LPY Law Group

On April 4, 2023, LPY Law Group received approval of an EB-2 National Interest Waiver (NIW) I-140 immigrant petition for an asset manager from Canada. The United States Citizenship and Immigration Services (USCIS) approved the petition without Request For Evidence.

For EB-2 I-140 immigrant petitions, the petitioner must show that he is either an advanced degree professional or possesses exceptional ability in the sciences, arts, or business. For most EB-2 I-140 petitions, he must also have a permanent US job offer and an approved labor certification. However, the NIW waives the requirements of a permanent US job offer and an approved labor certification if the petitioner can show that his entry into the US as a permanent resident is in the national interest.

USCIS announced this morning that it has received a sufficient number of cap-subject H-1B petitions to reach both the H-1B Regular and U.S. Masters Exemption caps for fiscal year 2015 (FY 2015). The filing period for FY 2015 began on April 1, 2014. Today (April 7, 2014) is the last day that USCIS will accept cap-subject H-1B petitions.

After it completes initial intake for all cap-subject H-1B petitions received April 1-7, USCIS will conduct the random computer-generated lottery to select visa petitions for receipting and adjudication. USCIS will first conduct a lottery for all petitions that qualify for the 20,000 U.S. Masters Exemption cap. Petitions that are not selected for the U.S. Masters Exemption cap will then go into the regular lottery for the 65,000 cap. We will notify clients as soon as USCIS announces a date for the random lottery.

H-1B is a visa program used by U.S. businesses to employ foreign workers in specialty occupations that require theoretical or practical application of a body of highly specialized knowledge and at least a bachelor’s degree (or its equivalent) in the field. Such specialty occupations include, but are not limited to, scientists, engineers, accountants, or computer programmers. H-1B gives foreign workers permission to work in the United States and a status that allows him or her to remain lawfully in the United States on a temporary basis. Generally, the maximum period that a foreign worker can be in the United States with H-1B is six (6) years, which is granted in increments of no more than three (3) years at a time.

The H-1B Cap & Lottery System