Category: Visas

F-1s who are awaiting their H-1B decision are now given cap gap authorization on their expiring OPT until April of the following year as briefly explained here: https://www.uscis.gov/i-9-central/form-i-9-related-news/form-i-9-handbook-updated-to-reflect-final-rule-for-eligible-f-1-students

These updated policies will make some requirements of the temporary visa called O-1 Extraordinary Ability category easier to document and win. Read more under USCIS’s O-1 Policy here: https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4 But keep in mind that for the green card equivalent category called EB-1A, the position must meet...

USCIS Revises Form I-9, Used for All New Hires in U.S. Please see I-9 release by USCIS on 11/14/16: Click here to read more.

Please see detailed information and article by Cora-Ann Pestaina: Read more

Question: I came to the US in August 2007 and completed my Masters in Electrical Engineering in December 2009. Then I got enrolled in an MBA program in January 2010. In the meantime my F-1 visa got expired and I went to India to get a new F-1 visa. I was not eligible for...

The visa-interview waiver program for renewing nonimmigrant visas is now permanent, after the conclusion of a two-year pilot program, according to the State Department. As a result of recent revisions to the department's Foreign Affairs Manual, consular...

Question: I have been working with Company B since June 2009. Current I-797 for Company B expires in June 2012. Current H-1B visa stamp in passport is for Company A, and expires on September 7, 2011. I wish to take a quick trip to India this Friday and return on September 5, 2011. I...

Question: I am a salaried employee working for Employer A on an H-1B. I currently have offers from 2 different Clients and I wanted to ask if it's legally allowed for me to work for both of these Clients being on H-1B? My employer is fine with it; however he wants me to send...

Reforming the per-country limits on employment and family-based visas are both up for consideration this week in the House. The purpose of "HR 3012" is to amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes....

Overstay and Unlawful Presence provisions In September 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which imposed penalties on those who stay in the United States beyond the period authorized by the Attorney General. Two new sections of the Immigration and Nationality Act were created to define these...

In August 2011, we posted a link and some background related to the current administration's efforts to attract and retain high-skill entrepreneurs. Specifically, a USCIS press release dated 8/2/2011 confirmed an intention to use current immigration law [including H-1B visas and National Interest Waivers] to fuel the nation's economy and stimulate investment, by attracting...

Back on April 27, 2011, shortly after the FY 2012 H-1B Cap opened, Iposted that H-1B visa usage statistics going back to 2007 demonstrated that U.S. employers were not hiring as much as some reports would like us to believe. Looking at the numbers going back to 2007, it was clear...