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H-1B and E-3 Visa Immigration

USCIS Restricts Use of Powers of Attorney

In a new policy memorandum issued on February 16, 2018, USCIS will no longer accept an employer’s applications or petitions if they are signed by outside counsel under power of attorney. Filings made on behalf of a corporation or other…

Jenny ZhanMarch 5, 2018

H-1B and E-3 Visa Immigration

No Procedural Changes for H-1B FY2019 Cap Season

The United States Citizenship and Immigration Services’ Service Center Operations Directorate (USCIS SCOPS) confirmed that it is not anticipating any procedural changes for the Fiscal Year 2019 H-1B cap season. USCIS intends to follow the same procedures that were used…

Jenny ZhanJanuary 26, 2018

H-1B and E-3 Visa Immigration

OPT, Cap-Gap, and H-1B Beneficiary Change of Employer Prior to October 1st

“Cap Gap” is the government’s solution to a problem that many F-1 students on Optional Practical Training (OPT) who had successfully filed an H-1B petition faced: many OPT periods end in the early summer, and even with the provision of…

IanScottJune 16, 2017

H-1B and E-3 Visa Immigration

H-1B visas: What are my options for changes or extensions of status after employment ends?

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. A specialty…

IanScottMay 13, 2017

H-1B and E-3 Visa Immigration

H-1B Petitions have Been Selected & Petitions Not Selected Will be Returned

The U.S. Government has completed entering the data for H-1B petitions for this year. This means that if you have not yet received a receipt notice and/or your check has not been cashed, your petition may not have been selected. …

IanScottMay 4, 2017

H-1B and E-3 Visa Immigration

I am in H-1B status but I also want to study. Can I study in the U.S. in my H-1B status? Can I work and go to school at the same time in H-1B status?

If you are in H-1B status, and you can manage to fit in classes with your current schedule, it is fine to also study in the United States. Your H-1B is tied to your employment, so as long as nothing…

IanScottApril 28, 2017

H-1B and E-3 Visa Immigration

How can I extend my H-1B visa beyond 6 years? My H-1B Time is Running Out, What can I do?

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 beneficiary (the foreign worker) have a Bachelor’s degree, and the Petitioner (the U.S. company) can employ the…

IanScottApril 20, 2017

H-1B and E-3 Visa Immigration

What are the Trump Administration’s Changes to H-1B Visas?

During election campaign, Donald Trump was a vocal critic of the H-1B system claiming that the visa program stole jobs from American workers. As the H-1B program (like many immigration programs) are in place based on Congressional law, it is…

IanScottApril 11, 2017

H-1B and E-3 Visa Immigration

H-1B Changes for Computer Workers

USCIS has issued a new policy that takes hard aim at computer related technology jobs. The crux of the policy memo is that computer programmer jobs are not presumed to be eligible for the H-1B program. While a computer programmer…

IanScottApril 11, 2017

H-1B and E-3 Visa Immigration

The H-1B Cap Has Been Reached!

USCIS has announced that the H-1B cap was reached even before the Friday April 7th deadline. As such, the government will reject any cap subject petitions received after April. 7th. This means that the government has received over 85,000 petitions…

IanScottApril 8, 2017

H-1B and E-3 Visa Immigration

How do I change my employer while on an H-1B visa? What is the process and how long does it take?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. To be eligible for an H-1B visa, you must have a job offer in a specialty occupation (meaning an occupation that normally requires…

IanScottApril 1, 2017

H-1B and E-3 Visa Immigration

If I have H-1B status through a cap-exempt employer, can I apply for a concurrent H-1B with a cap-subject employer?

The H-1B is a non-immigrant status that permits companies to hire workers in specialty occupations. While the H-1B is a good option for many individuals seeking employment in the United States, the ability to obtain one depends partly on luck…

IanScottJanuary 11, 2017

H-1B and E-3 Visa Immigration

Can I get work authorization as the spouse of an H-1B visa holder? Can I work if my spouse has an H-1B visa and has applied for an immigrant visa?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. Spouses and children of H-1B visa holders may accompany their family member to the U.S. in H-4 status, however H-4 dependent spouses of…

IanScottOctober 12, 2016

H-1B and E-3 Visa Immigration News

H-1B News: USCIS Completes Data Entry of Fiscal Year 2017 H-1B Cap-Subject Petitions

USCIS announced on May 2, 2016, that it has completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected in the computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Additionally, USCIS…

IanScottMay 2, 2016

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H-1B and E-3 Visa Immigration

What is the Impact on an H-1B Petition if an Employee Takes Paid or Unpaid Leave?

If you are in H-1B status and decide to take a leave of absence, you may wonder what happens to your visa status. The impact on immigration status is dependent on the type of leave that an employee takes and…

IanScottApril 15, 2016

H-1B and E-3 Visa Immigration

New Trends in RFE Requests as H-1B Season Approaches – Stay Informed

It is almost H-1B Visa season! USCIS will start accepting H-1B applications on April 1, 2016. Over 100,000 H-1B Visas applications are expected to be submitted to USCIS, but only 85,000 will be accepted—the regular H-1B Visa Cap is 65,000…

IanScottFebruary 23, 2016

H-1B and E-3 Visa Immigration

H-1B Cap Met Even Before Filing Window Closes–Why Is There a Cap?

While America is often called the land of opportunity, immigration law often serves as a barrier for many who graduate from U.S. colleges and have to leave the U.S. after they have spent over $200,000 to be educated here. In…

IanScottApril 10, 2014

USCIS Restricts Use of Powers of Attorney

No Procedural Changes for H-1B FY2019 Cap Season

OPT, Cap-Gap, and H-1B Beneficiary Change of Employer Prior to October 1st

H-1B visas: What are my options for changes or extensions of status after employment ends?

H-1B Petitions have Been Selected & Petitions Not Selected Will be Returned

I am in H-1B status but I also want to study. Can I study in the U.S. in my H-1B status? Can I work and go to school at the same time in H-1B status?

How can I extend my H-1B visa beyond 6 years? My H-1B Time is Running Out, What can I do?

What are the Trump Administration’s Changes to H-1B Visas?

H-1B Changes for Computer Workers

The H-1B Cap Has Been Reached!

How do I change my employer while on an H-1B visa? What is the process and how long does it take?

If I have H-1B status through a cap-exempt employer, can I apply for a concurrent H-1B with a cap-subject employer?

Can I get work authorization as the spouse of an H-1B visa holder? Can I work if my spouse has an H-1B visa and has applied for an immigrant visa?

H-1B News: USCIS Completes Data Entry of Fiscal Year 2017 H-1B Cap-Subject Petitions

What is the Impact on an H-1B Petition if an Employee Takes Paid or Unpaid Leave?

New Trends in RFE Requests as H-1B Season Approaches – Stay Informed

H-1B Cap Met Even Before Filing Window Closes–Why Is There a Cap?

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