Immigration Lawyer US

H-1B Cap Exemptions and Alternatives to the Lottery

Most people who need a new H-1B have to go through a lottery. A much smaller group does not. This page explains which employers and which jobs sit outside the annual H-1B numerical limit, which workers have already been counted and so are not counted again, and which visa categories let nationals of a few countries avoid the lottery altogether.

Does the BPC case continuance letter need to be signed only by the employer or can the attorney of record sign?

According to the Labor Department:

The Selection of Continuation Option Letter may be signed and submitted by either the employer or the employer's attorney/agent of record. We request, however, that employers and attorneys coordinate to determine who will submit the Selection of Continuation Option Letter to ensure that the appropriate Backlog Processing Center does not receive conflicting or duplicate responses. In the instance of conflicting responses, we will default to the employer's response.

The message on my Corrections List states, "The Employer's name/address is not the same on Form ETA 750 Part A and Part B." ...

The message on my Corrections List states, "The Employer's name/address is not the same on Form ETA 750 Part A and Part B." What do I need to do?

According to the Labor Department:

Please refer to item 6 on Form ETA 750 Part A and item 8 on Form ETA 750 Part B. These items must match exactly on your application. Initial and date any corrections you make on your application and return it to the appropriate Backlog Processing Center.

During the public briefings, the Department indicated that there will be 2 processing tracks--Reduction in Recruitment (RIR) ...

During the public briefings, the Department indicated that there will be 2 processing tracks—Reduction in Recruitment (RIR) and Traditional Recruitment (TR). As to the First in-First out (FIFO) principle, does this mean RIR cases will be separated or distinguished from permanent TR cases?

According to the Labor Department:

Yes, there will be two processing tracks—RIR and TR. Each track will have a separate FIFO queue. At the centers we will allocate resources so that RIR and TR cases receive equitable treatment in processing