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H-1B

Image courtesy of Nguyen Hung Vu on Flickr (labeled for reuse) https://www.flickr.com/photos/vuhung/14565350736
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? H-1B and E-3 VisaImmigrationL-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…
September 8, 2020
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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
Photo courtesy of Evonne on Flickr, labeled for reuse: https://www.flickr.com/photos/evoo73/9140462500
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
Courtesy of PicServer, labeled for reuse: http://www.picserver.org/images/highway/phrases/employment.jpg
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
Courtesy of PicServer, labeled for reuse: http://www.picserver.org/images/highway/phrases/employment.jpg
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
Courtesy of PicServer, labeled for reuse: http://www.picserver.org/images/highway/phrases/employment.jpg
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
Courtesy of PicServer, labeled for reuse: http://www.picserver.org/images/highway/phrases/employment.jpg
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 had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer? Do I have to pay for the employee’s flight? COVID-19

I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer? Do I have to pay for the employee’s flight?

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 had to terminate employment of an H-1B employee, here is a…
April 14, 2020
Courtesy of PicServer, labeled for reuse: http://www.picserver.org/images/highway/phrases/employment.jpg
I want to decrease the salary of my H-1B employee. Do I have to file a new LCA? Do I have to file an amended H-1B petition if the salary is higher than the actual or prevailing wage? COVID-19

I want to decrease the salary of my H-1B employee. Do I have to file a new LCA? Do I have to file an amended H-1B petition if the salary is higher than the actual or prevailing wage?

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. For companies with H-1B employees that are taking the approach of decreasing…
April 9, 2020
Courtesy of PicServer, labeled for reuse: http://www.picserver.org/images/highway/phrases/employment.jpg
I am in the U.S. on H-1B visa and my employment was terminated due to the Corona virus outbreak. Can I stay in the U.S. if I find a new job? How long do I have to find a new job? COVID-19

I am in the U.S. on H-1B visa and my employment was terminated due to the Corona virus outbreak. Can I stay in the U.S. if I find a new job? How long do I have to find a new job?

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 you are currently in the U.S. on an H-1B visa and…
April 8, 2020
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