Policy Update: Biden Administration Expands STEM Field for Optional Practical Training Program for International College Students

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By Jessabelle M. Koppelman, Esq. & Julie Oliver-Zhang, Esq.


We have an exciting immigration policy update for international college students! On January 21, 2022 the Biden Administration announced that the U.S. Department of Homeland Security expanded the list of degrees included in the STEM (science, technology, engineering, and mathematics) Field that qualify for the Optional Practical Training (“OPT”) program. This extension is advantageous for F-1 STEM students interested in obtaining an H1b visa.


OPT is a temporary employment program that is related to an F-1 student’s area of study. Eligible students may apply to receive up to 12 months of OPT employment authorization. Fortunately for those with degrees in STEM, they may extend their temporary work permits for a period of up to two years. This gives individuals more time to secure an H1b visa from a sponsoring employer. The White House stated that the additional areas of study are fundamentally new, multidisciplinary or emerging fields that are “critical in attracting talent to support U.S. economic growth and technological competitiveness.” This initiative to expand the STEM definition for F-1 students is part of the Biden Administration’s efforts to attract global talent to strengthen the U.S. economy and technological competitiveness. You can read the full statement here: https://bit.ly/3GlajXA.


The new academic areas of study added to the list of new STEM fields include:
* Bioenergy
* Forestry
* Forest Resources Production and Management
* Human-Centered Technology Design
* Cloud Computing
* Climate Science
* Earth Systems Science
* Environmental Geosciences
* Data Analytics
To read a comprehensive list of the new STEM fields see: https://bit.ly/3GaddOU.

Since this work status is only temporary, F-1 students may want to consider applying for an H1b visa during their valid OPT or CPT period. If you are curious about whether an H1b visa is the right path for you, please contact Oliver-Zhang Law at [email protected] or 202-643-1110. We provide free immigration consultations. Our H-1B lawyers strive to provide you with the best service and chance for success. We are more than happy to answer your H1b visa questions.

The “Cap-Gap” Extension Explained

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By Jessabelle M. Koppelman, Esq. & Julie T. Oliver-Zhang, Esq.


Who qualifies for the “Cap-Gap” extension, and how does it work?

Many F-1 students are concerned about being out of status during the period between the end of their Optional Practical Training (“OPT”) and when their approved H1b visa begins in October. The Cap-Gap extension provides a solution for F-1 students under an approved post-completion OPT program, or the STEM extension post-completion OPT program who have a sponsoring employer for the H1b visa. The Cap-Gap extension is available to F-1 students whose OPT period expires before October 1st and who have been offered an H1b visa for a position with a U.S. employer. The “Gap” refers to the period after your F-1 OPT, STEM OPT, or 60-day grace period expires and before you may start H1b employment. The 60-day grace period refers to the time you are permitted to stay in the U.S. or change visa status after your OPT status expires. It is important to know how your H1b visa petition impacts your ability to extend your stay in the U.S.

USCIS permits certain students with pending or approved Cap-subject H1b visa petitions to remain in F-1 status so they do not have to leave the United States during the cap-gap period. To qualify for this extension, you must satisfy the below requisites:

  • A U.S. company must timely file an H1b visa petition (I-129) with USCIS while the prospective beneficiary-student’s F-1 status is still valid or in their 60-day grace period. Please note that to qualify for the exemption, the employer must have first submitted Form I-129 and the form must be received before the expiration of the F-1 status or grace period.
  • The prospective H1b employment offer must be subject to the cap.
  • In the pending H1b visa petition (Form I-129), the employer must request a change of status to an H-1b.
  • The prospective employment must begin on October 1st.

The cap-gap extension automatically begins once the petitioner timely files a request to change the beneficiary’s status to H1b. If the H-1B visa petition is approved, then the student’s extension of status continues through September 30th. As the extension is automatic, there is no need to file an application or receive a new Employment Authorization Document. Although not required, an F-1 student may obtain an updated Form I-20 as proof of the extension of OPT employment authorization. The exemption allows an individual and their F-2 dependents to legally stay in the U.S. Importantly, however, F-1 students who entered the 60-day grace period are not authorized to work during the cap-gap extension.

Alternatively, if the H1b visa petition is denied, withdrawn, revoked, rejected, not selected, of if the change of status request is denied or withdrawn, then the extension of status is automatically terminated.

Working in the U.S. is a great way to gain valuable experience and opportunities. To find out if you are eligible for the cap-gap extension, please contact us today at [email protected], or 202-643-1110 for a free immigration consultation with one of our experienced H1b lawyers. At Oliver-Zhang Law, we are devoted to providing you with the best H-1b visa services.

