# Full AI-Readable Content for YUANHE PARTNERS Generated: 2026-05-13T05:17:04+00:00 Source: https://yuanhelaw.com/ ## Table of Contents - [A Guide to Alien Registration Requirements (外籍人士登记要求指南)](#a-guide-to-alien-registration-requirements-外籍人士登记要求指南) - [May 2025 Visa Bulletin Update](#may-2025-visa-bulletin-update) - [April 2025 Visa Bulletin Update](#april-2025-visa-bulletin-update) - [March 2025 Visa Bulletin Update](#march-2025-visa-bulletin-update) - [2025 (FY 2026) H-1B Cap Initial Registration](#2025-fy-2026-h-1b-cap-initial-registration) - [February 2025 Visa Bulletin Update](#february-2025-visa-bulletin-update) - [January 2025 Visa Bulletin Update](#january-2025-visa-bulletin-update) - [Temporary Pause on Corporate Transparency Act Enforcement](#temporary-pause-on-corporate-transparency-act-enforcement) - [Urgent: Calling All Business Owners – Corporate Transparency Act (CTA) BOI Filling Deadline Approaching](#urgent-calling-all-business-owners-corporate-transparency-act-cta-boi-filling-deadline-approaching) - [December 2024 Visa Bulletin Update](#december-2024-visa-bulletin-update) - [Super Lawyers 2024: Legal Excellence in Business and Corporate, Real Estate, and Immigration Law](#super-lawyers-2024-legal-excellence-in-business-and-corporate-real-estate-and-immigration-law) - [October 2024 Visa Bulletin Update](#october-2024-visa-bulletin-update) - [September 2024 Visa Bulletin Update](#september-2024-visa-bulletin-update) - [FY 2025 H-1B Cap Registrations | Second Random Selection](#fy-2025-h-1b-cap-registrations-second-random-selection) - [August 2024 Visa Bulletin Update](#august-2024-visa-bulletin-update) - [July 2024 Visa Bulletin Update](#july-2024-visa-bulletin-update) - [January 2024 Visa Bulletin Update](#january-2024-visa-bulletin-update) - [October Visa Bulletin – Modest Advancement for China](#october-visa-bulletin-modest-advancement-for-china) - [Effective immediately: All visitors are required to provide proof of COVID-19 vaccination](#effective-immediately-all-visitors-are-required-to-provide-proof-of-covid-19-vaccination) - [2020 Retrospect of Jun Wang & Associates, P.C. – Honor](#2020-retrospect-of-jun-wang-associates-p-c-honor) - [Commercial Real Estate](#commercial-real-estate) - [Internal Revenue Code section 1031 exchange](#internal-revenue-code-section-1031-exchange) - [Bank Closing](#bank-closing) - [Purchase Money Mortgage/Private Financing Agreements](#purchase-money-mortgage-private-financing-agreements) - [Condominium and Cooperative Board and Management Representation](#condominium-and-cooperative-board-and-management-representation) - [AIA and Construction Contracts](#aia-and-construction-contracts) - [Auction and Real Estate owned by Bank (R.E.O.) Closings](#auction-and-real-estate-owned-by-bank-r-e-o-closings) - [Short Sale Negotiation and Closings](#short-sale-negotiation-and-closings) - [Lease Review](#lease-review) - [Residential Real Estate Transactions](#residential-real-estate-transactions) - [USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions](#uscis-resumes-premium-processing-for-fiscal-year-2019-h-1b-cap-petitions) - [Transaction Related IP Services](#transaction-related-ip-services) - [Intellectual Property Related Dispute Resolution](#intellectual-property-related-dispute-resolution) - [China Trademark Services](#china-trademark-services) - [China Patent Services](#china-patent-services) - [Government Shutdown Impact on USCIS Processes](#government-shutdown-impact-on-uscis-processes) - [H-3](#h-3) - [TN](#tn) - [O-1](#o-1) - [Blanket L Certification](#blanket-l-certification) - [L-1B](#l-1b) - [L-1A](#l-1a) - [H-1B](#h-1b) - [EB-5](#eb-5) - [EB-3](#eb-3) - [EB-2](#eb-2) - [PERM Labor Certification](#perm-labor-certification) - [National Interest Waiver](#national-interest-waiver) - [EB-1C](#eb-1c) - [EB-1B](#eb-1b) - [EB-1A](#eb-1a) - [Cap Gap for Students Without a Rejection or Decision](#cap-gap-for-students-without-a-rejection-or-decision) - [Impact of “Hire American” Provision in New Executive Order Remains to Be Seen](#impact-of-hire-american-provision-in-new-executive-order-remains-to-be-seen) - [Analysis of Mar. 31st Policy Memo on “Computer Programmer”](#analysis-of-mar-31st-policy-memo-on-computer-programmer) - [USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions](#uscis-will-temporarily-suspend-premium-processing-for-all-h-1b-petitions) - [DHS Publishes Final International Entrepreneur Rule](#dhs-publishes-final-international-entrepreneur-rule) - [USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees](#uscis-announces-final-rule-adjusting-immigration-benefit-application-and-petition-fees) - [USCIS Proposes Rule to Welcome International Entrepreneurs](#uscis-proposes-rule-to-welcome-international-entrepreneurs) - [USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions](#uscis-returns-unselected-fiscal-year-2017-h-1b-cap-subject-petitions) - [USCIS completed data entry for all FY 2017 cap-subject petitions as of May 2, 2016](#uscis-completed-data-entry-for-all-fy-2017-cap-subject-petitions-as-of-may-2-2016) - [US Consulate in Toronto Suspends Third Country National Appointment in Summer](#us-consulate-in-toronto-suspends-third-country-national-appointment-in-summer) - [USCIS Completes the H-1B Cap Random Selection Process for FY 2017](#uscis-completes-the-h-1b-cap-random-selection-process-for-fy-2017) --- ## A Guide to Alien Registration Requirements (外籍人士登记要求指南) URL: https://yuanhelaw.com/a-guide-to-alien-registration-requirements-%e5%a4%96%e7%b1%8d%e4%ba%ba%e5%a3%ab%e7%99%bb%e8%ae%b0%e8%a6%81%e6%b1%82%e6%8c%87%e5%8d%97/ Type: post Published: 2025-05-29T16:04:55+00:00 Modified: 2025-05-29T16:14:46+00:00 Categories: Uncategorized **What is Alien Registration?** ****什么是外籍人士登记？******** Under the Alien Registration Act of 1940, ***all******foreign national age******d******14 or older who will be in the United States (U.S.) for 30 days or more must be registered and fingerprinted.*** ***Foreign nationals 18 years and older******must******always carry proof of such registration.*** Failure to do so can result in a misdemeanor, which includes fines and/or imprisonment. 根据1940年《外籍人士登记法》，所有年满14岁的外国人，如将在美国停留30天或以上，必须进行登记和采集指纹。年满18岁的外国人必须随身携带登记证明。未遵守此规定可能构成轻罪，可能会面临罚款和/或监禁。 Historically, this law has not been regularly enforced. However, the Trump administration began enforcing this law as of April 11, 2025. To comply with the registration requirement, the administration created ***a new online G-325R for all unregistered foreign nationals to obtain “Proof of Alien Registration.”*** 历史上，该法律执行并不严格。然而，特朗普政府自2025年4月11日起开始执行该法律。为了符合登记要求，政府设立了一个新的在线G-325R表格，供所有未登记的外国人申请“外籍人士登记证明”。 **Who****N****eeds to****R****egister?** **谁需要登记？** Many foreign nationals, including some who lack legal status, are already considered registered. Any other foreign nationals who enter U.S. and plan to stay for 30 days or longer after April 11, 2025 must register before the expiration of the 30 days. This mandate includes: 许多外国人，包括部分无合法身份者，已被视为完成登记。其他在2025年4月11日之后进入美国并计划停留30天或以上的外国人，必须在30天期限内完成登记。该要求适用于： - Canadians who entered the U.S. at land ports of entry and were not issued evidence of registration (e.g. Form I-94). 通过陆地入境口岸进入美国的加拿大人，如未获得登记凭证（如I-94表格）。 - Foreign nationals who entered the U.S. without inspection and have not otherwise been encountered by DHS or do not have a registration document. 未经检查入境美国的外国人，且未被国土安全部记录或没有登记文件者。 - Noncitizen children who turn 14 years old while in the U.S. must register/re-register within 30 days of their 14th birthday. 在美国境内年满14岁的非公民儿童，必须在14岁生日后的30天内完成登记或重新登记。 - If an LPR (green card holder) is outside of the U.S. when they turn 14, the individual must apply for registration and provide a photograph within 30 days of return. Parents or legal guardians are responsible for their children’s compliance. 如果绿卡持有人在14岁生日时身在美国境外，则其必须在返回美国后的30天内申请登记并提交照片。其父母或法定监护人须负责履行此义务。 **** What if You Are Undocumented? **如果你是无证移民怎么办？** If you entered the U.S. without inspection and admission or inspection and parole and have not registered and do not have evidence of registration, you are required to register before the expiration of 30 days after entry into the U.S. 如果你未经检查和准许进入美国，且尚未登记、也没有登记证明文件，必须在入境美国后30天内完成登记。 **Registering does not grant legal status and may result in the registrant being detained and placed in removal proceedings. Failure to register may result in civil and criminal penalties.** **登记不等于获得合法身份，登记可能导致被拘留并进入遣返程序。** **未登记还可能导致民事和刑事处罚。** **Who Is Considered to Have Already Registered?** **哪些人被视为已完成登记？** Foreign nationals who have already registered include: 以下外国人被视为已完成登记： - Lawful permanent residents (green card holders) 合法永久居民（绿卡持有人） - People paroled into the U.S. under INA §212(d)(5), even if the period of parole has expired 根据《移民与国籍法》第212(d)(5)条获得假释进入美国的人，即使假释期已过 - People admitted to the U.S. as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired 持非移民签证入境且获得I-94或I-94W（纸质或电子版）表格的人，即使入境许可期已过 - All people present in the U.S. (except those under the age of 14), who were issued immigrant or nonimmigrant visas before their last date of arrival 所有在入境前获得移民或非移民签证的人（14岁以下除外） - People placed into removal proceedings 已进入遣返程序的人 - People granted permission to depart without the institution of deportation proceedings. 获准离境且未正式启动遣返程序的人 - People issued an employment authorization document (I-766) 获得工作许可卡（I-766）的人 ** ** **Who is Exempt from the Requirement?** **谁免于登记义务？** - U.S. citizens 美国公民 - Visa holders who have been already registered and fingerprinted through their application for a visa 在申请签证过程中已完成登记和指纹采集的签证持有人 - A visa holders A类签证持有人 - G visa holders G类签证持有人 - Those in U.S. for less than 30 days 在美国停留不超过30天的人 - American Indians born in Canada who possess at least 50% blood of the American Indian race who are present in the US under the authority of 8 USC §1359 加拿大出生、具有至少50%美洲原住民血统，依据《美国法典》第8篇§1359条合法进入美国的印第安人 - Individuals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700 and provided fingerprints (unless waived), even if the applications were denied. 通过提交I-485、I-687、I-691、I-698、I-700表格申请合法永久居留并提供指纹（如未被豁免）的人，即使申请被拒 **How and Where to Register** **如何以及在哪里登记** USCIS has established a new form, G-325R, Biometrics Information (Registration). Form G-325R is submitted online through a myUSCIS account created via the USCIS website. [https://myaccount.uscis.gov/create-account](https://myaccount.uscis.gov/create-account) 美国公民及移民服务局（USCIS）设立了新的G-325R表格，即《生物识别信息（登记）》。表格需通过USCIS网站的myUSCIS账户在线提交：[https://myaccount.uscis.gov/create-account](https://myaccount.uscis.gov/create-account) Steps to register 登记步骤： 1. Create an online USCIS account at my.uscis.gov. 在 my.uscis.gov 创建USCIS在线账户。 1. Complete and submit Form G-325R. 在线填写并提交G-325R表格。 1. Attend a biometrics appointment at a USCIS Application Support Center, at which time a statement is signed under oath reaffirming to the information provided. 前往USCIS办公室参加生物识别采集预约，并在现场宣誓确认信息真实性。 1. Receive proof of alien registration document, after completion of background checks. 背景调查完成后，获得外籍人士登记证明。 1. The Proof of Alien Registration document will be available in the USCIS online account. 该登记证明将在USCIS在线账户中提供下载。 **What Documents Count as Proof of Registration?** **哪些文件可作为登记证明？** The following documents serve as proof of registration: 以下文件可视为外籍人士登记证明： - I-94 or I-94W (Arrival-Departure Record paper or electronic) even if the admission period is expired, which Includes: I-94或I-94W（入境记录，纸质或电子版），即使入境许可期已过，适用于： - People admitted with nonimmigrant visas. 持非移民签证入境者 - People paroled into the U.S. under INA §212(d)(5), even if the parole period is expired. 假释入境者（即使假释期已过） - I-95, Crewmen’s Landing Permit 船员登陆许可 - I-184, Alien Crewman Landing Permit and Identification Card 外籍船员登陆许可与身份证 - I-185, Nonresident Alien Canadian Border Crossing Card 非居民加拿大人边境通行卡 - I-186, Nonresident Alien Mexican Border Crossing Card 非居民墨西哥人边境通行卡 - I-221, Order to Show Cause and Notice of Hearing 责令说明命令及听证通知 - I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien 责令说明命令、听证通知及拘捕令 - I-551, Permanent Resident Card (Green Card) 永久居民卡（绿卡） - I-766, Employment Authorization Document 工作许可证 - I-862, Notice to Appear 出庭通知书 - I-863, Notice of Referral to Immigration Judge 转介至移民法官通知书 - A valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport. 护照中有效的非移民入境或假释盖章 More information may be found at USCIS and 8 CFR §264.1: [https://www.uscis.gov/alienregistration](https://www.uscis.gov/alienregistration) 更多信息可访问USCIS网站及《联邦法规》第8篇第264.1条：[https://www.uscis.gov/alienregistration](https://www.uscis.gov/alienregistration) **What Happens If You Don’t Register or Carry Proof?** **如果未登记或未随身携带登记证明会怎样？** Foreign nationals who are 18 years or older must carry proof at all times of their registration. A willful failure to register could result in a misdemeanor offense punishable by a fine of up to $5,000 and/or up to 6 months in jail. There is a separate criminal offense and removal ground for registering using false documents. Failure to carry proof of registration at all times for individuals 18 years or older could result in a fine of up to $5,000 and/or up to 30 days in jail. 年满18岁的外国人必须随时携带登记证明。故意不登记可能构成轻罪，最高罚款$5,000和/或最高6个月监禁。使用虚假文件进行登记也属于刑事犯罪，并可能成为遣返理由。18岁及以上者未随身携带登记证明也可能面临最高$5,000罚款和/或最高30天监禁。 If you do not register and later apply for an immigration benefit or visa, the government might deny the benefit or visa for failing to register. 如果您未登记但将来申请移民福利或签证，政府可能会因未登记而拒绝您的申请。 Everyone living in the U.S. still has basic rights under the Constitution. You have the right to remain silent when questioned. You have the right to speak to a lawyer, if arrested. 所有在美国的人，仍享有宪法赋予的基本权利。您有权在被盘问时保持沉默；如被拘留，您有权要求律师。 **Change of Address Requirement** **地址变更要求** If you change your residence, you must notify USCIS of your new address within 10 days. Failure to do so can result in a fine of up to $5,000 and/or up to 30 days in jail and may result in removal, unless the failure to timely notify is reasonably excusable or was not willful. 如果您更换住址，必须在10天内通知USCIS。如未及时通知，可能面临最高$5,000罚款和/或最高30天监禁，且可能被驱逐出境，除非您能合理解释延误或证明其并非故意。 For more information, please see: [https://www.uscis.gov/addresschange](https://www.uscis.gov/addresschange) 更多信息请访问：[https://www.uscis.gov/addresschange](https://www.uscis.gov/addresschange) *****This document is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this document without first consulting a competent, licensed immigration attorney. This document was prepared using guidance from the American Immigration Lawyers Association****(AILA).** **本文件仅供一般信息参考之用，不构成法律建议。请勿依据本文件中的任何信息采取行动，务必先咨询具备资质的移民律师。本文件参考了美国移民律师协会** **(AILA)****提供的指导。