Docketwise 2024 Year in Review: Cheers to a Year of Your Greatness!

From Our CEO: A Message to You

As 2024 draws to a close, AffiniPay is proud to reflect on another impactful year for our customers. For 20 years, we have provided professionals with integrated payments, legal practice management software, and embedded fintech solutions. With customers at the heart of everything AffiniPay does, 2024 was a year of celebrating our customers' success and firm growth. 

‍On behalf of the entire AffiniPay team, thank you for trusting the company to support your growth and success. Your dedication to your business and clients inspires the team to expand, innovate, and launch new solutions that make a difference.

‍Sincerely,

Dru Armstrong
CEO of AffiniPay, parent company of Docketwise

Celebrating the Year of the Customer

At every step, you (our immigration legal professionals!) have always been at the heart of everything we do here at Docketwise. In 2024, we took our dedication to the next level, celebrating not only your successes but also the incredible milestones we’ve reached together. So, as we gear up for 2025, let’s look back at the memorable moments we’ve shared, highlighting the greatness we’ve achieved as a community. Thank you for being part of this journey!

2024 in Numbers: The Awesome Things You Did 

Every win in 2024 reflects your hard work and dedication. Let’s take a peek at some standout stats that made this year so memorable:

Staying Busy

You’ve kept your immigration law practice moving at full speed this year—tackling every project with efficiency and ease. Docketwise users created: 

• 716,483 cases
• 849,539 SmartForms
• 3,460 custom reports

With centralized tools for case management, reporting, and CRM, you stayed organized and efficient, bringing your A-game every day.

Keeping Clients in the Loop

We’re happy to help you manage your firm’s growing network of clients. This year, firms using Docketwise added 1,188,624 new contacts and sent 454,218 emails to keep your clients informed and engaged. You offered seamless communication experiences that kept everyone updated and connected, without compromising your personal time. 

Starting 2025 Off Right: Resources to Boost Your Practice

Here are some tools, tips, and exclusive offers to help you get a strong start to 2025:

Double Referral Bonus

As we celebrate your achievements this year, we’re thrilled to bring you exclusive offers that add even more value to your practice. Share the benefits of Docketwise with a colleague, and as our thank you, you’ll receive a $200 Visa gift card for every referral. It’s a simple way to extend the success you’ve experienced—and get rewarded for it!

Explore the Value of LawPay

If you’re looking to streamline your firm’s billing and payments, LawPay can help. Docketwise’s robust integration with LawPay makes billing, invoicing, and reconciliation easy, saving you the hassle of juggling multiple platforms for payments and practice management. Take our quiz to find out which LawPay feature will benefit you the most!

Plus, sign up for LawPay by the end of December 2024 and receive a $250 Visa gift card—a great addition to help support your practice’s growth.

Guides, Tips, and Best Practices

Set your practice up for success with resources from our library. From client satisfaction tips to profitability strategies, you’ll find what you need to build a stronger, future-ready firm.

• H-1B Documents Checklist: Dropbox, Filing, Stamping, and More

Get your H-1B visa process organized with this comprehensive checklist. The overview includes details on Dropbox, filing requirements, stamping, and more.

• Generative AI Tools for Immigration Law Firms

Learn how Generative AI is transforming immigration law firms and the key steps to ensure client data security and ethical standards are upheld.

• How to Write a Winning USCIS Cover Letter

Discover expert tips on how to write a winning USCIS cover letter. Make your client’s case stand out and improve your chances of success.

Explore our blog and subscribe to our newsletter for more insights and resources to equip your practice for a strong start to 2025!

Highlights from Docketwise’s 2024

To match your hard work, we’ve been enhancing Docketwise with tools designed to make your life easier and your firm more efficient. Here are some of the milestones we reached this year in our effort to support you.

63 New and Updated Features

This year, we introduced powerful new tools designed to simplify your firm’s operations and support your success more effectively than ever. Here are some highlights:

• E-Check Processing (via LawPay): Process e-check (ACH) payments seamlessly on Docketwise invoices through the LawPay integration.
• Mobile Responsiveness: Manage cases, communicate with clients, and stay productive on the go with a more mobile-friendly Docketwise web application.
• E-Filing for ETA-9035 & I-129: File key immigration forms electronically to reduce paperwork, minimize errors and streamline case processing. (Available to Pro and Advanced users).
• Translate Invoices to Spanish: Translate invoices directly through the Docketwise platform.
• Payment Plans 2.0: Create customized, recurring payment plans for your clients, including options that don’t require auto-charging.

And we’re not stopping there! Watch for even more exciting updates and innovations in 2025.

New Integration: MotaWord

Managing multilingual cases has never been easier, thanks to Docketwise’s new integration with MotaWord. This solution gives you access to certified, notarized translations of documents in more than 120 languages within hours, directly within the Docketwise platform. 

Check out our full slate of Docketwise integrations today. We’re dedicated to providing you with the flexibility to customize Docketwise for your unique needs, ensuring you have all the tools for your practice to thrive.

23 “Immigration Uncovered” Podcast Episodes 

Our “Immigration Uncovered” podcast offers valuable insights into the ever-evolving landscape of immigration law. Each episode dives into relevant issues for immigration attorneys, from policy updates to practice management tips. Recent topics include “Revolutionizing Translation with AI”, “The State of the Global Talent Race”, and “Understanding Nationality, Citizenship, and Statelessness.” This series is designed to keep you informed and prepared, helping you serve clients more effectively.

4 Events Attended

This year, we attended some incredible events—both in-person and virtual—from conferences and webinars to local meet-ups. The AILA Annual Conference in Chicago was a standout highlight, featuring our own James Pittman, Niki Black, and Gabriela Cubeiro speaking on the topic “The Future of Immigration Law: Leveraging Technology Trends.” We were also honored to host the first-annual AffiniPay Virtual Legal Seminar, bringing industry thought leaders together to discuss the future of law. These gatherings allowed us to connect with you directly, share ideas, explore new solutions, and hear firsthand what matters most to your practice. We look forward to meeting more of you in 2025!

New G2 Badge: “Users Love Us”

This year we were awarded G2’s “Users Love Us” badge, a testament to how much our customers value the solutions that Docketwise provides. It’s an honor to be recognized, and we’re incredibly grateful for our amazing customers and partners. Thank you for helping us achieve this milestone! 

Here’s to an Even Greater 2025!

To every Docketwise customer, thank you for an incredible 2024! You’ve set the bar high, and we’re thrilled to continue this journey together. Here’s to more milestones, more celebrations, and, of course, even more greatness in the year ahead. 

Here’s to your success in 2025 and beyond! 

Legal practices are no strangers to information overload. Cases can grow increasingly complex, deadlines tighten, and the sheer volume of documents can feel overwhelming. 

Sometimes, a litigation matter involves documents with a myriad of fields—with each one requiring analysis and input. Traditionally, this would necessitate countless hours of manual review. However, by leveraging legal automation into workflows, legal professionals can significantly reduce the time dedicated to these essential, yet time-consuming, tasks.

In this article, we will explore how a strategic approach to legal automation can empower professionals to tackle the complexities of modern practice and deliver exceptional results.

Challenges with Manual Workflows for Lawyers

Reliance on manual workflows presents a significant impediment to optimal performance. Legacy processes, often characterized by paper-based systems and labor-intensive tasks, create bottlenecks that can hinder productivity and strain law firms' resources. For instance, an immigration law firm manually collecting client information for DS-160 forms might rely on paper forms or email exchanges. A paralegal then re-enters this data into the online form, often double-checking for errors or missing details. This process is time-consuming and prone to mistakes, leading to delays in submissions.

As a result, manual workflows often leave legal professionals with limited capacity for strategic planning, client development, and knowledge enhancement—ultimately hindering both individual and organizational growth. Additionally, time-consuming manual workflows can contribute to lawyer burnout, diminishing job satisfaction and overall well-being.

The Benefits of Legal Workflow Automation

Legal workflow automation helps simplify and streamline legal tasks such as document creation, legal form filling, time management, client intake, deadline management, and client communication. 

By handling these administrative processes, automation allows lawyers to focus on more critical responsibilities, including crafting case strategies, providing client counsel, and effectively supporting their teams.

In addition, these tools enhance accuracy and ensure compliance in filings while offering valuable insights into case data. With these benefits working together, firms can operate more efficiently and deliver a client experience that feels both personalized and professional. 

Steps to Automate Legal Workflows

Transitioning from manual to automated workflows requires a strategic approach. Below is a roadmap and tips for better law practice management and automation.

1. Identify Automation Opportunities

Begin by carefully examining your current workflows to identify tasks that are repetitive, time-consuming, and prone to human error as these are ideal candidates for automation. 

Consider processes like document assembly (generating standard legal documents like contracts and pleadings), legal forms, client intake, and onboarding, calendar and deadline management, billing and invoicing, and even legal research. 

2. Choose the Right Tools

Selecting the right workflow automation tools is crucial for success. The best tools provide a centralized hub for managing all aspects of a law firm's operations, including client intake, case management, billing, and reporting. Some even offer robust features for automating client communications, task management, and document automation, enabling any law firm to streamline workflows and enhance productivity.

When evaluating software options, consider tools that specialize and benefit your firm’s specific practice area and unique needs. For example, immigration lawyers can benefit most from software tools that automate immigration form filling.

Once you have narrowed down your search, schedule a demo and test out the features so your firm can ensure that the software tool is easy to implement and boosts efficiency.

3. Build Effective Workflows

Once you've identified automation opportunities and selected the appropriate tools, the next step is to design efficient workflows. 

This involves defining clear triggers that initiate an automated workflow (e.g., a new client signing an engagement letter), outlining the specific steps within the workflow (including both automated and manual actions), and integrating automated actions using your chosen software. As a legal workflow example, automation can simplify the client intake process. When a prospect fills out an online intake form, the system can automatically capture their details, check for conflicts, and create a new client record in your case management software. From there, it can generate a personalized engagement letter and send it via email for e-signature. Once signed, the system updates the client file and triggers the next steps, such as scheduling an initial consultation or assigning the case to a team member.

4. Thoroughly Train Your Team

Successful automation implementation hinges on user adoption. Invest time in comprehensive training to ensure your team understands how to use the new tools and workflows effectively. Provide clear instructions, hands-on practice, and ongoing support to address any questions or challenges.

Also, encourage feedback from your team to identify areas for improvement and ensure the automation process aligns with their needs and preferences.

