USCIS rescinded 2 policy memoranda related to H-1B visa
On June 17, 2020 USCIS rescinded 2 Policy Memoranda related to H-1 visa. This blog post will focus on 2 areas that were impacted [...]
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Does the new Proclamation apply to Canadians? Can a Canadian get an H-1B or L-1 visa? Can a Canadian get a TN visa?
On Monday June 22, The Trump Administration signed an Executive Order suspending the entry of some H-1B, H-4, H-2B, J, and L visa holders, [...]
I am currently in the U.S. on an OPT and my employer filed an H-1B petition. Does the new executive order affect my H-1B application?
Let’s analyze the following scenario: You are currently in the U.S. on an OPT status or on a cap-gap extension and your employer filed an H-1B visa [...]
Trump to Sign Executive Order Temporarily Suspending H-1B, J, and L Visas Until December 31
The Trump Administration will sign an Executive Order that will extend the April 2020 suspension of some immigrant visas until December 31. To learn [...]
What is the H-1B visa application process?
If your H-1B registration application was selected in the H-1B lottery, you have a 90 day period during which you have to file an [...]
How much do I have to pay an H-1B employee? What is a prevailing wage? How do I find out what is the prevailing wage?
H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. As an H-1B employer, you have to pay [...]
I had a J-1 visa in the past and I am subject to the 2-year residency requirement. Can I apply for an O visa? Can I apply for an E visa? Can I apply for an H-1B visa?
Participants of some J-1 visa programs are subject to a 2 year home residency requirement. This means, that the J-1 visa participants will have [...]
What are the Differences Between and E-3 and H-1B Visa?
The E-3 and H-1B visas are similar but have some key differences. This post summarizes the key similarities and difference between the H-1B and [...]
I have a majority ownership interest in a U.S. Company. Can the company sponsor me for an H-1B visa? Can the Company sponsor me for an O-1 or TN visa?
H-1B One of the H-1B requirements is that the petitioning U.S. company demonstrates that there is an Employer-Employee relationship. This means that the petitioning [...]
I was not selected in the H-1B lottery and I am in the U.S. on F-1 OPT Status. Can I enroll in another university? Will I get another 12 months of post completion OPT?
If you currently in the U.S. on F-1 OPT status, and you were not selected in this year’s H-1B lottery, you may be wondering [...]
My H-1B registration was selected in the lottery and my F-1 OPT work authorization expires soon. Does the H-1B application have to be filed before it expires??
The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. There are a limited number of H-1B petitions that USCIS [...]
I was selected in the H-1B lottery and I am currently in the U.S. on a J-1 trainee visa. Does Cap-Gap apply to J-1 visa? Can I stay in the U.S. until October 1? Can I Change Status?
The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. There are a limited number of H-1B [...]
My H-1B registration was selected in the H-1B lottery. Is the company required to file the H-1B petition? What if the company does not file, are there any consequences?
Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some [...]
Coronavirus Update: FY 2021 H-1B Cap Petition Processing Will be Delayed Due to the Coronavirus
USCIS has announced on April 13 that due to the Coronavirus outbreak and for health and safety reasons, they will not begin to perform [...]
I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer? Do I have to pay for the employee’s flight?
Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have [...]
I want to decrease the salary of my H-1B employee. Do I have to file a new LCA? Do I have to file an amended H-1B petition if the salary is higher than the actual or prevailing wage?
Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some [...]
I am in the U.S. on H-1B visa and my employment was terminated due to the Corona virus outbreak. Can I stay in the U.S. if I find a new job? How long do I have to find a new job?
Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some [...]
I am in the U.S. on F-1 OPT status and I was selected/not selected in this year’s H-1B visa lottery. Does Cap-Gap Extension apply to me? Can I stay in the U.S. until September 30?
If you are currently in the U.S. on F-1 OPT status, your OPT work authorization expires soon, and your company filed an H-1B registration, [...]
I was not selected in the H-1B visa lottery. What other visa can I apply for? Can my employer sponsor me for a green card? Can I apply for a green card?
If you were not selected in this year’s H-1B visa lottery and you want to stay in the U.S., here are some possible visa [...]
FY 2021 H-1B Cap Petitions can be Filed Starting April 1
USCIS announced today that H-1B cap-subject petitions for fiscal year 2021 can now be filed. USCIS has already notified all selected applications of their [...]
What are the Overall Approval Rates of the O-1 Visa? If I Don’t Get Selected in the H-1B Visa Lottery, Can I Apply for the O-1 Visa?
The latest statistics released by USCIS shows that while there has been an increase in the issuance of Request for Further Evidence (“RFE”) in [...]
H-1B Lottery Selection for FY 2021 Cap Selection Completed
USCIS has announced that they have received sufficient electronic registration during the initial registration period to complete the lottery for FY 2021. Petitioners with [...]
Does Covid-19 impact my obligations as an H-1B or E-3 Employer? What things should I keep in mind? Is Part-Time Work Possible? Is furlough possible for an H-1B employee?
Covid-19 has changed the rules for travel, engagement and employment. Many companies have already started to reduce wages and put staff on leave. Some [...]
H-1B Electronic Registration Closes Today!
At noon EST on March 20, the initial registration period for FY 2021 H-1B lottery selection will close. All registrations must be properly submitted [...]
H-1B Change of Employer approval for Electrical Engineer working for Consumer Goods Company
We just had an H-1B approval through U.S. Citizenship & Immigration Services. The applicant was already in the U.S. on an H-1B and changed [...]
