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Deportation & Humanitarian Immigration Immigration

Venezuela Designated for Temporary Protected Status

The Department of Homeland Security has announced that Venezuela has been designed for Temporary Protected Status (TPS) for 18 months, from March 9, 2021 through September 9, 2022. TPS is granted to certain groups of people in the wake of…

Jenny ZhanMarch 9, 2021

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H-1B and E-3 Visa

H-1B visa: Questions and Answers

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 worker for…

Jenny ZhanFebruary 8, 2021

H-1B and E-3 Visa Immigration

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

Jenny ZhanJanuary 28, 2021

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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

H-1B employee’s place of employment is about to change. Does a new LCA & amended H-1B petition have to be filed with USCIS?

It is not unusual that during the validity period of Labor Condition Application (LCA) (which can be issued for up to 3 years), the H-1B employee’s place of employment changes. In 2015, the Administrative Appeals Office issued a very important…

Jenny ZhanJanuary 26, 2021

Approvals

H-1B Change of Employer approval for an Interior Designer at an Architecture Firm

We just had an H-1B approval with U.S. Citizenship & Immigration Services. The applicant is in the U.S. on an H-1B and changed employers. The company is an architecture firm based in California. Click on the buttons below in order…

Jenny ZhanJanuary 26, 2021

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

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

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Immigration Questions & Answers

J-1 trainee visa: Q&A

What is the purpose of the J-1 trainee visa? The purpose of the J-1 trainee visa is to enhance the skills and expertise of J-1 trainees in their particular academic or occupational fields, to improve their knowledge of particular U.S.…

Jenny ZhanOctober 28, 2020

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Immigration Questions & Answers

J-1 internship visa: Q&A

What is the purpose of the J-1 internship program? The purpose of the J-1 internship program is to enhance your skills and experience in a particular academic field and expose you to U.S. techniques or methodologies. Additionally, the J-1 program…

Jenny ZhanOctober 28, 2020

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H-1B and E-3 Visa Immigration L-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…

Jenny ZhanSeptember 8, 2020

E-2 Visa Immigration Investor Visas

Can an E-2 Investor or E-2 Employee get W-2 income from another Company? Can I work for another company on my E-2 visa?

An E-2 visa is available to entrepreneurs who want to start or buy a business in the U.S. You can find out more about the E-2 visa requirements by clicking here. While someone is in the U.S. on an E-2…

Jenny ZhanAugust 21, 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

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

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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Deportation & Humanitarian Immigration Immigration

USCIS Removes 30 Day Guarantee Processing for Work Authorization for Asylum Applicants

USCIS has announced today that the 30-day guarantee processing for work authorization cards for asylum applicants has been removed. The proposal was first announced in September 2019 and made official today. Under the new provisions, USCIS no longer guarantees to…

Jenny ZhanJune 19, 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 and E-3 Visa Immigration

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…

Jenny ZhanJune 12, 2020

E-1 Visa E-2 Visa Extraordinary Ability H-1B and E-3 Visa Immigration Investor 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…

Jenny ZhanJune 11, 2020

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Deportation & Humanitarian Immigration Immigration

Can I work while I am applying for Asylum Protection? What will cause the 180-day Asylum EAD Clock to stop? Understanding Asylum and Work Authorization

Can I work while I am applying for Asylum Protection? Not immediately. In order to apply for permission to work in the United States, 150 days must pass since your complete asylum application was filed where no decision has been…

Jenny ZhanJune 9, 2020

H-1B and E-3 Visa Immigration

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…

Jenny ZhanApril 16, 2020

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…

Jenny ZhanMarch 26, 2020

Venezuela Designated for Temporary Protected Status

H-1B visa: Questions and Answers

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

H-1B Change of Status Petition approved by USCIS

H-1B employee’s place of employment is about to change. Does a new LCA & amended H-1B petition have to be filed with USCIS?

H-1B Change of Employer approval for an Interior Designer at an Architecture Firm

H1B approval for a Finance Professional working in the Food Industry

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

J-1 trainee visa: Q&A

J-1 internship visa: Q&A

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?

Can an E-2 Investor or E-2 Employee get W-2 income from another Company? Can I work for another company on my E-2 visa?

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

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?

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

USCIS Removes 30 Day Guarantee Processing for Work Authorization for Asylum Applicants

What is the H-1B visa application process?

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?

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?

Can I work while I am applying for Asylum Protection? What will cause the 180-day Asylum EAD Clock to stop? Understanding Asylum and Work Authorization

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?

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?

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