Understanding The H1-B CAP, H-1B Fiscal Year, H-1B Registration, And H-1B Lottery

Megan Fischer • October 10, 2024

The H-1B visa program allows US companies to hire foreign workers in specialty occupations. However, the H-1B program is subject to an annual cap, which has made it difficult for some employers to obtain the visas they need.


H-1B Cap

The H-1B program is subject to an annual cap of 65,000 visas, with an additional 20,000 visas available for those with a master’s degree or higher from a US institution. This cap applies to the number of visas issued each fiscal year. However, certain employers, such as nonprofit research organizations, are exempt from the cap.


H-1B Fiscal Year

The H-1B fiscal year runs from October 1st to September 30th of the following year. Each fiscal year, the US Citizenship and Immigration Services (USCIS) begins accepting H-1B petitions on April 1st for employment that will begin on October 1st of the same year. Employers can file H-1B petitions up to six months before the requested start date.


H-1B Registration

Starting in 2020, the USCIS introduced a new H-1B registration system. Employers are required to register electronically for each foreign worker they want to sponsor for an H-1B visa. The registration period typically runs from March 1st to March 17th. The USCIS then conducts a lottery to randomly select the number of registrations that exceed the H-1B cap.


H-1B Lottery

When the number of H-1B registrations exceeds the cap, the USCIS conducts a lottery to randomly select the number of registrations that will move forward in the H-1B application process on March 17th. The lottery is conducted for both the regular and master’s caps. The USCIS notifies employers whether their registrations were selected, and those who were selected can then proceed with filing their H-1B petitions.


By working with an experienced immigration attorney, employers can navigate the complexities of the H-1B program and increase their chances of successfully obtaining the visas they need. If you are an employer seeking assistance with H-1B visa sponsorship or navigating the complexities of the H-1B program, contact our experienced immigration attorneys at Taylor and Associates Law P.C. in Brooklyn today.

