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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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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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How many years can I stay in the U.S. on O-1 visa? Does O-1 visa lead to a green card? For which green card should I apply if I am in the U.S. on an O-1 visa? Extraordinary AbilityImmigration

How many years can I stay in the U.S. on O-1 visa? Does O-1 visa lead to a green card? For which green card should I apply if I am in the U.S. on an O-1 visa?

The immigration regulations state that O-1 visa holder can come to the U.S. to perform services relating to an event/events and the O-1 visa will be granted for a period of time necessary to accomplish the particular event or activity (but not…
May 29, 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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I want to apply for an O-1 visa. What is National or International Recognition for Achievement? What is a Record of Major Commercial or Critically Acclaimed Success? Extraordinary AbilityImmigration

I want to apply for an O-1 visa. What is National or International Recognition for Achievement? What is a Record of Major Commercial or Critically Acclaimed Success?

The O-1 nonimmigrant visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally…
May 1, 2020
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What is an Independent Expert Opinion Letter for the Purposes of the O-1B Visa? How Can I Obtain an Independent Expert Opinion Letter? Who is an Independent Expert? Extraordinary AbilityImmigration

What is an Independent Expert Opinion Letter for the Purposes of the O-1B Visa? How Can I Obtain an Independent Expert Opinion Letter? Who is an Independent Expert?

As part of your O-1B extraordinary ability visa process, you may obtain expert opinion letters from certain key individuals.  Considering the importance of the letters, it is worth the time and effort to seek expert opinion letters from experts who…
April 28, 2020
I am an employer and may need to furlough, reduce the working hours, or reduce salaries of my staff. Can my L-1 employees work part-time? Can they be furloughed? COVID-19

I am an employer and may need to furlough, reduce the working hours, or reduce salaries of my staff. Can my L-1 employees work part-time? Can they be furloughed?

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 reduced hours or terminated employees. Employers are facing difficult questions about how to proceed in light…
April 28, 2020
Coronavirus Update: DHS to Allow Farms to Hire Farm Workers Holding Valid H-2A Visas and Already in the US News

Coronavirus Update: DHS to Allow Farms to Hire Farm Workers Holding Valid H-2A Visas and Already in the US

The Department of Homeland Security has announced a temporary rule to allow farmers facing delays in getting approval for foreign agricultural laborers to hire farmworkers holding valid H-2A visas and already in the U.S. The H-2A program allows U.S. employers…
April 17, 2020
I am on an L-1 visa and my employment was terminated because of Corona virus/COVID-19. What are my options? Do I have to depart the U.S. right away? COVID-19

I am on an L-1 visa and my employment was terminated because of Corona virus/COVID-19. What are my options? Do I have to depart the U.S. right away?

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 in the U.S. on an L-1 visa and you have been…
April 16, 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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I am an artist and I want to apply for an O-1B visa. What does extraordinary ability in arts mean? What is the definition of “arts”? Extraordinary AbilityImmigration

I am an artist and I want to apply for an O-1B visa. What does extraordinary ability in arts mean? What is the definition of “arts”?

f you are an artist and you want to apply for an O-1B visa, you will have to demonstrate that: You have an extraordinary ability in the arts which has been demonstrated by national or international acclaim, and You are…
April 10, 2020
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