H-1B and E-3 Visa

H-1B and E-3 Visa

DOL and DHS Rolls out New H-1B, E-3, H-1B1, and PERM Regulations

Department of Labor Changes to the H-1B, E-3, and H-1B1 Programs Effective October 8, 2020, The Department of Labor will raise the nonimmigrant H-1B, E-3, and H-1B1 prevailing wage requirements and wages for the PERM labor certification program. The exact…

Jenny ZhanOctober 7, 2020

H-1B and E-3 Visa L-1 Visa

I am an employee and my company has offered to sponsor me for an L-1 or H-1B visa. Which visa is the best option?

If you are working for a company abroad and you are given the option to transfer to the U.S., questions may arise as to which visa option is best for you. Usually your company will have a particular visa in…

Jenny ZhanSeptember 8, 2020

Family Immigration H-1B and E-3 Visa Immigration

What is advance parole? When would I need to apply for advance parole?

If you are applying for a green card either through a family or employment basis, it may take several months (or even years, depending on your basis for filing the green card application) for USCIS to adjudicate your Adjustment of…

Jenny ZhanAugust 27, 2020

H-1B and E-3 Visa

USCIS Runs Second Lottery to Select More H-1B Cap Cases

USCIS has ran a second lottery to select more H-1B cap cases. USCIS began to notify employers the results of the second lottery run on August 14, 2020. The H-1B visa is a nonimmigrant visa suitable for individuals who have…

Jenny ZhanAugust 17, 2020

H-1B and E-3 Visa

Trump Signs Executive Order Reviewing Federal Contractor and Subcontractor Use of Nonimmigrant Workers

On August 3, the Trump Administration signed an executive order that ordered the review of federal contractor and subcontractor’s use of nonimmigrant workers and overseas labor on federal contracts. The purpose of the executive order is to determine whether U.S.…

Jenny ZhanAugust 11, 2020

H-1B and E-3 Visa

What is a Master’s degree exemption for the purposes of H-1B visa?

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 can adjudicate every year - 65,000 Regular Cap petitions as set by the…

Jenny ZhanJuly 23, 2020

H-1B and E-3 Visa

Who is a cap exempt employer?

Jenny ZhanJuly 23, 2020

H-1B and E-3 Visa

USCIS rescinded 2 policy memoranda related to H-1B visa

On June 17, 2020 USCIS rescinded 2 Policy Memoranda related to H-1 visa.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 by the rescission: Employer-employee relationship One of the H-1B requirements is that there is a valid…

Jenny ZhanJuly 2, 2020

H-1B and E-3 Visa Immigration L-1 Visa TN Visa

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, with some exceptions. Starting on 12:01 am EST on June 24 and lasting until December 31, the…

Jenny ZhanJune 26, 2020

H-1B and E-3 Visa

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 change of status application. The H-1B application is currently pending with USCIS and you may be wondering…

Jenny ZhanJune 25, 2020

H-1B and E-3 Visa L-1 Visa

Presidential Proclamation Suspends Some Non-Immigrants from Entering the US Until December 31

The Trump Administration has signed an Executive Order that will extend the April 2020 suspension of some immigrant visas until December 31. To learn more about the April 2020 suspension, please click here. This new Executive Order suspends the entry of…

Jenny ZhanJune 23, 2020

H-1B and E-3 Visa L-1 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 more about the April 2020 suspension, please click here. News on Monday afternoon states that this…

Jenny ZhanJune 22, 2020

H-1B and E-3 Visa

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 H-1B petition with USCIS. This blog post will walk you through the H-1B application process. File…

Jenny ZhanJune 19, 2020

H-1B and E-3 Visa

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 the H-1B employee the higher of either the actual or prevailing wage (this is called the…

Jenny ZhanJune 12, 2020

E-1 Visa E-2 Visa Extraordinary Ability H-1B and E-3 Visa Immigration Investor Visas

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 to return to their home country for at least 2 years after the completion of the…

Jenny ZhanJune 11, 2020

H-1B and E-3 Visa

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 E-3 visas. You can find out more about the E-3 visa by clicking here. You can…

Jenny ZhanJune 10, 2020

Extraordinary Ability H-1B and E-3 Visa Immigration TN Visa

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 company will have to show that it can hire, pay, fire, supervise and otherwise control your…

Jenny ZhanMay 29, 2020

H-1B and E-3 Visa

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 if you could enroll in another University program and once you graduate, whether you can get…

Jenny ZhanMay 8, 2020

H-1B and E-3 Visa

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??

Jenny ZhanApril 22, 2020

H-1B and E-3 Visa

Federal Judge Issues Ruling that USCIS’ Interpretation of Specialty Occupation is too Narrow

Federal judge Rudolph Contreras issued a ruling on three new court cases that USCIS has unlawfully denied H-1B petitions by improperly limiting the definition of a specialty occupation. If your employer wants to sponsor you for an H-1B visa, the…

Jenny ZhanApril 17, 2020

H-1B and E-3 Visa

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?

Jenny ZhanApril 16, 2020

H-1B and E-3 Visa

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 companies have terminated employees. If your company filed an H-1B registration for a foreign national and…

Jenny ZhanApril 15, 2020

Covid 19 H-1B and E-3 Visa

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 terminated employees. If your company had to terminate employment of an H-1B employee, here is a…

Jenny ZhanApril 14, 2020

Covid 19 H-1B and E-3 Visa

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 companies have terminated employees. For companies with H-1B employees that are taking the approach of decreasing…

Jenny ZhanApril 9, 2020

Covid 19 H-1B and E-3 Visa

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?

Jenny ZhanApril 8, 2020

H-1B and E-3 Visa

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, you may be asking if you have to leave the U.S. immediately after your work authorization…

Jenny ZhanApril 7, 2020

E-1 Visa E-2 Visa Extraordinary Ability H-1B and E-3 Visa Immigration Investor Visas L-1 Visa TN Visa

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 options you could consider. TN Visa for Canadian and Mexican nationals: If you are Canadian or…

Jenny ZhanApril 7, 2020

H-1B and E-3 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 selection status on or before March 31. Only applicants who have be selected in the lottery…

Jenny ZhanApril 1, 2020

Extraordinary Ability H-1B and E-3 Visa

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 recent years across the board for all visa types, the overall approval rates still remains relatively…

Jenny ZhanMarch 27, 2020

H-1B and E-3 Visa

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 selected registrations will be notified no later than March 31, 2020. Only selected registrations may file…

Jenny ZhanMarch 27, 2020

Covid 19 H-1B and E-3 Visa

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 companies have terminated employees. For companies that have employees in E-3 or H-1B status, they must…

Jenny ZhanMarch 26, 2020

H-1B and E-3 Visa

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 before this time in order to be considered in the initial selection. After registration closes, if…

Jenny ZhanMarch 20, 2020

H-1B and E-3 Visa

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 employers to work for a consumer goods company. Employees who are in the U.S. in H-1B…

Jenny ZhanMarch 19, 2020

H-1B and E-3 Visa

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 theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s…

Jenny ZhanMarch 16, 2020

H-1B and E-3 Visa

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 example, an attorney would need a license to practice law, an architect requires a license to…

Jenny ZhanMarch 16, 2020

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