5. Review & Optimize Processes

Automation is an ongoing process of refinement. Regularly review your automated workflows to assess their effectiveness and identify areas for optimization. Track key metrics such as time savings, error reduction, and client satisfaction to measure the impact of automation. 

Solicit feedback from your team and clients to identify any pain points or areas where further automation could enhance efficiency and improve service delivery.

Will Legal Workflow Automation Replace Lawyers?

While legal workflow automation offers immense value in streamlining repetitive tasks, it is unlikely to replace lawyers. Automation excels at handling administrative and document-intensive tasks—allowing legal professionals to focus on more nuanced responsibilities(such as complex legal analysis, client advocacy, and strategic planning).

Overall, automation serves as a powerful complement to lawyers—enhancing productivity and accuracy without supplanting the critical judgment and expertise that lawyers bring to their work. Rather than replacing lawyers, automation will enable them to deliver more efficient and client-centered legal services by offloading routine tasks

Legal Workflow Automation Examples for Immigration Law Firms

Immigration law involves complex forms, strict deadlines, and extensive documentation. 

With the right legal practice management software, here are a few examples of tasks that can be automated so attorneys can focus on more complex casework. 

Immigration Forms 

Immigration forms require extreme precision, as even minor mistakes can lead to rejections or delays. Docketwise automates form preparation with intelligent forms that auto-populate with client data pulled directly from your system. Instead of manual data entry across multiple forms, client details are entered once and used throughout the process. This reduces the chances of human error and ensures consistency. Additionally, Docketwise offers regularly updated forms to reflect the latest government requirements, giving lawyers peace of mind. 

Immigration Case Status Tracking

Keeping clients in the loop about their case status is critical to building trust and maintaining transparency. Docketwise automates this process with real-time USCIS case tracking. Clients can log into their secure portal to view the latest updates on their cases, check document requests, or monitor timelines. 

The system can also be configured to send automated email notifications at key milestones—such as when a visa application is filed, when a request for evidence (RFE) is issued, or when approval is received. This reduces the number of inbound inquiries from clients asking for updates—freeing up your team’s time while keeping clients informed and satisfied.

Case Stage Progression 

The best automated legal workflow processes ensure cases seamlessly progress through each stage. For example, when a case status changes to "Ready to File," a good automation system would automatically generate the required forms and notify the responsible attorney.

Client Communication 

The right software solution can automatically send welcome emails, reminders for appointments or documents, and case updates—saving time and ensuring consistent communication.

Task Management and Collaboration 

Good software also offers additional benefits, such as task assignment, deadline tracking, and progress monitoring. Automated workflows can assign tasks based on case stage or client status, ensuring nothing is missed and promoting team collaboration.

Legal Matter Management 

Managing law immigration efficiency can be complicated, as each matter type requires a specific set of steps and deadlines. Docketwise simplifies this by providing pre-built workflows tailored to various "matter types" (e.g., family-based petition, asylum, and employment Vvsa) and case "statuses" (such as "application filed," "awaiting documentation," or "approval pending"). These workflows help teams efficiently track cases as they move through each phase. Lawyers can also customize workflows to fit their firm’s needs, adding triggers for automated actions—such as generating forms when the status changes or sending reminder emails to clients before deadlines. This ensures nothing slips through the cracks and that cases move smoothly from start to finish.

Task Management 

With streamlined task management workflows, your firm can ensure that every task related to an immigration case is assigned, tracked, and completed on time. Team members can be assigned specific tasks with due dates, and the system will send automated reminders to ensure deadlines aren’t missed. 

Task dependencies can also be created, meaning some tasks won’t trigger until others are completed. Progress tracking features allow for better collaboration and accountability, so everyone stays on the same page. With these tools, immigration lawyers can avoid missed deadlines, keep their teams aligned, and manage caseloads more efficiently.

Streamline Your Practice with Docketwise

Docketwise is a comprehensive law firm workflow automation solution designed specifically for immigration lawyers. It offers immigration form automation, USCIS case tracking, customizable workflows, automated document generation, a secure client portal for seamless communication, and robust case management tools. These workflow automation features save immigration lawyers hundreds of hours that would otherwise be spent on manual work—freeing them up to focus on strategic initiatives and providing the best client experience possible. And with Docketwise IQ, you can generate perfect documents, analyze cases with ease, and get instant answers to complex immigration questions.

Ready to transform your immigration practice? Schedule a demo and start your free trial of Docketwise today!

Client intake for law firms is the process of gathering information from a potential client and determining whether to represent them. This stage sets the tone for the entire lawyer-client relationship. 

A smooth, efficient, and welcoming intake process can make clients feel heard, understood, and confident in the law firm's abilities. Conversely, a disorganized or impersonal intake can leave clients feeling frustrated and doubtful, potentially leading them to seek representation elsewhere. 

In this article, we’ll go over effective client intake strategies and equip you with ten actionable tips to help optimize your legal practice and foster valuable client connections.

The Importance of a Streamlined Legal Client Intake Process

A streamlined client intake process is a foundation for successful attorney-client relationships. For lawyers, this translates to increased efficiency by reducing administrative burden and freeing up time for billable work.

However, a chaotic or impersonal intake can frustrate clients, leaving them with doubts about the firm’s capability and commitment. Missed steps or slow responses may lead clients to feel ignored, causing them to reconsider their choice of representation altogether. A poorly managed intake also increases the likelihood of overlooking crucial information. This can result in compliance issues or legal missteps down the line.

From the client's perspective, a smooth and welcoming intake experience instills confidence and trust in the firm's professionalism. Clear communication about fees, processes, and potential outcomes helps lawyers manage client expectations from the outset. Overall, more efficient procedures enable quicker responses to inquiries and faster case evaluations. 

Stages of the Legal Client Intake Process

Client intake consists of a series of stages designed to gather information, assess the case, and ensure alignment between parties.

1. Initial Contact

The client intake process begins when the potential client first contacts the law firm, whether by phone, email, or website form. This initial interaction is an opportunity to gather basic information about the client and their legal issue.

2. Gathering Detailed Information

After initial contact, the firm collects more comprehensive information, including personal details, relevant documents, and a full account of the legal matter. This is typically done through questionnaires, interviews, or secure online forms.

3. Conducting a Conflict Check

A thorough conflict check is conducted to ensure that representing the potential client does not create any ethical or legal conflicts with current or past clients. Lawyers assess the information gathered to evaluate legal options, potential outcomes, and the case’s likelihood of success.

4. Discussing Legal Fees

Transparent communication about legal fees is crucial at this stage. The firm explains its fee structure, billing practices, and any additional costs. If both parties agree to move forward, they establish a formal engagement agreement, outlining the scope of representation, responsibilities, and terms of the attorney-client relationship.

5. Client Onboarding

The client is then onboarded, which includes setting up communication channels, providing access to client portals, and introducing them to the legal team.

Best Practices for Legal Client Intake 

A seamless, efficient, and client-focused intake process not only makes a positive first impression but also sets the stage for a productive legal journey. 

Below are 10 expert tips, enriched with insights from industry best practices and competitor analysis, to achieve the best legal intake process possible.

Prioritize Efficiency and Transparency

Efficiency and transparency are the cornerstones of a successful intake process. Streamline every step to minimize friction and ensure a smooth journey for your clients. For example, you can add chatbots to your site, or automate email responses to gather information.

To further enhance transparency, develop a client-focused FAQ section that anticipates common questions and empowers clients to find answers quickly.

Use Client Intake Software 

Technology can streamline your legal intake process—making it more efficient, convenient, and client-friendly. For instance, seek software solutions that provide online intake forms with conditional logic that can be implemented to gather necessary information quickly and efficiently—adapting to client responses in real-time.

In addition, the best client intake software integrates automated scheduling tools that sync with your team's calendars—eliminating the need for time-consuming back-and-forth emails with prospects. Also, choose technology that integrates seamlessly with your existing practice management software to streamline workflows and create a centralized hub for client data. 

Furthermore, solutions, like Docketwise, offer e-signatures for documents to expedite the onboarding process and reduce paper waste—enhancing convenience for both you and your clients. Finally, ensure your online forms and communication tools are optimized for mobile devices to cater to clients who access information on their smartphones.

Personalize the Client Journey

Tailor your legal intake process to your client's specific needs and circumstances to show them that you value their individuality. 

For example, you can craft personalized welcome packets that outline your firm's policies, procedures, and client expectations, creating a sense of exclusivity and care. Use visual aids like charts, diagrams, or videos to explain complex legal processes or fee structures in a clear and accessible manner—ensuring clients feel informed and empowered. 

To make the process more efficient, segment clients based on their referral source and tailor your communication strategy accordingly. For instance, you can provide clients with relevant articles, blog posts, or videos related to their legal issues, demonstrating your expertise and commitment to their case.

Build Authentic Relationships with Clients

The intake process is an opportunity to build rapport and establish a foundation of trust. Go beyond simply gathering data and focus on creating genuine connections with your clients. Practice active listening, empathy, and a genuine concern for their situation. Encourage your team to utilize active listening techniques, such as paraphrasing and summarizing, to ensure they fully understand the client's perspective. 

Also create a welcoming and comfortable environment, whether virtual or in-person, that fosters open communication and encourages clients to feel heard and understood. Implement client feedback mechanisms and follow up with personalized thank-you notes to show appreciation and reinforce your commitment.

Communicate with Clarity and Consistency

Maintain open and consistent communication throughout the intake process to build client trust and manage expectations. Respond promptly to inquiries, provide regular updates, even if there are no significant developments in their case, and utilize automated reminders to keep clients informed about upcoming appointments or deadlines. 

You can also offer access to a client portal for easy, secure exchanges of case documents and communication with the legal team.

Champion Client-Centricity

Design your intake process with the client at the center, prioritizing their needs and convenience. Offer multiple options for providing information—online, via email, or in-person—to cater to their preferences and circumstances. 

Provide clear instructions and readily available support resources to empower clients and guide them through the process, ensuring they feel comfortable and informed every step of the way. Also, it offers flexible appointment scheduling options to accommodate clients' busy schedules.

Ensure Data Security and Confidentiality

Handle all client information with the utmost care and comply with all data privacy regulations. Utilize secure online forms and implement strict data security protocols to prevent unauthorized access or breaches. Educate your team on data privacy best practices to ensure compliance, maintain client trust, safeguard sensitive information, and uphold ethical standards. 

Clearly communicate how client data will be used and obtain their explicit consent before collecting or sharing any information. Also regularly review and update security protocols to ensure ongoing protection.