When Should You Start Your H-1B Visa Application in 2022 for FY 2023

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By Jessabelle M. Koppleman, Esq. & Julie T. Oliver-Zhang, Esq.

Common questions about the H1b visa process are: “When should I apply?” and “How long does the H-1B visa process take?” Each fiscal year, USCIS sets aside 85,000 new H1b visa availability in October. Although these visas are not effective until the fall, the application process begins much earlier. If you plan on filing an H1b petition in 2022 (FY 2023), you should be aware of the following timeline: 

FY 2023 H-1B Electronic Registration Process: Petitioners must first register online using the USCIS Electronic Registration Process. In this first step, employers seeking to employ prospective H-1B worker(s) subject to the cap must complete a registration application that requires only basic information about the prospective petitioner and worker(s). You can begin creating an H-1B registrant account on February 21, 2022 at noon Eastern Time. The registration period officially opens in March for a minimum of 14 calendar days. This year, the registration period opens on March 1, 2022 and closes on March 18, 2022 at noon Eastern Time. 

Lottery Selection: USCIS will then conduct a random selection among the properly submitted electronic registrations. Generally, USCIS will notify selected registrants by March 31st. If selected, this means that you were randomly chosen in the “lottery” draw and are invited to submit your H1b petition. USCIS generally conducts two lottery draws and may include additional draws as needed. For Fiscal Year 2022, USCIS received 308,613 registrations and initially selected 87,500 registrants. However, only 59,783 H1b applications were approved by USCIS, or 68%. The 32% of H-1B applications that were rejected as deficient freed up H1b visa availability for a second round.   In July of 2021, USCIS conducted a second draw and selected 27,717 registrants. 

For further explanation of the H-1B visa lottery see:  https://oliverzhanglaw.com/everything-you-need-to-know-about-h-1b-visas-in-2022/  

Petition: Once selected in the lottery, you may file your H1b visa petition in April. The initial filing window for a cap-subject H-1B is normally April 1st to June 30th (a 90 day filing period). USCIS may set additional filing periods when they decide to conduct additional selections.

Approval Time of the H-1B Petition: Typically, USCIS will process a petition within 4-6 months. Alternatively, Premium Processing is available for H-1B petitions at an additional charge of $2,500. Premium Processing provides expedited processing of the petition within 15 calendar days. Please note, Premium Processing does not guarantee approval of a petition. 

Effective Date: Finally, if USCIS approves the H1b visa petition and change of status request, the beneficiary-worker may start employment, at the earliest, on October 1st. 

Preparing your H1b visa petition can be complex, that’s why Oliver-Zhang Law is here for you every step of the way. We have years of experience and proven track record of successfully filing H1b visa applications and we are committed to giving you the best chance of success. 


Contact one of our dedicated H1b lawyers today at [email protected], or 202-643-1110 to inquire about our H1b visa services. Oliver-Zhang Law provides free immigration consultations. We service employers and individuals in the Virginia, Maryland, District of Columbia, and Washington state areas, as well as nationwide.

Everything You Need to Know About H-1B Visas in 2022 for FY 2023

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H1b visa season is quickly approaching! Here are some key things you need to know about the H1b visa program.

News Update: Oliver-Zhang Law is now offering FREE service for the electronic registration process (typically $450 dollars) if you retain us for your H1-B application. If you are not selected in the lottery, your attorney fee will be returned in full.


H1b visas are temporary work permits that allow individuals with special skills and education to work in the United States for up to three years; however, extensions may be granted. The minimum requirements are a bachelor’s degree and specialized skills. There are three H1b visa designations: Specialty Occupations (jobs with specialized responsibilities requiring expert knowledge and a bachelor’s degree or higher in a related field), DOD Research and Development Project Workers, and Fashion Models. An eligible employer (“petitioner”) must sponsor the prospective worker (“beneficiary.”). One of the benefits of this program is that spouses and children of H1b visa holders may accompany the beneficiary.


The Cap:


A unique aspect of this visa program is the “Cap.” Each fiscal year, the federal government sets
aside 65,000 new H1b visas for eligible candidates. An additional 20,000 visas are reserved for
individuals with a master’s degree or higher from a U.S. institution. USCIS also created a cap
exemption for individuals employed by an institute of higher education or an affiliated nonprofit entity; a nonprofit research organization; or a government research organization.