***** --- ## May 2025 Visa Bulletin Update URL: https://yuanhelaw.com/may-2025-visa-bulletin-update/ Type: post Published: 2025-04-29T16:13:14+00:00 Modified: 2025-04-29T18:10:16+00:00 Categories: Employment-Based Green Cards, Family-Based Green Cards, Visa Bulletin Updates Tags: 2025 Visa Bulletin, EB-1, EB-2, EB-3, USCIS Visa Bulletin ****Quick Recap:**** - In May, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding Final Action Dates listed in the State Department’s May 2025 Visa Bulletin. - All employment-based Final Action Dates for all countries, except India, will remain the same. - India EB-3 Final Action Dates will advance by two weeks. - USCIS will continue to honor Dates for Filing for all family-based AOS applications. - F2A Dates for Filing for all countries will advance by approximately three and a half months. --- ****Employment-Based Final Action Dates for May 2025:**** - **EB-1** - China: November 8, 2022 - India: February 15, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) - **EB-2** - China: October 1, 2020 - India: January 1, 2013 - All other countries: June 22, 2023 - **EB-3** - China: November 1, 2020 - India: April 15, 2013 - All other countries: January 1, 2023 For more details, please visit the State Department’s [May 2025 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-may-2025.html). --- ## April 2025 Visa Bulletin Update URL: https://yuanhelaw.com/april-2025-visa-bulletin-update/ Type: post Published: 2025-03-28T20:29:56+00:00 Modified: 2025-04-29T20:02:19+00:00 Categories: Employment-Based Green Cards, Family-Based Green Cards, USCIS Announcements, Visa Bulletin Updates ****Quick Recap:**** - In April, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding**Final Action Dates** listed in the State Department’s April 2025 Visa Bulletin. - China EB-1 Final Action Dates will remain the same. - China EB-2 Final Action Dates will advance by almost five months - China EB-3 Final Action Dates will advance by three months. - India EB-2 Final Action Dates will advance by one month. - India EB-3 Final Action Dates will advance by two months. - EB-2 Final Action Dates for all other countries will advance by approximately five weeks. - EB-3 Final Action Dates for all other countries will advance by one month. - USCIS will continue to honor **Dates for Filing** for family-based AOS applications. - F2A Dates for Filing for all countries will advance by three months. --- ****Employment-Based Final Action Dates for April 2025:**** - **EB-1** - China: November 8, 2022 - India: February 15, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) - **EB-2** - China: October 1, 2020 - India: January 1, 2013 - All other countries: June 22, 2023 - **EB-3** - China: November 1, 2020 - India: April 1, 2013 - All other countries: January 1, 2023 For more details, please visit the State Department’s [April 2025 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-april-2025.html). --- ## March 2025 Visa Bulletin Update URL: https://yuanhelaw.com/march-2025-visa-bulletin-update/ Type: post Published: 2025-02-28T18:17:07+00:00 Modified: 2025-03-03T15:52:04+00:00 Categories: Employment-Based Green Cards, Family-Based Green Cards, Visa Bulletin Updates Tags: EB-1, EB-2, EB-3, Final Action Dates, USCIS Visa Bulletin, Visa Bulletin ****Quick Recap:**** - In March, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding **Final Action Dates** listed in the State Department’s March 2025 Visa Bulletin. - EB-1 Final Action Dates for all countries will remain the same. - EB-2 Final Action Dates for all countries will advance modestly. - EB-3 Final Action Dates for China and India will advance modestly. - USCIS will continue to honor Dates for Filing for family-based AOS applications. - Family-based Dates for Filing for all countries will remain the same. --- ****Employment-Based Final Action Dates for March 2025:**** - **EB-1** - China: November 8, 2022 - India: February 1, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) - **EB-2** - China: May 8, 2020 - India: December 1, 2012 - All other countries: May 15, 2023 - **EB-3** - China: August 1, 2020 - India: February 1, 2013 - All other countries: December 1, 2022 For more details, please visit the State Department’s [March 2025 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-march-2025.html). --- **Schedule a Consultation Today** If you're interested in scheduling a consultation or learning more about an attorney who can assist with your immigration needs, click [here ](https://yuanhelaw.com/our-team/zhirong-archie-liu-esq/)to view their profile. --- ## 2025 (FY 2026) H-1B Cap Initial Registration URL: https://yuanhelaw.com/2026-h-1b-cap-initial-registration/ Type: post Published: 2025-02-06T22:53:51+00:00 Modified: 2025-03-03T16:06:48+00:00 Categories: H-1B Visa Updates, USCIS Announcements, Work Visas Tags: FY 2026 H-1B Registration, H-1B Cap 2026, USCIS H-1B Lottery, Work Visa Filing Process **1. USCIS Announces FY 2026 H-1B Cap Registration Details** On February 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced the**initial registration period**for the****Fiscal Year (FY) 2026 H-1B cap.**** --- **Key Timeline for FY 2026 H-1B Registration**  - *Registration Opens*: March 7, 2025, at 12:00 PM (ET) - *Registration Closes*: March 24, 2025, at 12:00 PM (ET) - During this period, prospective petitioners and representatives must register each beneficiary electronically using a USCIS online account and pay the $215 registration fee per beneficiary. Based on past experience, selection results are expected to be released by the end of March or early April. --- **2. What’s the Key Information for FY 2026 H-1B?** - **Increased H-1B Registration Fee** - The H-1B registration fee has increased from $10 to $215 per beneficiary. - **Beneficiary-Centric Selection Process** - USCIS will select beneficiaries, not registrations. - If multiple employers submit registrations for the same beneficiary, it will not increase their selection chances. - **Organizational Account Enhancements for H-1B Filing** - Employers who did not use their H-1B registrant accounts for FY 2025 will have their accounts automatically converted to organizational accounts upon their next login. - First-time registrants can create a USCIS online account at any time before registration opens. For more details, visit the [USCIS H-1B Electronic Registration Process page](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process) --- ## February 2025 Visa Bulletin Update URL: https://yuanhelaw.com/february-2025-visa-bulletin-update/ Type: post Published: 2025-02-04T21:49:08+00:00 Modified: 2025-03-03T16:08:07+00:00 Categories: Employment-Based Green Cards, Family-Based Green Cards, Visa Bulletin Updates Tags: 2025 Visa Bulletin, EB-1, EB-2, EB-3, Final Action Dates, USCIS Updates, Visa Bulletin **Quick Recap** - Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding**Final Action Dates** listed in the State Department’s February 2025 Visa Bulletin. - The Final Action Date for China EB-3 will advance by one month. - USCIS will continue to honor Dates for Filing for family-based AOS applications. - Family-based Final Action Dates and Dates for Filing for all countries will remain the same. --- ****Employment-Based Final Action Dates for February 2025:******** - - **EB-1** - China: November 8, 2022 - India: February 1, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) - **EB-2** - China: April 22, 2020 - India: October 15, 2012 - All other countries: April 1, 2023 - **EB-3** - China: July 1, 2020 - India: December 15, 2012 - All other countries: December 1, 2022 For more details, please visit the State Department’s [February 2025 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-february-2025.html) --- ## January 2025 Visa Bulletin Update URL: https://yuanhelaw.com/january-2025-visa-bulletin-update/ Type: post Published: 2024-12-27T21:42:24+00:00 Modified: 2025-03-03T16:35:41+00:00 Categories: Employment-Based Green Cards, Family-Based Green Cards, Visa Bulletin Updates Tags: EB-1, EB-2, EB-3, Final Action Dates, USCIS Visa Bulletin, Visa Bulletin ****Quick Recap**** - Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding **Dates for Filing** listed in the State Department’s January 2025 Visa Bulletin.**** - In January, the Dates for Filing across all employment-based categories will remain unchanged from December for all countries. However, the Final Action Dates will see modest advancements in the EB-2 and EB-3 categories. - In January, the Dates for Filing for most family-based categories will remain unchanged from December for most countries, including China, except for the F-3 category, which will advance by three months for most countries. --- ****Employment-Based Final Action Dates for January 2025:**** - - EB-1**** - China: November 8, 2022 - India: February 1, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) - EB-2 - China: April 22, 2020 - India: October 1, 2012 - All other countries: April 1, 2023 - EB-3 - China: June 1, 2020 - India: December 1, 2012 - All other countries: December 1, 2022 --- **Employment-Based Dates for Filing for January 2025:** - - EB-1 - China: January 1, 2023 - India: April 15, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) - EB-2 - China: October 1, 2020 - India: January 1, 2013 - All other countries: August 1, 2023 - EB-3 - China: November 15, 2020 - India: June 8, 2013 - All other countries: March 01, 2023 For more details, please visit the State Department’s[January 2025 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-january-2025.html). --- ## Temporary Pause on Corporate Transparency Act Enforcement URL: https://yuanhelaw.com/temporary-pause-on-corporate-transparency-act-enforcement/ Type: post Published: 2024-12-13T16:04:52+00:00 Modified: 2025-03-03T20:06:32+00:00 Categories: Business Law Updates, Corporate Transparency Act, Federal Regulations, Legal Compliance Tags: Beneficial Ownership Information (BOI), Business Compliance, Corporate Transparency Act We wanted to share an important update about the Corporate Transparency Act (CTA) and its potential impact on businesses across the United States. On December 3rd, 2024, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction halting the enforcement of the CTA and its Beneficial Ownership Information (BOI) reporting requirements. This pause provides businesses with temporary relief but also raises critical questions about what comes next. **What is the Corporate Transparency Act?** The CTA, enacted in 2021 as part of the Anti-Money Laundering Act, requires corporations, LLCs, and similar entities to report detailed information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). This includes: - Full legal names - Dates of birth - Residential or business addresses - Identification numbers (e.g., from passports or driver’s licenses) Non-compliance could lead to penalties, including fines up to $10,000 or imprisonment for up to two years. **What the Court Ruled** The court issued the injunction over several concerns: - **Federal Overreach**: The CTA introduces regulations traditionally governed by state law, raising concerns about the balance of federal and state authority. - **Privacy Concerns**: The requirement to disclose sensitive personal data, such as identification numbers and residential addresses, has been criticized as a potential violation of Fourth Amendment protections. - **Impact on Small Businesses**: The compliance costs and administrative burden fall heavily on small and medium-sized businesses, which may lack the resources to meet the reporting requirements effectively. While the CTA remains intact, enforcement is temporarily paused while the case proceeds through the judicial system. **What the Corporate Transparency Act Ruling Means for Your Business** For now, businesses classified as “reporting companies” are not mandatorily required to submit BOI reports to FinCEN before the filing deadline until further actions are required. Business should: 1. **Stay Informed:** The government may appeal this decision, and the injunction could be lifted. 1. **Prepare for Compliance:** Use this time to identify beneficial owners and gather necessary documentation in case reporting requirements resume. 1. **Consult with Legal Counsel:** If you're unsure whether your business is impacted, we can help clarify your responsibilities and any applicable exemptions. **What’s Next?** The federal government is expected to appeal the ruling, and the case may ultimately reach the U.S. Supreme Court. This means the legal status of the CTA could change again in the near future. **How We Can Help** We’re keeping a close eye on this evolving situation and are here to help you navigate the uncertainty. Whether you need clarity on your business’s classification or assistance preparing for potential compliance, don’t hesitate to reach out. Email: [contact@yuanhelaw.com](mailto:contact@yuanhelaw.com) Phone: **212-679-9700**Contact Us: [Website](https://yuanhelaw.com/) --- ## Urgent: Calling All Business Owners – Corporate Transparency Act (CTA) BOI Filling Deadline Approaching URL: https://yuanhelaw.com/urgent-calling-all-business-owners-corporate-transparency-act-cta-boi-filling-deadline-approaching/ Type: post Published: 2024-12-03T18:35:25+00:00 Modified: 2025-03-17T20:39:29+00:00 Categories: Uncategorized The deadline to file your Beneficial Ownership Information (BOI) report under the Corporate Transparency Act (CTA) is rapidly approaching. Effective January 1, 2024, this federal mandate applies to most U.S. companies and represents a pivotal measure to enhance financial transparency and combat financial crimes such as money laundering and tax evasion. If your company has not yet completed its filing, ****the final date to comply is December 31, 2024.**** --- ### **Filing Requirements Overview** --- **Who Must File the Corporate Transparency Act BOI Report?** - **Required:**Most U.S.-based corporations, LLCs, and foreign entities registered to do business in the United States. - **Exempt:** Certain large or regulated entities, including publicly traded companies and certain nonprofit organizations. **What Information Must Be Reported?** 1. **Beneficial Owners** - Individuals owning 25% or more of the entity. - Those with substantial decision-making authority, such as executives. 1. **Company Applicants** (for entities formed after January 1, 2024): - Individuals who filed or were responsible for registering the entity. 1. **Information to Provide:** - Full name, date of birth, residential address, and a valid government-issued ID. **Key Deadlines for Corporate Transparency Act BOI Compliance** - **Entities Formed Before 2024:** File by **January 1, 2025***.* - **Entities Formed in 2024:** File within **90 days**of formation. - **Entities Formed After January 1, 2025:** File within **30 days** of formation. **Penalties for Non-Compliance** - - **Civil Penalties**: $500 per day for late or inaccurate filings. - **Criminal Penalties:** Fines up to $10,000 or imprisonment for up to two years for willful violations. **Why This Matters** Failure to comply may result in significant fines, reputational harm, and operational disruptions. Filing is not merely a legal obligation—it is essential to protecting your business. --- **Act Now to Ensure Compliance** With the January 1, 2025 deadline approaching, it’s crucial to take action now. Safeguard your business, avoid penalties, and maintain peace of mind. If you would like to discuss this information further or need assistance with the filing, please contact the attorney responsible for your account, or reach us through the following methods: **Email:**[contact@yuanhelaw.com](mailto:contact@yuanhelaw.com) **Phone:**212-679-9700 For more information in Chinese, [please visit here.](https://mp.weixin.qq.com/s/q_dmJRxtcCg-ZFtptLRF4A) --- ## December 2024 Visa Bulletin Update URL: https://yuanhelaw.com/december-2024-visa-bulletin-update/ Type: post Published: 2024-11-25T22:54:19+00:00 Modified: 2025-02-28T21:25:24+00:00 Categories: Visa Bulletin Updates **Quick Recap** • Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding Dates for Filing listed in the State Department’s December 2024 Visa Bulletin. • In December, the Final Action Dates and Dates of Filing of all employment-based categories for most countries, including China, will remain the same as November. • In December, the Final Action Dates and Dates of Filing of all family-based categories for all countries will remain the same as November. --- **Employment-Based Final Action Dates for December 2024:** - - **EB-1** -  China: November 8, 2022 -  India: February 1, 2022 -  All other countries: Current (applications may be filed regardless of the applicant’s priority date.) -   - **EB-2** - China: March 22, 2020 - India: August 1, 2012 - All other countries: March 15, 2023 - **EB-3** - China: April 1, 2020 - India: November 8, 2012 - All other countries: November 15, 2022 --- **Employment-Based Dates for Filing for November 2024:** To be eligible to file an employment-based AOS application in December, foreign nationals must have an I-140 priority date that is earlier than the Dates for Filing listed below for their preference category and country: - - **EB-1** - China: January 1, 2023 - India: April 15, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) -   - **EB-2** - China: October 1, 2020 - India: January 1, 2013 - All other countries: August 1, 2023 -   - **EB-3** - China: November 15, 2020 - India: June 8, 2013 - All other countries: March 01, 2023 For more details, please visit the State Department’s [December 2024 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-december-2024.html). **** --- ## Super Lawyers 2024: Legal Excellence in Business and Corporate, Real Estate, and Immigration Law URL: https://yuanhelaw.com/super-lawyers-2024-legal-excellence-in-business-and-corporate-real-estate-and-immigration-law/ Type: post Published: 2024-10-24T19:59:17+00:00 Modified: 2025-03-03T20:49:39+00:00 Categories: Uncategorized Dear Valued Clients and Partners, We are excited to announce that **Super Lawyers** has once again recognized *Jun Wang & Associates, P.C.