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The Chicago H-1B visa lawyers of Zneimer & Zneimer PC. reviewed the DHS’s final regulations regarding the H-1B registration process.  Department of Homeland Security (DHS) has introduced a series of significant changes to the H-1B visa registration process, aiming to streamline the procedure and ensure a fair chance for all applicants. With the new system commencing on March 6, 2024 and ends on March 22, 2024, it is crucial for employers to understand these updates and prepare accordingly.

Beneficiary-Centric Process

The Department of Homeland Security published final regulations outlining how USCIS will select H-1B registrations.  The USCIS introduced a beneficiary-centric approach, which marks a significant shift from the previous method of selection. Under the new rule, USCIS will select H-1B registrations based on each unique beneficiary, meaning that every individual entered the selection process will have an equal opportunity to be chosen, regardless of the number of registrations filed on their behalf. This method aims to eliminate the possibility of gaming the system to increase selection chances, thereby maintaining the integrity and fairness of the process.

Under the new H-1B visa registration process, all employers who submit registrations on behalf of a beneficiary will be notified if that beneficiary is selected in the lottery. Once a beneficiary is selected in the H-1B visa lottery, USCIS will inform every employer who submitted a registration for that specific beneficiary. This notification process allows all participating employers to be aware of their candidate’s selection status. Subsequently, each notified employer will have the opportunity to file an H-1B petition on behalf of the selected beneficiary during the applicable petition filing period.

This approach will be beneficiary-centric in nature, aiming to streamline communication and reduce uncertainty for employers.  For that reason, the registrants must enter either a valid passport information or valid travel document information in the registration.

Understanding the Electronic Registration Requirement

In an effort to make the H-1B visa application process more efficient, USCIS now mandates that all petitioners must register electronically through the official USCIS website. This requirement applies to both the H-1B regular cap and the H-1B advanced degree exemption. It is the first step in filing an H-1B cap-subject petition for a beneficiary, ensuring that the petitioner is eligible to proceed with the application for the selected fiscal year.

The Importance of Individual Registrations

A critical aspect of the updated process is the limitation on registrations per beneficiary. Each prospective petitioner is required to submit a separate electronic registration for every beneficiary and is restricted to one registration per beneficiary per fiscal year.

Registration Period and Selection Process

The initial registration period is set to last a minimum of 14 calendar days, providing a sufficient window for all interested petitioners to submit their registrations. USCIS commits to announcing the start and end dates of this period well in advance, ensuring transparency and allowing employers to prepare accordingly.  Here are the important dates:

  • March 6: H-1B registration period opens at noon Eastern.
  • March 22: H-1B registration period closes at noon Eastern.
  • March 31: Date by which USCIS intends to notify selected registrants.
  • April 1: The earliest date that FY 2025 H-1B cap-subject petitions based on the registrations selected during the initial FY 2025 selection period may be filed.

A change in the selection process is the focus on unique beneficiaries. This means that each beneficiary will be counted only once in the selection process, regardless of the number of registrations submitted on their behalf. This adjustment aims to democratize the selection process, giving each beneficiary an equal chance of being selected.

Required Information for Registration

To complete the registration, petitioners must include the beneficiary’s valid passport information or a valid travel document. This ensures that the beneficiary can be accurately identified and is eligible to enter the United States if selected. It is important to note that each beneficiary must be registered under a single passport or travel document, reinforcing the uniqueness of each registration.

The following information must be entered as part of the registration process

  1. Beneficiary’s Legal Name: Ensure the registration includes the full legal name of the beneficiary.
  2. Date of Birth: Provide the complete date of birth of the beneficiary.
  3. Country of Birth: Include the country where the beneficiary was born.
  4. Valid Passport or Travel Document Information:
  • Passport number or travel document number.
  • Country of issuance. Enter the country that issued the passport and not the country in which a consulate is geographically located.  For example, if a German citizen has their German passport issued or renewed at the German Consulate in the United States, please write “Germany.”
  • Expiration date.
  1. Certification under Penalty of Perjury:
  • The registrant must certify that the information contained in the registration is complete, true, and correct.
  • The registration must reflect a legitimate job offer, and the registrant intends to file an H-1B petition on behalf of the beneficiary.

Post-Selection Procedures

Upon selection, USCIS will notify each registrant employer, allowing the petitioner to proceed with filing an H-1B cap-subject petition for the beneficiary. This notification is crucial as it enables the employer to prepare the necessary documentation and fulfill the subsequent steps of the application process within the designated filing period.

Registration Fee and Compliance Continue reading →

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Navegar por los caminos de la inmigración en los EE.UU. puede ser complejo, especialmente para aquellos venezolanos que buscan refugio ante la agitación política. Para aclarar, desglosamos los recientes anuncios sobre el estatus TPS de Venezuela y destacamos las fechas esenciales a considerar.