Registration and Lottery:


Since the government only issues a limited number of H1b visas, candidates are subject to the
visa “lottery.” This lottery is akin to a raffle that is essentially broken down into two phases: Advanced-degree candidates and remaining registrants. In 2020, USCIS streamlined H1b procedures by implementing an Electronic Pre-Registration process. Under this new system, petitioners must first register online and pay the $10 fee for each beneficiary. Next, USCIS randomly selects participants from the online registries.

One of the greatest advantages to this new system is that only basic information about the
prospective petitioner and worker is needed. Prior to 2020, petitioners were required to submit
complete petitions before the lottery draw. Now, petitions are submitted after the lottery
selection, saving participants time and money.


H1b Application:

Putting together your petition packet is a crucial endeavor. If you are selected to participate in the H1b program, you will need to complete these three general steps:


1. For specialty occupation and fashion models, the petitioner must submit and receive a Labor Condition Application certified by the Department of Labor.

2. The petitioner must complete and submit Form I-129, Petition for a Nonimmigrant Worker.


3. For beneficiaries outside the U.S., you will need to apply for a visa and/or admission. The beneficiary may apply with the U.S. Department of State at a U.S. Embassy or consulate abroad. Prospective H1b workers, regardless of whether a visa is required, must apply to U.S. Customs and Border Protection for admission to the U.S. under the H1b
classification.

There are many benefits to the H1b visa program. If you have questions about H1b visa procedures, contact one of our experienced immigration lawyers today for a free immigration consultation. At Oliver-Zhang Law, our employment immigrations lawyers are committed to providing you with quality immigration help.


References:


https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-
occupations-and-fashion-models/h-1b-electronic-registration-process
https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-
occupations-and-fashion-models/h-1b-cap-season
https://flag.dol.gov/programs/lca
https://www.uscis.gov/sites/default/files/document/forms/i-129.pdf

Meiwah Reopening- Coronavirus and the Immigrant Population

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Dear Friends,
Great news, Meiwah is reopening today!  Like so many local businesses that have been impacted by Covid-19, particularly Asian restaurants, Meiwah Restaurant in Chevy Chase had stopped operating in April.  Larry La, the owner of the restaurant, is a Vietnamese-Chinese refugee who arrived in the US decades ago.  For nearly 20 years, the restaurant has stood as a symbol of hard-won American dream in our community.  For us immigration lawyers, it is a source of pride, inspiration, and affirmation that those whom we help can go on to make such important and wonderful contributions to America.  Here are two articles about Meiwah and the devastating domino effect coronavirus has had on a chain of businesses:   
https://www.bloomberg.com/news/features/2020-04-18/one-restaurant-s-story-shows-how-recession-spreads?utm_source=url_link
https://www.washingtonpost.com/news/food/wp/2019/05/23/larry-la-fled-vietnam-and-thrived-in-restaurants-but-he-could-not-save-his-flagship-meiwah/

Meiwah is reopening today for pick-up orders at 301-652-9882, and delivering via Doordash.com and Ubereats.com.  

Asian restaurants are commonly employers for a struggling immigrant population. They have also been the undeserved targets for discrimination during this crisis.  I hope that everyone will help spread the word and try to order food and support these local businesses in our communities as much as we can.  They truly need our help!  

Thank you all!  And please stay well. 

~ Julie Oliver-Zhang, Managing Partner of Oliver-Zhang Law

Zantac Recall Cancer Lawsuit Update

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Zantac Recall Cancer Lawsuit Update, April 3, 2020:

By Julie Oliver-Zhang, Esq. and Rachel Wei, Esq.

The U.S. Food and Drug Administration (FDA) announced on April 1, 2020 that it is requesting manufacturers to immediately withdraw all prescription and over-the-counter (OTC) ranitidine drugs, commonly known as Zantac, from the market. A contaminant known as N-Nitrosodimethylamine (NDMA) in ranitidine medications is a probable human carcinogen. The FDA found that NDMA in some ranitidine products increases over time and when stored at higher than room temperatures. This results in consumer exposure to unacceptable levels of this carcinogenic impurity. Disturbingly, new FDA testing confirmed that the carcinogenic NDMA levels increase in ranitidine even under normal storage conditions

On February 10, 2020, 15 Zantac lawsuit plaintiffs have been transferred to South District of Florida court, where a multidistrict litigation (MDL) has been filed on behalf of individuals who have been diagnosed with cancer subsequent to taking Zantac and similar ranitidine products. According to the transfer order, which was approved by federal judges, there are currently 126 cases pending in 21 districts nationwide. The Zantac lawsuit MDL currently consists both of individual plaintiffs alleging personal injury and punitive damage class action lawsuits.

