H-1B and E-3 Visa

H-1B employee’s place of employment is about to change. Does a new LCA & amended H-1B petition have to be filed with USCIS?

It is not unusual that during the validity period of Labor Condition Application (LCA) (which can be issued for up to 3 years), the H-1B employee’s place of employment changes. In 2015, the Administrative Appeals Office issued a very important…

Jenny ZhanJanuary 26, 2021

H-1B and E-3 Visa

I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa.

For background, you can learn more about the H-1B visa here, and about the B-2 tourist visa here . But if you want to change status between the H-1B and B-2, how does the timing matter? Can I file a…

Jenny ZhanDecember 30, 2020

H-1B and E-3 Visa

Can I work for a U.S. company from abroad? Do I need a U.S. visa to work for a U.S. company from abroad?

Some of our clients are often confused whether they can work for a U.S. company if they are not in the U.S. and whether they need a U.S. visa to work for a U.S. company (even if they will not…

Jenny ZhanDecember 4, 2020

H-1B and E-3 Visa

District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure

In October 2020, the U.S. government promulgated two rules that would affect the H-1B visa program: one was proposed by the Department of Labor (“DOL”) and the second one was proposed by the Department of Homeland Security (“DHS”). The Department…

Jenny ZhanDecember 3, 2020

H-1B and E-3 Visa

Trump Administration Proposes to Scrap H-1B Lottery in Favor of Wage-Based Selections

The Trump administration announced H-1B rule overhaul, where the H-1B visa lottery will be eliminated and replaced with a wage-based selection. The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa…

Jenny ZhanNovember 25, 2020

H-1B and E-3 Visa Immigration Biden/Harris Administration

Will it be easier to get an H-1B visa under the new administration? What changes were made with regards to H-1B visa during the Trump administration?

On Saturday November 7, 2020 Joe Biden and Kamala Harris became the 46th president elect and vice-president elect of the U.S. In the past 4 years President Trump’s administration has made a series of drastic changes to immigration policy through…

Jenny ZhanNovember 10, 2020

Covid 19 H-1B and E-3 Visa Immigration Biden/Harris Administration

What impact will the presidential election have on immigration? Will the new president terminate the Covid-19 presidential proclamations?

On Saturday November 7, 2020 Joe Biden and Kamala Harris became the president elect and vice-president elect of the U.S. In 2020, president Trump signed multiple presidential proclamations related to the Covid-19 global pandemic & entry of foreign nationals to…

Jenny ZhanNovember 9, 2020

Deportation & Humanitarian Immigration H-1B and E-3 Visa Immigration Immigration Biden/Harris Administration

What impact will a Biden/Harris administration have on current immigration policy?

On November 7, 2020, Joseph R. Biden Jr. became the President-elect of the United States & Kamala Harris became the United States Vice President-elect. For the past four years President Trump’s administration has made a series of drastic changes to…

Jenny ZhanNovember 9, 2020

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

E-3 visa questions and answers

The E-3 visa category was established in 2005 and the E-3 visa is a great visa option for Australian professionals who want to come to the U.S. to perform services in a specialty occupation. Please note that the E-3 visa…

Jenny ZhanJuly 24, 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

I am on an E-3 visa and my I-94 extends past my Labor Condition Application end date. Can I remain in the U.S. and work?

The E-3 visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. The visa is available to nationals from Australia only and is very similar to an H-1B visa. This visa category requires that the…

Jenny ZhanJuly 7, 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

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Schedule A Consultation

H-1B employee’s place of employment is about to change. Does a new LCA & amended H-1B petition have to be filed with USCIS?

I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa.

Can I work for a U.S. company from abroad? Do I need a U.S. visa to work for a U.S. company from abroad?

District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure

Trump Administration Proposes to Scrap H-1B Lottery in Favor of Wage-Based Selections

Will it be easier to get an H-1B visa under the new administration? What changes were made with regards to H-1B visa during the Trump administration?

What impact will the presidential election have on immigration? Will the new president terminate the Covid-19 presidential proclamations?

What impact will a Biden/Harris administration have on current immigration policy?

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

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?

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

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

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

E-3 visa questions and answers

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

Who is a cap exempt employer?

I am on an E-3 visa and my I-94 extends past my Labor Condition Application end date. Can I remain in the U.S. and work?

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

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?

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

Trump to Sign Executive Order Temporarily Suspending H-1B, J, and L Visas Until December 31

What is the H-1B visa application process?

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?

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?

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