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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 and E-3 VisaImmigration

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 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…
January 28, 2021
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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 and E-3 VisaImmigration

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…
January 26, 2021
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District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure H-1B and E-3 VisaImmigration

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…
December 3, 2020
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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
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? E-2 VisaImmigrationInvestor 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…
August 21, 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
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? H-1B and E-3 VisaImmigrationL-1 VisaTN 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…
June 26, 2020
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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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USCIS Removes 30 Day Guarantee Processing for Work Authorization for Asylum Applicants Deportation & Humanitarian ImmigrationImmigration

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…
June 19, 2020
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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
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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 Deportation & Humanitarian ImmigrationImmigration

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…
June 9, 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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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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