H-1B and E-3 Visa

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H-1B and E-3 Visa Immigration

H-1B registration: Do I have to set up an account on MyUSCIS?

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…

Jenny ZhanMarch 5, 2021

H-1B and E-3 Visa Immigration

USCIS Announces Expansion of Premium Processing Services to E-3 Visas

USCIS announced today that it has expanded premium processing services to include E-3 visa applications. Premium processing guarantees that USCIS will take adjudicative action on the application within 15 days. If USCIS fails to do so, the agency will return…

Jenny ZhanFebruary 24, 2021

H-1B and E-3 Visa Immigration

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Jenny ZhanFebruary 22, 2021

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H-1B and E-3 Visa Immigration

Do I need a license for the H-1B visa if my occupation requires a license?

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa Immigration

Timeline for the Upcoming FY 2022 H-1B Cap Season

The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer from a sponsoring employer in a specialty occupation that is related to their field of study. Currently, the…

Jenny ZhanFebruary 22, 2021

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H-1B and E-3 Visa

What is an “institution of higher education” for the purposes of H-1B Master’s Cap?

Immigration and Nationality Act states that an H-1B Beneficiary who wants to qualify under the “Master’s Cap” had to earn “a Master's or higher degree from a United States institution of higher education.” The question then arises: What is an…

Jenny ZhanFebruary 19, 2021

H-1B and E-3 Visa

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

Jenny ZhanFebruary 19, 2021

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H-1B and E-3 Visa Immigration

Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

Marijan PetrovskiFebruary 15, 2021

H-1B and E-3 Visa Immigration

H-1B Registration 2021: Question and Answers

Marijan PetrovskiFebruary 15, 2021

H-1B and E-3 Visa Immigration

Does the H-1B worker have to be a W-2 employee?

Marijan PetrovskiFebruary 15, 2021

H-1B and E-3 Visa Immigration

What are the H-1B filing fees? How much does it cost to file an H-1B petition?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations . This visa category requires that the foreign worker have at least a Bachelor’s degree (or progressive experience), and the U.S. employer can…

Jenny ZhanFebruary 9, 2021

H-1B and E-3 Visa Immigration

What is an H-1B Public Access File? Questions and Answers

What is a Public Access File? H-1B visa is a highly regulated visa and an H-1B employer has a lot of obligations he/she has to comply with. One of such obligations is to keep a Public Access File (“PAF”). This…

Jenny ZhanFebruary 9, 2021

H-1B and E-3 Visa

H-1B visa: Questions and Answers

Jenny ZhanFebruary 8, 2021

H-1B and E-3 Visa Immigration

FY H-1B Cap Registration Starts March 9!

The initial registration period for the FY2022 H-1B cap will open at noon Eastern Standard Time on March 9 and run through noon EST on March 25. During this time, prospective petitioners and legal representatives will be able to fill…

Jenny ZhanFebruary 5, 2021

H-1B and E-3 Visa Immigration

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

Jenny ZhanJanuary 28, 2021

H-1B and E-3 Visa Immigration

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 Immigration

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

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H-1B and E-3 Visa Immigration

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 Immigration

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 Immigration

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 White House & President Immigration News

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

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Deportation & Humanitarian Immigration H-1B and E-3 Visa Immigration White House & President Immigration News

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 Immigration News

Limited Injunction Against Nonimmigrant H-1B, H-2B, and J-1 Visa Entry Ban

Judge White of the Federal District Court for Northern District of California has issued a limited injunction against the non-immigrant travel ban issued by the Trump Administration against the entry of H-1B, H-2B, and certain J-1 nonimmigrants. The original executive…

Jenny ZhanOctober 16, 2020

H-1B and E-3 Visa Immigration PERM

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 Immigration 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

H-1B registration: Do I have to set up an account on MyUSCIS?

USCIS Announces Expansion of Premium Processing Services to E-3 Visas

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Do I need a license for the H-1B visa if my occupation requires a license?

Timeline for the Upcoming FY 2022 H-1B Cap Season

What is an “institution of higher education” for the purposes of H-1B Master’s Cap?

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

H-1B Registration 2021: Question and Answers

Does the H-1B worker have to be a W-2 employee?

What are the H-1B filing fees? How much does it cost to file an H-1B petition?

What is an H-1B Public Access File? Questions and Answers

H-1B visa: Questions and Answers

FY H-1B Cap Registration Starts March 9!

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

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 a Biden/Harris administration have on current immigration policy?

Limited Injunction Against Nonimmigrant H-1B, H-2B, and J-1 Visa Entry Ban

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?

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