November 4, 2024
What Documents Are Required for a Residential Real Estate Transaction? Buying or selling a home is a significant milestone, and understanding the required documents can help ensure a smooth transaction. For both buyers and sellers, a residential real estate transaction involves a variety of legal documents that define the terms of the sale, protect each party’s interests, and ensure compliance with local laws. At Taylor & Associates Law, PC, we assist the Brooklyn public with all aspects of real estate transactions, guiding you through each step with confidence. Essential Documents for a Residential Real Estate Transaction Whether you're the buyer or the seller, here are the key documents you’ll likely encounter during a residential real estate transaction: 1. Purchase Agreement The purchase agreement is a legally binding contract between the buyer and seller, outlining the terms of the sale. This document includes essential details such as the purchase price, closing date, and any contingencies (e.g., home inspection, financing, or appraisal). Both parties must carefully review the purchase agreement, as it forms the foundation of the transaction. 2. Property Deed The property deed is the official document that transfers ownership of the property from the seller to the buyer. At closing, the seller signs the deed to transfer legal ownership, and it is then recorded with the local county clerk or recorder’s office to make it part of the public record. There are different types of deeds, such as warranty deeds and quitclaim deeds, each offering varying levels of protection for the buyer. 3. Title Documents Title documents ensure that the seller has legal ownership of the property and the right to transfer it. As part of the transaction, a title search is conducted to check for any liens, encumbrances, or other issues that may affect ownership. Title insurance is also often obtained to protect the buyer (and lender, if applicable) against future claims related to title issues. 4. Loan Documents (for Buyers) Buyers who finance their purchase with a mortgage will need to complete several loan-related documents. These include the mortgage agreement, promissory note, and various disclosures. The promissory note outlines the loan’s terms, while the mortgage agreement grants the lender a security interest in the property until the loan is repaid. Buyers should review all loan documents carefully and consult with their lender if they have questions. 5. Disclosure Statements In many jurisdictions, sellers are required to provide disclosure statements detailing any known issues with the property. These may include information about structural problems, environmental hazards, or recent repairs. The purpose of disclosure statements is to inform the buyer of the property’s condition and help avoid disputes after the sale. Buyers should review these disclosures thoroughly before proceeding with the purchase. 6. Inspection Report While not always required, an inspection report is highly recommended for buyers. This report provides an in-depth evaluation of the property’s condition, identifying any potential issues with the structure, electrical systems, plumbing, and more. If the inspection reveals significant concerns, the buyer may negotiate repairs with the seller or adjust the terms of the purchase agreement. 7. Closing Statement The closing statement, also known as the settlement statement or HUD-1, is a detailed breakdown of the financial aspects of the transaction. It lists all costs, credits, and payments associated with the purchase, including the purchase price, loan fees, taxes, and closing costs. Both the buyer and seller receive a copy of the closing statement, which they should review closely to ensure accuracy. 8. Homeowners Association (HOA) Documents (if applicable) If the property is part of a homeowners association, the buyer may be required to review the HOA’s governing documents, including bylaws, covenants, conditions, and restrictions (CC&Rs). These documents outline the rules and regulations that apply to properties within the association, as well as any fees or assessments. 9. Property Tax Receipts and Utility Bills Sellers may be asked to provide recent property tax receipts and utility bills as part of the transaction. This helps the buyer understand the ongoing costs associated with the property and ensures that any outstanding balances are settled before the sale. The Importance of Legal Assistance in Real Estate Transactions Completing a residential real estate transaction involves careful attention to detail and thorough review of each document. Even small mistakes or omissions can lead to significant issues later on. Working with an experienced real estate attorney can help protect your interests, avoid potential disputes, and streamline the process. How Taylor & Associates Law, PC Can Help At Taylor & Associates Law, PC, we understand the complexities of real estate transactions and are dedicated to providing exceptional service to the Brooklyn community. Whether you are buying or selling a home, our team can assist you with document preparation, review, and negotiation, ensuring a smooth transaction from start to finish. For trusted guidance on all your real estate needs, contact Taylor & Associates Law, PC today to learn how we can support you through every step of the process.
November 4, 2024