* for Super Lawyers 2024, showcasing our continued excellence in real estate, business and corporate law, and business immigration. This recognition marks another year of distinction, reinforcing our commitment to providing exceptional legal services to a diverse clientele, including global corporations, high-net-worth individuals, small businesses, entrepreneurs, and property owners. Super Lawyers has honored our managing partner, [**Karine K. Wang**](https://yuanhelaw.com/our-team/karine-k-wang-esq/), as a ***Top Rated Super Lawyer***for the second consecutive year, following her 2023 recognition. Her recognition as a**Top Rated Business and Corporate Attorney**in New York highlights her outstanding qualifications and unwavering dedication to excellence in the legal profession. Super Lawyers'*New York Metro Top Women 2024* list has featured her, recognizing her exceptional achievements. [**Yan Fu**](https://yuanhelaw.com/our-team/yan-fu-esq/), a partner specializing in real estate law, has once again earned the ***Rising Star*** title for 2024, continuing her streak of accolades since 2021. Super Lawyers has recognized her as a **Top Rated Real Estate Attorney**, and major projects such as Brooklyn Point, 25 Broad Street-The Broad Exchange Building, and Tangram South have appointed her as the preferred Purchaser Attorney. [**Zhirong (Archie) Liu**](https://yuanhelaw.com/our-team/zhirong-archie-liu-esq/), also a partner at the firm, focuses his practice on corporate/business law, business immigration, and intellectual property. Mr. Liu has received the ***Rising Star***distinction from 2022 to 2024 and is recognized as a **Top Rated Immigration Attorney**in New York City, underscoring his commitment and skill in navigating complex legal challenges. These prestigious honors, given to the top 5% of attorneys nationwide, reflect our unwavering dedication to delivering outstanding legal services across a wide range of industries and clients. Be sure to look for us in *Westchester Magazine* this November!  #### Thank you for your continued trust and support. #### **Meet Our Attorneys:**To learn more about our award-winning attorneys, view their profiles [here](https://yuanhelaw.com/our-team/), or schedule a consultation [here](https://lawtap.com/us/law-firms/jun-wang-associates-p-c?appointmentType=7246&timezone=America%2FNew_York&desiredTimezone=America%2FNew_York). #### Best regards, Jun Wang & Associates, P.C. --- ## October 2024 Visa Bulletin Update URL: https://yuanhelaw.com/october-2024-visa-bulletin-update/ Type: post Published: 2024-09-24T17:58:45+00:00 Modified: 2025-02-28T21:25:31+00:00 Categories: Visa Bulletin Updates ****Quick Recap**** - Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding **Dates for Filing**listed in the State Department’s October 2024 Visa Bulletin. - In October, the Final Action Dates for EB-3 will advance for most countries, except for China, which will retrogress by five months. - The Final Action Dates for China under EB-2 and EB-3 categories will see modest advancement. - There will be no advancement in the Final Action Dates for family-sponsored categories under China. --- **Employment-Based Final Action Dates for October 2024:****** - **EB-1** - China: November 8, 2022 - India: February 1, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) - **EB-2** - China: March 22, 2020 - India: July 15, 2012 - All other countries: March 15, 2023 - **EB-3** - China: April 1, 2020  - India: November 1, 2012  - All other countries: November 15, 2022 **** Employment-Based Dates for Filing for October 2024: To be eligible to file an employment-based AOS application in October, foreign nationals must have an I-140 priority date that is earlier than the Dates for Filing listed below for their preference category and country: - **EB-1** - China: January 1, 2023 - India: April 15, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) - **EB-2** - China: October 1, 2020 - India: January 1, 2013 - All other countries: August 1, 2023 - **EB-3** - China: November 15, 2020   - India: June 8, 2013  - All other countries: March 01, 2023 For more details, please visit the State Department’s [October 2024 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-october-2024.html). --- ## September 2024 Visa Bulletin Update URL: https://yuanhelaw.com/september-2024-visa-bulletin-update/ Type: post Published: 2024-08-26T15:42:52+00:00 Modified: 2025-02-28T21:25:39+00:00 Categories: Visa Bulletin Updates ****Quick Recap **** - Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding **Final Action Dates** listed in the State Department’s September 2024 Visa Bulletin. - In September, the Final Action dates for EB-3 will retrogress by one year for most countries, except for China and India. - All employment-based Final Action dates under China will remain unchanged. - There will be no advancement for any Family-Sponsored categories in September. **Employment-Based Final Action Dates for September 2024** To be eligible to file an employment-based AOS application in September, foreign nationals must have an I-140 priority date that is earlier than the date listed below for their preference category and country: - **EB-1** - China: November 1, 2022 - India: February 1, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) - **EB-2** - China: March 1, 2020 - India: July 15, 2012 - All other countries: March 15, 2023 - **EB-3** - China: September 1, 2020   - India: October 22, 2012  - All other countries: December 01, 2020 For more details, please visit the State Department’s [September 2024 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-september-2024.html). --- ## FY 2025 H-1B Cap Registrations | Second Random Selection URL: https://yuanhelaw.com/fy-2025-h-1b-cap-registrations-second-random-selection/ Type: post Published: 2024-07-30T19:32:15+00:00 Modified: 2024-07-30T19:37:04+00:00 Categories: Uncategorized In March, USCIS conducted an initial random selection of properly submitted electronic registrations for the fiscal year 2025 H-1B cap, including those eligible for the advanced degree exemption. Petitioners with selected registrations were eligible to file H-1B cap-subject petitions from April 1 to June 30, 2024. However, additional registrations need to be selected to meet the FY 2025 regular cap numerical allocation. USCIS will soon conduct a second random selection from the previously submitted registrations and notify the selected petitioners. This second selection will include those eligible for both the master’s and regular caps, but no additional selection for the advanced degree exemption will be conducted. Selected petitioners will receive updated selection notices in their USCIS online accounts with filing details. For more details, please visit the State Department’s [H1-B Cap Registrations](https://www.uscis.gov/newsroom/alerts/uscis-will-conduct-second-random-selection-for-regular-cap-from-previously-submitted-fy-2025-h-1b) --- ## August 2024 Visa Bulletin Update URL: https://yuanhelaw.com/august-2024-visa-bulletin-update/ Type: post Published: 2024-07-24T17:51:43+00:00 Modified: 2025-02-28T21:25:46+00:00 Categories: Visa Bulletin Updates **Quick Recap** - Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding **Final Action Dates** listed in the State Department’s August 2024 Visa Bulletin. - In August, the Final Action dates for all employment-based categories will remain the same except for India's EB-2 and EB-3. - In August, the Dates For Filing for the Family-Sponsored **F2A category** will advance significantly across all countries, moving forward by nearly seven and a half months to June 15, 2024. Foreign nationals with I-130 priority dates in the F2A category on or before June 15, 2024, will be eligible to file a family-based AOS application in August 2024. **Employment-Based Final Action Dates for August 2024** To be eligible to file an employment-based AOS application in August, foreign nationals must have an I-140 priority date that is earlier than the date listed below for their preference category and country: - **EB-1** - China: November 1, 2022 - India: February 1, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date.) - **EB-2** - China: March 1, 2020 - India: July 15, 2012 - All other countries: March 15, 2023 - **EB-3** - China: September 1, 2020   - India: October 22, 2012  - All other countries: December 01, 2021 For more details, please visit the State Department’s [August 2024 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-august-2024.html) --- ## July 2024 Visa Bulletin Update URL: https://yuanhelaw.com/july-2024-visa-bulletin-update/ Type: post Published: 2024-06-28T19:22:18+00:00 Modified: 2025-02-28T21:25:55+00:00 Categories: Visa Bulletin Updates **Quick Recap** - Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding **Final Action Dates** listed in the State Department’s July 2024 Visa Bulletin. - In July, there will be slight advancement in most employment-based categories. - The Final Action date for China EB-1 will advance by two months; China EB-2 will advance by one month; and China EB-3 will remain the same. - Due to continued high demand, the Final Action date for EB-3 in all countries, except China and India, will retrogress by almost one year. The State Department notes that it is likely that the Final Action date under EB-3 will further retrogress or become "unavailable" in August. **Employment-Based Final Action Dates for July 2024** To be eligible to file an employment-based AOS application in July, foreign nationals must have an I-140 priority date that is earlier than the date listed below for their preference category and country: - **EB-1** - China: November 1, 2022 - India: February 1, 2022 - All other countries: Current (applications may be filed regardless of the applicant’s priority date) - **EB-2** - China: March 1, 2020 - India: June 15, 2012 - All other countries: March 15, 2023 - **EB-3** - China: September 1, 2020   - India: September 22, 2012  - All other countries: December 01, 2021 For more details, please visit the State Department’s [July 2024 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-july-2024.html). --- ## January 2024 Visa Bulletin Update URL: https://yuanhelaw.com/january-2024-visa-bulletin-update/ Type: post Published: 2023-12-27T21:21:47+00:00 Modified: 2025-02-28T21:26:03+00:00 Categories: Visa Bulletin Updates Quick Recap  - Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department's January Visa Bulletin. - To be eligible to file an employment-based adjustment application in January, foreign national must have a priority date that is earlier than the date listed below for their preference category and country: - **EB-1** - China: January 1, 2023 - India: January 1, 2021 - All other countries: Current - **EB-2** - China: June 1, 2020* - India: May 15, 2012 - All other countries: February 15, 2023 - *Note: The State Department website erroneously repeats last month's date of January 1, 2020 for this category, and the error is repeated on the USCIS website. However, the Official January Visa Bulletin, which is understood to be the most accurate source, lists a June 1, 2020 date.  - **EB-3** - China: June 1, 2017 - India: August 1, 2012 - Philippines: May 15, 2020 - All other countries: December 15, 2020 - **EB-4** - All countries: September 1, 2019 - **EB-5 Unreserved** - China: January 1, 2017 - India: April 1, 2022 - All other countries: Current - **EB-5 Set-Asides** - Rural: Current for all countries - High Unemployment: Current for all countries - Infrastructure: Current for all countries --- ## October Visa Bulletin – Modest Advancement for China URL: https://yuanhelaw.com/october-visa-bulletin-modest-advancement-for-china/ Type: post Published: 2023-09-21T19:59:33+00:00 Modified: 2025-04-29T20:00:37+00:00 Categories: Uncategorized **Quick Recap** - In October, the EB-1 Final Action Date will advance two weeks for China to February 15, 2022, while the EB-1 category for all other countries will become current again (with the exception of India, which is January 1, 2017).  - The EB-2 Final Action Date for China will advance nearly three months, to October 1, 2019. For all other countries except India (which is January 1, 2012), it will advance by one week to July 8, 2022. - The EB-3 Professional/Skilled Worker Final Action Date will advance by four months for China, to January 1, 2020, and by nineteen months for all other countries (with the exception of India, which is May 1, 2012). - EB-5 Unreserved Final Action Dates will advance by three weeks for China. - In October, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department's October 2023 Visa Bulletin. For more details please visit the State Department's [October Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-october-2023.html). --- ## Effective immediately: All visitors are required to provide proof of COVID-19 vaccination URL: https://yuanhelaw.com/effective-immediately-all-visitors-are-required-to-provide-proof-of-covid-19-vaccination/ Type: post Published: 2021-12-16T16:22:11+00:00 Modified: 2021-12-16T16:22:11+00:00 Categories: Uncategorized ![](https://yuanhelaw.com/wp-content/uploads/2021/12/unnamed.png) | Effective immediately and pursuant to New York Governor Hochul’s mandate, our office will require all visitors (12 years of age or older*) to show proof of full vaccination prior to entry. In accordance with CDC’s definition, fully vaccinated is defined as 14 days past an individual’s last vaccination dose in their initial vaccine series. We accept [Excelsior Pass, Excelsior Pass Plus](https://junwanglaw.us19.list-manage.com/track/click?u=916b016b588b2cb1cfc35fb2c&id=e835d270fe&e=18502da04c), SMART Health Cards issued outside of New York State, full-course vaccination through [NYC COVID Safe app](https://junwanglaw.us19.list-manage.com/track/click?u=916b016b588b2cb1cfc35fb2c&id=d4c899afac&e=18502da04c), a CDC Vaccination Card, or other official immunization record. This mandate is scheduled to be reassessed on January 15, 2022. Thank you for your understanding and cooperation. | | --- | | ** Vaccines for children ages 5 – 11 have only been available since November 2021. Therefore, children ages 5 – 11 only have to show proof of having had at least one dose of the COVID-19 vaccination.