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H-1B and E-3 Visa

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Trump Signs Executive Order Reviewing Federal Contractor and Subcontractor Use of Nonimmigrant Workers H-1B and E-3 VisaImmigration

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.…
August 11, 2020
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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? H-1B and E-3 VisaImmigration

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…
July 7, 2020
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? H-1B and E-3 VisaImmigrationL-1 VisaTN 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…
June 26, 2020
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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? H-1B and E-3 VisaImmigration

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…
June 25, 2020
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Presidential Proclamation Suspends Some Non-Immigrants from Entering the US Until December 31 H-1B and E-3 VisaImmigrationL-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…
June 23, 2020
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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 and E-3 VisaImmigration

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…
June 12, 2020
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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? E-1 VisaE-2 VisaExtraordinary AbilityH-1B and E-3 VisaImmigrationInvestor 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…
June 11, 2020
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? Extraordinary AbilityH-1B and E-3 VisaImmigrationTN 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…
May 29, 2020
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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? H-1B and E-3 VisaImmigration

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…
May 8, 2020
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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?? H-1B and E-3 VisaImmigration

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 can adjudicate every year (65,000 Regular Cap petitions and additional 20,000 U.S. Advanced Degree Petitions). Every…
April 22, 2020
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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? H-1B and E-3 VisaImmigration

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 petitions that USCIS can adjudicate every year (65,000 Regular Cap petitions and additional 20,000 U.S. Advanced…
April 16, 2020
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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? H-1B and E-3 VisaImmigration

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…
April 15, 2020
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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? H-1B and E-3 VisaImmigration

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…
April 7, 2020
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? E-1 VisaE-2 VisaExtraordinary AbilityH-1B and E-3 VisaImmigrationInvestor VisasL-1 VisaTN 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…
April 7, 2020
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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? Extraordinary AbilityH-1B and E-3 VisaImmigration

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…
March 27, 2020
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