What Is the Difference Between a Will and a Trust? Estate planning is an essential step for anyone looking to protect their assets and provide for their loved ones after they’re gone. Two of the most common tools for estate planning are wills and trusts, each serving a unique purpose in the process. Understanding the difference between these two documents is key to making informed decisions about your estate. At Taylor & Associates Law, PC, we assist the Brooklyn community with all aspects of estate planning, helping you choose the best options for your specific needs. What is a Will? A will is a legal document that outlines your wishes for the distribution of your assets upon your death. It allows you to designate beneficiaries for your property, name a guardian for minor children, and specify other final wishes. Key Characteristics of a Will: Goes into effect after death: A will only takes effect after the person’s passing. During your lifetime, you can amend or revoke it as circumstances change. Probate Process: Wills must go through probate—a court-supervised process that ensures the will is valid, settles debts and taxes, and distributes assets as specified. This process can sometimes be time-consuming and costly, depending on the complexity of the estate. Public Record: Because wills go through probate, they become public record, meaning that anyone can view the details of your estate plan. Wills are a straightforward way to communicate your wishes and ensure that your loved ones are provided for after you pass. However, the probate process and public nature of wills may not be ideal for everyone. What is a Trust? A trust, on the other hand, is a legal entity created to hold and manage assets on behalf of your beneficiaries. There are various types of trusts, but one of the most commonly used is a revocable living trust, which allows you to manage your assets during your lifetime and make changes as needed. Key Characteristics of a Trust: Takes effect during your lifetime: Unlike a will, a trust can be set up and funded while you are alive. A revocable living trust, for example, allows you to retain control over your assets and make adjustments as necessary. Avoids Probate: Trusts generally do not have to go through probate, which can save time and costs, and keeps your estate matters private. The trustee you appoint can distribute assets directly to your beneficiaries according to your wishes. Can be kept private: Since trusts are not required to go through probate, the details of your assets and beneficiaries remain private, providing additional confidentiality for your estate. Trusts offer flexibility and control, especially for those who want to avoid probate, maintain privacy, or establish specific conditions for the distribution of their assets. Choosing Between a Will and a Trust Both wills and trusts have unique benefits, and the best choice depends on your specific circumstances and goals. For example: Wills are typically sufficient for people with simple estates and straightforward wishes. They’re also ideal for appointing a guardian for minor children. Trusts are beneficial for individuals with larger or more complex estates, or for those who want to avoid probate and ensure privacy. Trusts can also be useful if you wish to set conditions on inheritance, such as staggered distributions to beneficiaries over time. Many people choose to incorporate both a will and a trust into their estate plan, using each document to fulfill different goals. Let Taylor & Associates Law, PC Help with Your Estate Planning Needs Estate planning is a deeply personal process, and our team at Taylor & Associates Law, PC is here to help you navigate it with confidence. Whether you are considering a will, a trust, or a combination of both, we provide the knowledge and experience needed to develop a comprehensive plan tailored to your unique needs and goals. Serving the Brooklyn community, we are dedicated to helping you protect your assets and secure your family’s future. Contact Taylor & Associates Law, PC today to learn more about our estate planning services and how we can assist you in crafting a plan that offers peace of mind. 
By Megan Fischer November 4, 2024
For school districts seeking to hire foreign teachers or other specialized personnel, the H-1B visa program provides a valuable option. However, the H-1B visa program is subject to an annual cap, which has made it difficult for some school districts to obtain the visas they need. Fortunately, an exemption from the cap is available for certain school districts. Understanding the H-1B Visa Program For School Districts The H-1B visa program allows US companies to hire foreign workers in specialty occupations, such as teachers or other specialized personnel. To be eligible for an H-1B visa, the foreign worker must have a bachelor’s degree or higher or equivalent work experience. Additionally, the position must be considered a specialty occupation requiring the foreign worker’s specialized knowledge. The H-1B visa program is subject to an annual cap of 65,000 visas, with an additional 20,000 visas available for those with a master’s degree or higher from a US institution. In recent years, the demand for H-1B visas has exceeded the cap, making it difficult for some school districts to obtain the visas they need to hire foreign teachers and other specialized personnel. Exemption From the H-1B Visa Cap for School Districts Certain school districts affiliated with a nonprofit entity can be exempted from the H-1B visa cap, which applies to initial petitions and extensions. To qualify, the school district must prove its nonprofit status and primary purpose to provide educational services directly to students. How School Districts Can Take Advantage of the H-1B Visa Exemption School districts affiliated with nonprofit entities can benefit from the H-1B visa exemption, allowing them to hire foreign teachers and specialized personnel without the annual cap. These districts can seek assistance from an experienced immigration attorney to navigate the program’s complexities, meet eligibility requirements, and file necessary paperwork. An attorney can ensure that the school district takes full advantage of the exemption and secures the visas it needs to provide high-quality education to its students. With the help of an attorney, school districts can successfully obtain H-1B visas and hire the qualified personnel they need to provide excellent education services. If your school district requires foreign teachers or other specialized personnel, contact our immigration attorneys at Taylor and Associates Law P.C. in Brooklyn today to learn more about how we can help. 
October 17, 2024
