If your work visa application was denied you can try to come back to the U.S. on a B-1 or B-2 visa but you should anticipate questions at the border about your plans in the U.S.
Certain U.S. work visas allow for a 240-day extension of work authorization while the extension is pending if the extension is filed by the same employer.
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…
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…
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…
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…
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…
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…
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…
At the moment, USCIS is not offering flexibility to nonimmigrant who are unable to depart the U.S. because of the COVID outbreak. Foreign nationals who are soon out of status may seek a change or extension of status to stay…
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…
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…
The initial registration period for the FY2020 H-1B cap will open at noon Eastern Standard Time on March 1 and run through noon EST on March 20. During this time, prospective petitioners and legal representatives will be able to fill…
Starting this year, all prospective H-1B applicants must first be registered online on the USCIS myUSCIS website in order to be in the pool for the H-1B visa lottery. Online account creation is now available for prospective petitioners and legal…
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…
We just received an H-1B approval from USCIS for a cap-subject H-1B. The applicant is an Engineer and has a Master’s Degree in Engineering from a U.S. University. USCIS issued a Request for Evidence in August. Scott Legal submitted a…
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…
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…
We just had an H-1B visa stamp approval at the U.S. Consulate in Osaka, Japan. The H-1B employee is a national of Japan. The employer is based in New Jersey and the employee works as an Engineer. Click on the buttons below…
On Thursday, USCIS has formally announced details of the H-1B cap registration process for FY 2021. Starting next year, employers will have to register each individual foreign national they would like to sponsor for the lottery first. Once registered, USCIS…
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…
We just had an E-3 visa approval for an Australian national at the U.S. Consulate in Sydney. The applicant will be working for a major e-commerce company based in New York. He had been working at the company during his…
USCIS has announced today that it has successfully completed the testing phase of the online registration system for the H-1B lottery. To learn more about the H-1B visa and your eligibility, please click here. The online registration process will be implemented…
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…
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…
Scott Legal, P.C. keeps up to date on the issues related to the practice areas we specialize in. We also regularly publish articles in this blog so that we can share that information with you. Please feel free to contact us and ask us any questions you have about our posts. Also, please feel free to comment in the comment section and/or share the posts with friends and family on Facebook, Twitter and Linkedin.
We use cookies on our website to give you a relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.