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H1B

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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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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 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
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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
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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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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
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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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Does Covid-19 impact my obligations as an H-1B or E-3 Employer? What things should I keep in mind? Is Part-Time Work Possible? Is furlough possible for an H-1B employee? COVID-19

Does Covid-19 impact my obligations as an H-1B or E-3 Employer? What things should I keep in mind? Is Part-Time Work Possible? Is furlough possible for an H-1B employee?

Covid-19 has changed the rules for travel, engagement and employment.  Many companies have already started to reduce wages and put staff on leave.  Some companies have terminated employees.  For companies that have employees in E-3 or H-1B status, they must…
March 26, 2020
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Coronavirus Update: USCIS Announced Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions COVID-19

Coronavirus Update: USCIS Announced Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions

USCIS has announced today, March 20, the immediate and temporary suspension of premium processing service for all Form I-129 and Form I-140 petitions until further notice due to the coronavirus outbreak. Premium processing costs $1410 and guarantees that USCIS will…
March 20, 2020
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What is a specialty occupation? Do I have to have a degree to qualify for an H-1B visa? Do I have to have a degree from a U.S. University to qualify for an H-1B visa? H-1B and E-3 VisaImmigration

What is a specialty occupation? Do I have to have a degree to qualify for an H-1B visa? Do I have to have a degree from a U.S. University to qualify for an H-1B visa?

If your employer wants to sponsor you for an H-1B visa, the job position must be a specialty occupation, meaning, that it requires a theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s…
March 16, 2020
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Can a H-1B Petition Still Be Approved If I Don’t Have a Professional License That is Required for a Job? What Happens If I Do Not Have a License to Practice a Job That Require a License? H-1B and E-3 VisaImmigration

Can a H-1B Petition Still Be Approved If I Don’t Have a Professional License That is Required for a Job? What Happens If I Do Not Have a License to Practice a Job That Require a License?

There are certain specialty occupations that require the appropriate licensure in order to be able to perform the duties required on the job. For example, an attorney would need a license to practice law, an architect requires a license to…
March 16, 2020
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