Train Your Legal Team for Client Intake

Your team is the face of your firm, and their interactions with clients shape the overall experience. Invest in comprehensive training for all staff involved in the intake process—ensuring they understand the importance of professionalism, empathy, and efficiency in providing a positive client experience. 

Provide ongoing training and support to keep them updated on best practices and address any challenges they may face, fostering a culture of continuous learning and development. Your firm can even create a client service charter and recognize and reward staff members who consistently provide outstanding client service.

Cultivate a Culture of Continuous Improvement

Continuously seek feedback from clients and staff to identify areas for improvement in your intake process. Implement client satisfaction surveys to gather valuable insights into their experience and identify areas where you can enhance their journey. Also conduct regular internal reviews with your team to brainstorm solutions and implement changes that enhance efficiency and client satisfaction—fostering a culture of continuous improvement and client-centricity. Finally, regularly benchmark your intake process against industry best practices and embrace innovation to stay ahead of the curve.

Anticipate Client Needs

Strive to exceed client expectations at every step of the intake process. Offer proactive support, anticipate their needs, and provide personalized attention to foster a sense of value and care. By going above and beyond, you not only create a positive first impression but also lay the foundation for a strong, lasting, and mutually beneficial attorney-client relationship—setting your firm apart as a leader in client service and satisfaction. Also consider offering pro bono services to demonstrate your commitment to the community and develop a client appreciation program to foster loyalty.

Immigration Client Intake: Automate Your Process

Efficient client intake is crucial for immigration law firms. Attorneys need to gather specific information about a client's immigration history, family ties, and employment background to determine the best path to legal residency. This includes details about past applications, current status, deportation history, and criminal records. Family information is also key, encompassing marital status, spouse and children's details (including their immigration status), and any relatives who are U.S. citizens or green card holders. Additionally, employment history, skills, and education are relevant factors.

Multilingual intake forms and software are essential to ensure clear communication and accessibility for clients from diverse backgrounds.

Specialized immigration law software can help streamline this process by automating data collection, customizing forms, and centralizing client files. This reduces errors, saves time, and allows attorneys to focus on providing the best legal counsel.

Docketwise Streamlines Client Intake for Immigration Lawyers

An efficient intake service for law firms ensures that potential clients receive timely and professional responses. 

Docketwise is a comprehensive case management software designed specifically for immigration lawyers. It simplifies and automates many of the tedious tasks associated with client intake—freeing up attorneys to focus on providing high-quality legal counsel.

Here's how Docketwise helps create customized intakes for attorneys in the immigration field:

• Custom intake forms: Docketwise's Smart Forms feature allows you to create customized intake forms tailored to different immigration case types. This ensures you gather all the necessary information upfront, whether for family petitions, employment visas, or asylum cases.
• Automated immigration forms: Docketwise auto-populates United States Citizenship and Immigration Services (USCIS) forms with information gathered during client intake. This eliminates manual data entry, reduces errors, and saves valuable time.
• Multilingual support: Docketwise offers multilingual intake forms and client communications—making it easier to serve clients who speak different languages. This feature enhances accessibility and improves communication with a diverse clientele.
• CRM System: Docketwise serves as a full-featured customer relationship management (CRM) system that’s specifically tailored for immigration law firms. It centralizes client management by storing all client data in one place—ensuring streamlined case tracking, efficient appointment scheduling, and consistent communication management.

Take the word from those who have seen incredible benefits. As Immigration Attorney Hiedy Marcus said: “It makes me more efficient and I am working smarter, not harder.”  Ready to transform your client intake process? 

Schedule a demo today and discover how Docketwise can improve your immigration law firm processes.

The H-1B visa program is one of the most popular nonimmigrant visa categories in the United States. It allows U.S. businesses to hire foreign workers in specialty occupations that require theoretical or technical expertise. 

In this article, we’ll discuss all the subtle differences between these two processes to help employers and employees make informed decisions.

H-1B Visa Landscape: An Overview

Specifically designed to bridge the gap in specialized fields where domestic talent may be scarce, the H-1B visa allows companies to hire foreign workers with the necessary expertise to drive innovation and growth. 

These roles, classified as "specialty occupations," typically require a bachelor's degree or higher, and encompass a wide range of fields, from technology and engineering to advanced healthcare and finance.

To obtain an H-1B visa, foreign nationals can pursue two main avenues:

• Change of status (COS): This option is available to individuals already in the U.S. holding a different visa status (e.g., an F-1 student visa). COS allows them to transition to H-1B status without departing the country.

• Consular processing (CP): This pathway is designed for those residing outside the U.S. or those who require a visa stamp to enter and work in H-1B status. CP entails applying for the visa at a U.S. embassy or consulate in the applicant's home country.

Advantages of Consular Processing

H-1B consular processing allows applicants to initiate the process from their home country and arrive in the U.S. fully authorized to commence work. Moreover, this pathway grants significant travel freedom. Once the H-1B visa is stamped in the passport, individuals can seamlessly travel in and out of the U.S. throughout the visa's validity, eliminating the need for repeated visa applications. 

Another key advantage is the control it affords over the employment start date. Beneficiaries can strategically align their visa application and travel plans with their intended start date. This process helps them transition into their new professional roles and meet any commitments or deadlines tied to their employment. Lastly, the visa stamp itself serves as tangible proof of H-1B status—proving useful when interacting with authorities or traveling within the U.S.

Disadvantages of Consular Processing

While offering numerous benefits, consular processing also presents certain challenges. Applicants must travel to a U.S. embassy or consulate in their home country for a mandatory visa interview. This process can entail significant financial costs and time commitments. 

The visa interview itself also carries the inherent risk of denial if the consular officer harbors concerns regarding the applicant's qualifications, the legitimacy of the job offer, or other pertinent factors. Compared to the change of status process, consular processing generally involves a more complex procedure with additional steps, which can prove challenging for those unfamiliar with U.S. immigration procedures. It also often necessitates the guidance of an experienced immigration attorney.

H-1B Consular Processing vs. Change of Status: Key Differences

Consular processing and change of status cater to distinct applicant circumstances and needs. Consular processing is typically required for those residing outside the U.S. or those within the U.S. who require a visa stamp to legally work. In contrast, a change of status is designed for individuals already present in the U.S. on a visa that permits a transition to H-1B status.

A key distinction lies in the necessity of a visa stamp, which is mandatory for consular processing but not required for a change of status. Furthemore, while consular processing allows for travel flexibility during the application process, change of status generally restricts international travel—as departing the U.S. may be considered an abandonment of the application.

Processing times also vary, with consular processing potentially taking longer due to visa interview scheduling and possible consular delays. On the other hand, a change of status, though generally faster, can be subject to the United States Citizenship and Immigration Services (USCIS) processing backlogs. 

Lastly, consular processing involves a visa interview at a U.S. consulate, while a change of status is adjudicated by USCIS within the U.S. without an interview.

All in all, for those eligible for a change of status, consular processing may be the more strategic choice in certain situations. It's essential when the applicant resides outside the U.S. or requires the ability to travel internationally during the H-1B process or after visa approval. Additionally, some individuals may simply prefer the tangible assurance of a visa stamp in their passport as concrete evidence of their H-1B status. 

Furthermore, if the U.S. consulate demonstrates faster processing times compared to USCIS for change of status applications, consular processing can expedite the overall timeline.

Key Stages of H-1B Consular Processing

1.Petition Filing with USCIS

First,  the employer and their immigration lawyer will need to work together to file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. A successful petition requires gathering the necessary documentation and ensuring all requirements are met. Key tasks include:

• Labor Condition Application (LCA) approval: The employer works with the lawyer to submit an LCA to the Department of Labor (DOL)—ensuring it meets wage requirements and other employment conditions.
• Defining the specialty occupation: The lawyer helps the employer demonstrate that the job qualifies as a specialty occupation and requires a bachelor’s degree or higher in a specific field.
• Verifying the foreign worker’s credentials: The lawyer guides the employer in collecting the employee’s educational degrees, professional certifications, and any necessary credential evaluations.
• Employer-employee relationship: For cases involving third-party worksites or consulting arrangements, the lawyer ensures sufficient documentation (e.g., contracts, work orders, and end-client letters) to establish the employer-employee relationship and compliance with USCIS guidelines.

The lawyer also anticipates potential Requests for Evidence (RFEs) and advises the employer on strategies to reduce the likelihood of delays or denials.

2. Petition Approval and Notification

If USCIS determines that the petition meets all requirements and the foreign national is eligible for the H-1B visa, they will receive H-1 B consular notification. The employer will receive an approval notice (Form I-797), serving as official documentation of the approval. USCIS will also electronically notify the designated U.S. consulate or embassy about the approval.

3. DS-160 Online Nonimmigrant Visa Application

Once the petition is approved, the foreign national can begin the visa application process by completing the online DS-160, Nonimmigrant Visa Electronic Application. This form gathers comprehensive information about the applicant, including personal details, travel plans, education and work history, and security-related questions. Accuracy and consistency with the information provided in the H-1B petition are crucial when completing the DS-160.

4. Scheduling the Visa Interview

With the DS-160 completed, the next step is to schedule an interview at the designated U.S. consulate or embassy. This typically involves creating an online profile with the consulate, paying the visa application fee, and selecting an available interview appointment. Visa interview wait times can vary significantly, so it's essential to schedule the interview well in advance of the intended employment start date.

5. Engaging in the Visa Interview

The visa interview is a critical step where the consular officer assesses the applicant's qualifications, the legitimacy of the job offer, and other factors to determine whether to issue the visa. Thorough preparation is essential, and applicants should be ready to discuss the details of the job offer, their qualifications, and their reasons for wanting to work in the U.S. Familiarizing themselves with common visa interview questions and practicing their responses can significantly boost their confidence. 

Essential documents for the interview include a valid passport, the DS-160 confirmation page, the I-797 Approval Notice, the visa application fee payment receipt, photographs meeting consular requirements, and supporting documents like a resume/CV, degrees, transcripts, and letters of experience.

6. Visa Issuance and Travel to the U.S.

If the visa interview is successful, the visa will be stamped in the applicant's passport. The H-1B visa typically allows the individual to enter the U.S. up to ten days before the employment start date listed on the I-797 approval notice. 

Upon arrival in the U.S., the applicant will undergo inspection at a port of entry, where the Customs and Border Protection officer will confirm admissibility. Lawyers can assist by ensuring the applicant has relevant documentation, including the I-797 notice and offer letter, readily available for inspection.

