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Itasca immigration attorneyWith registration for H-1B visas approaching in March, it is important to understand eligibility requirements and the process for obtaining them. Under the Immigration and Nationality Act, the H-1B is a visa in the United States that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Typically, these jobs require specialized knowledge and a Bachelor’s degree or equivalent work experience. The average duration is three years, but they can be extended to six years in some cases, after which the visa holder may need to reapply. Immigration laws limit the number of H-1B visas that are issued each year, so for those foreign nationals seeking an H-1B visa, it is important to properly complete the registration.

Bodies of Work

The H-1B nonimmigrant classification applies to individuals who wish to perform duties in a specialty occupation, services of exceptional merit, the ability for a Department of Defense (DOD) research and development project, or services as a fashion model of distinguished merit or ability.

H-1B specialty occupations can be performed in the following fields: 

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Itasca immigration lawyerAfter being passed by Congress and signed by the President on October 1, 2020, a new law will make USCIS’s Premium Processing service more efficient for those who are going through the U.S. immigration system. Previously, employers and individuals could experience long and unpredictable processing times before receiving USCIS benefits. This expedited processing service allows an applicant to pay an additional fee and receive expedited processing of the petition within a designated timeline. Under the new legislation, USCIS will make Premium Processing available for almost all employment-based immigration and non-immigrant petitions, as well as petitions for their dependents, and petitions for an extension or change of visa status. Premium processing provides expedited processing for the Petition for Nonimmigrant Worker and the Immigrant Petition for Alien Worker. These forms guarantee processing in a period of 15 calendar days to immigrants who would like to use the service. If that time frame is not met for any reason, the USCIS will reimburse an individual for the cost of the premium processing service fee and proceed with expedited processing.

New Legislation Aims to Expedite the Process

In addition to the opportunity to pay USCIS for faster service, the new processing update will be expanded to cover new immigration categories. The employment authorization document (EAD) is one example of the processes that can be greatly affected. USCIS used to have a 90-day limit on processing the applications, but these have slowed to six months or longer in certain service centers.

Before this new legislation, USCIS guidelines guaranteed processing within 15 calendar days and the cost of premium processing was $1,440 for those applying for temporary visas. For immigrant applications, premium processing was available, with certain exceptions, for the employment-based (EB-1, 2, 3) visas.

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