.  Utilizing his knowledge of international policy, immigration law, business law and finance, Mr. Mance counsels his clients in a wide variety of personal and business ventures, and specializes in helping foreign entrepreneurs establish new businesses and careers in the United States, including corporate setup.  Mr. Mance’s clients include individuals, business owners, investors, institutes of higher education, non-profit organizations, and religious organizations.         Continue reading

Jennifer Grady, Esq. to Speak Again at the Top FDI Event in the Country, SelectUSA

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Ms. Grady as a panelist at the 2016 SelectUSA Investor Academy

For the second year in a row, Jennifer Grady, Esq. has been invited to speak at the SelectUSA Investment Summit Investor Academy on June 18, 2017 in Washington, D.C.  The Secretary of Commerce, Wilbur Ross, has been confirmed as the host of the event.  Last year, President Obama and Former Secretary of State, John Kerry spoke at the event to a crowd of over 2,500 investors and Economic Development Organizations (EDOs).  This year, it is rumored that President Trump will be a keynote speaker.  On the first day of the Summit, Ms. Grady will be providing her expertise as an immigration and employment lawyer to educate hundreds of potential foreign investors from around the world on US business culture,  employment law regulations, and visa options for entrepreneurs.

Ms. Grady’s presentation, designed for investors and Economic Development Organizations (EDOs) will be titled, “Achieving Global Mobility – Employment Structures, Visas, and Compliance Standards for Expanding into the U.S. Market.”
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The Grady Firm Attends World Trade Week Breakfast With Former UK Prime Minister Tony Blair as Keynote Speaker

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Former UK Prime Minster Tony Blair Addresses the Audience on his international efforts to combat religious extremism, and Trump’s First 100 days

On May 4, 2017, Jennifer Grady attended the 92nd Annual World Trade Week Kickoff Breakfast, hosted by the Los Angeles Chamber of Commerce, at the Westin Bonaventure in downtown Los Angeles, California.  The event was attended by over 900 people connected to international business and trade in Los Angeles.

The keynote speakers were Mayor Eric Garcetti; Jack Dangermond, the billionaire founder of the Environmental Systems Research Institute (ESRI); and Tony Blair, the former Prime Minister of the United Kingdom from 1997 to 2007.   Mayor Garcetti discussed what makes Los Angeles one of the premier places to do business in the world, and his hopes to make Los Angeles the site of the 2024 Olympics.  Mr. Dangermond explained how the use of interactive maps are changing the world as we know it, even in response to the international refugee crisis.

Mr. Blair explained his efforts to combat religious extremism, and commented on President Trump’s First 100 Days in Office: he wants President Trump to succeed, as his success is the US and Britain’s success.  Since leaving office, Mr. Blair has spent most of his time on work in the Middle East, Africa, and on the fight against religiously-based extremism. Continue reading

The Grady Firm Speaks USC Gould Law School LLM Students

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Jennifer Grady and Andrea Graef

On April 11, 2017, business and immigration attorneys, Jennifer A. Grady, Esq. and Andrea Graef, JD, LLM, spoke to a group of foreign lawyers who are earning a Masters in Law (LLM degree) from the University of Southern California Gould School of Law in downtown Los Angeles, California.

As a licensed attorney from Mexico and a alumna of the program, Ms. Graef spoke to the students about her experience transitioning from student to attorney, and how proper planning is essential to obtaining a job and work visa upon graduation.  one of the more popular strategies for recent LLM graduates is to use the one year available of Optional Practical Training (OPT), and apply for an H-1B visa during that time to take advantage of the cap-gap extension.

Ms. Grady explained the various visa options in detail, including the Specialty Occupation H-1B visa, J-1 Trainee visa, and TN visa for professionals from Mexico and Canada, and the E-2 Investor Visa for new and existing US businesses and L-1A option for executives, managers, and entrepreneurs opening an office of an existing foreign business in the United States. Continue reading