Eligibility for H-1B Consular Processing

Consular processing is generally required for individuals who are not currently in the U.S. and in a position that allows for a change of status to H-1B. This includes individuals residing outside the U.S., those in the U.S. on a visa that does not permit a change of status to H-1B (e.g., a B-2 tourist visa), and individuals whose previous change of status applications have been denied.

Required Documentation for Consular Processing

While the specific documents required can vary slightly by the consulate, the essential documents typically include those listed in the "Visa Interview" section. It's crucial to consult the website of the specific U.S. consulate where the interview will take place to confirm the exact document requirements.

Managing H-1B Consular Processing: Essential Tips for Immigration Lawyers

Efficient and effective case management is crucial for the success of the H-1B consular processing. As a lawyer, you can follow these strategies to ensure success.

Leverage Automation for Efficiency

Utilize technology to automate tasks and streamline your workflow:

• Automated forms: Utilize smart form-filling software to auto-populate information from client profiles into required forms, such as the DS-160. This minimizes manual data entry, reduces errors, and saves valuable time.

• Case tracking software: Implement a robust case tracking system to manage your H-1B cases efficiently. A centralized platform allows you to track deadlines, automate reminders, and monitor case statuses in real time.

Streamline Document Collection

Implement a secure client portal to facilitate effortless document collection. Clients can easily upload essential documents, such as resumes, transcripts, and financial records—ensuring everything is readily accessible in a centralized and secure location.

Integrating this with an automated case-tracking system further enhances efficiency by automatically logging received documents and tracking deadlines.

Thoroughly Prepare Clients for a Visa Interview

Equip your clients with a comprehensive checklist of required documents and explain the purpose and relevance of each. Conduct mock interviews to familiarize them with the format and anticipate potential questions. Also, help them articulate clear and concise responses that highlight their qualifications and align with the H-1B petition.

Provide Regular Updates Throughout the Process

Maintain transparent and consistent communication with clients throughout the H-1B process. Provide regular updates on case progress, promptly address inquiries, and proactively manage expectations. Clearly explain the stages of consular processing, potential timelines, and possible outcomes.

Enhance Your Efficiency with Docketwise

Docketwise is a legal case management software designed specifically for immigration lawyers. It helps streamline the entire H-1B application process, including consular processing. Here's how it can help you:

• Simplify case organization: Centralize all client documents, perform a status check, and have an overview of all case information within a secure, easily accessible platform.
• Automate immigration forms tasks: Automatically fill out essential immigration forms like the DS-160 and I-129—ensuring accuracy and compliance. Docketwise pulls client information from a single questionnaire and uses it to automate immigration form filling.
• Improve client communication: Communicate with clients securely and efficiently through the platform’s secure client portal.
• Streamlined case tracking: Comprehensive case tracking keeps every detail organized and accessible, with automated notifications from the UCSIS on H-1B status updates.

With Docketwise, you can eliminate manual work, reduce errors, and free up time to focus on providing exceptional service to your clients. Experience greater efficiency and achieve consistently successful outcomes in your H-1B consular processing cases. Schedule a demo today and start working better and faster.

Temporary Protected Status (TPS) is a temporary immigration status that grants some Haitians protection from deportation and the ability to obtain a work permit.

For Haitians, TPS has been particularly important due to the ongoing political turmoil, rampant gang violence, and devastating humanitarian crisis that continues to grip the island nation.

In a significant development for the TPS Haiti program, the Biden administration announced an 18-month extension and redesignation of TPS for Haiti in June 2024.

This extension, running through February 3, 2026, offers continued protection for existing beneficiaries and opens a window for new applicants who meet specific eligibility criteria. In this article, we will briefly discuss the background of Haiti's political and humanitarian crisis,  elaborate on the TPS extension, and provide an overview of the TPS eligibility and application process.

Background on the Political and Humanitarian Situation in Haiti

The decision to extend and redesignate TPS for Haiti reflects urgent concerns surrounding ongoing turmoil in the country. Haiti remains locked in severe political instability, fueled by persistent government corruption and a weak rule of law—conditions which have left the nation vulnerable to unrest and pervasive violence. This instability has worsened since the assassination of President Jovenel Moïse in July 2021. Since this event has yet to be resolved, it’s left a significant power vacuum and heightened the country’s security crisis. This environment has further fueled gang violence, frequent kidnappings, and widespread insecurity, making basic movement perilous for ordinary citizens.

In addition to internal instability, U.S. federal court decisions have shaped TPS considerations for Haitians. The Ramos v. Nielsen and Saget v. Trump cases addressed challenges to the federal government’s TPS policies—with the former directly impacting Haitians by halting a planned termination of TPS. The rulings reinforced the necessity of TPS as a safeguard for individuals from countries facing extraordinary and temporary conditions. Furthermore, a district court injunction blocked efforts to end TPS in multiple countries, including Haiti, underscoring the need for protection due to unsafe conditions. 

Adding to these challenges, a dire humanitarian situation, exacerbated by natural disasters and economic hardship, has left millions in desperate need of basic necessities like food, water, and healthcare. Poverty is widespread, and economic opportunities are scarce—further contributing to the instability and hindering recovery efforts. These interconnected challenges make it unsafe for many Haitians to return home—highlighting the need for extending TPS protections.

Recent TPS Extension and Redesignation for Haiti

The Department of Homeland Security (DHS), under Secretary Alejandro Mayorkas, announced the extension and redesignation of TPS for Haiti on June 28, 2024. This decision was made to recognize the severe and persistent conditions in Haiti that prevent the safe return of Haitian nationals. 

The extension and redesignation provide continued protection for current TPS beneficiaries and also offer an opportunity for new applicants to gain TPS status. The recent extension grants an additional 18 months of TPS for Haiti, extending the designation until February 3, 2026. As things stand, current beneficiaries must have re-registered during the 60-day window, from July 1, 2024, to August 30, 2024. The re-registration period allows the United States Citizenship and Immigration Services (USCIS) to update records and ensure that beneficiaries still meet the eligibility requirements.

To qualify for TPS under this extension and redesignation, individuals must meet specific criteria:

• Nationality: Individuals must be a national of Haiti or a person having no nationality (who last habitually resided in Haiti).

• Continuous residence: Applicants must have continuously resided in the United States since June 3, 2024. This means maintaining a consistent presence in the U.S. without any trips abroad that would disrupt continuous residence.

• Continuous physical presence: Individuals must have been continuously physically present in the United States since July 29, 2023. This requirement emphasizes the need for an uninterrupted physical presence in the U.S. Brief, casual, and innocent departures may not interrupt continuous physical presence, but any absences should be carefully evaluated.

• Admissibility: Applicants must meet the general admissibility criteria for TPS and not be subject to any eligibility bars. This includes not having been convicted of any felony or two or more misdemeanors committed in the United States, and not being inadmissible under the immigration laws.

Eligibility and Application Process for TPS

To apply for or renew TPS Haiti, individuals must submit a complete application package to USCIS. This package should include Form I-821 (the application that establishes the applicant's eligibility for TPS) and Form I-765 (which is necessary for those seeking employment authorization). Along with these immigration forms, applicants are required to provide supporting documentation that proves their nationality, continuous residence in the U.S., and physical presence. Commonly accepted documents include passports, entry stamps, utility bills, lease agreements, and employment or school records.

Applicants may also need to attend a biometrics appointment at a USCIS Application Support Center (ASC) for identity verification. It's essential to advise clients that TPS Haiti processing times can fluctuate due to the volume of applications and the complexity of individual cases. Thus, submitting applications as early as possible within the designated registration period is advisable to minimize the risk of delays.

Notably, recent updates indicate that countries like Haiti and Sudan have been newly designated for TPS—providing fresh opportunities for clients who may have missed previous application windows. This development is particularly important for individuals affected by ongoing litigation surrounding earlier TPS designations, as these new designations offer a more secure path for obtaining TPS.

Immigration attorneys should ensure that their clients understand the importance of timely applications and stay updated on any changes in eligibility criteria or processing timelines. 

Impact of the 2024 Election on Haitian TPS

The election of President Donald Trump has introduced uncertainty regarding the future of Haitian TPS. During his campaign, President Trump expressed intentions to terminate TPS for Haitian nationals and initiate deportations. In October 2024, he stated, "Absolutely I’d revoke it and I’d bring them back to their country," specifically referring to Haitian migrants in Springfield, Ohio.

These statements have caused concern among Haitian communities in the U.S., leading to instances where Haitian migrants have left areas like Springfield due to fears of deportation.

While the DHS has extended TPS for Haiti until February 2026, the program's continuation is subject to the administration's policies. The President has the authority to terminate TPS designations, which could affect the legal status of Haitian nationals currently under the program.

How Immigration Lawyers are Affected by the TPS Extension

The TPS extension presents both opportunities and challenges for immigration lawyers. It requires them to be proactive in assisting Haitian clients and staying informed about the latest developments. Lawyers also need to carefully assess each client's situation to confirm they meet the continuous residence and physical presence requirements—which may involve reviewing passports, entry stamps, and other relevant documentation. 

They must also guide clients in compiling a complete application package (including Form I-821 and Form I-765) and supporting evidence such as copies of passports and visas, proof of residence like utility bills and lease agreements, and evidence of continuous physical presence (which could include school or employment records).

For new tips on Haiti TPS policies, lawyers need to stay informed and monitor any changes to processing times, procedures, or eligibility requirements by regularly checking the USCIS website and subscribing to relevant alerts. 

Resources such as the Department of Homeland Security website, USCIS website, and the Docketwise blog provide essential updates and insights on TPS policies and procedures.

Haiti TPS Processing Time and Fees

While USCIS strives to process applications efficiently, it’s experiencing delays across various categories, including TPS. Unfortunately, there's no precise timeframe for Haitian TPS applications. Attorneys should prepare clients for the possibility of extended processing times, which can vary based on individual circumstances and USCIS workloads.

Here's a breakdown of current fees for TPS Haiti applications (fees are subject to change so always check for the latest data on USCIS):

• Form I-821: $50 for initial application and $0 for re-registration
• Form I-765: $410 for online filing and $520 for paper filing
• Biometrics Fee: $85

Docketwise Supports Immigration Processes

With constant legal changes, immigration lawyers need robust case management processes to stay agile, ensure accuracy, and provide timely support to their clients.

