H-1B visa numbers are going, going, soon to be gone!

The H-1B visa is an employment-based visa available for employers who want to hire foreign workers for "professional" positions. In other words, the job has to be at a complex enough level that it would normally require the attainment of a bachelor's degree or higher. The foreign work has to have earned at least a bachelor's degree in that particular area in order to qualify for H-1B status. The employer has to comply with certain Department of Labor regulations and also submit an extensive application to the U.S. Citizenship and Immigration Services (USCIS) in order to obtain approval to hire an H-1B worker. These visas are most prominently used in the high-tech field, but are also found throughout other industries. Think accountants, teachers, architects, doctors, scientists, in general the people you hope paid attention in class if they're working on something important to you!

As we say in Texas, here's the kicker: There are only 65,000 of these visas available each year. The USCIS begins accepting applications on April 1st every year, and in a normal economic climate they will receive double or nearly triple the number of applications and will put all received applications through a random selection process to review and approve just 65,000. This year, because of the economic downturn, there are still visa numbers available in mid-December. But not many.

USCIS released their latest H-1B count on December 11th and there are roughly 2,100 visas still available. This has been an unprecedented year of opportunity for employers and H-1B candidates alike, since nearly everyone with the will to hire and the good fortune to find a job has been able to secure a visa. If you're an employer with a candidate in mind, or a foreign national with a job opportunity and you haven't begun the application process yet, be warned that time is running out! The next chance to apply won't be until April 2010, and petitions approved during that application timeframe won't allow the employee to begin working until October 2010.

Best of luck, but if you don't make it we'll see you again in April 2010!

A new law firm, a new beginning

In November 2009, attorneys Rachel Bus and Vi Nanthaveth struck out on their own to form a law firm devoted to the practice of immigration law.  Rachel brought her in-depth knowledge of the employment-based side of immigration, complemented by Vi's extensive experience in family-based immigration and deportation and removal matters.  One month later, Bus & Nanthaveth, PLLC has opened its doors and begun serving individuals, families, and businesses in meeting their immigration needs.  Bus & Nanthaveth, PLLC strives to be honest, caring, and resourceful in ensuring that our clients receive the utmost attention that their cases deserve. 

This blog is meant as an extension of the services we provide to our clients.  In it, we will post relevant information, updates and articles relating to immigration law.  We do not intend for this blog to serve as your legal advisor.  For legal advice, you should contact an attorney who can discuss your individual situation with you and provide you with informed options.  All the contents of this blog, (with the exception of comments), constitute the opinion of the authors, and the authors alone; they do not represent the view of organizations, businesses or institutions the authors are part of.

We hope that you find the information we post to be interesting or useful in some way.  If you would like to contact us for a legal consultation, please email us at info@busnanlaw.com or call us at (512) 371-9000.

Thank you and we wish you all the best,

Rachel Bus and Vi Nanthaveth