H1B

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Approvals

H-1B Change of Status Petition approved by USCIS

We just had an H-1B Approval with U.S. Citizenship & Immigration Services. The H-1B petition was originally filed as Consular Processing and due to Covid-19 pandemic & Presidential proclamation 10052, the H-1B applicant has been unable to obtain an H-1B…

Jenny ZhanJanuary 27, 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

Approvals

H1B approval for a Finance Professional working in the Food Industry

We just had an H-1B approval with U.S. Citizenship & Immigration Services (USCIS). The beneficiary is a finance professional working in the food industry who changed employers. If a beneficiary is already in the U.S. in H-1B status and meets…

Jenny ZhanDecember 17, 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

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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

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

Immigration News

Judge Blocks USCIS Application Fee Increase

California District Court Judge White has blocked the Department of Homeland Security’s fee increase, originally slated to take effect on October 2, 2020. The October 2 fee increase would have significantly increased the costs for most employment-based applications and other…

Jenny ZhanOctober 5, 2020

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COVID-19

National Interest Exceptions to Travel Ban Expended to H-1B and L-1 Employees

In July 2020, the Department of State announced that certain business and student travelers may apply for a National Interest Exception (“NIE”). The NIE allows such travelers to travel to the United States even with the travel bans remaining in effect.…

Jenny ZhanAugust 17, 2020

H-1B and E-3 Visa Immigration

USCIS Runs Second Lottery to Select More H-1B Cap Cases

USCIS has ran a second lottery to select more H-1B cap cases. USCIS began to notify employers the results of the second lottery run on August 14, 2020. The H-1B visa is a nonimmigrant visa suitable for individuals who have…

Jenny ZhanAugust 17, 2020

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H-1B and E-3 Visa Immigration

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.…

Jenny ZhanAugust 11, 2020

Immigration News

USCIS to Increase Application Fees

The Department of Homeland Security has announced new application fees that will take effect on October 2, 2020. This new announcement will increase the application fees for most application types. USCIS is a for profit agency that uses application fees…

Jenny ZhanAugust 10, 2020

H-1B and E-3 Visa Immigration

What is a Master’s degree exemption for the purposes of H-1B visa?

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 as set by the…

Jenny ZhanJuly 23, 2020

H-1B and E-3 Visa Immigration

Who is a cap exempt employer?

Jenny ZhanJuly 23, 2020

Questions & Answers

Does my passport have to be valid for 6 months beyond my initial period of stay in the U.S.?

If you are coming to the U.S. on a non-immigrant visa (e.g. a B-1 visa or B-2 visa), the general rule is that your passport must be valid for 6 months beyond the date you will exit the U.S. For…

Jenny ZhanJuly 15, 2020

H-1B and E-3 Visa Immigration

USCIS rescinded 2 policy memoranda related to H-1B visa

On June 17, 2020 USCIS rescinded 2 Policy Memoranda related to H-1 visa. This blog post will focus on 2 areas that were impacted by the rescission: Employer-employee relationship One of the H-1B requirements is that there is a valid…

Jenny ZhanJuly 2, 2020

H-1B and E-3 Visa Immigration L-1 Visa TN 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…

Jenny ZhanJune 26, 2020

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H-1B and E-3 Visa Immigration

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…

Jenny ZhanJune 25, 2020

Immigration News

Who does the new Executive Order Banning Certain Visas Impact?

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. According to the President, the reason for the EO was that these individuals…

Jenny ZhanJune 24, 2020

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H-1B and E-3 Visa Immigration L-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…

Jenny ZhanJune 23, 2020

Immigration News

What are the Approval Rates for Visas? How Many Visas Are Approved?

The U.S. Government publishes data on the number of people who apply for visas at U.S. Consulates along with the number of visas that are issued and denied. This blog post summarizes some of the more comment visas and their…

Jenny ZhanJune 23, 2020

H-1B and E-3 Visa Immigration L-1 Visa

Trump to Sign Executive Order Temporarily Suspending H-1B, J, and L Visas Until December 31

The Trump Administration will sign 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. News on Monday afternoon states that this…

Jenny ZhanJune 22, 2020

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H-1B and E-3 Visa Immigration

What is the H-1B visa application process?

If your H-1B registration application was selected in the H-1B lottery, you have a 90 day period during which you have to file an H-1B petition with USCIS. This blog post will walk you through the H-1B application process. File…

Jenny ZhanJune 19, 2020

H-1B Change of Status Petition approved by 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.

H1B approval for a Finance Professional working in the Food Industry

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?

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

Judge Blocks USCIS Application Fee Increase

National Interest Exceptions to Travel Ban Expended to H-1B and L-1 Employees

USCIS Runs Second Lottery to Select More H-1B Cap Cases

Trump Signs Executive Order Reviewing Federal Contractor and Subcontractor Use of Nonimmigrant Workers

USCIS to Increase Application Fees

What is a Master’s degree exemption for the purposes of H-1B visa?

Who is a cap exempt employer?

Does my passport have to be valid for 6 months beyond my initial period of stay in the U.S.?

USCIS rescinded 2 policy memoranda related to H-1B 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?

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?

Who does the new Executive Order Banning Certain Visas Impact?

Presidential Proclamation Suspends Some Non-Immigrants from Entering the US Until December 31

What are the Approval Rates for Visas? How Many Visas Are Approved?

Trump to Sign Executive Order Temporarily Suspending H-1B, J, and L Visas Until December 31

What is the H-1B visa application process?

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