Docketwise offers valuable tools for attorneys seeking to efficiently manage their Haitian TPS cases, including USCIS case tracking, immigration form automation, and client relationship management tools. Docketwise helps ensure that deadlines are met and clients receive comprehensive support.

Interested in learning more? Schedule a demo to start streamlining your immigration practice.

Form I-129 is one of the most important documents needed for the nonimmigrant U.S. visa application process and is used for a wide range of visa categories. This form, filed by employers with the United States Citizenship and Immigration Services (USCIS), is a key step in securing temporary work visas for their foreign employees.

In this article, we’ll provide guidance on how immigration lawyers can work with employers to complete Form I-129 and go over the necessary steps to ensure successful visa applications.

Understanding Form I-129

What is I-129? In a nutshell, Form I-129, known as a "Petition for a Nonimmigrant Worker," enables U.S. employers to hire global talent legally on a temporary work visa. The form aims to offer benefits to both employers and potential individuals seeking better career opportunities.

In the form, the employer provides information about themselves, the intended employment, and the details concerning the foreign worker.

Bear in mind that if the employee is already in the U.S. under a certain status, the lawyer can work with the employee to adjust or extend their status to meet the specific visa category the employer requests.

Visa Categories that Require Form I-129

Now, let’s take a look at which visa categories Form I-129 covers. 

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*Small employers and non-profits qualify for a reduced fee of $300 or are exempt, respectively.

Required Steps to Complete Form I-129

 Use this checklist below to ensure consistency when helping employers complete Form I-129.

1. Review the Most Recent Requirements for Form I-129

Immigration law and USCIS procedures are subject to change, so it's essential to begin the process with the most current information. Start by visiting the official USCIS website and locate the section dedicated to Form I-129, Petition for a Nonimmigrant Worker. Then, look for any recent announcements, news releases, or changes to the form's instructions that might be relevant to your petition. Pay close attention to the edition date on the form itself, as using an outdated version can cause delays. Also carefully review the filing requirements to understand the eligibility criteria, required supporting documents, and any specific procedures related to the nonimmigrant visa category you are applying for.

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2. Obtain a Certified Labor Condition Application (LCA)

If you are filing a petition for an H-1B visa for a specialty occupation, you'll need to take an important preliminary step. The Labor Condition Application (LCA) is a document employers must submit to the Department of Labor (DOL) to demonstrate that hiring a foreign worker will not negatively affect the wages and working conditions of U.S. workers. This is done electronically through the DOL's online iCERT system. The LCA requires detailed information about the offered position, including the wage, job duties, location, and the prevailing wage for that occupation in the area of intended employment. Once the DOL certifies the LCA, you will receive a certified LCA, which is a key supporting document for your H-1B petition.

3. Gather Client Information

Collect comprehensive information about the employer (petitioner) and the foreign national employee (beneficiary). This includes details about their respective backgrounds, contact information, and the specifics of the proposed employment. Also confirm the desired nonimmigrant visa category (H-1B, L-1, O-1, etc.) and gather all relevant details about the job offer, such as the job title, duties, salary, location, and duration of employment.

4. Complete Form I-129 with Precision 

Accuracy is critical when completing Form I-129. Download the latest version from the USCIS website and meticulously complete each section, referring to the instructions frequently.

Ensure all required fields are filled out correctly and that you provide detailed and accurate information about both the employer (the petitioner) and the foreign national employee (the beneficiary). This includes basic identifying information for both parties, such as names, addresses, and contact details. You'll also need to provide information about the employer's legal status and history, as well as the employee's qualifications and prior immigration history, if applicable. The form also requires specific details about the offered position, including job duties, required qualifications, salary, and work location. 

Finally, be sure to complete any sections or supplements that are specific to the visa category you are applying for. By providing complete and correct information, you can help ensure a smooth and efficient adjudication process.

5. Prepare Filing Fees

Always refer to the USCIS website for the most current fee schedule to ensure accuracy and avoid unnecessary delays in processing. In general, you will need to include fees for Form I-129 itself, a fraud prevention fee, and (in the case of H-1B petitions) an American Competitiveness and Workforce Improvement Act (ACWIA) fee that is used to support training for U.S. workers. Remember that your client has the option to request premium processing, which requires an additional fee but can significantly reduce the processing time. Fees are typically paid by check or money order and made payable to the U.S. Department of Homeland Security.

6. Assemble and Mail the Petition Package

After meticulously completing Form I-129 (gathering all necessary supporting documentation and preparing the correct filing fees), you are ready to assemble the petition package for your client. When organizing the documents, adhere to the following recommended order:

• Form I-129: The completed, signed Form I-129 should be placed at the top of the package.
• CLCA: In cases where it is required (such as H-1B petitions), include the certified LCA obtained from the U.S. Department of Labor (DOL).
• Supporting documents: This section should include all the necessary evidence to support your client's petition, such as the beneficiary's degrees, certifications, letters of experience, and any other documentation required for the specific visa category.
• Copies of required identification: Include clear photocopies of all required identification documents, such as passports and visas, for both the petitioner (your client) and the beneficiary.
• Filing fee checks: Place the checks or money orders for the filing fees at the very bottom of the package.

Supporting Documents for Form I-129

When submitting Form I-129, the required supporting documentation will vary based on the type of work visa you are applying for. 

Below are some common supporting documents and evidence that are needed:

1. Employment offer details: Include a formal letter from the U.S. employer outlining the job offer, including the job title, duties, salary, work location, and the expected duration of employment. The letter should also confirm the applicant’s qualifications for the role.

2. LCA: For visas like H-1B and E-3, a certified LCA from the DOL must be submitted to demonstrate that the employer will meet prevailing wage standards and comply with other labor conditions.

3. Employee’s resume or CV: A detailed resume, highlighting the applicant’s educational background, work experience, and relevant skills.

4. Educational credentials: Copies of diplomas, degrees, or transcripts may be required to confirm the applicant’s academic qualifications, particularly for H-1B and E-3 visas.

5. Employment verification letters: For L-1 visas, letters from previous employers are often required to verify that the applicant has held a qualifying position abroad.

6. Additional evidence for specialized visas: Some categories, such as O or P visas, may require documentation proving exceptional abilities, such as awards, publications, or media recognition.

7. Proof of relationships between entities: To establish the connection between U.S. and foreign companies, you may need to submit documents like organizational charts, incorporation records, or financial statements for L-1 visas.

Since the required documentation depends on the specific visa category, it's necessary to review the USCIS checklist for the appropriate visa type before submitting Form I-129. 

Key Details for Form I-129

Immigration lawyers need to inform clients of all the essential details for form I-129 by outlining the latest information on processing times, filming locations, and tracking options. Clear guidance on these steps can help clients understand what to expect and avoid common filing errors.

Form I-129 Processing Times

Different visa categories (e.g., H-1B, H-2A, L-1) have varying processing times. Cases with additional documents or unusual circumstances will require more time. Additionally, processing times can differ between different service centers. 

On average, applicants can expect processing times to range from weeks to months. 

To check the status of the Form I-129 petition online, use the USCIS case status online tool. You'll need the 13-character receipt number to track the case.

Note: If the case is eligible, you can expedite the processing by paying an additional fee for premium processing. 

Where to File Form I-129

The Texas Service Center originally processed all I-129 petitions except for those related to H-1B and H-1B1 (HSC) visas. If you're submitting Form I-129, either by itself or with Form I-907, you can file it online.

This means that as of April 1, 2024 the USCIS Texas Service Center is no longer a designated Form I-129 filing address for the H-1B visa category as they no longer accept petitions that are not submitted online or sent to the USCIS lockbox. There is no grace period for this change. Any Form I-129 under the H-1B category received at a service center after April 1, 2024, will be rejected.

For filing online, follow this link: https://www.uscis.gov/file-online.

Once everything is in order, the USCIS will send all correspondence, including the I-797 approval notice, to the address provided on Form G-28. This means the lawyer will receive the I-129 approval notice at their office address.

Recent Updates and Changes to the I-129 Form

2024 was the year when the USCIS updated the whole process. Now we can expect a streamlined and more efficient process for filing Form I-129 thanks to the mandatory online filing system.

New fees (outlined above) and a revised Form I-129 edition (04/01/24) are also in place—requiring accurate fee calculation and use of the updated form. 

Tips for Immigration Lawyers Handling I-129 Forms

Below are tips that will help you complete I-129 Forms correctly, avoid mistakes, and achieve outstanding outcomes for you and your clients.

Use Software to Fill Out Forms

Instead of typing everything by hand, use software to fill out Form I-129. This can save you a lot of time and reduce errors. Some software can even pull information from other documents, like your client's passport or employment contract, to fill in the form automatically. This helps ensure accuracy and saves you from retyping information. Docketwise’s Immigration Forms feature helps immigration lawyers save time by automatically filling out immigration forms with client information. 

Track Your Case

Once you submit the form, it's important to keep track of its status via the USCIS website. This will help you actively monitor if there are any issues or if the processing is taking longer than expected. Some software, like Docketwise, can automatically track your cases for you and send you updates, so you don't have to constantly check the website. 

Stay Updated

Immigration rules and procedures are always changing. Make sure you have the latest USCIS information on visa categories, fees, and required documents. This will help you avoid mistakes and ensure your applications are processed smoothly. 

Check Qualifications

Before you submit anything, double-check that your client meets all the requirements for the specific visa they are applying for. Each visa category has different rules about education, work experience, and other qualifications. If your client doesn't meet these requirements, their application could be delayed or denied.

Educate Your Clients

Explain the process to your clients in a way they can understand. Make sure they know what documents they need to provide, what to expect during the process, and how long it might take. This will help them feel more comfortable and confident.

How Docketwise Helps Immigration Lawyers Save Time with I-129 Forms 

Docketwise’s immigration forms software streamlines the Form I-129 submission process, saving time and reducing errors. With Docketwise’s automation, client information is seamlessly inserted directly into the I-129 forms—eliminating manual data entry and ensuring greater accuracy.

In addition, Docketwise helps ensure that deadlines are met and cases stay on track with a calendar that shows important dates, like when to file forms. 

Schedule a demo today and experience how Docketwise can help your immigration firm spend less time on paperwork and more time ensuring the best client service.

On November 5, 2024, Donald Trump was elected as the 47th President of the United States. Following his victory, notably by significant margins in both the electoral college and the popular vote, some experts predict seismic shifts in U.S. immigration policy, to include action not only on illegal immigration but on legal immigration benefits including green cards and visas such as the H-1B.