Oliver-Zhang Law is representing clients nationwide who were diagnosed with cancer after exposure to Zantac. Please contact our Zantac attorneys at [email protected], or 202-643-1110 to see if you are eligible to claim compensation for your cancer injuries in the ongoing Zantac cancer litigation.

ACTOS Bladder Cancer Settlement Alert

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U.S. Supreme Court Justices 2015

Gay Marriage Legal In America – Has LGBT Equality in Same-sex Immigration been Achieved through Obergefell v. Hodges?

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By Julie Oliver-Zhang, Esq., Amanda Utterback, Esq., and April Siruno

On June 26, 2015, the Supreme Court of the United States issued its opinion in Obergefell v. Hodges, and, in one ruling, made the LGBT right to marry the law of the land. All states must now issue marriage certificates to all American citizens seeking a life-time union, regardless of their sexual orientation. It is a landmark victory for the LGBT community and its allies that has been hard fought for decades. The legal history of same-sex marriage equality has been a long and rocky road, with inconsistent results in appellate courts from state to state.

Many commentators are glossing over just how close the LGBT community came to losing this war. After the pride parades and the celebrations that rang around the nation have simmered down, let’s not forget that the Supreme Court ruled 5 to 4 in favor of equal rights in gay marriage. 5 to 4 is by no means a landslide.

While many same-sex marriage advocates may feel the sense of emptiness that one does on the last line of a great novel, this decision merely leads to another chapter in the struggle for LGBT equality. Slavery was abolished in 1865, but Jim Crow laws lasted until 1965 and beyond. Women were allowed to vote in 1920, and yet, in 2015, only 20% of the United States Congress is female.

There is still much work to be done.

While our children may grow up in an America where same-sex marriage is matter of law, we still must confront frequent discrimination in the administration of law. Case in point, just three days after the Obergefell decision, the Attorney General of Texas, Ken Paxton, declared that if a county clerk or a public official has “religious objections” to issuing a marriage license to same-sex couples, they are entitled to deny such issuance.

The frightening fact is that people like Paxton are in positions of power.  They are the decision-makers, or the legal authority, in deciding whether to grant a government benefit, a job, or an adopted baby to gays, lesbians, bisexuals, and transgendered people.

In immigration cases, for example, results for same-sex couples may differ from similarly-situated heterosexual couples depending on variations in personal and social values. Typically, the evidence of a good faith marriage, required in every marriage green card application, includes a couples’ illustrious dating history, or big weddings filled with familial love and acceptance. Where many gays and lesbians are still closeted because they fear rejection, discrimination, or even violence, how are same-sex couples supposed to produce comparable evidence of a good faith marriage? The reality is that the societal standards applied for assessing what a “real marriage” looks like remains skewed by traditional assumptions.

Another example involves those LBGT individuals in long-term relationships who are residing in this country illegally. Had the laws been different, they could have married their U.S. citizen partners and received a green card many years ago like any heterosexual couple. Although they are now are able to marry nationwide, immigration laws still present significant obstacles that would require the gay alien spouse threatened with removal from this country to submit an I-601 or I-601A waiver. Essentially, in order to cure their inadmissibility and ineligibility for a green card, this waiver must overcome the high bar that their U.S. citizen spouse would experience “extreme hardship” if the couple were forced to separate.

In terms of immigration, there are only 20 countries that recognize same-sex marriage. LGBT immigrants come to the United States to avail themselves to the protection of our civil liberties. Yet, for those who are filing for a same-sex green card, many are nervous about being judged based upon their sexual identity, rather than the strength of their spousal relationship. As such, can we really say that, as a nation, we truly have reached immigration equality?

To combat these specialized issues, same-sex immigration attorneys should focus on obtaining the highest-level of evidence and proof necessary to help the LGBT community truly achieve equal and fair results in their applications for green cards, asylum, visas, and other immigration benefits. While Obergefell is a historical case in the right direction, we understand the heavy burden in same-sex immigration. We assume that all things are not equal, just yet.

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Supreme Court Decides to Clean House on LGBT Right to Marry: Immigration Equal Rights to Same-Sex Couples May Soon Be Nationwide

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“A house divided against itself cannot stand.“~ Abraham Lincoln

A historical transformation is upon us.  On January 16, 2015, the Supreme Court granted review to a string of state decisions in United States Court of Appeals for the Sixth Circuit.  The Sixth Circuit decided that several states’ prohibitions on same-sex marriage are legal.  Those states include Ohio, Tennessee, Kentucky and Michigan.

