Posted in The National Law Review recently was an article by Kimberly A. Clarke, Nina Thekdi, and Luis E. Avila of Varnum LLP regarding H1B Visas:
Employers may first apply for 2013 H-1B visas for individuals not currently in H-1B status on April 2, 2012 with a start date of October 1, 2012. While the 2012 H-1B visa cap for individuals not currently in H-1B status was not reached until November 2011, in previous years the cap has been reached within the first five days applications were accepted.
This H-1B cap limitation does not apply to extensions of H-1B status or those obtaining H-1B status to teach at colleges, universities, related nonprofit or government research organizations or J waiver physicians.
If your company has potential H-1B candidates working on post-education employment authorization that will expire prior to October 1, 2013, please contact us to prepare H-1B petitions for these individuals as soon as possible to secure an available visa.
© 2012 Varnum LLP
Spouses of certain H-1B holders to be provided work authorization!
Under proposed rule, H-4 spouses could get employment authorization document if their H-1B spouse is filing for an employment-based green card. A minimum period of time in H-1B status will need to pass, though USCIS has not specified the amount yet. The new rule would add “comparable evidence” to the regulatory list for researchers and professors, something that the other exceptional immigrant visa categories contain. Allow outstanding professors and researchers to present a broader scope of evidence of academic achievement.