* | --- ## 2020 Retrospect of Jun Wang & Associates, P.C. – Honor URL: https://yuanhelaw.com/jun-wang-associates-p-c-wins-2020-international-advisory-experts-award/ Type: post Published: 2020-11-16T10:39:11+00:00 Modified: 2022-05-07T02:07:26+00:00 Categories: Uncategorized **![](https://yuanhelaw.com/cn/wp-content/uploads/2020/11/AIOLA.png) ![](https://yuanhelaw.com/cn/wp-content/uploads/2020/11/unnamed-1.png)   ![](https://yuanhelaw.com/cn/wp-content/uploads/2020/11/2020-New-York-Metro-Super-Lawyers-Rising-Stars.png)** **![](https://yuanhelaw.com/cn/wp-content/uploads/2020/11/2020-High-Resolution-IAE-Award-Logo-1.png)** ![](https://yuanhelaw.com/wp-content/uploads/2020/11/unnamed.png) **The American Institute of Legal Advocates (AIOLA)** is an organization committed to advocating for lawyers with the highest legal standards in each state. After reviewing their works, peers' recommendations, and without ethical concerns from their local licensing authority. Less than 1% of all lawyers will be invited to be a member of AIOLA. In this regard, Jun Wang, Esq not only meets these criteria, but also rewarded as one of the top legal advocates in Real Estate Law." **Lawyers of Distinction members** are selected after review and a vetting process. An attorney can be only recognized as a leading Lawyer in their respective field through both objective and subjective factors. Jun Wang,Esq wins top 10% in USA lawyers in Real Estate for 2018,2019 and 2020. **2020 New York Metro Rising Stars** **list** is a reward for those outstanding lawyers by Super Lawyers. Each year, the Super Lawyers recognizes the top lawyers in the New York metropolitan area through peer nomination and independent research. New York Metro Rising Stars must be younger than 40 years old or have been practicing for less than 10 years. Only 2.5% of lawyers in the New York Metro area receive this distinction.Xiaozhu(Grace) Zhao, Esq has been selected into the 2020 New York Metro Rising Stars list. **The International Advisory Experts** is a global alliance of well-established and experienced legal, financial and consulting firms that are committed to providing clients with professional solutions for their international business requirements. Each year they select firms who success in receiving exceptional praise from their clients and peers over the last 12 months.Jun Wang, Esq and Xiaozhu(Grace) Zhao, Esq both win 2020 International Advisory Experts Award. **Marquis Who's Who** started in 1898 and has remained a reliable and comprehensive biographical database. Individuals profiled are selected on the basis of current reference value. Factors such as position, noteworthy accomplishments, visibility, and prominence in relevant fields are all taken into account during the selection process.Jun Wang, Esq has been included in Marquis Who's Who. The New York Real Estate Market has met huge setbacks since the pandemic broke out all over the world, Due to various challenges including the economy recession, government offices' closure as well as the suspension of cross-border exchanges, the regular legal business has been disrupted. Under such circumstances, the Jun Wang & Associate P.C rises up to difficulties with confidence and diligence, and accomplishes many achievements in our endeavor. Among those achievements, the Jun Wang & Associates P.C is very pleased and honored to be listed as the No.34 in the Annual New York Real Estate Trader Ranking, released by the most credible media **The Real Deal**.**** --- ## Commercial Real Estate URL: https://yuanhelaw.com/practice/commercial-real-estate/ Type: practice Published: 2019-05-30T15:21:43+00:00 Modified: 2019-05-30T15:21:43+00:00 Commercial Real Estate (CRE) is income-producing property used solely for business (rather than residential) purposes. Examples include rental buildings, retail malls, shopping centers, office buildings and complexes, and hotels. CRE is also including the acquisition, development and construction of the land and building project. During the commercial real estate transaction, the professional assistant from experienced and reliable attorneys is incredible important. For example when you purchase a rental building in the New York City, while you are signing the purchase agreement, you shall make sure that you have the due diligence contingency clause in the purchase agreement so that you will have sufficient time and opportunity to conduct due diligence search in order to protect your investment. The due diligence search briefly includes the following parts: 1. Environmental assessment. Since lots of the land in New York City was used as chemical factory, gas station, and industrial space in the 19th -20th century, there is a possibility that the demised land is contaminated by oil or other chemical material. Therefore, it is important for the purchaser to conduct the environmental site assessment and have the assessment report reviewed by both environmental engineer and attorneys during due diligence period. In case the demised land is contaminated, the purchaser’s attorney will provide reasonable solutions to the purchaser, further negotiate with seller and protect purchaser not to suffer from unnecessary loss or potential lawsuit. 1. Lease and rent roll review. In the event purchasing a rental building, reviewing lease and rental roll is critical to the purchaser. In New York City, most of the rental buildings are governed under tenant protection rules and regulations such as rent control or rent stabilization. Therefore, reviewing the lease and related documents to see if the seller is complying with the said rules and regulations and investigating if the building is properly registered under the same are vital.  Without the professional legal help, the purchaser may ends up with high-amount unpaid fees and penalties or being assigned with illegal lease after the closing of transaction, which is not desirable for any investor. Besides the said rent control and rent stabilization rules and regulations, there are other landlord-tenants issues which shall be studied by the purchaser’s attorney and disclose to purchaser during the due diligence period in order to protect the purchaser and his/her investment. 1. Title search. Title search is equally crucial to the purchaser. Since the land title chain transfer and its documents are numerous and complicated in New York City, purchaser attorney’s study of title report is essential in order to disclose all defects of the land title and provide the feasible solution to purchaser to complete the transaction. The title defects are including but not limited to, defected ownership of seller, easements limits the rights of the land owner, covenants impact the use of the land, unpaid mortgage and judgment of seller/interested parties, claims from the creditors, etc. Also, the title report will disclose relevant violations in the government records, so that the purchaser may avoid unnecessary monetary losses by correcting the same before the closing of transaction. The above is a short summary of the due diligence search in the rental building purchase in New York City. The content of the due diligence search in commercial real estate is far more than stated above and maybe varied from case to case. For example, if you are going to purchase a hotel, its due diligence search is very different from stated above. In every instant, the professional assistant from an experienced attorney is very necessary and important to protect the investment. We urge you to seek professional help when you decide to make a valuable investment. Another area, which you can gain huge help from an experienced attorney, is when you seek for financing in the commercial real estate transaction. Just as with home mortgages, banks and independent lenders are actively involved in making loans on commercial real estate. Also, insurance companies, pension funds, private investors and other sources, including the U.S. Small Business Administration’s 504 Loan program, provide capital for commercial real estate. An experienced attorney will help you to choose the correct formality to obtain the loan, negotiate with the lender for better offer, comply with the lender’s requirement, and corporate with the lender at closing while you are financing for your investment. Not only you will have a smooth transaction, but also you will save a lot of time and money by retaining an experienced and reliable attorney. There are lots of other legal aspects of CRE transactions are not covered in this short article. However, as far as you can tell, CRE transactions are complicated and sophisticated so the professional legal help is defiantly a must. --- ## Internal Revenue Code section 1031 exchange URL: https://yuanhelaw.com/practice/exchange/ Type: practice Published: 2019-05-30T15:13:34+00:00 Modified: 2019-05-30T15:27:25+00:00 Section 1031 of the Internal Revenue Code and the deferred exchange regulations allow a seller of real estate to defer the federal gain on the sale of real property held for business use or for an investment if: 1. The property is used in a trade or business or held for investment, 1. The property is exchanged for like-kind property, and 1. Certain time frames for identification and acquisition of the replacement property are met. In most cases, a 1031 exchange proceeds as relinquished property is first sold, then the replacement property is purchased. The IRS has also determined that the reverse sequence also will avoid capital gains taxes, provided certain requirements are met. This is called a "reverse 1031". In a reverse 1031 exchange, the taxpayer first buys the replacement property then sells the relinquished property. To take maximum advantage of this opportunity, you will need the help from many professionals, such as a CPA, a Qualified Intermediary, aka escrow agent, and definitely an experienced attorney.   All kinds of 1031 exchange shall be well planned far away from beginning of the transaction.  Since there are limitations on the timeline of the transaction, the value of the replacement property, the person/entity shall handle the sales proceeds and hold the property title, etc, you will need an experienced attorney to carefully explain and instructed you with the laws and rules of 1031 exchange. Also, there definitely shall be specified language in the purchase agreement in order to protect the interest of the taxpayer. Therefore, retaining an experience attorney is very important. 1031 exchange is not only simply involving the deferral of the capital gain tax payment to make your next investment bigger, it also can be combined with estate planning to save more tax. One of the major benefits of participating in a 1031 exchange is that you can take that tax deferment with you to the grave. If your heirs inherit property received through a 1031 exchange, its value is “stepped up” to fair market, which wipes out the tax deferment debt. This means that if you die without having sold the property obtained through a 1031 exchange, the heirs receive it at the stepped up market rate value, and all deferred taxes are erased. An experienced attorney should be consulted in order to make your estate planning and 1031 exchange combined successfully. Jun Wang and Associates, P.C. has extended experience on all kinds of 1031. --- ## Bank Closing URL: https://yuanhelaw.com/practice/bank-closing/ Type: practice Published: 2019-02-27T20:51:49+00:00 Modified: 2022-04-14T14:47:25+00:00 We work closely with institutional banks and private mortgage lenders for closing financing as well as refinance transactions. The firm has been recently selected by one of the major international banks as its preferred attorney firm, for the expanding foreign national mortgage program.  Additionally, the firm has been approved to represent the following on mortgage and loan closings: ![](https://yuanhelaw.com/wp-content/uploads/2019/02/download-2.png) ![Bank Of America Logo Colors - HTML Hex, RGB and CMYK Color Codes](https://brandpalettes.com/wp-content/uploads/2021/06/bank-of-america-color-codes.svg) ![](https://yuanhelaw.com/wp-content/uploads/2019/02/gh-logo.png) ![](https://yuanhelaw.com/wp-content/uploads/2019/02/loandepot-logo-color.png) ![](https://yuanhelaw.com/wp-content/uploads/2019/03/East_West_Bank.png)![Citizens Bank](https://logos-world.net/wp-content/uploads/2021/08/Citizens-Bank-Logo.png)![](https://yuanhelaw.com/wp-content/uploads/2019/02/BOFNE.png) ![CrossCountry Mortgage, LLC. Careers](http://careers.jobvite.com/ccm/ccm-logo.png) ![PT. ALTO Network](https://alto.co.id/storage/members/R9aBsYL4EgeNYvFcfm8UFBERbxXT4P3T92uZFjAs.png) ![International Bank of Chicago](https://www.inbk.com/assets/img/inbk-logo.svg) --- ## Purchase Money Mortgage/Private Financing Agreements URL: https://yuanhelaw.com/practice/purchase-money-mortgage-private-financing-agreements/ Type: practice Published: 2019-02-27T17:30:10+00:00 Modified: 2019-02-27T17:31:04+00:00 Due to bad credit history, long-time and high-costs and bank financing or complicated application procedure, some homeowners are unable or unwilling to secure a conventional mortgage from a bank, instead, they choose to finance the home from a third party private lender or seller. When a buyer uses a purchase-money mortgage, the seller extends financing to the buyer. The buyer then repays the seller according to the agreed upon terms.  Likewise, if the lender is a third party, we call it private financing.  The buyer can combine this private mortgage with a bank mortgage and cash down payment.  Interest rates associated with private mortgages tend to be higher than those associated with traditional mortgage loans. However, it’s upon both parties’ flexible mutual agreements.  Regardless of how the financing is secured, we always suggest lenders with UCC filings and request debtor pay for recording tax and title insurance, just like a conventional mortgage. This is to ensure the public notice and easy enforcement, to lower default risk. --- ## Condominium and Cooperative Board and Management Representation URL: https://yuanhelaw.com/practice/condominium-and-cooperative-board-and-management-representation/ Type: practice Published: 2019-02-27T16:58:25+00:00 Modified: 2019-02-27T17:28:53+00:00 New York Building and their management offices, as well as other parties in real estate industry, are required to be represented by lawyer for closings and daily documents work. Our services include board’s general counsel, by-law, house rule and other types of document review, third-party contracts, voting regulations and board meeting presentation, and regulatory issues. The firm currently acts as general counsel to numerous cooperative and condominium boards, and investment owners of large number of shares or units. --- ## AIA and Construction Contracts URL: https://yuanhelaw.com/practice/aia-and-construction-contracts/ Type: practice Published: 2019-02-27T16:57:22+00:00 Modified: 2019-02-27T21:23:34+00:00 It is a popular misconception, especially true among the professionals, that standard form, contracts may not need to be reviewed by an attorney. This is common among real estate companies, institutional landlords, architectural or construction firms. For reasons set forth below, we highly recommend architectural and construction firms (or the clients who retain such), utilizing standard form such as an American Institute of Architects (AIA) contract to consider a contract review with an experienced attorney. This is because sometimes the forms may *appear* to be standard, but the drafter may have modified, deleted or added clauses that are not originally in the standard form. Only a careful review by an attorney experienced in this field will be able to spot these subtleties and makes suggestions favorable to the client. Incidentally, construction projects have the propensity to develop issues such as schedule delays, cost issues and payment disputes. Although usage of AIA contracts is popular, it is crucial that you receive legal advice on how to tailor the contract to fit your unique project needs. By pooling the knowledge of our attorneys from various practice areas, such as real estate, general corporate and general counsel teams, we can collectively ensure your contract covers provisions that will protect you and minimize your exposure to liabilities. Some of the most important provisions to be mindful include indemnity, consequential damages, limitation of liability, and costs reimbursement, owner financing, and something trending points : applied industrial art copy right, also called deign copyright. --- ## Auction and Real Estate owned by Bank (R.E.O.) Closings URL: https://yuanhelaw.com/practice/auction-and-real-estate-owned-by-bank-r-e-o-closings/ Type: practice Published: 2019-02-27T16:50:16+00:00 Modified: 2019-02-27T16:56:37+00:00 The nature of Auction and R.E.O, closings leave attorneys with very little space for negotiation. However, at the same time, calls for intensive  due  diligence before the contract is fully executed. In some cases, the due diligence is required even before signing a binder, with immediate payment of the deposit, which is also common in practice.  