Extensión del TPS para Venezolanos: Aspectos Clave según un Abogado de Inmigración de Chicago

El Secretario de Seguridad Nacional ha extendido la designación de TPS de Venezuela, que comenzó el 9 de marzo de 2021. Esta extensión permite a los beneficiarios actuales mantener su TPS hasta el 10 de septiembre de 2025, siempre que sigan cumpliendo con los requisitos de elegibilidad.

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Navigating the pathways of immigration in the U.S. can be intricate, especially for those from Venezuela seeking refuge amidst political unrest. For clarity, we break down the recent announcements on Venezuela’s TPS status and highlight the essential dates to mark.

TPS Extension for Venezuelans: Key Takeaways by a Chicago Immigration Lawyer

The Secretary of Homeland Security has extended Venezuela’s TPS designation, which began on March 9, 2021. This extension permits existing beneficiaries to maintain their TPS until September 10, 2025, as long as they continue to fulfill eligibility requirements.

Key Dates for TPS Extension:

  • Re-registration Period: January 10, 2024, to March 10, 2024
  • Extension Duration: March 11, 2024, to September 10, 2025

Note: Timely re-registration is essential for uninterrupted employment authorization.

Chicago Immigration Lawyer Advises on Venezuela TPS Redesignation

In addition to the extension, there’s a new TPS redesignation for Venezuela. This provides a fresh opportunity for eligible Venezuelans in Chicago and across the U.S. to apply.

Key Dates for TPS Redesignation:

  • Initial Registration Period: October 3, 2023, to April 2, 2025
  • Redesignation Duration: October 3, 2023, to April 2, 2025

Chicago Immigration Lawyer’s Tips for Navigating TPS Procedures

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The Chicago immigration lawyers of Zneimer & Zneimer file many employment-based applications and petitions, including PERM.  We are very experienced in this area and study appellate decisions and regulations closely to ensure that all issues are properly resolved.  For the PERM labor certification, employers are required to advertise job openings. Per the guidelines in 20 C.F.R. § 656.17(e)(1)(i)(B)(1), this advertising should occur on two separate Sundays in the largest newspaper of general circulation in the area of intended employment. This ensures the job is highly visible to U.S. workers. The job’s location, termed ‘Area of Intended Employment’, is the usual commute distance from the workplace. If the job is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), it is automatically considered within commuting distance. However, jobs outside these areas can still fall within a commuting distance. Importantly, there’s an exception for rural areas. If a rural area lacks a Sunday newspaper edition, 20 C.F.R. § 656.17(e)(1)(i)(B)(2) allows employers to advertise in the most popular edition, eliminating the need for a Sunday advertisement.

If the Area of Intended Employment does not have a Sunday newspaper, the employer cannot use the Rural Area Exception, unless the area is in fact rural.  If it is not, then the employer must use the largest newspaper of general circulation with a Sunday edition that serves the area.

For example, in one case an employer sought a Permanent Employment Certification for the position of “System Performance Program Manager.” The Certifying Officer (CO) had denied the application since the newspaper the employer used for job advertising had limited circulation and no Sunday edition The employer countered by stating there was no newspaper with a Sunday edition in the area of intended employment, and they used the Rochester Post Bulletin which had the most extensive circulation in the area.The CO still held that the job was noy in a rural area, which means the employer had to meet the usual Sunday edition requirement.

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The O-1A visa is designed for individuals who possess extraordinary abilities in the sciences, arts, business, athletics, or education. To be eligible for this visa, you must meet certain criteria, including demonstrating that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field.  Our immigration attorney at the Chicago law office of Zneimer & Zneimer provide information how to meet this criterion.

This criterion requires evidence that the applicant has commanded a high salary or other significantly high remuneration for services, in relation to others in the field. Here’s what you need to know to demonstrate your eligibility:

  1. Determine whether your salary or remuneration is high relative to others in the field: Evidence regarding whether your compensation is high relative to that of others working in the field may take many forms.  Examples may include, but are not limited to, geographical or position-appropriate compensation surveys and organizational justifications to pay above the compensation data.
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The O-1A visa is designed for individuals who possess extraordinary abilities in the sciences, arts, business, athletics, or education. To be eligible for this visa, you must meet certain criteria, including demonstrating evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation.  The immigration attorneys at Zneimer & Zneimer provide analysis of this criterion.

This criterion requires evidence that the applicant has performed in a leading or critical role for organizations or establishments that have a distinguished reputation. Here’s what you need to know to demonstrate your eligibility:

  1. Determine whether you have performed in leading or critical roles for organizations or establishments: In evaluating such evidence, USCIS officers must examine whether the role is (or was) leading or critical.
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If you are an exceptional individual in the arts seeking to work and live in the United States, the O-1A visa may be the perfect solution for you. This non-immigrant visa is designed for individuals who possess extraordinary abilities in the sciences, arts, business, athletics, or education.  Our immigration attorneys at Zneimer & Zneimer have analyzed this criterion and what is required to meet it.  This criterion requires evidence of the display of the applicant’s work in the field at artistic exhibitions or showcases. Here’s what you need to know to demonstrate your eligibility:

