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

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

H-1B and E-3 Visa

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 on March 20. During this time, prospective petitioners and legal representatives will be able to fill…

Jenny ZhanFebruary 28, 2020

H-1B and E-3 Visa

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 for the H-1B visa lottery. Online account creation is now available for prospective petitioners and legal…

Jenny ZhanFebruary 25, 2020

H-1B and E-3 Visa

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 visa. The employer filed an H-1B cap petition that got approved in July with the…

Jenny ZhanFebruary 24, 2020

H-1B and E-3 Visa

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 visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer…

Jenny ZhanFebruary 3, 2020

H-1B and E-3 Visa

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 each individual foreign national they would like to sponsor for the lottery first. Once registered, USCIS…

Jenny ZhanJanuary 10, 2020

H-1B and E-3 Visa

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 up to 6 years. We sometimes get the following question from potential clients: Company X sponsored…

Jenny ZhanDecember 20, 2019

H-1B and E-3 Visa

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 about the H-1B visa and your eligibility, please click here. The online registration process will be implemented…

Jenny ZhanDecember 9, 2019

Extraordinary Ability H-1B and E-3 Visa

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 visas, please click here. The bar for an O-1 visa is a high one and the…

Jenny ZhanDecember 2, 2019

H-1B and E-3 Visa Immigration

Premium Processing Fee to Increase on December 2

Fees for Form I-907 Premium Processing will increase from the current $1410 to $1440 on December 2. Premium Processing Service means that USCIS will issue a decision (approval, denial, Request for Evidence, or Notice of Intent to deny) within 15…

Jenny ZhanNovember 21, 2019

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

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 Bachelor’s degree or higher. You can be granted H-1B status in the U.S. for a maximum…

Jenny ZhanNovember 19, 2019

H-1B and E-3 Visa

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 system is in place. The registration system, which is slated to go into effect for fiscal…

Jenny ZhanNovember 7, 2019

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

Which non-immigrant visa categories allow my spouse to work in the U.S.? How and when can my spouse apply for the work authorization? Can my spouse work for any employer?

If you are currently in the U.S. on a non-immigrant visa, your spouse may be able to work in the U.S. This article will discuss which spouses of non-immigrant visa holders are/are not authorized to work in the U.S. This…

Jenny ZhanOctober 14, 2019

H-1B and E-3 Visa

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 season, your employer files an H-1B Cap Change of Status petition and the case is selected…

Jenny ZhanSeptember 30, 2019

H-1B and E-3 Visa

H-4 EAD Rescission Delayed Until Spring 2020

The Department of Homeland Security has announced that the proposed regulation to rescind the H-4 employment authorization program is not likely to be published until Spring 2020, and that even this estimate is “aspirational”. For more information please click here and here. This…

Jenny ZhanSeptember 20, 2019

H-1B and E-3 Visa

Proposed Rule to Terminate H-4 Employment Authorization Still Under Review

The Department of Homeland Security’s proposal to terminate the H-4 employment authorization program is still under review with the Office of Management and Budget. DHS sent the proposed rule to the OMB for review in February. Typically, proposed rules clear…

Jenny ZhanSeptember 11, 2019

H-1B and E-3 Visa

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 fee of $10 for each electronic registration submitted to USCIS. In the new proposed system, which…

Jenny ZhanSeptember 3, 2019

H-1B and E-3 Visa

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 by August 29, 2019. This year, USCIS received 201,011 filings in the week between April 1…

Jenny ZhanAugust 16, 2019

H-1B and E-3 Visa

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 costs $1410 and guarantees that USCIS will take adjudicative action on the application within 15 days. If USCIS…

Jenny ZhanJune 10, 2019

H-1B and E-3 Visa Immigration

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 H-1B cap online registration system. Starting next year, employers have to register each individual foreign national…

Jenny ZhanJune 3, 2019

H-1B and E-3 Visa Immigration

Can I quit my current job and start working at another employer while my I-485 is pending? Can I use my approved EAD to work at another employer?

Many employment based green card applications are processed while an applicant is on an H-1B visa. This usually involves filing an I-140 petition along with an I-485 petition. You can find out more about the green card process by clicking here.…

Jenny ZhanMay 21, 2019

H-1B and E-3 Visa

USCIS has Completed Data Entry for all FY 2020 H-1B Cap Subject Petitions

USCIS has announced on May 17, 2019 that is has completed all data entry for fiscal year 2020 H-1B cap-subject lottery selection. USCIS has also announced that this year, they have received 201,011 filings in the week between April 1…

Jenny ZhanMay 17, 2019

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

USCIS Form Request Phone Service to Terminate on June 1

Starting on June 1, 2019, USCIS forms can no longer be requested on the phone. Previously, by calling USCIS’ client services, individuals can request application forms and instructions to be mailed to their address free of charge. The forms by mail service…

Jenny ZhanApril 22, 2019

H-1B and E-3 Visa Immigration

H-1B Advanced Cap for FY 2020 has been Reached!

