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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. H-1B and E-3 VisaImmigration

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…
December 30, 2020
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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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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? H-1B and E-3 VisaImmigrationWhite 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…
November 10, 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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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 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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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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What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date? H-1B and E-3 VisaImmigration

What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date?

Let’s analyze the following scenario: You were in the U.S. on a post-completion OPT and found an employer willing to sponsor you for an H-1B visa. The employer filed an H-1B cap petition that got approved in July with the…
February 24, 2020
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What is the New H-1B Registration Process? What is changing for H-1B petitions this year? Will there be a lottery for H-1B petitions? What is the new H-1B registration Process? H-1B and E-3 VisaImmigration

What is the New H-1B Registration Process? What is changing for H-1B petitions this year? Will there be a lottery for H-1B petitions? What is the new H-1B registration Process?

On January 9, 2020, USCIS formally announced details of the new H-1B cap registration process for FY 2021. The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer…
February 3, 2020
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Who Can Petition for the O-1 Visa? What is an Agent and Who Can Be an Agent? What are the Different Types of Agents for O-1 Visas? Extraordinary AbilityImmigration

Who Can Petition for the O-1 Visa? What is an Agent and Who Can Be an Agent? What are the Different Types of Agents for O-1 Visas?

The O-1 nonimmigrant visa is for individuals who possesses extraordinary ability in certain fields.  These people are good at what they do and have been recognized by their peers for their contributions.   For more information about O-1 visa petitions, please…
January 31, 2020
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I am currently in the U.S. on H-1B status. Can I find a new employer or do I have to keep working for the employer who initially sponsored me for an H-1B? H-1B and E-3 VisaImmigration

I am currently in the U.S. on H-1B status. Can I find a new employer or do I have to keep working for the employer who initially sponsored me for an H-1B?

H-1B visa is a non-immigrant visa that permits a U.S. company to hire workers in specialty occupations. The H-1B visa may be granted for up to 6 years. We sometimes get the following question from potential clients: Company X sponsored…
December 20, 2019
Should I apply for an O-1 Visa or an H-1B Visa? What are the advantages of an O-1 visa? Is an O-1 visa better than an H-1B visa? Do I Qualify for an O-1 Visa? Extraordinary AbilityH-1B and E-3 VisaImmigration

Should I apply for an O-1 Visa or an H-1B Visa? What are the advantages of an O-1 visa? Is an O-1 visa better than an H-1B visa? Do I Qualify for an O-1 Visa?

An O-1 visas are for people with extraordinary ability in a number of fields (e.g. television, science, business, etc.) To learn more about O-1 visas, please click here.  The bar for an O-1 visa is a high one and the…
December 2, 2019
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What is a Recapture petition? Can I recapture time I spent outside the U.S. while on H-1B status? Can I recapture time I spent outside the U.S while on L-1A or L-1B status? H-1B and E-3 VisaImmigrationL-1 Visa

What is a Recapture petition? Can I recapture time I spent outside the U.S. while on H-1B status? Can I recapture time I spent outside the U.S while on L-1A or L-1B status?

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. The beneficiary (the foreign worker) must have a Bachelor’s degree or higher. You can be granted H-1B status in the U.S. for a maximum…
November 19, 2019
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