We are capable of providing clients a due diligent report within 24 hours, rendering legal advice on potential title defects, and go through a sample short sale contact which can provide first time buyers a basic understanding of the potential risk and key term alerts when they sign the paper on Auction day. --- ## Short Sale Negotiation and Closings URL: https://yuanhelaw.com/practice/short-sale-negotiation-and-closings/ Type: practice Published: 2019-02-27T16:30:22+00:00 Modified: 2019-02-27T16:35:14+00:00 Short sales are intended to prevent a home from going into foreclosure. With more than a decade of  representing both sellers and purchasers, thus gaining an unique perspective, as well as experience from both end, especially thru the 2008-2009 financial crisis, we understand more than ever, a strong, collaborative working relationship must be built among all professionals to make this type of deals close. A short sale negotiated by an attorney can save seller and lender time and money. Bank will only allow a short sale if they believe it will result in a financial loss smaller than foreclosing. Our firm is especially well versed in this type of deal, since we have closed hundreds of deals in subprime crisis, thus achieving faster and less expensive results for banks, and saved home owners’ credit by avoiding the undesirable foreclosures. --- ## Lease Review URL: https://yuanhelaw.com/practice/lease-review/ Type: practice Published: 2019-02-26T16:15:34+00:00 Modified: 2019-02-26T16:18:04+00:00 Leasing has become increasingly complex in Greater New York City area. Though with the advancement in technology, more and more people tend to just visit a “sample lease” website and pay a small fee to generate and download the form to use.  Most of the time no one (either side of the signor) will even bother to read the entire lease before signing. Simple and cheap, right? This is true until a dispute arises (i.e., one party wants to terminate the lease sooner or rent has not been paid for an extended period).  Because the lease was a “standard” or “sample” lease, many key terms could be missing or even worse, it is not even for the right State, thus making it very difficult to enforce if there is a breach of contract. A lease is a business contract, there are a lot of crucial terms that are usually obscured in dense legalese. Considering the hefty costs associated with most real estate investments, no matter it’s a rental apartment or a commercial office space, from a legal perspective, prospective lessees and lessors benefit greatly from proper legal counsel. Our attorneys are trained to spot these terms and can isolate and has them out so they either favor your or do not favor the opposite party too much. More importantly, an experienced attorney can anticipate potential issues that will need to be provided for in the lease. For instance, it may be necessary to work a dispute resolution structure into the leas so that you can avoid a lot of stress and wasted energy when disputes arise.  This is especially true for commercial lease. The business tenant tries to get by with a minimum of legal assistance, bringing in a lawyer after the lease has been pretty well negotiated and the landlord has prepared a lease to be signed. At this point, many commitments have been made already – some perhaps unwisely. While a lawyer can help by trying to reopen the important issues, it is an inefficient way to proceed. Bringing in your lawyer before you wrestle with the Landlord over concessions and expenses gives you the benefits of professional expertise from the start, especially if you are new at this game. Considering a long-term lease, paying top dollar for the space, facing complicated issues, or up against a stubborn or sophisticated landlord, you should consider having your lawyer do more for you. For each lease review representation, we will provide clients with a customized memorandum of major terms and concerns, negotiate for early termination terms or option of lease assignment, and assist the lease execution preparation, such as financial statement, business qualification documents, good-guy or personal guarantee review and the payment delivery. The legal service should include, not only the review of standard lease, but also ensure the clients understand the risk of lease default and the key terms which are normally not aware by out of town, or oversea clients. --- ## Residential Real Estate Transactions URL: https://yuanhelaw.com/practice/residential-real-estate-transactions/ Type: practice Published: 2019-02-26T16:03:21+00:00 Modified: 2019-02-26T16:03:21+00:00 We represent residential transactions involve condominiums, cooperatives, single and multi-family houses throughout the Greater New York City area .  With offices located in prime areas such as midtown Manhattan and Queens, our attorneys is able to promptly handle deals in both New York and New Jersey. New York is one of the states that has the most complex real estate laws and local regulations in the country” .  As such, a licensed attorney is a must for each party in a real estate transaction. Moreover, the licensed attorney may have to work with other professionals such as Loan Officer, Building Mangers, Pay-off Attorney, Title underwriter, etc. and be responsible for negotiating with the client’s best interest in mind. Last but not least, to also be mindful to keep each deal move forward ensuring a smooth closing. The due diligence document review takes time, especially working with luxury Manhattan buildings and the Board application itself may request attorney’s participation in an efficient and diligently method.     --- ## USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions URL: https://yuanhelaw.com/uscis-resumes-premium-processing-for-fiscal-year-2019-h-1b-cap-petitions/ Type: post Published: 2019-01-25T21:56:11+00:00 Modified: 2019-01-25T21:59:26+00:00 Categories: Uncategorized USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit. The previously announced temporary suspension of premium processing remains in effect for all other categories of H-1B petitions to which it applied. We plan to resume premium processing for the remaining categories of H‑1B petitions as agency workloads permit. Premium Processing Service provides expedited processing for certain employment-based petitions and applications. Specifically, USCIS guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service or USCIS will refund the Premium Processing Service fee. If the fee is refunded, the relating case will continue to receive expedited processing. The current filing fee for Premium Processing is $1,410. Premium Processing can be filed with either Company Check or Personal Check. Should you have further concern, please do not hesitate to contact your corresponding attorney. --- ## Transaction Related IP Services URL: https://yuanhelaw.com/practice/transaction-related-ip-services/ Type: practice Published: 2019-01-04T17:41:30+00:00 Modified: 2019-01-04T17:41:30+00:00 Yuanhe provides legal services and advices on IP related issues occurring in transactions of stock or assets and in the process of public listing. - IP Audit; - IP Due Diligence; - IP Stability Assessment; - IP Protective Measures Assessment; - IP Clauses Review in Transactions; - IP Operational Regulation to Prevent Potential Disputes; - IP Financing --- ## Intellectual Property Related Dispute Resolution URL: https://yuanhelaw.com/practice/intellectual-property-related-dispute-resolution/ Type: practice Published: 2019-01-04T17:37:43+00:00 Modified: 2019-01-04T17:37:43+00:00 The firm has been providing long-term legal services to well-known companies and talented actors on solving disputes in relation to intellectual property. Our clients come from industries of technology, entertainment, media and sports. We specializes in dealing with complicated intellectual property related issues and has handled a number of high-profile cases in relation to patent, trademark, copyright, anti-competition, antitrust and trade secrets, etc. With excellent expertise, reliable working manner and close team cooperation, in some cases the firm has helped the clients successful removing IP obstacles in the process of public listing, stopping unlawful disturbances and competitors' unfair competitions, and safeguarding client's due IP rights. We have made a few records for representing clients to obtain the highest damage awards in China in certain type of cases. --- ## China Trademark Services URL: https://yuanhelaw.com/practice/china-trademark-services/ Type: practice Published: 2019-01-04T17:29:39+00:00 Modified: 2019-01-04T17:29:39+00:00 Our trademark practice group offers many years of legal experience in areas of consultation, prosecution, enforcement protection, and management of trademarks. The group has crafted unique legal solutions for clients and has earned their trust especially in the cases of token-use registration, enforcement, litigation and alternative dispute resolution matters. - Advise on trademark identification, classification, registration and protection strategies in China; - Conduct trademark search, tracking, and investigation; - File applications for trademark registration and renewals, recording of transfer, licensing contracts and registration amendments; - File oppositions, review of refusals, invalidation and cancellations; - Obtain recognition and protection of well-known marks; - Management of family marks; - Provide legal services in trademark franchising and licensing; - Advise and handle trademark issues in processes of mergers and acquisitions --- ## China Patent Services URL: https://yuanhelaw.com/practice/china-patent-services/ Type: practice Published: 2019-01-04T17:14:10+00:00 Modified: 2019-01-04T17:19:30+00:00 We provide our clients a full range of patent, utility model and design related services with a strong and experienced team of patent lawyers and patent attorneys, in the fields of telecommunications, electronics, computer science, semiconductors, mechanics, medical science, biology and materials science. - Patent disputes, including: - Infringement lawsuits; - Administrative complaints; - Custom protection; - Patent search, monitoring and due diligence; - Patent prosecution; - Patent mining and mapping; - Patent licensing and transactions; - Patent portfolio management; - Patent related opinions and counseling --- ## Government Shutdown Impact on USCIS Processes URL: https://yuanhelaw.com/govshutdownimpact/ Type: post Published: 2019-01-03T18:50:28+00:00 Modified: 2025-03-12T16:12:23+00:00 Categories: Uncategorized The partial U.S. government shut down began on December 22, 2018 will last until Congress passes a funding bill and President Trump signs it. This partial shut down, however, will not affect the employment of “essential employees” (i.e. law enforcement), the “already funded” services and “fee based” services.   Most of immigration services fall under the later two categories, therefore will see limited impacts from this partial shutdown (i.e. all Premium Processing services) However, some USCIS programs operate based on appropriated funds, including E-Verify and EB-5 Immigrant Investor and Regional Central Program. These programs may be suspended or otherwise impacted by a shutdown. We will provide further updates about the impact of a shutdown on these particular programs following announcements by USCIS.   While visa processing at U.S. Consulates abroad is fee-based, the US State Department may see a slowdown or even cessation of these services due to backlogs created within the department until funding legislation is passed. Should you have further concern, please do not hesitate to contact your corresponding attorney.   --- ## H-3 URL: https://yuanhelaw.com/practice/h-3/ Type: practice Published: 2018-10-22T04:35:57+00:00 Modified: 2018-10-22T04:35:57+00:00 H-3 nonimmigrant visa category allows foreign nationals coming temporarily to the United States as either a: *• Trainee* to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country. *• Special Education Exchange Visitor* to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities. Regulations specifically prohibit the training program from being “designed primarily to provide productive employment.” However, some employment will be permitted if it is incidental and necessary to the training. An H-3 Trainee may be approved by the CIS to stay in the U.S for a period of up to two (2) years. The H-3 trainee CANNOT engage in productive employment unless such employment is incidental and necessary to the training. “Productive employment” has been found to occur in cases where (a) a substantial salary has been offered to the trainee, AND (b) a training program is long and repetitious which consists primarily of on-the-job-training. **Special Considerations of the H-3 Visa** The company proposing the training is required to demonstrate that: *•*The proposed training is unavailable in the alien’s own country; *•*The trainee will not be placed in a position in the normal operation of the business in which US citizens and permanent resident workers are regularly employed; *•*The trainee will not engage in productive employment unless such employment is incidental and necessary to the training; AND *•*The training will benefit the trainee in pursuing a career outside the United States. A training program CANNOT be approved if the program: *•*deals in generalities with no fixed schedule, objectives, or means of evaluation; *•*is incompatible with the nature of the company’s business or enterprise; *•*is on behalf of a trainee who already possesses substantial training and expertise in the proposed field of training; *•*is in a field in which it is unlikely that the knowledge or skill will be used outside the United States; *•*will result in productive employment beyond that which is incidental and necessary to the training- “productive employment” has been found to occur in cases where (a) a substantial salary has been offered to the trainee, AND (b) a training program is long and repetitious consisting primarily of on-the-job-training; *•*is designed to recruit and train aliens for the ultimate staffing of domestic operations in the U.S.; *•*does not establish that the petitioner has a physical plant and sufficiently trained personnel to provide the specified training; OR *•*is designed to extend the total allowable period of practical training previously authorized for a nonimmigrant student. **The “Six-Month Residence Outside the U.S” Rule** If an H-3 Trainee has spent two years in the United States as an H (including H-1B) or L nonimmigrant, he or she may NOT seek an extension, change status, or be readmitted to the U.S in an H or L status unless he or she has resided and been physically present outside the U.S. for the immediately prior six months. --- ## TN URL: https://yuanhelaw.com/practice/tn/ Type: practice Published: 2018-10-22T04:35:28+00:00 Modified: 2018-10-22T04:35:28+00:00 The visa category “Professionals Under the North American Free Trade Agreement” (also known as a TN Visa) is available only to citizens of Canada and Mexico, under the terms of the North American Free Trade Agreement (NAFTA). **Qualifications for a “TN” visa** Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if: •   You are a citizen of Canada or Mexico; •   Your profession qualifies under the regulations; •   The position in the United States requires a NAFTA professional; •   You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below); and •   You have the qualifications to practice in the profession in question. **Canadian Citizens** If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate. You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer: •   Proof of Canadian citizenship; •   Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and •   Credentials evaluation (if applicable), together with any applicable fees. **Mexican Citizens** If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico.  