  1. Determine whether the work that was displayed is your work product: The description of this type of evidence in the regulation provides that the work must be the applicant‘s.
  2. Determine whether the venues (virtual or otherwise) where your work was displayed were artistic exhibitions or showcases: Webster’s online dictionary defines an exhibition as a public showing and a showcase as a setting, occasion, or medium for exhibiting something or someone, especially in an attractive or favorable aspect.
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If you’re an exceptional individual seeking to work and live in the United States, the O-1A visa may be the perfect solution for you. This non-immigrant visa is designed for individuals who possess extraordinary abilities in the sciences, arts, business, athletics, or education. However, to be eligible for this visa, you must meet certain criteria, including demonstrating that you have authored scholarly articles in your field.  The Chicago immigration attorneys at Zneimer & Zneimer have reviewed and analyzed this criteria based on the regulations and appellate decisions.

This criterion requires evidence of the authorship of scholarly articles in the field, in professional or major trade publications, or other major media publications. Here’s what you need to know to demonstrate your eligibility:

  1. Determine whether you have authored scholarly articles in your field: A scholarly article reports on original research, experimentation, or philosophical discourse. It is written by a researcher or expert in the field who is often affiliated with a college, university, or research institution. In general, it should have footnotes, endnotes, or a bibliography, and may include graphs, charts, videos, or pictures as illustrations of the concepts expressed in the article.
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The O-1A visa is a non-immigrant visa that is designed for individuals who possess extraordinary abilities in the sciences, arts, business, athletics, or education. However, to be eligible for this visa, you must meet certain criteria, including demonstrating that you have made original contributions of major significance to your field. This criterion is laid out in 8 CFR 204.5(h)(3)(v), which requires USCIS officers to evaluate whether your work constitutes major, significant contributions to your field. Simply having published or funded work is not sufficient to establish that your work is of major significance. Instead, USCIS officers will consider other factors, such as peer-reviewed presentations or articles that have received widespread commentary or notice from others in the field.  The immigration attorneys at the Chicago law office of Zneimer & Zneimer have analyzed the requirements through appellate decisions and regulations.

In order to satisfy this criterion, a petitioner must establish not only that the beneficiary has made original contributions but that they have been of major significance in the field. For example, it may support the record with evidence that a beneficiary’s contributions have been widely implemented, have remarkably impacted or influenced the field, or have otherwise risen to a level of major significance in the field. Demonstrating ability as a skilled worker, or a specialist with unique or advanced skills is not itself a contribution of major significance; rather, the Petitioner must demonstrate that the Beneficiary has impacted the field as a whole.  the Beneficiary’s possession of unique skills is recognized as an original contribution of major significance in the field. Having a diverse or unusual skillset does not equate to an “original contribution.” Rather, the record must be supported by evidence that the Beneficiary has already used those unique skills to make original contributions of major significance in the field. The documentation must show the widespread implementation of the Beneficiary’s work, that it has been seminal, or that it otherwise equates to an original contribution of major significance in the field.

Expert opinion letters can be helpful in demonstrating the significance of your contributions. However, not all letters are created equal. USCIS officers will only consider letters that specifically articulate how your contributions are of major significance to the field and its impact on subsequent work. Letters that lack specifics and simply use hyperbolic language will not be considered probative evidence.

  • Although funded and published work may be “original,” this fact alone is not sufficient to establish that the work is of major significance. For example, peer-reviewed presentations at academic symposia or peer-reviewed articles in scholarly journals that have provoked widespread commentary or received notice from others working in the field, or entries (particularly a goodly number) in a citation index which cite the applicant’s work as authoritative in the field, may be probative of the significance of the alien’s contributions to the field of endeavor

One way to do this is by demonstrating that your work has been widely recognized and cited by others in the field. For example, peer-reviewed presentations at academic symposia or peer-reviewed articles in scholarly journals that have provoked widespread commentary or received notice from others working in the field may be probative evidence of the significance of an applicant’s contributions. In addition, entries in a citation index that cite an applicant’s work as authoritative in the field can also be probative evidence. A citation index is a database that tracks citations of scholarly works and can be used to demonstrate the impact and influence of an applicant’s work within their field.

  • USCIS officers may also take into account the probative analysis that experts in the field provide in opinion letters regarding the significance of the applicant’s contributions in order to assist in giving an assessment of the original contributions of major significance. That said, not all expert letters provide such analysis.

To be considered probative evidence that may form the basis for meeting the O-1A criterion related to original contributions of major significance, the letter must include specific details about your Continue reading →

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The O-1A visa is designed for individuals with extraordinary ability in the sciences, education, business, or athletics. To qualify for an O-1A visa, applicants must meet at least three criteria, one of which is evidence of the applicant’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought. At the Zneimer & Zneimer, our experienced immigration attorneys in Chicago can help you navigate the O-1A visa application process and provide guidance on this specific criterion.

To meet this criterion, the applicant must have

  • acted as a judge of the work of others in the same or an allied field of specialization.
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