What is a specialty occupation? Do I have to have a degree to qualify for an H-1B visa? Do I have to have a degree from a U.S. University to qualify for an H-1B visa?
If your employer wants to sponsor you for an H-1B visa, the job position must be a specialty occupation, meaning, that it requires a [...]
Can a H-1B Petition Still Be Approved If I Don’t Have a Professional License That is Required for a Job? What Happens If I Do Not Have a License to Practice a Job That Require a License?
There are certain specialty occupations that require the appropriate licensure in order to be able to perform the duties required on the job. For [...]
FY H-1B Cap Registration Starts March 1!
The initial registration period for the FY2020 H-1B cap will open at noon Eastern Standard Time on March 1 and run through noon EST [...]
Petitioners can now Create Online Accounts for H-1B Lottery Registration
Starting this year, all prospective H-1B applicants must first be registered online on the USCIS myUSCIS website in order to be in the pool [...]
What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date?
Let’s analyze the following scenario: You were in the U.S. on a post-completion OPT and found an employer willing to sponsor you for an [...]
H-1B Approval for a Cap-Subject H-1B case at USCIS for an Engineer
We just received an H-1B approval from USCIS for a cap-subject H-1B. The applicant is an Engineer and has a Master’s Degree in Engineering from a [...]
What is the New H-1B Registration Process? What is changing for H-1B petitions this year? Will there be a lottery for H-1B petitions? What is the new H-1B registration Process?
On January 9, 2020, USCIS formally announced details of the new H-1B cap registration process for FY 2021. The H-1B visa is a nonimmigrant [...]
H-1B Visa Approval in Osaka, Japan for a National of Japan
We just had an H-1B visa stamp approval at the U.S. Consulate in Osaka, Japan. The H-1B employee is a national of Japan. The employer is [...]
USCIS Announces H-1B Cap Registration Information
On Thursday, USCIS has formally announced details of the H-1B cap registration process for FY 2021. Starting next year, employers will have to register [...]
I am currently in the U.S. on H-1B status. Can I find a new employer or do I have to keep working for the employer who initially sponsored me for an H-1B?
H-1B visa is a non-immigrant visa that permits a U.S. company to hire workers in specialty occupations. The H-1B visa may be granted for [...]
H-1B Cap Registration Will be Implemented in the Upcoming Fiscal Year Cap Season
USCIS has announced today that it has successfully completed the testing phase of the online registration system for the H-1B lottery. To learn more [...]
Should I apply for an O-1 Visa or an H-1B Visa? What are the advantages of an O-1 visa? Is an O-1 visa better than an H-1B visa? Do I Qualify for an O-1 Visa?
An O-1 visas are for people with extraordinary ability in a number of fields (e.g. television, science, business, etc.) To learn more about O-1 [...]
What is a Recapture petition? Can I recapture time I spent outside the U.S. while on H-1B status? Can I recapture time I spent outside the U.S while on L-1A or L-1B status?
H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. The beneficiary (the foreign worker) must have a [...]
H-1B Visa Registration Fee Implemented
USCIS has announced today that a $10 non-refundable fee for each H-1B registration submitted by petitioning employers will be implemented once the electronic registration [...]
Kelly LeGrand Weiner to Present at the AILA NY Chapter’s CLE on Compliance Issues for H-1Bs, H-1B1s & E-3s
Kelly LeGrand Weiner, the Managing Attorney of Scott Legal, PC will present at the AILA NY Chapter's CLE on Compliance Issues for H-1Bs, H-1B1 [...]
H-1B Transfer Approval for Senior Digital Product Manager at E-Commerce Retail Company
We received an approval for an H-1B transfer case for a Senior Digital Product Manager who had extensive experience in the field working in [...]
H-1B Change of Employer Petition Approval for an Accountant at the U.S. Consulate in New Delhi for a National of India
We just had an H-1B petition approval at the U.S. Consulate in New Delhi. USCIS approved the I-129 change of employer petition (because the [...]
H-1B Approval for a Cap-Subject H-1B Change of Status case at USCIS for an Accountant
We just received an H-1B approval from USCIS for a cap-subject H-1B. The applicant is an Accountant and has a Bachelor’s Degree in Accounting [...]
What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status?
Let’s analyze the following scenario: You are in the U.S. on F-1 OPT status and you are working for an employer. During the cap [...]
DHS Proposes Fee for H-1B Registration
Today, the Department of Homeland Security has announced a proposed rule that will require employers seeking to file H-1B cap-subject petitioners to pay a [...]
H-1B approval for a Change of Status from H-4 to H-1B for a Consumer goods Company
We just had an H-1B approval with U.S. Citizenship & Immigration Services for a software developer at a consumer goods company. The employee changed [...]
USCIS Completes Return of Unselected H-1B Cap Petitions
USCIS have finished returning unselected H-1B petitions that were not selected in the FY2020 cap lottery. Employers should receive petition packages and fee checks [...]
H-1B approval for an Accounting role for a National of India
We just had an H-1B approval with U.S. Citizenship & Immigration Services for an accountant position with a company based in New York. You [...]
USCIS to Accept Premium Processing for Remaining H-1B Cap Petitions
USCIS announced that starting on June 10, 2019, it will accept premium processing requests for all remaining FY 2020 H-1B Cap cases. Premium processing [...]
Proposed H-1B Cap Registration Fee Under Review
The Department of Homeland Security have submitted a proposal to charge an unknown amount of fee for companies registering foreign nationals for the upcoming [...]