See the U.S. Department of State webpage, “Mexican and Canadian NAFTA Professional Worker.” Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.  Please refer to CBP’s website for additional information and requirements for applying for admission to the United States.  If a CBP officer finds you eligible for admission, then you will be admitted as a TN nonimmigrant. --- ## O-1 URL: https://yuanhelaw.com/practice/o-1/ Type: practice Published: 2018-10-22T04:35:03+00:00 Modified: 2018-10-22T04:35:03+00:00 The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The O nonimmigrant classification is commonly referred to as: **O-1A**: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry) **O-1B**: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry **O-2**: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1 **O-3**: individuals who are the spouse or children of O-1’s and O-2’s **General Eligibility Criteria** To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. **   •   O-1A:** **extraordinary ability in the sciences, education, business, or athletics** Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor. **   •   O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry** Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts. To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field. --- ## Blanket L Certification URL: https://yuanhelaw.com/practice/blanket-l-certification/ Type: practice Published: 2018-10-22T04:34:34+00:00 Modified: 2018-10-22T04:34:34+00:00 **Blanket L Certification** L-1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US Company outside of the US for at least one year out of the last three years. Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a *blanket petition*.  Eligibility for blanket L certification may be established if: • The petitioner and each of the qualifying organizations are engaged in commercial trade or services; • The petitioner has an office in the United States which has been doing business for one year or more; • The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and • The petitioner along with the other qualifying organizations, collectively, meet one of the following criteria: • Have obtained at least 10 L-1 approvals during the previous 12-month period; • Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or • Have a U.S. work force of at least 1,000 employees. In order to qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional.  See 8 CFR 214.2(l)(1)(ii)(E). In most cases, once the blanket petition has been approved, the employer need only complete a Form I-129S, *Nonimmigrant Petition Based on Blanket L Petition*, and send it to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that the employee may present it to a consular officer in connection with an application for an L-1 visa. --- ## L-1B URL: https://yuanhelaw.com/practice/l-1b/ Type: practice Published: 2018-10-22T04:34:08+00:00 Modified: 2018-10-22T04:34:08+00:00 L-1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US Company outside of the US for at least one year out of the last three years. Companies operating in the US can apply to the relevant USCIS service center for an L-1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years. **L-1B: Intracompany Transferee Specialized Knowledge** The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.  The employer must file [Form I-129, Petition for a Nonimmigrant Worker](http://www.uscis.gov/node/41220) with fee, on behalf of the employee. **General Qualifications of the Employer and Employee** To qualify for L-1 classification in this category, the employer must: •   Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and •   Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade. ***   Doing business ***means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad. To qualify, the named employee must also: •   Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and •   Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations. ***   Specialized knowledge ***means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)). **L-1 Visa Reform Act of 2004** The L-1 Visa Reform Act of 2004 applies to all petitions filed on or after June 6, 2005, and is directed particularly to those filed on behalf of L-1B employees who will be stationed primarily at the worksite of an of an employer other than the petitioning employer or its affiliate, subsidiary, or parent.  In order for the employee to qualify for L-1B classification in this situation, the petitioning employer must show that: •   The employee will not be principally controlled or supervised by such an unaffiliated employer; and •   The work being provided by the employee is not considered to be labor for hire by such an unaffiliated employer. See INA 214(c)(2)(F) and Chapter 32.3(c) of the USCIS Adjudicator’s Field Manual, available in the “[Laws](http://www.uscis.gov/node/41528)” section of the website. **New Offices** For foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that: •   The employer has secured sufficient physical premises to house the new office ; and •   The employer has the financial ability to compensate the employee and begin doing business in the United States. See 8 CFR 214.2(l)(3)(vi) for details. **Period of Stay** Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years. --- ## L-1A URL: https://yuanhelaw.com/practice/l-1a/ Type: practice Published: 2018-10-22T04:33:04+00:00 Modified: 2018-10-22T04:33:04+00:00 L-1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US Company outside of the US for at least one year out of the last three years. Companies operating in the US can apply to the relevant USCIS service center for an L-1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years. **L-1A: Intracompany Transferee Executive or Manager** The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.  The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee. The following information describes some of the features and requirements of the L-1 nonimmigrant visa program. **General Qualifications of the Employer and Employee** To qualify for L-1 classification in this category, the employer must: •   Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as *qualifying organizations*); and •   Currently be, or will be, *doing business*as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade. ***       Doing business ***means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad. To qualify, the named employee must also: •   Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and •   Be seeking to enter the United States to provide service in an *executive *or *managerial capacity*for a branch of the same employer or one of its qualifying organizations. ***       Executive capacity ***generally refers to the employee’s ability to make decisions of wide latitude without much oversight. ***       Managerial capacity ***generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.  See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions. **New Offices** For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that: •   The employer has secured sufficient physical premises to house the new office; •   The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and •   The intended U.S. office will support an executive or managerial position within one year of the approval of the petition. See 8 CFR 214.2(l)(3)(v) for details. **Period of Stay** Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years. --- ## H-1B URL: https://yuanhelaw.com/practice/h-1b/ Type: practice Published: 2018-10-22T04:32:07+00:00 Modified: 2018-10-22T04:32:07+00:00 U.S. businesses use the H-1B non-immigrant visa program to employ foreign workers in *specialty occupations* that require theoretical or technical expertise in specialized fields such as in architecture, engineering, mathematics, science, and medicine. **Types of H-1B visas** The H-1B1 visa is specifically for citizens of Chile and Singapore with a job offer in a specialty occupation in the US. The Chile and Singapore Free Trade Agreements require the USCIS to exempt 6,800 H-1B visas from the H-1B visa cap to be reserved for eligible citizens of Chile and Singapore. The H-1B2 visa is designated for aliens who wish to come to the U.S. temporarily to perform services of an exceptional nature relating to a cooperative research and development project administered by the United States’ Department of Defense. The H-1B3 visa is issued to aliens who come temporarily to the U.S. to work as fashion models. Evidence presented in an H-1B3 fashion model petition must establish that the model is of national or international acclaim. **Valid Period** The beneficiary may be admitted for a period of up to three years. The time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply. An H-1B visa may be applied for any duration up to three years. **Criteria to qualify as a Specialty Occupation** The job must meet one of the following criteria to qualify as a specialty occupation: •   Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position •   The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree •   The employer normally requires a degree or its equivalent for the position •   The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree. **Qualification for Employee** The employee must meet one of the following criteria: •   Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university; •   Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation; •   Hold an unrestricted State license, registration, or certification which authorizes him/her to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment; •   Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty. --- ## EB-5 URL: https://yuanhelaw.com/practice/eb-5/ Type: practice Published: 2018-10-22T04:31:38+00:00 Modified: 2018-10-22T04:31:38+00:00 The Immigration Act of 1990 created the Immigration Investor Program (or EB-5) as the fifth preference category for employment-based immigration applications. This was the first time a category specifically facilitated the admission of investors as lawful permanent residents and currently remains the only such category to do so. EB-5 is available to those individuals who have invested, or are in the process of investing at least $1 million in a commercial enterprise employing at least 10 full-time U.S. workers. Individuals who invest in a targeted employment area only need to invest a minimum of $500,000. ** ** **“New commercial enterprise” Requirement** All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise (sole proprietorship, partnership, holding company, joint venture, corporation, business trust or other entity, which may be publicly or privately owned): •   Established after Nov. 29, 1990, or •   Established on or before Nov. 29, 1990, that is: •   Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or •   Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business. This definition does not include noncommercial activity such as owning and operating a personal residence.   **Job Creation Requirements** •   Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident. •   Create or preserve either direct or indirect jobs: •   Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital. •   Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center. Investors may only be credited with preserving jobs in a troubled business.   **Capital Investment Requirements** Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act. Required minimum investments are: •   General. The minimum qualifying investment in the United States is $1 million. •   Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000. Investment capital cannot be borrowed. --- ## EB-3 URL: https://yuanhelaw.com/practice/eb-3/ Type: practice Published: 2018-10-22T04:31:14+00:00 Modified: 2018-10-22T04:31:14+00:00 EB-3 is an employment-based, second preference visa. You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. There are three types of EB-3 Visas. **EB-3A: Skilled Workers** “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature. •   You must be able to demonstrate at least 2 years of job experience or training. •   You must be performing work for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required. **EB-3B: Professionals** “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions •   You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation. •   You must be performing work for which qualified workers are not available in the United States. Education and experience may not be substituted for a baccalaureate degree. Labor certification and a permanent, full-time job offer required. **EB-3C: Unskilled Workers (Other Workers)** The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature. •   You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required. --- ## EB-2 URL: https://yuanhelaw.com/practice/eb-2/ Type: practice Published: 2018-10-22T04:30:50+00:00 Modified: 2018-10-22T04:30:50+00:00 EB-2 is an employment-based, second preference visa. You may be eligible if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements: There are three types of EB-2 Visas. **EB-2A: Members of the professions holding advanced degrees or their equivalent** A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty. **EB-2B: Exceptional ability in the sciences, arts or business** This classification applies to those “who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.” In order to receive this classification, the individual must provide documentation of three of the following: •   An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability; •   Letters documenting at least ten years of full-time experience in the occupation being sought; •   A license to practice the profession or certification for a particular profession or occupation; •   Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability; •   Membership in professional associations; •   Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations. If the above standards do not apply to the petitioner’s occupation, other comparable evidence of eligibility is also acceptable. **[EB-2C: National Interest Waiver](/practice/national-interest-waiver/)** The National Interest Waiver (NIW) is for aliens of exceptional ability in sciences, arts or business and advanced degreed professionals (M.A., M.S., M.E., M.D. or Ph.D.). Ph.D. students also qualify. --- ## PERM Labor Certification URL: https://yuanhelaw.com/practice/perm-labor-certification/ Type: practice Published: 2018-10-22T04:28:07+00:00 Modified: 2018-10-22T04:28:07+00:00 PERM stands for “**P**rogram **E**lectronic **R**eview **M**anagement”.  