Como se preparar para o ano fiscal H1-B 2023
Jioselin Juarez • May 13, 2022
Click here to read this article in English
Desde março de 2020, um indivíduo estrangeiro interessado em solicitar um visto H-1B deve ter uma empresa dos EUA patrocinadora, também conhecida como Peticionária (“Petitioner”), enviar um registro H-1B no início a meados de março, juntamente cm uma taxa de processamento de US $10. Então, por volta da primeira semana de abril, o Peticionário receberá uma notificação de seleção de H-1B, a qual; permite que o Peticionário de entrada na petição H-1B. Uma vez que o Peticionário receba a notificação de seleção do H-1B, ele terá 90 dias para dar entrada na petição de H-1B junto ao USCIS (United States Citizenship and Immigration Services).
É de suma importância que o Peticionário e indivíduo estrangeiro estejam preparados para o processo de H-1B, devido à limitação de vistos H-1B alocados (um total de 85,000 vistos cada ano fiscal). Assim sendo, o Peticionário e o indivíduo estrangeiro devem considerar o seguinte antes do H-1B FY 2023:
1. Coletar as informações pertinentes da empresa dos Estados unidos:
a. Documentos de formação da empresa;
b. Número FEIN (CNPJ da empresa);
c. Declaração de imposto da empresa de 2020;
d. Signatário da empresa norte-americana
(por exemplo, quem assinará todos os documentos enviados ao USCIS)
2. Coletar todas as informações pessoais e educacionais do indivíduo estrangeiro
a. Cópia do atual passaporte;
b. Quaisquer documentos atuais de imigração (ex., I-20, cópia de vistos, etc.);
c. Todos os diplomas e históricos escolares (obtidos no exterior e nos EUA);
3. Preparar o cargo e os deveres do cargo que o Peticionário pretende que o indivíduo estrangeiro desempenhe
4. A conta do Registrante H-1B no USCIS
a. Se o Peticionário não tiver uma conta de Registrante H-1B, o Peticionário deve
criar uma antes o primeiro dia do registro do H1-B (por volta do final de
fevereiro ao início de março).
5. Preparar para a seleção H-1B
a. A Petição de Condição de Trabalho (LCA) é um requisito para um H-1B
A LCA requer a informação da companhia, cargo, funções e local de emprego relacionado ao indivíduo.
* Se o Peticionário não tiver apresentado uma petição de H-1B antes,
então o Peticionário precisará verificar o número FEIN junto ao
Departamento do Trabalho (DOL) antes de dar entrada no LCA.
6. Avaliação de Trabalho (se o indivíduo tiver um diploma estrangeiro)
7. Cartas de experiência relativas aos empregos anteriores do indivíduo (se aplicável)
8. Taxas da petição H-1B (variam baseado no tamanho da empresa americana)
Por favor agende uma consulta com um dos nos advogados de imigração para discutir os requisitos do H-1B e processo antes do ano fiscal 2023 para o H-1B, que começa em março de 2022.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Similar Posts
A key development occurred in December 2024, when the deference policy was officially written into regulation (the “H-1B modernization rule”), set to take effect on January 17, 2025. Once it takes effect, USCIS adjudicators must apply the deference policy to extension requests involving the same employer, the same employee, and the same job details. USCIS can still decide not to defer to the previous approval if: There was a material error in the earlier approval. There has been a material change in circumstances or eligibility. New information raises doubts about eligibility. Even in these situations, officers must explain why they are not deferring. Importantly, USCIS does not have to defer to decisions made by other agencies, such as the U.S. Department of State or Customs and Border Protection. By turning the deference policy into a regulation, it becomes more difficult for future administrations to eliminate it quickly. Any attempt to rescind or change the policy now requires a lengthy rulemaking process that includes a public notice-and-comment period. Key Takeaways for Employers Greater Predictability: The deference policy, now a regulation, gives employers more certainty that extension petitions will be approved if there are no major changes in the employee’s role or the employer’s situation. Potential Changes Ahead: A future administration could still try to rescind this rule, but they must follow a formal regulatory process, which takes time and offers employers some warning. File Extensions Early: Employers can submit extension petitions up to six months before a visa expires. Filing early can help avoid unexpected policy shifts and minimize risks of RFEs or denials. Overall, the codification of the deference policy is a significant step that offers much-needed stability and efficiency in the U.S. immigration process. By planning ahead and staying informed, employers can take advantage of this improved predictability. As always, working closely with an immigration attorney ensures that extension applications are accurate, well-prepared, and filed promptly—especially during times when policy may evolve.