What Documents Are Required to Apply for Naturalization? Navigating the path to U.S. citizenship can be a life-changing journey. For many immigrants, the naturalization process represents the culmination of years of hard work, dedication, and commitment to the United States. However, understanding the necessary documentation can be challenging. At Taylor & Associates Law, PC, we provide legal assistance to immigrants seeking to become U.S. citizens and help them ensure they have all the required documents for a successful application. Key Documents Required for Naturalization When applying for naturalization, the documents you’ll need to submit will vary depending on your unique circumstances. However, here are the core documents that most applicants must provide: 1. Form N-400, Application for Naturalization This form is the primary application for naturalization. It contains detailed information about your background, residency, and eligibility. It is essential to complete this form accurately, as any mistakes or omissions can lead to delays or even denial of your application. 2. Permanent Resident Card (Green Card) You will need to submit a copy of both the front and back of your Green Card. This document proves that you have been a lawful permanent resident of the United States for the required amount of time, typically five years, or three years if you are married to a U.S. citizen. 3. Passport-Style Photographs Depending on where you apply, you may be required to submit two passport-style photographs. These photos must meet specific requirements regarding size, background color, and overall quality. 4. Proof of Current Marital Status If you are married, you’ll need to submit a copy of your marriage certificate. Additionally, if you were previously married, you’ll need to provide documentation of the dissolution of those marriages, such as divorce decrees or death certificates for former spouses. 5. Proof of Military Service (if applicable) If you have served in the U.S. Armed Forces, you’ll need to provide documentation of your service. This may include your military discharge certificate (Form DD-214), which outlines the type of service, rank, and dates of service. 6. Certified Criminal Records (if applicable) Any applicant with a criminal record must provide certified court documents detailing the charges, outcomes, and current status of the case. Even minor offenses need to be disclosed, as failing to do so could lead to issues with your application.  7. IRS Tax Returns and Financial Documentation Tax records are essential, especially if you owe any taxes. Be prepared to submit copies of your IRS-certified tax returns for the past five years (or three years if married to a U.S. citizen). Additionally, if you have dependent children, you may need to show proof that you have financially supported them. 8. Proof of Selective Service Registration If you are a male applicant between the ages of 18 and 26, you may be required to register with the Selective Service and provide proof of registration. This requirement does not apply to non-U.S. citizens who were over 26 when they received their green card. Additional Documents for Special Cases While the documents above cover the essentials for most applicants, some situations call for additional paperwork. For example, if you are applying for naturalization under a special provision, such as military service or marriage to a U.S. citizen, there may be further requirements. Additionally, if you have traveled outside the U.S. frequently, you may need to provide detailed travel records. Get Expert Assistance with Taylor & Associates Law, PC At Taylor & Associates Law, PC, we understand the complexity of the naturalization process and are committed to guiding you every step of the way. Our team can help you gather the required documents, ensure your application is complete and accurate, and represent you throughout the naturalization process. Applying for U.S. citizenship is a significant step, and having the right legal support can make all the difference. Contact Taylor & Associates Law, PC today to learn how we can assist you on your journey to becoming a U.S. citizen.
By Megan Fischer October 10, 2024
The purchase or sale of a property can be complicated, and there are many legal considerations to think about. It is essential to choose the right legal team to service your real estate law needs. As a leading real estate law firm, Taylor & Associates Law P.C. has compiled this guide to help you choose the best real estate law firm for your needs. Local Real Estate Attorney Knowledge As a buyer or seller of a property, considering a local real estate attorney can provide a distinct advantage. An attorney who is familiar with the local real estate market will likely be knowledgeable about zoning restrictions, property taxes, and current legal trends in the area. Real Estate Law Services Offered When making a decision about choosing a law firm to handle your real estate needs, consider their areas of specialization. A full-service law firm that provides a wide range of legal services, including title review, real estate transactions, and litigation, will likely be better equipped to serve your needs. Expertise and Experience Real estate law is a complex field. Choosing an attorney who specializes in real estate law, with years of experience, can benefit you. A knowledgeable attorney will know how to handle even the most complex real estate law issues and navigate existing regulations in the process. It’s vital that you research the expertise, experience, and credentials of the law firm and its staff before hiring an attorney. Client Satisfaction Client satisfaction is of the utmost importance. Choosing a law firm with a reputation for providing excellent service and client satisfaction is the key to a successful real estate transaction. An excellent way to gauge the quality of service is to read reviews from past clients and view testimonials on the law firm’s website. Choosing the right real estate law firm is crucial in ensuring that your real estate transaction goes smoothly. Taylor & Associates Law P.C. is committed to providing efficient and cost-effective legal solutions to its clients, with a focus on a client-centric approach. If you need any legal assistance with your real estate needs, please reach out to our team for an expert consultation. 
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