In this article we will go over some of the potential changes, focusing on immediate actions, medium-term developments, and long-term objectives of the Trump administration.

Potential Immediate Immigration Changes Expected Starting January 20, 2025

Upon assuming office, President Trump may take a number of executive actions that could reshape portions of immigration policy immediately. These actions may include terminating discretionary programs such as Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), and the Biden administration’s Parole-in-Place (PIP) expansion, which would directly impact immigrants currently relying on these protections. Trump may also consider reinstating policies from his prior term, such as the "Remain in Mexico" policy, which would require asylum seekers to wait outside the U.S. while their cases are processed, a policy seen during his first term, which the Biden administration sought to reverse but was blocked by the courts from discarding. 

Additionally, enhanced border enforcement measures, including the controversial family separation policy for those crossing illegally seen during the first Trump administration, could return as a deterrent against unauthorized immigration. Immigration and Customs Enforcement (ICE) is also likely to implement stricter enforcement actions in the interior of the country, including worksite raids, aimed at deporting those with existing removal orders and placing many thousands more in removal proceedings, potentially leading to a significant rise in deportations. Trump has already announced that Thomas Homan, a former head of ICE who has a hard-line reputation, will be the new border control czar and plan the overall execution of the promised mass deportation program. Another area to watch is increasing federal pressure on local law enforcement to hold any person arrested (for any reason) who is found to be unlawfully present, with a detainer to allow for transfer to ICE custody after their processing through the criminal justice system is concluded.

Mid and Longer-Term Impact on Immigration

Trump’s presidency will likely have a mid-and long-term impact on immigration. His administration's approach is expected to increase enforcement overall and push for lower levels of all types of immigration, including reductions in many green card categories and potentially nonimmigrant visas such as the H-1B.  One proposal that has previously been put forward but hadn’t yet gained serious traction and could be resurrected again would be an overall revamping of the immigration system towards a merit-based system, reflecting a substantial departure from current family-based immigration priorities that emphasize family unity as a key value.

What Would Take More Time

In the mid-term, Trump’s administration may intensify efforts to enforce removal orders for individuals already within the U.S. but with existing deportation orders. There are estimated to be hundreds of thousands, if not just over a million, of such individuals. This approach could involve targeted “roundups” aimed at identifying and processing these individuals, likely increasing the visibility of deportation efforts nationwide. Alongside these efforts, Trump has signaled plans for a massive expansion of the entire deportation infrastructure. This could entail hiring additional immigration judges, expanding detention facilities, potentially building specialized detention camps, and increasing the workforce of ICE agents and trial attorneys. Together, these actions would enhance the federal capacity to process immigration violations. Practical considerations including a projected very high cost of such as expansion, political fallout, and court challenges, may hinder such an ambitious effort. 

Enforcement on the employer side may also see a substantial rise, with increased raids expected across industries relying on immigrant labor. Such measures could heighten compliance requirements for businesses, leading to stricter enforcement protocols and potentially significant operational costs for non-compliance. On a state level, Trump’s administration may also encourage or support states in enacting their own immigration enforcement initiatives. This could include enabling state police to participate in immigration enforcement or promoting legislation that authorizes state actions targeting those unlawfully present. ICE will seek to place immigration detainers on any person without legal status who is apprehended by local or state law enforcement in the course of their ordinary police work. This will lead to some conflict insofar as a number of cities, including major cities, have refused to allow their police to hold noncitizens for transfer to ICE custody, at least in many situations. In the past, this has led to a political standoff with the first Trump administration, through Jeff Sessions as the then-Attorney General threatened to withhold federal grants to local police departments that refused to cooperate with ICE.    

Further administrative shifts may involve the U.S. Citizenship and Immigration Services (USCIS) issuing an increased number of RFEs across various case types. This would likely complicate the adjudication process, slowing down case resolutions and adding administrative burdens on applicants and attorneys alike. Also, a renewed emphasis on the public charge ground of inadmissibility, including a possible return of the Form I-944 Declaration of Self-Sufficiency or a similar form, is a distinct possibility.    

Long-Range Objectives

Over the long term, Trump’s administration has indicated intentions to reduce overall immigration levels, including family-based and employment-based categories. This could involve the phasing out of the Diversity Visa Program (the so-called “green card lottery”), a steep reduction in visa numbers for certain family-based immigration categories, and the elimination altogether of other categories, such as those for siblings, parents, and adult children of U.S. citizens. Such measures would fundamentally shift U.S. immigration priorities by focusing less on family reunification and more on economic or skill-based entry criteria.

Efforts to establish a merit-based immigration system, which would require passage of comprehensive legislation through Congress (possible if Republicans in both chambers), could further transform U.S. immigration policy. This would prioritize applicants based on skills, qualifications, and industry needs over familial connections, potentially decreasing the overall number of family-based admissions. The “merit-based” approach, a long-time goal for Trump, aims to align immigration more closely with workforce demands and the economic needs of specific industries, potentially reshaping the demographic makeup of future immigrants to the U.S.

Possible Impact on H-1B Visas

The Trump H-1B policies are expected to bring in stricter regulations for H-1B visa holders. This may include increased scrutiny during the application process, higher wage requirements, imposition of the requirement to make a showing that they are not a public charge, and more rigorous enforcement of compliance measures on the part of both employers and employees alike. Such changes aim to prioritize American workers and reduce perceived abuses of the H-1B program.

While specific changes to the numerical caps have not been announced, as such would require passing legislation and the new Congress is not yet seated, the incoming administration’s focus on tightening eligibility criteria and increasing compliance measures could effectively reduce the number of H-1B visas issued. By imposing higher standards and stricter enforcement, the overall pool of eligible applicants may decrease, leading to fewer visas granted.

In addition to that, the tech industry, which heavily relies on H-1B visa holders for specialized talent, may face challenges in filling critical positions. Stricter visa policies could lead to talent shortages, potentially slowing innovation and growth. Companies may need to invest more in domestic talent development or consider relocating operations to countries with more favorable immigration policies, which ironically would be detrimental to the U.S. workers the new administration wants to protect.

Possible Impact on Green Cards

The administration may seek to reduce family-based immigration by limiting eligibility to immediate family members, such as spouses and minor children while phasing out categories for extended family members like siblings and parents of U.S. citizens. This shift aims to prioritize merit-based immigration over family reunification. 

Employment-based green card policies may also undergo changes, with a potential emphasis on attracting highly skilled individuals in specific industries. The administration could implement a points-based system that evaluates applicants based on education, work experience, and other factors, potentially altering the current allocation and number of employment-based green cards issued.

During Trump’s first administration, he sought to limit the ability of nationals from certain countries to participate in the Diversity Visa Program and announced his desire to end the program entirely. We can expect to see a return of debate on this issue as well. 

Possible Impact on Broader Foreign Relations

Certain countries, such as India, which is a significant source of H-1B visa holders, may experience diplomatic tensions due to stricter U.S. visa policies. Reduced visa approvals could impact the Indian IT sector and professionals seeking opportunities in the U.S., potentially leading to negotiations or policy adjustments between the two nations.

There is also the distinct possibility of a return of executive order like the Muslim ban, seeking to broadly deny admission to nationals of certain countries deemed unfriendly to American interests by the new administration, which was the subject of three separate executive actions beginning in 2017 followed by much litigation. 

All in all, the Trump green card policies could have nations seeking to negotiate more favorable terms for their citizens or adjust their own immigration policies in response, potentially leading to shifts in international relations and migration patterns.

Implications for Immigration Lawyers

As immigration policies under Trump evolve, individuals and businesses are likely to seek legal assistance to navigate the complex landscape. Immigration lawyers may experience increased caseloads, particularly concerning visa applications, compliance issues, responses to Requests for Evidence (RFEs), and enforcement actions like institution of removal proceedings and execution of existing removal orders for many individuals.

In addition to that, legal professionals will need to stay informed about new policies and regulations to effectively advise clients. Continuous education and adaptation to policy changes will be essential to provide accurate and timely guidance.

New immigration policies from the Trump administration will necessitate that lawyers have to expand their skills, such as proficiency in immigration compliance, policy analysis, and strategic planning. Utilizing advanced case management software and immigration workflow automation tools can help legal professionals manage increased workloads efficiently, allowing them to focus on providing high-quality legal services amidst changing policies.

Docketwise Supports Immigration Lawyers

In times of significant policy shifts, Docketwise stands as a critical tool for immigration lawyers, helping them manage the complexities of a changing immigration landscape. With case tracking, form automation, customizable reporting, customizable workflows, and other practice management features, Docketwise enables attorneys to streamline their processes and deliver reliable service despite increased caseloads and regulatory demands.

Docketwise’s case tracking system allows lawyers to follow every detail of a case from start to finish, ensuring no deadline or document is missed. This organized approach is invaluable as lawyers navigate frequent policy updates and rising demands. Additionally, Docketwise’s immigration forms automation saves time and minimizes errors by auto-populating client data into commonly used forms, allowing lawyers to focus on strategic casework rather than repetitive paperwork.

Supporting the full scope of practice management, Docketwise also helps with client intake, scheduling, billing, and document storage, creating an all-in-one solution that enhances both efficiency and accuracy. As immigration lawyers face shifting policies and heightened client needs, Docketwise provides the resources to keep their practices organized, their cases on track, and their clients well-supported through every stage of the legal process.

Schedule a free demo to boost your law firm efficiency today.

The H-1B visa helps U.S. employers hire skilled foreign workers for specialized roles in fields like technology, engineering, and healthcare. This visa program allows businesses to bring in professionals with expertise that may not be readily available domestically—aiding growth and innovation. The key to a successful H-1B application involves developing an organized system and having all the correct documents in place. 

In this complete checklist, learn how your firm can avoid mistakes, delays, or rejections—ensuring a smooth process from the petition stage to visa stamping. 

H-1B Eligibility: Understanding The Basics 

To qualify for an H-1B visa, the job must require specialized knowledge and typically a bachelor’s degree or higher in fields like tech, engineering, or healthcare. The employer must also maintain control over the worker’s duties, including hiring, firing, and supervision.

The offered salary must also meet the prevailing wage for the job location to ensure fair compensation. Some candidates, like students on certain visas or individuals with immigration violations, may not be eligible for an H-1B visa, so it’s important to verify eligibility early on.

Each year, the H-1B visa is subject to a cap of 65,000 visas, with an additional 20,000 reserved for applicants with a U.S. master’s degree or higher (the master's cap). Certain employers, like universities, are cap-exempt and not limited by this annual number.