The U.S. Citizenship and Immigration Services (USCIS) has recently announced a significant enhancement to its customer experience with the upcoming launch of organizational accounts for H-1B cap season. These measures, set to debut in February 2024 , aim to boost efficiency and foster collaboration among organizations, legal representatives, and USCIS. One of the key features of this improvement is the introduction of organizational accounts for non-cap filings and the fiscal year (FY) 2025 H-1B cap season. This innovation allows multiple individuals within an organization and their legal representatives to collaborate seamlessly on H-1B registrations, Form I-129 (Petition for a Nonimmigrant Worker), and associated Form I-907 (Request for Premium Processing Service). The introduction of organizational accounts marks a transition to a fully electronic H-1B lifecycle, covering registration, petition preparation, decision-making, and transmission to the Department of State. USCIS expects to launch organizational accounts in February 2024, with the online filing of Forms I-129 and I-907 following shortly thereafter. This shift to electronic filing is anticipated to streamline the H-1B petition process, reducing common errors and eliminating duplicate H-1B registrations. Further, as part of USCIS's broader efforts to enhance efficiency and standardize processes, the paper filing location for Forms I-129 and I-907 will transition from service centers to the USCIS lockbox. This move aims to reduce costs while maintaining a more streamlined and standardized approach to handling H-1B petitions. With these customer experience improvements, USCIS is taking a significant stride towards modernizing and streamlining the H-1B petition process. As we approach the FY 2025 H-1B registration period, Santos Lloyd Law Firm is closely monitoring the evolving landscape of H-1B changes and actively engaging in upcoming sessions to maximize the benefits of these improvements.
Under the new regulation, if a person filed or files Form I-589, Application for Asylum and for Withholding of Removal after October 1, 2024, and the application remains pending with USCIS for 365 days, the applicant must pay an Annual Asylum Fee (AAF) on the one-year anniversary of his or her filing date.
It’s no secret that the U.S. immigration system has faced increased scrutiny and change in recent months. From evolving policies to headlines filled with uncertainty, it’s understandable that many individuals are left wondering: Is this still the right time to pursue a future in the United States? The answer is yes—and here’s why. Despite the shifting political landscape, the core structure of U.S. immigration law remains firmly in place. While the process may appear more complex or demanding than it once was, the legal pathways to live, work, and thrive in the United States are still open and accessible to those who take the proper steps. What often gets lost in the conversation is that the United States remains a country built on innovation, creativity, and resilience. It continues to attract global talent, entrepreneurs, artists, and professionals from all walks of life. Whether you are launching a business, advancing your career, or seeking a better life for your family, the United States offers unparalleled opportunities to those who are prepared and determined. Much of what makes the United States a global economic and technological leader today is the direct result of contributions made by immigrants. Nearly half of the current Fortune 500 companies were founded by immigrants or their children. Immigrant entrepreneurs have long been an essential part of America’s economic success story. Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants. This includes household names such as Apple and Costco. Moderna, the pharmaceutical company and vaccine producer, was founded by a Canadian-born stem cell biologist, Derrick J. Rossi, whose parents themselves emigrated from Malta. These success stories are not outliers; they are part of a broader pattern that reflects the drive, innovation, and resilience that immigrants bring to the country. The United States also offers one of the most dynamic and diverse economies in the world. It is a place where hard work, fresh ideas, and entrepreneurial vision are rewarded. For creative professionals, business leaders, and investors, the United States provides a unique platform to grow, connect, and gain global influence. Its competitive marketplace, access to capital, and culture of innovation create unmatched opportunities for those ready to seize them. While the immigration process requires careful planning, that process is far from impossible. Indeed, having strong legal guidance is one of the most effective advantages an applicant can possess. Immigration law is complex, and each case must be evaluated individually. A clear, strategic plan tailored to your background and goals can significantly improve your chances of success. What may feel like a hurdle at first glance is often navigable with solid preparation and documentation. At our immigration law firm, we have had the privilege of assisting individuals from all over the world as they navigate these complexities. Time and again, we have witnessed how determination, careful preparation, and experienced legal counsel can turn uncertainty into opportunity and help transform a vision for the future into reality. If you have been uncertain about whether to move forward, let this be your sign to take the next step. The United States is still a land of possibilities. If you are ready to take that step, now is the time to act. Let us build your path forward together.
The U.S. Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for nationals from Honduras, Nicaragua, Nepal, Haiti, and Cameroon. These longstanding protections are set to expire, putting many individuals at risk of deportation.