It is the system used for obtaining labor certification.  A PERM Labor Certification is an approval from the DOL for the U.S. employers to apply for green card for their prospective foreign employees based a position offered to the employees.  An approved PERM Labor Certification (PERM LC, or LC) issued by DOL allows an employer to hire a foreign worker to work permanently in the United States.  Obtaining the LC is the prerequisite for starting the immigration process with USCIS for EB-2 and EB-3 visa applicants. The PERM LC aims at protecting the American labor market, and the U.S. labors including U.S. citizens and LPRs.  A PERM LC also confirms that there are “insufficient available, qualified, and willing U.S. workers to fill the position being offered at a prevailing wage.  In addition, a PERM LC also means that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.  Thus, to obtain the PERM LC, employers are required to go through a period of recruitment procedure to demonstrate the shortage of U.S. workers before filing an immigration petition for their foreign employees.  On average, it takes around four to six months to obtain the LC. In the PERM LC process, the U.S. employer is the applicant and the prospective employee is the beneficiary.  Once the PERM application was approved, the US employer may move to the second step and file an immigrant petition (Form I-140).  It should be noted that the approved PERM LC and/or the immigrant petition does not grant a prospective alien employee authorization to work in the United States.  As a result, the alien is not required to work for the applying employer while the PERM application is pending or after it is approved.  For the same reason, the employer who applied for LC can terminate their foreign worker’s both current and future employment at any time.  However, while applying for the LC the employer must prove that they had the intent to hire the beneficiary for the duration of the entire immigration process.  For the same reason, the employee has to work for the employer for a certain period of time after they were granted the immigration benefits.  A new law allows the employee to change employers after working 180 days from the date of filing the Adjustment of Status petition (Form I-485). Generally EB-2 and EB-3 petitions all require filing and obtaining a PERM LC before employers can file the immigration petition with USCIS for their alien employees, except when the EB-2 petitioner obtained a National Interest Waiver.  There are alternative immigration options where a PERM LC is not required: 1. All family-based immigrant petitions; 1. Employment-based first preference (EB-1) petitions for aliens of extraordinary ability, outstanding researchers and professors, and intra-company transferees for multinational executives; 1. Employment-based fourth preference petition reserved for special immigrants (EB-4); 1. Employment-based fifth preference petitions for investors (EB-5). --- ## National Interest Waiver URL: https://yuanhelaw.com/practice/national-interest-waiver/ Type: practice Published: 2018-10-22T04:27:38+00:00 Modified: 2018-10-22T04:27:38+00:00 The National Interest Waiver (NIW) is for aliens of exceptional ability in sciences, arts or business and advanced degreed professionals (M.A., M.S., M.E., M.D. or Ph.D.). Ph.D. students also qualify. An alien may apply for permanent residence status (Green Card) and seek a waiver of the offer of employment by establishing that his or her admission to permanent residence would be in the national interest. The national interest waiver is a good option for those who do not wish to wait several years for labor certification or those who do not wish to be tied to a specific employer during labor certification. The national interest waiver applicant sponsors him or herself and is not required to have a job. NIW applicants may make additional green card applications while their NIW petition is pending. Furthermore, if the NIW applicant is employed, the employer will not have knowledge of a pending NIW application. The National Interest Waiver also applies to physicians. Physicians who agree to work full time in a designated health professional shortage area or in VA hospital and where a federal agency or State department of public health has determined that the physicians work is in the public interest for an aggregate of five years (not including time in J1 visa status) can obtain an NIW green card. **Criteria to qualify** The National Interest Waiver or NIW is part of the second employment-based category (EB-2) for aliens of exceptional ability in sciences, arts or business and advanced degreed professionals. In order to be considered an alien of exceptional ability, the USCIS regulations require that at least three of the following types of evidence be established: 1. An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability; 1. Evidence in the form of letters from current or former employers showing that the alien has at least ten years of full-time experience in the occupation for which he or she is sought; 1. A license to practice the profession or certification for a particular profession or occupation; 1. Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability; 1. Evidence of membership in professional associations; 1. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business associations. Someone who meets three of these requirements or has an advanced degree and has a job offer from a U.S. employer can process a labor certification under the EB-2 category. However, someone who qualifies for the National Interest Waiver is deemed to be of such value to the United States that he/she is neither required to process a labor certification nor have a job offer. --- ## EB-1C URL: https://yuanhelaw.com/practice/eb-1c/ Type: practice Published: 2018-10-22T04:27:14+00:00 Modified: 2018-10-22T04:27:14+00:00 This category is employment-based first preference immigration that that will permit a foreign worker to live and work in the United States on a permanent basis. This category applies to aliens who are multinational manager or executive. **Requirements for EB-1C** Aliens must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. The petitioning employer must be a U.S. employer. The employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad. A petition for a multinational executive or manager must be accompanied by a statement from an authorized official of the petitioning United States employer which demonstrates that: 1. There must be a U.S. company or organization (U.S. employer) AND a company or organization (foreign employer) located outside of the U.S. These two companies must be active and conduct regular and systematic operations. 1. The prospective employer has been doing business for at least one year. 1. The prospective employer and the foreign employer must be related entities. 1. In the three years immediately preceding the filing of the petition the foreign beneficiary has been employed outside the United States in the foreign company for at least one year in a managerial or executive capacity; 1. The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the foreign beneficiary was employed overseas; and 1. The foreign beneficiary must work for the U.S. employer as an executive or manager now or after the green card is approved. --- ## EB-1B URL: https://yuanhelaw.com/practice/eb-1b/ Type: practice Published: 2018-10-22T04:26:44+00:00 Modified: 2018-10-22T04:26:44+00:00 This category is employment-based first preference immigration. This category applies to aliens who are internationally recognized for being outstanding in a particular academic field. **Requirements for EB-1B** These professors and researchers should have (1) at least three years of relevant research or teaching experience, (2) a job offer for a permanent research position or a tenured or tenure-track teaching position, and (3) intend to teach or carry out research in the particular field in the U.S. In order to qualify for this category, the petitioner should submit evidence establishing that the professor or researcher is recognized as outstanding in the academic field.  Such evidence should include documentation of *at least two*of the followings: 1. Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field; 1. Documentation of the alien’s membership in associations that require their members to demonstrate outstanding achievements; 1. Published material in professional publications written by others about the alien’s work in the academic field; 1. Evidence of the alien’s participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field; 1. Evidence of the alien’s original scientific or scholarly research contributions in the academic field; 1. Evidence of the alien’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field. As one of the basic requirements, the alien must receive a permanent job offer from the sponsored employer. According to current regulations, “permanent” is defined as “either tenured, tenure-track, or for an indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.” For individuals who are holding research positions that are based on grant money received yearly, USCIS has ruled that if the employer petitioning for the alien shows the intention to continue to get funding and gives a reasonable expectation that funding will continue, then the employment may be considered “permanent”. Generally, the job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private company, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field. Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., may be counted toward the three year requirement, but only if the alien has acquired the degree, and if the teaching duties were such that he/she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. The alien must document his/her work history with letters from current and/or former employers describing work duties and years of employment. --- ## EB-1A URL: https://yuanhelaw.com/practice/eb-1a/ Type: practice Published: 2018-10-22T04:26:09+00:00 Modified: 2024-10-12T03:52:49+00:00 This category is employment-based first preference immigration. To qualify for this category, the individual alien should have extraordinary ability in the sciences, arts, education, business, or athletics, and his/her achievements must have been publicly recognized and resulted in a period of sustained national or international acclaim. **Requirements for EB-1A** The general requirement is that the alien should have risen to the “top of his/her field of endeavor” (1) as demonstrated by national or international acclaim (2) which should be recognized through extensive documentation, and (3) the alien should continue the work in the same field and (4) would substantially benefit the U.S. prospectively. According to related regulations, a one-time major achievement, such as a Nobel Prize, might satisfy this requirement, provided it is probative of the fact that the alien has reached the summit of his/her occupation. In the absence of such a major, international recognized award, however, the petitioner may not rely solely on the alien beneficiary’s past achievements to establish the alien’s eligibility for this classification. Additionally, the regulations also allow the petitioner to provide evidence that the alien beneficiary has the requisite sustained acclaim and recognition by submitting evidence of *at least three*of the following ten criteria: 1. Alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. 1. Alien’s membership in associations that require outstanding achievements of their members. 1. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. 1. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought. 1. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field. 1. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media. 1. Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases. 1. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation. 1. Evidence that the alien has commanded a significantly high salary or other significantly high remuneration for services, in relation to others in the field. 1. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales. --- ## Cap Gap for Students Without a Rejection or Decision URL: https://yuanhelaw.com/cap-gap-for-students-without-a-rejection-or-decision/ Type: post Published: 2017-05-15T04:43:27+00:00 Modified: 2018-10-21T04:48:10+00:00 Categories: Uncategorized USCIS [announced on May 3, 2017](https://www.uscis.gov/news/alerts/uscis-completes-data-entry-fiscal-year-2018-h-1b-cap-subject-petitions), that data entry for FY2018 has been completed and that petitions not selected in lottery would begin to be returned. However, it may take several weeks for all unselected petitions to be returned. In the interim, for those cases where neither a receipt nor a rejection notice has been received, students may continue to benefit from an automatic cap-gap extension until a rejection notice is received. Once such a notice is received, a student has the standard 60-day grace period starting from the date of the rejection notice or their program end date, whichever is later, to prepare for and depart the United States. --- ## Impact of “Hire American” Provision in New Executive Order Remains to Be Seen URL: https://yuanhelaw.com/impact-of-hire-american-provision-in-new-executive-order-remains-to-be-seen/ Type: post Published: 2017-04-24T04:46:05+00:00 Modified: 2018-10-21T04:49:32+00:00 Categories: Uncategorized On April 18, 2017, President Trump signed his latest Executive Order “Buy American and Hire American.” The American Immigration Lawyers Association (AILA) observed that while today’s announcement reflects the administration’s desire to move toward reforms to the H-1B program, there will be no immediate changes or impacts on H-1Bs. Simply put, it appears that the agencies are asked to review policies related to all visa programs and recommend changes to root out “fraud and abuse,” and to propose additional reforms so that H-1B visas are awarded to the most skilled or highest-paid applicants. AILA President William A. Stock said, “Today’s announcement brings to mind a famous phrase from Shakespeare’s MacBeth: ‘full of sound and fury, signifying nothing.’ While the agencies are being asked to undertake a review of the H-1B program, the reality is that many of the changes contemplated by the administration will require legislative action, or at minimum, the lengthy rulemaking process. Rather than ‘sound and fury,’ what we really need is President Trump and Congress to work together on immigration reform that will bring our legal immigration system into the twenty-first century, so we have a system that works for us all.” Stock continued: “Our immigration system is critical to all geographic and industry sectors, not just Silicon Valley. H-1B workers help transform state and local economies across the nation, from Boise, ID, to Raleigh, NC, Des Moines, IA, and Lincoln, NE. H-1B workers are vital to our healthcare system, and to our manufacturing and energy industries. Any reforms proposed by the Trump Administration as a result of this Executive Order should be based on facts and data, not innuendo and anecdote, and must ensure that our immigration system, including the H-1B program, remain viable tools for U.S. businesses seeking to build and maintain a globally competitive workforce.” AILA Doc. No. 17041850
 For the complete executive order please see [Buy-American-Hire-American](https://yuanhelaw.com/wp-content/uploads/2017/04/Buy-American-Hire-American.pdf) --- ## Analysis of Mar. 31st Policy Memo on “Computer Programmer” URL: https://yuanhelaw.com/analysis-of-mar-31st-policy-memo-on-computer-programmer/ Type: post Published: 2017-04-20T04:46:52+00:00 Modified: 2018-10-21T04:47:22+00:00 Categories: Uncategorized The policy memo issued on March 31, 2017 clarifies USCIS’s approach to determining whether the position of “Computer Programmer” is deemed a “specialty occupation” that would be eligible for an H-1B visa. The new memo rescinds the December 22, 2000 memorandum titled “Guidance memo on H-1B computer related positions” issued to Nebraska Service Center employees by then-director, Terry Way. In light of the significant evolution of the high-tech industry since 2000, the Terry Way memo has now become somewhat obsolete. Therefore, as described in the current Occupational Outlook Handbook, Computer Programmers, especially those in entry-level positions, may not be considered to be employed in a “specialty occupation” because a bachelor’s degree in a specific field may not be required for the position. The new memo supports the proposition that a position cannot simultaneously have a job classification and pay rate at the low end of the industry salary range, while at the same time listing specific job requirements and skills that are more complex and specialized. According to information and cases within the legal community, for at least the past several years, USCIS has not taken the approach that a “Computer Programmer” is a slam-dunk H-1B. The new memo would appear to offer transparency and clarity regarding the approach USCIS has taken on these cases for the past several years. However, the true test of this memo will be in how it is actually interpreted by adjudicators in the field, especially over the next few months as H-1Bs are adjudicated. AILA Doc. No. 17040334 --- ## USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions URL: https://yuanhelaw.com/uscis-will-temporarily-suspend-premium-processing-for-all-h-1b-petitions/ Type: post Published: 2017-03-04T04:44:52+00:00 Modified: 2018-10-21T04:51:10+00:00 Categories: Uncategorized Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. USCIS will notify the public before resuming premium processing for H-1B petitions. The temporary suspension applies to all H-1B petitions filed for FY18, including regular cap, master’s advanced degree cap, and cap-exempt petitions. During the suspension period, USCIS will reject any Form I-907 filed with an H-1B petition. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, USCIS will reject both forms. Under certain extreme circumstances, petitioners may submit a request to expedite an H-1B petition. This temporary suspension will help to reduce overall H-1B processing times. Please go to USCIS website for full article or click on the link: [https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions](https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions) --- ## DHS Publishes Final International Entrepreneur Rule URL: https://yuanhelaw.com/dhs-publishes-final-international-entrepreneur-rule/ Type: post Published: 2017-01-17T04:51:33+00:00 Modified: 2018-10-21T04:53:43+00:00 Categories: Uncategorized The Department of Homeland Security (DHS) today [published a final rule](http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTcwMTE3LjY4ODM4OTcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE3MDExNy42ODgzODk3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MzgwODgzJmVtYWlsaWQ9a3dhbmdAanVud2FuZ2xhdy5jb20mdXNlcmlkPWt3YW5nQGp1bndhbmdsYXcuY29tJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&&&100&&&https://www.federalregister.gov/documents/2017/01/17/2017-00481/international-entrepreneur-rule) to improve the ability of certain promising start-up founders to begin growing their companies within the United States and help improve our nation’s economy through increased capital spending, innovation and job creation. Under this final rule, DHS may use its “parole” authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation. The new rule is effective July 17, 2017, which is 180 days after its publication in the Federal Register. DHS estimates that 2,940 entrepreneurs will be eligible under this rule annually. Eligible entrepreneurs may be granted a stay of up to 30 months, with the possibility to extend the period by up to 30 additional months if they meet certain criteria, in the discretion of DHS. Under this final rule, eligibility may be extended to up to three entrepreneurs per start-up entity, as well as spouses and children. Entrepreneurs granted stays will be eligible to work only for their start-up business. Their spouses may apply for work authorization in the United States, but their children will not be eligible. An applicant would need to demonstrate that he or she meets the following criteria to be considered under this rule: - The applicant possesses a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation. - The applicant has a central and active role in the start-up entity such that the applicant is well-positioned to substantially assist with the growth and success of the business. - The applicant can prove that his or her stay will provide a significant public benefit to the United States based on the applicant’s role as an entrepreneur of the start-up entity by: - Showing that the start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments; - Showing that the start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state or local government entities that regularly provide such awards or grants to start-up entities; or - Showing that they partially meet either or both of the previous two requirements and providing additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation. --- ## USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees URL: https://yuanhelaw.com/uscis-announces-final-rule-adjusting-immigration-benefit-application-and-petition-fees/ Type: post Published: 2016-10-27T04:54:05+00:00 Modified: 2018-10-21T04:56:47+00:00 Categories: Uncategorized WASHINGTON – U.S. Citizenship and Immigration Services today announced a final rule published in the [Federal Register](https://www.federalregister.gov/documents/2016/10/24/2016-25328/us-citizenship-and-immigration-services-fee-schedule) today adjusting the fees required for most immigration applications and petitions. The new fees will be effective Dec. 23. USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine the funding levels necessary to administer the nation’s immigration laws, process benefit requests and provide the infrastructure needed to support those activities. Fees will increase for the first time in six years, by a weighted average of 21 percent for most applications and petitions. This increase is necessary to recover the full cost of services provided by USCIS. These include the costs associated with fraud detection and national security, customer service and case processing, and providing services without charge to refugee and asylum applicants and to other customers eligible for fee waivers or exemptions. The final rule contains a table summarizing current and new fees. The new fees will also be listed on the [Our Fees](https://www.uscis.gov/node/52939) page on our website. [Form G-1055](https://www.uscis.gov/node/52500) will not reflect the new fees until the effective date. Applications and petitions postmarked or filed on or after Dec. 23 must include the new fees or USCIS will not be able to accept them. “This is our first fee increase since November 2010, and we sincerely appreciate the valuable public input we received as we prepared this final rule,” said USCIS Director León Rodríguez. “We are mindful of the effect fee increases have on many of the customers we serve. That’s why we decided against raising fees as recommended after the fiscal year 2012 and 2014 fee reviews. However, as an agency dependent upon users’ fees to operate, these changes are now necessary to ensure we can continue to serve our customers effectively. We will also offer a reduced filing fee for certain naturalization applicants with limited means.” Read more about the new fee schedule on the [Our Fees](https://www.uscis.gov/node/52939) page. Highlights follow: - A modest fee increase of $45, or 8 percent, from $595 to $640 for Form N-400, Application for Naturalization. - USCIS will offer a reduced filing fee of $320 for naturalization applicants with family incomes greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines. For 2016, this means, for example, that a household of four with an income between $36,000 and $48,600 per year could pay the reduced fee. Those eligible may apply for this option using the new Form I-942, Request for Reduced Fee. - The fee for Form N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, will increase from $550 or 600 to $1,170. - A new fee of $3,035 is required for Form I-924A, Annual Certification of Regional Center. In preparing the final rule, USCIS considered all 436 comments received during the 60-day public comment period for the proposed rule published May 4. From the Official Website of US Citizenship & Immigration Services --- ## USCIS Proposes Rule to Welcome International Entrepreneurs URL: https://yuanhelaw.com/uscis-proposes-rule-to-welcome-international-entrepreneurs/ Type: post Published: 2016-08-29T05:03:42+00:00 Modified: 2018-11-21T12:02:34+00:00 Categories: Uncategorized WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States. Read the advance version of the notice of proposed rulemaking: International Entrepreneur Rule. Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. To submit comments, follow the instructions in the notice. “America’s economy has long benefitted from the contributions of immigrant entrepreneurs, from Main Street to Silicon Valley,” said Director León Rodríguez. “This proposed rule, when finalized, will help our economy grow by expanding immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment and generating revenue in the U.S.” The proposed rule would allow the Department of Homeland Security (DHS) to use its existing discretionary statutory parole authority for entrepreneurs of startup entities whose stay in the United States would provide a significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation. Under this proposed rule, DHS may parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises: - Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations; - Whose startup was formed in the United States within the past three years; and - Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by: - Receiving significant investment of capital (at least $345,000) from certain qualified U.S. investors with established records of successful investments; - Receiving significant awards or grants (at least $100,000) from certain federal, state or local government entities; or - Partially satisfying one or both of the above criteria in addition to other reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation. Under the proposed rule, entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entity in the United States. A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to provide a significant public benefit as evidenced by substantial increases in capital investment, revenue or job creation. The notice of proposed rulemaking in the Federal Register invites public comment for 45 days, after which USCIS will address the comments received. The proposed rule does not take effect with the publication of the notice of proposed rulemaking. It will take effect on the date indicated in the final rule when a final rule is published in the Federal Register. --- ## USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions URL: https://yuanhelaw.com/uscis-returns-unselected-fiscal-year-2017-h-1b-cap-subject-petitions/ Type: post Published: 2016-08-03T04:57:06+00:00 Modified: 2018-10-21T04:57:20+00:00 Categories: Uncategorized USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in our computer-generated random selection process. If you submitted an H-1B cap-subject between April 1 and April 7, 2016 and have not received a receipt notice or a returned petition by July 22, 2016, you should contact USCIS for assistance. --- ## USCIS completed data entry for all FY 2017 cap-subject petitions as of May 2, 2016 URL: https://yuanhelaw.com/uscis-completed-data-entry-for-all-fy-2017-cap-subject-petitions-as-of-may-2-2016/ Type: post Published: 2016-06-29T05:00:33+00:00 Modified: 2018-10-21T05:01:02+00:00 Categories: Uncategorized USCIS made the announcement on May 2, 2016 that they have completed data entry of all fiscal year 2017 cap-subject petitions in the computer-generated random process. USCIS has begun the process of returning unselected cases but due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions. USCIS asks petitioners not to inquire about the status of submitted cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned. Source: USCIS --- ## US Consulate in Toronto Suspends Third Country National Appointment in Summer URL: https://yuanhelaw.com/us-consulate-in-toronto-suspends-third-country-national-appointment-in-summer/ Type: post Published: 2016-06-29T04:57:31+00:00 Modified: 2018-10-21T04:58:12+00:00 Categories: Uncategorized Following a trend from past summers, the U.S. Consulate in Toronto has suspended Third Country Nationals’ (non-Canadian Nationals’) visa appointments in the summer months of June, July, and August. This suspension only applies to Third Country Nationals and Canadian citizen applicants. Those Third Country Nationals who are legally living in Canada are unaffected. Third Country Nationals with an appointment already scheduled during the summer months may not be affected. However, applicants should consult with counsel or call the Consulate in advance to confirm prior to traveling to Canada. For now, it appears that the other U.S. Consulates in Canada will continue processing Third Country Applicant visa applications during, but this could change as in years past. Source: The National Law Review --- ## USCIS Completes the H-1B Cap Random Selection Process for FY 2017 URL: https://yuanhelaw.com/uscis-completes-the-h-1b-cap-random-selection-process-for-fy-2017/ Type: post Published: 2016-04-19T04:58:30+00:00 Modified: 2018-10-21T04:59:21+00:00 Categories: Uncategorized On April 7, 2016, U.S. Citizenship & Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS received over 236,000 H-1B petitions during the filing period, which began April 1, including petitions filed for the advance degree exemption. On April 9, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 under the advance degree exemption. Cases not selected in either lottery will be rejected and returned with their filing fees. **CASES FILED UNDER PREMIUM PROCESSING** USCIS will delay the start of the 15-day premium processing clock no later than May 16 (last year was May 11). Employers whose premium cases were selected in the lottery should get email filing receipts by May 16, though receipting could begin earlier. Adjudicators wills tart working on premium processed cases by May 16 and USCIS should complete initial adjudication of premium cases by May 31. By this date, employers should receive an approval, RFE (Request for Evidence) or denial in their premium cases (though we have yet to see a denial issued without first getting an RFE). If an RFE is issued, additional time will be required for a determination. **CASES FILED UNDER REGULAR PROCESSING** Employers whose regular processed cases were selected in the lottery should be able to get filing receipts by mid-June, if not earlier. Receipting could continue for several days or weeks after it begins. USCIS is expected to begin working on regular processed cases by late May or early June, and typically aims to finish initial adjudication by Mid-August. RFEs may be issued at any time during this period. We will continue to monitor the development of H-1B processing and will provide updates as they become available. ---