H-1B visa | Scott Legal, P.C.

What are the H-1B Employer Obligations? What Does an Employer have to do when Filing an H-1B Petition?

What are an employer’s obligations when H-1B employment starts? 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…

IanScottAugust 14, 2017

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

What is an E-3 Visa? What are the Requirements of an E-3 Visa? Is an E-3 Visa the same as an H-1B visa?

For Australian nationals seeking to live and work in the United States, an E-3 visa may be an excellent option. The E-3 visa classification is only available to Australians, and permits Australian nationals to work in a “specialty occupation” for…

IanScottMarch 22, 2017

H-1B and E-3 Visa Immigration

USCIS Freezes H-1B Premium Processing

An H-1B visa is a visa that allows U.S. employers to hire applicants in specialty occupations. The visa has a relatively low bar in that the job must require a Bachelor's Degree (BA). A full set of H-1B requirements can…

IanScottMarch 5, 2017

H-1B and E-3 Visa Immigration

What is a H-1B Visa? Do I qualify for an H-1B Visa?

The H-1B is a non-immigrant visa which allows U.S. employers to temporarily hire foreign workers in specialty occupations. To qualify for the visa, the Beneficiary (the foreign employee) must have a Bachelor’s degree, the job must require a bachelor’s degree,…

IanScottFebruary 18, 2017

Immigration

What is Nonimmigrant Intent? What is Dual Intent?

Intent is an important concept in immigration law. Under the law, most foreign nationals coming to the United States are presumed to be immigrants (meaning there is a presumption that they want to move to the U.S. permanently) and they…

IanScottDecember 20, 2016

Family Immigration 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

Can I File my H-1B Petition without a Certified Labor Condition Application?

What is an H-1B Visa? 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…

IanScottSeptember 22, 2016

Approvals

H-1B Visa Approved for British National Employee of Recruitment Firm filed at U.S. Citizenship and Immigration Services

Scott Legal, P.C. just received an approval for an H-1B visa for a British national from the U.S. Citizenship and Immigration Services (USCIS). The visa was approved for an employee of a recruitment firm focused on specialist markets across the Financial, Industry & Commerce and…

IanScottAugust 12, 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

H-1B and E-3 Visa Immigration

H-1B Visa – Employers Should Expect The Cap Will Be Filled Quickly & Premium Processing Has Been Delayed

April 1 is fast approaching and almost everyone agrees that the H-1B cap will be filled very quickly this year. Recently, the government was added to the list of those who thought exactly this and announced as much to the…

IanScottJanuary 22, 2013

H-1B and E-3 Visa

Did You Apply For An H-1B Visa? H-1B Cap Already Reached! What to Do Now That The Cap Has Been Reached

H-1B Visa Cap Reached in First 5 Days – What Will Happen? Just as most experts predicted, the U.S. government just announced that it had received over 85,000 H-1B Visa applications and as such has already reached the statutory cap…

IanScottJanuary 8, 2013

H-1B visa | Scott Legal, P.C.

What are the H-1B Employer Obligations? What Does an Employer have to do when Filing an H-1B Petition?

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?

What is an E-3 Visa? What are the Requirements of an E-3 Visa? Is an E-3 Visa the same as an H-1B visa?

USCIS Freezes H-1B Premium Processing

What is a H-1B Visa? Do I qualify for an H-1B Visa?

What is Nonimmigrant Intent? What is Dual Intent?

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?

Can I File my H-1B Petition without a Certified Labor Condition Application?

H-1B Visa Approved for British National Employee of Recruitment Firm filed at U.S. Citizenship and Immigration Services

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

H-1B Visa – Employers Should Expect The Cap Will Be Filled Quickly & Premium Processing Has Been Delayed

Did You Apply For An H-1B Visa? H-1B Cap Already Reached! What to Do Now That The Cap Has Been Reached

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