Due to high demand, the United States Citizenship and Immigration Services (USCIS) runs a lottery system. Employers register potential candidates in March, and if selected, they can file a complete H-1B petition. Once selected, employers have 90 days to submit Form I-129 and supporting documents. Staying organized and timely is essential to avoid missing this deadline and losing the chance to apply for that year.

The H-1B Documents Checklist: A Breakdown

A successful H-1B application requires specific documents from both the employer and the foreign worker to ensure compliance with the visa requirements.

H-1B Documents for Employers

To support the H-1B petition, the employer must provide essential documentation demonstrating compliance with legal requirements and the legitimacy of the business. Below is a list of the key documents employers must submit:

Approved Labor Condition Application (LCA):

• Certified by the Department of Labor
• Ensures the employer agrees to pay the prevailing wage
• Confirms that hiring a foreign worker won’t negatively affect U.S. workers

Business documents demonstrating legitimacy:

• Incorporation papers
• Business registration
• Recent tax filings
• Snapshot of the company’s website (homepage and “About Us” page)

Job offer letter:

• Outlines salary, job duties, and qualifications
• Confirms the position meets H-1B eligibility standards

H-1B Documents for Foreign Workers

Foreign workers applying for H-1B status must provide documents verifying their identity, qualifications, and legal status. These documents ensure that the worker meets the requirements of the offered position and that they are eligible for H-1B sponsorship. The following are the necessary documents foreign workers must submit:

Passport’s biographical page:

• Verifies identity and legal travel status

Educational credentials:

• Degrees, diplomas, transcripts, licenses, and certificates
• For foreign degrees: A Credential Evaluation Report to confirm that the foreign degree meets U.S. educational standards

Work experience documentation:

• Reference letters
• Resume

Supporting documentation for Form I-129 petition:

• Professional awards and licenses
• Approval notices of prior H-1B or L-1 status (if applicable)
• I-94 records showing legal stay in the U.S. during previous employment

H-1B Stamping Approval Process

After USCIS approves the H-1B petition (Form I-129), the applicant will need to complete the H-1B visa stamping process at a U.S. embassy or consulate outside the U.S. This step is necessary for gaining legal entry into the U.S. to work under H-1B status.

The process begins with scheduling a visa interview at the U.S. consulate or embassy in the applicant's home country (or the country where they currently reside). During the visa appointment, the applicant will need to present various documents to confirm their eligibility.

The applicant must gather the following documents for the H-1B visa stamping process:

• The petition approval notice (Form I-797) from USCIS
• A valid passport, which must be valid for at least six months beyond the intended stay in the U.S.
• Completion of visa application form DS-160, which must be submitted online before the appointment
• Proof of visa application fee payment
• A recent passport-size photograph that meets U.S. visa photo requirements
• The original I-129 petition submitted by the employer
• Employment documents, such as the job offer letter, which outlines the applicant’s job title, duties, and salary
• Supporting documents like educational certificates, work experience letters, and other relevant materials used in the H-1B petition

To apply for the H-1B visa, the applicant must complete and submit the DS-160 visa application form online. This form requires personal information, employment details, and travel history. 

Once submitted, the applicant will receive a confirmation page, which must be printed and brought to the visa interview. The visa application fee must also be paid before the appointment.

The visa interview will take place at a U.S. consulate or embassy abroad, typically in the applicant’s home country or current country of residence. During the interview, a consular officer will review the applicant's documents and ask questions regarding their employment and plans in the U.S. 

Once everything outlined in the H-1 B documents checklist is complete, the visa will be stamped in the applicant's passport, granting them permission to enter the U.S. under H-1B visa status.

The H-1B Dropbox Program: Simplified Visa Renewal

The H-1B Dropbox program, also known as the Interview Waiver Program, is designed to make the visa renewal process easier for certain H-1B visa holders. The program allows eligible applicants to renew their H-1B visa without the need for an in-person interview at a U.S. embassy or consulate. 

The purpose is to reduce the H-1B processing time and streamline renewals—making it faster and more convenient.

H-1B Dropbox Eligibility

To qualify for the H-1B Dropbox program, applicants must meet specific criteria including:

• Previous visa validity: The previous H-1B visa must still be valid or have expired within the last 48 months.
• No changes in employment: Applicants must be working for the same employer in the same position, with no significant changes to job terms.
• Location: The Dropbox application must be submitted in the same country where the original H-1B visa was issued.
• No prior visa denials: The applicant must not have had any prior U.S. visa denials or issues such as a 221(g) refusal.
• A clean immigration history: No violations of U.S. immigration laws, such as overstays.

H-1B Dropbox Requirements Checklist

Below are the documents applicants will need for visa renewal: 

• A current passport: The passport must be valid for at least six months beyond the applicant’s intended stay.
• A previous passport (if applicable): If the prior visa is in an older passport, both passports need to be submitted.
• Visa application Form DS-160: Complete the form online and submit it before the Dropbox appointment.
• Visa application fee receipt: Provide proof of payment for the H-1B visa application fee.
• Original I-797 approval notice: This is the approval notice from USCIS for the H-1B petition.
• A recent photograph: Provide a passport-size photo that meets U.S. visa requirements.
• Proof of employment: Include recent pay stubs or a job verification letter from the employer confirming continued employment.

How to Apply for H-1B Dropbox

To apply for the H-1B Dropbox, you must fill out the DS-160 form online and pay the visa fee. Once submitted, visit the U.S. embassy or consulate’s website to confirm eligibility for the Dropbox program. If eligible, the applicant will be instructed to submit the required documents at a designated Dropbox location.

After submitting the H-1B Dropbox documents, the U.S. consulate will process the visa renewal without requiring an in-person interview. Processing times can vary, but using the Dropbox program usually leads to faster results compared to regular H-1B renewals.

H-1B Process Management Tips to Stay Organized

Managing the H-1B visa process can be challenging, but staying organized can help prevent delays and ensure a smooth experience. Here are key tips to manage the process effectively:

Key Steps for Successful H-1B Visa Application

1. Start early: Begin the application process well ahead of the intended start date to avoid missing deadlines due to unforeseen delays.
2. Maintain documentation: Keep copies of all important documents, including the I-129 petition, passport, employment letters, and previous visa approvals—both physically and digitally.
3. Seek legal advice: For complex cases, consult an immigration attorney to ensure compliance with legal requirements and avoid potential delays.
4. Utilize case management software: Streamline the process by using software to manage deadlines, organize documents, and stay compliant with USCIS regulations.

How Docketwise Can Help You Manage the H-1B Process Effectively

Docketwise simplifies the H-1B application process by offering a streamlined solution for document collection, filing, and H-1B status checks—making it easier for immigration professionals, employers, and applicants to stay organized. One standout feature is the automated I-129 e-filing, which helps reduce paperwork and ensures that forms are submitted promptly.

Additionally, Docketwise offers tools for tracking deadlines, managing client communication, and securely uploading documents. In 2025, it will also support H-1B registration, providing an all-in-one platform for the entire H-1B process—from lottery registration to visa approval.

If you want to learn more about H-1B visas such as the H-1B transfer process and many other insights, keep an eye on our blog. For immigration practices looking to boost their efficiency, file forms with ease, schedule a demo and see just how much your workflows can improve.

The H-1B visa is a non-immigrant visa that helps U.S. employers hire foreign professionals in specialized fields like engineering, IT, and healthcare—industries often facing a shortage of skilled workers. 

For employers, understanding the process is necessary, as it involves multiple steps from registration to filing labor condition applications, all while ensuring compliance with the U.S. Department of Labor regulations. On the other hand, prospective employees have to understand the H-1B visa steps—from registration to potential lottery selection.

Recent updates under the Biden Administration have introduced important changes to the H-1B process. For example, the FY 2025 system has shifted to a beneficiary-centered selection process, aiming to reduce system abuse and give every applicant a fair chance, regardless of how many applications are filed for them. A new domestic visa renewal pilot program also launched in 2024, allowing some H-1B holders to renew their visas within the U.S., eliminating the need to travel abroad for renewals, which simplifies the process for both employers and employees.

In this article, we will review the entire H-1B Visa process from start to finish. 

What Is the H-1B Visa?

As we have established, the H-1B visa allows U.S. employers to hire foreign workers for specialty occupations that require advanced skills. This visa is especially important in fields like IT, engineering, and healthcare, where highly skilled professionals are often in short supply in the U.S. job market.

However, to qualify for the H-1B visa, candidates must meet specific criteria:

• Specialized job: The position must be in a specialty occupation that requires highly specialized knowledge, such as software development, mechanical engineering, or medical research.
• Educational requirement: Applicants need at least a bachelor’s degree or equivalent work experience. If the degree is from a foreign institution, it must meet U.S. standards.
• Employer sponsorship: A U.S. employer must file the visa petition. Applicants cannot apply independently. 

The U.S. is always on the lookout for talent and the H-1B visa allows businesses to maintain their competitive edge, drive innovation, and fill roles that require specific expertise. 

H-1B Visa Requirements

The H-1B visa requirements are related to education, work experience, and U.S. labor law compliance. Here’s a detailed breakdown:

Education and Work Experience

To qualify, the worker needs at least a bachelor’s degree or the equivalent in education and experience. This degree has to be relevant to the job, like in STEM, finance, or healthcare. If the degree comes from outside the U.S., it needs to meet U.S. standards. A credential evaluation from a professional academic evaluator is useful in proving the equivalence of the foreign educational credential or when using a combination of education and experience to meet the educational requirement. Sometimes, if an applicant has significant work experience, that might count instead of the degree.

Employer Sponsorship

For the H-1B visa, a U.S. employer has to sponsor an applicant. That means they file all the paperwork (Form I-129) to show that the job qualifies as a specialty occupation. Applicants can’t complete the process by themselves—the employer has to handle that part of the process.

Prevailing Wage and Labor Condition Application (LCA)

The employer must pay the prevailing wage, which is the statistically determined average pay for the job in that location. They also have to make sure the (accepted) workers are paid no less than what they pay similar U.S. workers doing the same job. There are several sources for the prevailing wage, and these include the National Prevailing Wage Center (NPWC), the Foreign Labor Certification (FLC) Data Center, a survey conducted by an independent, authoritative source, or a collective bargaining agreement that contains a wage rate applicable to the occupation.