Three months ago, in October of 2014, the Supreme Court did just the opposite.  It denied review to those states that insisted on their bans against same-sex marriage, whose bans were held to be illegal by the courts in their own states.  By doing so, the Supreme Court effectively endorsed the state court decisions striking down such bans as unconstitutional.  For decades now, since Bower v. Hardwick and Lawrence v. Texas, up to United States v. Windsor, 133 S. Ct. 2675 (2013), the highest Court of the United States struggled with the issue of gay rights; it had conservatively indicated that the gay right to marry is a choice that lies with the individual states.

In DeBower v. Snyder, the Sixth Circuit exploited Supreme Court’s reluctance to decide on this issue by citing Windsor and stating: “Respect for democratic control over this traditional area of state expertise ensures that ‘a statewide deliberative process that enable[s] its citizens to discuss and weigh arguments for and against same-sex marriage’ can have free and reasonable rein.”

Certainly, by denying review in the cases that upheld gay marriage, the Supreme Court had likely hoped that the rest of the states would fall in line. However, the Sixth Circuit’s renegade decision has created a circuit-split that has brought the LGBT right to marry to the proverbial bridge that must be crossed.

Practically, if the Sixth Circuit decision is allowed to stand, it would divide the country into gay-marriage legal and gay-marriage banned states.  Thus, a LGBT couple can have a valid same-sex marriage in California with all the ensuing rights, but lose all the state-regulated rights, like medical disclosure or step-parental rights if they moved to Tennessee.  In terms of LGBT immigration, this divide creates an untenable and flawed work-around, where a same-sex couple who reside in a state that has banned gay marriage must go and marry in a state that has legalized gay marriage before they can apply for federal benefits such as a green card.

However, by deciding to review DeBower v. Snyder, the Supreme Court has finally chosen to take a position on this issue.  Logically, as the Court had just endorsed the states court decisions that held in favor of the equal protection of gay marriage by denying review, it needed to do nothing more if it simply means to defer to the majority-rule or court decisions in each state.  By agreeing to review the decision, we anticipate that Supreme Court intends to mend the divide and mandate an America that consistently recognizes the same-sex right to marry as a fundamental, constitutional right of a citizen.

Historically, this is the potentially the greatest leap in civil rights since Loving v. Virginia in 1967 that upheld desegregation in interracial marriages.

Supreme Court Denies Review of National Gay Marriage Equality- Foreign Immigrant Same-Sex Spouses Now Free to Marry in Five More States  

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By Julie Oliver-Zhang, Esq. & Amanda Utterback, J.D.

On Tuesday, October 6th, 2014, a historical moment for gays, lesbians, bisexuals and transgendered individuals came to pass in America. The United States Supreme Court voted to not review the seven petitions requesting the consideration of a national constitutional right to same-sex marriage. This refusal by the Court to second-guess the state courts’ rulings striking down bans on gay marriage as violations of equal rights now permits gay and lesbian couples to marry legally in Virginia, Utah, Oklahoma, Indiana, and Wisconsin.

Significantly, the new law in these states also expands the immigration options for the global LGBT community. After yesterday’s decision by the Court, same-sex spouses and fiancé or fiancées from other countries can now apply for an American green card or non-immigrant visa after getting married in 24 states and the District of Columbia with legalized gay marriage.

Specifically, thirteen states have now legalized same-sex marriage through court decisions (California, Connecticut, Iowa, Massachusetts, New Jersey, New Mexico, Oregon, Pennsylvania, Virginia, Utah, Oklahoma, Indiana, and Wisconsin); eight through legislation (Delaware, Hawaii, Illinois, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and the District of Columbia); and three have legalized same-sex marriage by popular vote (Maine, Maryland, and Washington).

Currently, gay marriage equality is still in limbo in seven states, pending state court appeals (Arkansas, Colorado, Florida, Idaho, Kentucky, Michigan, and Texas). We hope to soon add these states to the list of jurisdictions that will welcome foreign immigrant same-sex spouses.

Because the status of gay marriage is still uncertain in these seven limbo states, our recommendation is that gay couples should get married in one of the above 24 states in order to ensure access to the new, available federal immigration benefits. The new laws can help even those undocumented or illegal gay, lesbian, and transgender immigrants who have been deprived of legal status for years. Those who have entered the United States illegally or overstayed their visas can legalize their status through a good-faith marriage to a U.S. citizen, if they receive appropriate I-601 waivers that forgive various types inadmissibility.

As new laws and legal issues regarding gay immigration rights continue to evolve, the LGBT attorneys at Oliver-Zhang Law are able to assist in legalizing same-sex immigration status.  Please contact us today for a free consultation.