H-1B Information

Ever since USCIS revoked its 2010 policy memorandum for determining the employer/employee relationship, I strongly believe that sponsoring your own H-1B visa is possible. However, many have been reluctant to attempt this, and for good reasons. For a long time, USCIS required petitioners to meet multiple criteria to demonstrate the existence of an employer/employee relationship,...

Permitted Activities on H-1B Status While Being a Member of a Multi-Owner LLC The H-1B visa is a non-immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations. This visa is highly sought after by skilled professionals from around the world, as it provides a pathway to work and potentially...

For H-1B visa holders, transitioning to an EB-5 visa can be an attractive option to secure permanent residency. This path eliminates the need for employer sponsorship and can bypass the lengthy visa bulletin backlogs typically encountered when needing to file an I-485 after I-140 approval. Maintaining H-1B Status If an EB-5 applicant is from a...

For many foreign workers in the United States, the H-1B visa program represents an opportunity for professional growth and career advancement. However, navigating the intricacies of the H-1B transfer process can be challenging, especially if you find yourself in a situation where you’ve been benched for an extended period.  Being “benched” refers to a scenario...

H-1B Registration Opens March 6th! As March approaches, so does the opening of the H-1B registration period for FY2025. For many skilled foreign workers and employers alike, this marks a crucial time to secure work authorization in the United States. The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations,...

USCIS recently introduced a final rule that details improvements made to the online filing of H-1B petitions. The rule focuses on establishing a beneficiary-focused selection process for employer registrations and codifies the FY 2025 registration period. As an effort to strengthen integrity and minimize the risk of fraud in the H-1B registration process, selections will...

The U.S. Citizenship and Immigration Services (USCIS) is embracing modernization by introducing online filing for H-1B applications, marking a significant shift from the traditional paper-based submissions. This development promises to be a game changer, significantly reducing both the time and costs associated with the process. The announcement on January 12, 2024, unveiled USCIS’s commitment to...

Students In the dynamic landscape of immigration and employment, international students on F-1 visas in the United States often face uncertainties, particularly when transitioning to H-1B nonimmigrant status. What happens if a student, approved for a change to H-1B status, is laid off or terminated by their H-1B employer before officially obtaining the new status?...