USCIS has received sufficient number of petitions for the congressionally-mandated 20,000 H-1B master cap for FY 2020. The 65,000 regular cap was reached last week. USCIS has also announced that this year, they have received 201,011 filings in the week…

Jenny ZhanApril 16, 2019

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

What is Implied Departure? How can a Canceled Plane Ticket Impact Your USCIS Application? I cancelled my airline ticket, will it impact immigration?

For national security reasons, airlines routinely transmit passenger information to Customs and Border Patrol (CBP) whenever a plane ticket is purchased. This is done at the purchase stage to give CBP sufficient time and resources to conduct background checks and…

Jenny ZhanApril 15, 2019

H-1B and E-3 Visa Immigration

H-1B Regular Cap for FY 2020 has been Reached!

USCIS has received sufficient number of petitions for the congressionally-mandated 65,000 H-1B visa regular cap for FY 2020. USCIS will now determine whether it has received sufficient number of petitions to meet the 20,000 master’s cap, which should be announced…

Jenny ZhanApril 9, 2019

H-1B and E-3 Visa Immigration

Department of Labor issues new LCA Electronic Posting Requirements

New guidelines issued by the Wage and Hour Division of the Department of Labor on March 15, 2019 imposes enhanced obligations on electronic posting requirements of the H-1B labor condition application regulations. A Labor Condition Application (Form ETA 9035) is…

Jenny ZhanMarch 28, 2019

H-1B and E-3 Visa Immigration

New H-1B Database Website to be Unveiled on April 1

USCIS will unveil a new website on April 1, 2019 that will expand on the amount of H-1B petitioner data available to the public. The new website will reportedly allow members of the public to search for H-1B information by…

Jenny ZhanMarch 28, 2019

H-1B and E-3 Visa Immigration

Premium Processing Will be Accepted for the Upcoming H-1B Cap Season

United States Citizenship and Immigration Services (USCIS) announced today that premium processing will be offered in a two phased procedure during the upcoming Fiscal Year 2020 cap season starting on April 1. Premium processing costs $1410 and guarantees that USCIS will take…

Jenny ZhanMarch 19, 2019

H-1B and E-3 Visa Immigration

USCIS Resumes Premium Processing for All H-1B Petitions

Starting today, USCIS will resume premium processing services for all new and pending H-1B petitions. Premium Processing for H-1B Cap applications resumed on January 28, 2019. Premium processing was suspended in September last year to give USCIS a chance to catch up…

Jenny ZhanMarch 12, 2019

H-1B and E-3 Visa Immigration

Proposed H-4 Work Authorization Rescission Regulation Under Federal Review

The Department of Homeland Security has submitted a proposal to rescind the H-4 spousal work authorization regulation to the Office of Management and Budget (OMB) for review. The rule was originally implemented in 2015 under the Obama Administration, permitted certain…

Jenny ZhanFebruary 21, 2019

Client Advice H-1B and E-3 Visa Immigration

FY 2020 H-1B Cap Season Starts April 1, 2019: Things You Should Do and Know

H-1B cap season for fiscal year 2020 will begin on April 1, 2019. Employers should start preparing for cap petitions now as applications not received within the first five business days of April could miss out access due to the…

Jenny ZhanFebruary 7, 2019

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Schedule A Consultation

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?

H-1B Electronic Registration Closes Today!

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?

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?

FY H-1B Cap Registration Starts March 1!

Petitioners can now Create Online Accounts for H-1B Lottery Registration

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?

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?

USCIS Announces H-1B Cap Registration Information

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 Cap Registration Will be Implemented in the Upcoming Fiscal Year Cap Season

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?

Premium Processing Fee to Increase on December 2

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 Registration Fee Implemented

Which non-immigrant visa categories allow my spouse to work in the U.S.? How and when can my spouse apply for the work authorization? Can my spouse work for any employer?

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?

H-4 EAD Rescission Delayed Until Spring 2020

Proposed Rule to Terminate H-4 Employment Authorization Still Under Review

DHS Proposes Fee for H-1B Registration

USCIS Completes Return of Unselected H-1B Cap Petitions

USCIS to Accept Premium Processing for Remaining H-1B Cap Petitions

Proposed H-1B Cap Registration Fee Under Review

Can I quit my current job and start working at another employer while my I-485 is pending? Can I use my approved EAD to work at another employer?

USCIS has Completed Data Entry for all FY 2020 H-1B Cap Subject Petitions

USCIS Form Request Phone Service to Terminate on June 1

H-1B Advanced Cap for FY 2020 has been Reached!

What is Implied Departure? How can a Canceled Plane Ticket Impact Your USCIS Application? I cancelled my airline ticket, will it impact immigration?

H-1B Regular Cap for FY 2020 has been Reached!

Department of Labor issues new LCA Electronic Posting Requirements

New H-1B Database Website to be Unveiled on April 1

Premium Processing Will be Accepted for the Upcoming H-1B Cap Season

USCIS Resumes Premium Processing for All H-1B Petitions

Proposed H-4 Work Authorization Rescission Regulation Under Federal Review

FY 2020 H-1B Cap Season Starts April 1, 2019: Things You Should Do and Know

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