The employer needs to electronically submit a Labor Condition Application (LCA) to the Department of Labor, which ensures they’re following wage laws and maintaining good working conditions for both U.S. and foreign workers. If they make any errors or don’t comply with applicable laws, it could mean denial of the LCA, or when found to be in violation, levying fines or other sanctions.

The LCA makes sure that hiring an applicant won’t interfere with the pay or working conditions of their U.S. employees, and they need to post notices in the office to let everyone know about it.

The employer must also post a LCA notice for at least 10 calendar days, beginning on or within 30 days before the LCA is filed. The notice can be posted electronically or in hard copy. If using electronic posting, the employer can use an online bulletin board, email, or other method to notify employees. If the employer sends individual emails, they only need to do so once. For hard copy notice, the employer must post the notice in two visible locations at the worksite. Common locations include break rooms, bulletin boards, or near water coolers. The notice should include the following information: employer's name, job title, wage rate, worksite address, LCA filing date, number of H-1B nonimmigrants sought, occupational classification, period of employment, and location(s) where H-1B nonimmigrants will be employed. 

In addition, the LCA must be posted in two conspicuous places at the worksite where the H-1B worker will be employed. This could include a breakroom, bulletin board, or any area where employee notices are typically posted.

Step-by-Step H-1B Visa Application Process

Here’s the entire H-1B visa application process from start to finish.

Step 1: Employer Prepares Labor Condition Application 

The LCA is the first critical step for employers looking to sponsor an H-1B worker. It must be filed with the U.S. Department of Labor before the H-1B petition can proceed. The LCA ensures:

• The employer will pay the required prevailing wage (higher than the local wage for the position or the company’s current wage for similar employees).
• Hiring the foreign worker won’t negatively impact working conditions for current U.S. employees.

Compliance with DOL guidelines is key—this involves correctly calculating wages and ensuring the LCA is filed through the Foreign Labor Certification Gateway (FLAG). Processing times typically range from 7 to 14 days.

Step 2: Employer Registers Each Beneficiary With USCIS

Employers must electronically register each H-1B candidate during the limited registration window via the USCIS portal. There’s a $10 registration fee per beneficiary. Only candidates selected in the H-1B lottery can proceed. After selection, employers can file the Form I-129 petition on behalf of the worker.

Step 3: Employer Submits the H-1B Petition (Form I-129)

After being selected, the employer files Form I-129 with the USCIS to petition for H-1B status. This form includes supporting documents such as:

• Proof of the job offer in a specialty occupation
• The beneficiary’s educational qualifications
• The approved LCA

This step establishes the legitimacy of the employment relationship and the foreign worker’s eligibility.

Step 4: USCIS Receives and Processes the Petition

Once filed, USCIS processes the petition, which can take anywhere from 5 to 7 months under normal processing. However, employers can opt for premium processing, which expedites the process to 15 days for an additional fee. During this stage, the employer may receive a Request for Evidence (RFE) if USCIS needs more information to approve the petition.

Step 5: USCIS Decision and Approval

Once USCIS reviews the petition, they will issue either an approval or denial. If approved, the worker will receive Form I-797, a Notice of Action, signaling their H-1B visa has been granted.

Step 6: Visa Stamping in the U.S. Embassy/Consulate

If the worker is outside the U.S., they must attend an interview at a U.S. consulate or embassy for visa stamping. The required documents include:

• Form DS-160 (visa application)
• The I-797 approval notice
• Other supporting documents, like the job offer letter and educational certificates 

Following a successful interview, the H-1B visa is stamped in the worker’s passport, allowing entry into the U.S.

Step 7: H-1B Visa Status and Employment

Once the H-1B visa holder enters the U.S., they can begin working for the sponsoring employer on or after October 1st of the fiscal year. The initial stay is for three years, with possible extensions for up to a maximum of six years. If the worker wishes to change employers, the new employer must file a new H-1B petition on their behalf.

H-1B Visa to Green Card Transition

Transitioning from an H-1B visa to a green card is a complex process, but it provides a clear path for foreign workers to gain permanent residency in the U.S. through employer sponsorship. This journey typically involves several stages, from labor certification to status adjustment, with potential delays depending on the worker’s country of origin and U.S. immigration backlogs.

The first step in the transition is the PERM Labor Certification, which requires the employer to demonstrate that no qualified U.S. workers are available for the job. This process involves recruiting U.S. workers and proving that hiring the foreign worker won’t negatively impact U.S. wages. Depending on various factors, this stage can take 6 to 18 months. Employers must submit the required documents to the Department of Labor, who will review and certify the application before moving forward with the green card process.

Once the PERM is approved, the employer files Form I-140, which is the Immigrant Petition for Alien Workers. This step affirms the employer is offering a permanent position to the foreign worker and that the worker meets the qualifications. After filing, the priority date becomes important, as it dictates when the worker can move forward based on the availability of green card slots for their country of origin. Workers from high-demand countries like India and China may experience extended delays due to annual visa caps and backlogs.

When the worker’s priority date becomes current, they can proceed with the next step, which is either Adjustment of Status (if they are in the U.S.) or Consular Processing (if they are outside the U.S.). Adjustment of Status allows the worker to remain in the U.S. while their green card application is processed, whereas Consular Processing requires them to attend an interview at a U.S. embassy or consulate abroad. Both processes may involve biometrics and a final interview.

Timeframe and Challenges

The registration period for this transition varies, especially for workers from countries with high demand for green cards. The PERM process alone can take up to 18 months, while the I-140 and final adjustment or consular steps depend on visa availability, which can stretch the overall process into several years.

For H-1B holders facing delays, extensions beyond the usual six-year limit are possible under the American Competitiveness in the Twenty-First Century Act (AC21). Section 106(a) allows for one-year extensions if the green card process begins at least 365 days before the H-1B status expires. Section 104(c) provides three-year extensions for those with an approved I-140 who are waiting for their priority date to become current. This ensures that H-1B workers can stay in the U.S. while their green card applications are pending.

Challenges in this process often include delays due to country-specific visa quotas, especially for workers from countries like India and China. Additionally, backlogs in employment-based green card categories can lead to extended wait times, particularly for EB-2 and EB-3 applicants. If a worker switches employers during the process, the new employer must restart the PERM and I-140 filings, though the worker can retain their original priority date.

Recent Updates on the H-1B Filing Process 

The H-1B visa process is undergoing several updates aimed at improving efficiency and security as we move into 2025. These changes are particularly important for employers and applicants seeking a smoother process.

E-filing and Technological Innovations

A significant development is the introduction of H-1B e-filing through platforms such as Docketwise. This shift helps speed up the submission process, reduces errors, and makes the overall management of visa applications more efficient. With online filing now available for Forms I-129 and I-907 (for premium processing), employers can submit documents faster and track their petitions more easily. This technological advancement brings greater accuracy and efficiency to the H-1B process.

Starting in 2025, Docketwise will offer H-1B filing online, which will simplify the registration and petition submission for legal representatives and employers. These updates are designed to reduce the paperwork burden and improve access for all parties involved.

Changes in H-1B Visa Regulations Under the Biden Administration

The Biden Administration introduced reforms with hopes of improving the fairness and integrity of the H-1B visa system. One key change involves a beneficiary-centric lottery system, ensuring each individual has an equal chance of selection, regardless of how many registrations are submitted for them. This change is aimed at preventing multiple registrations from skewing the odds in favor of certain applicants.

Another major update is the introduction of domestic H-1B visa renewals, which may soon be available for certain noncitizens. Previously, H-1B holders had to travel abroad for visa renewals, often facing delays. With the new rule, renewals will be allowed within the U.S., making the process faster and less disruptive for employers and workers.

H-1B Processing Times

The H-1B process involves several stages, each with its own processing time. Here's a brief overview:

1. Labor Condition Application Processing:
   • Filed with the Department of Labor
   • Standard processing time is about 7 to 10 business days
2. H-1B Petition (Form I-129):
   • Filed with USCIS after the LCA approval
   • Regular processing can take anywhere from 3 to 6 months, depending on the service center (California, Vermont, Texas, Nebraska)
   • Institution-Specific Variations: Some universities, nonprofit organizations, or research institutions may have different timelines if exempt from the H-1B cap
3. Premium Processing Option:
   • USCIS offers premium processing for an additional fee
   • This guarantees a decision within 15 calendar days; if USCIS does not process the petition within this time, the premium processing fee is refunded

Tips for Managing the H-1B Process

Managing the H-1B visa process efficiently is key for immigration lawyers to avoid delays and complications. Here are a few practical steps that can help streamline the work:

1. Automate Deadlines and Timelines

Keeping track of deadlines is critical in the H-1B process. Using software to set automatic reminders for key dates, like the filing of the Labor Condition Application and Form I-129, can help lawyers stay on top of important submissions and prevent missed deadlines.

2. Use E-filing to Speed Up the Process

E-filing has simplified the H-1B application process. Platforms such as Docketwise allow lawyers to submit petitions digitally, reducing the likelihood of errors and accelerating the process. E-filing helps ensure that documents reach the appropriate offices faster and are processed without the delays that come with paper filing.

3. Prepare for H-1B Online Registration via Docketwise

Docketwise will introduce H-1B online registration in March 2025. Lawyers can use this tool to register clients for the H-1B lottery efficiently. This system will allow quick submission and easy management of multiple registrations, making it easier to organize casework during the busy lottery season.

4. Utilize a Client Portal

A client portal is a convenient tool that enables clients to upload their documents, check case status, and communicate with their lawyers in a secure environment. This approach minimizes miscommunication, keeps all relevant information in one place, and reduces time-consuming back-and-forth correspondence.

5. Systematize Document Collection and Storage

Having a well-organized system for collecting and storing client documents is key. Using tools that categorize and store documents securely can save time and ensure all the necessary paperwork is ready when needed. Docketwise offers integrated document storage, which simplifies the management of required forms and credentials.

6. Centralize Client Communication

Managing client communications within one platform helps keep everything organized. Lawyers can use Docketwise to maintain all conversations and updates in a single location, ensuring nothing gets lost or overlooked. This method provides a clear record of all interactions and streamlines client management.

The H1-B Process: All You Needed to Know

Staying updated on the H-1B process is essential for attorneys, employers, and applicants alike. Docketwise helps immigration lawyers manage deadlines, documents, and client communications, immigration lawyers can simplify the process and minimize errors. Staying on top of new regulations and tools is a critical part of managing H-1B cases effectively.

To learn more about checking the status of an H-1B application's status, look at Docketwise's resources, including the tools designed for an H-1B status check.