H-1B

Cap-Gap and Unlawful Presence Warning for F-1 OPT Students with Pending H-1B Petitions

September 30 marked the end of work authorization for F-1 students who were working based upon their pending  “cap-gap” H-1B petitions.  Until the H-1B petition is decided, these students can remain in the U.S. but must stop working as of October 1.  If the student continues working, he or she will no longer have legal status and will accrue unlawful presence, which could jeopardize their H-1B pet...
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Suspension of Premium Processing for Most H-1B Petitions Begins September 11

Premium processing offers guaranteed 15 day processing for many types of immigration petitions and applications, including H-1B petitions.  Earlier this year, the USCIS suspended premium processing for H-1B petitions for employment subject to annual numerical limits, commonly known as the “H-1B cap-subject” petitions. On August 28, 2018, the USCIS announced that the premium processing option wi...
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H-1B Cap Reached for FY2019

USCIS released the following statement on April 6: USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap. The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited...
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H-1B Employers: Ready for the FY 2019 H-1B Cap Season?

H-1B Employers: Ready for the FY 2019 H-1B Cap Season? The race for H-1B professional worker visas begins April 2, 2018.  Employers of recently graduated foreign students and others will vie for new visas, which are limited to  65,000 per fiscal year (the “H-1B cap”).   And of these, 6,800 are reserved for citizens of Chile and Singapore under certain free trade agreements, effectively leaving on...
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Premium Processing Now Available for all H-1B Petitions

USCIS announcement on 10/3/2017: WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions. H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, engineering, and mathematics. When a ...
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Premium Processing Now Available for Pending H-1B Cap Cases

USCIS recently announced the availability of 15 day guaranteed premium processing for pending H-1B cap cases: "U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions tha...
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Premium Processing Now Available for Certain H-1B Cap-Exempt Petitions

Premium Processing Now Available for Certain H-1B Cap-Exempt Petitions U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degre...
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OMG! The USCIS Just Suspended H-1B Premium Processing. What Will Happen to My Application and When Can I Work?

The US Citizenship and Immigration Service (USCIS) will suspend the H-1B premium processing program starting April 3, 2017. The suspension currently applies to all H-1B petitions and could last for six months.  Premium processing is simply expedited service for a premium of $1225. It means the government guarantees action on the H-1B petition within 15 days of payment of the fee. According to ...
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Top 10 Pointers on What to Expect and Do When the Government Shows Up at Your Workplace for an H-1B Site Visit

Top 10 Pointers on What to Expect and Do When the Government Shows Up at  Your Workplace for an H-1B Site Visit You hold an H-1B visa and are going about your usual duties at work when you get a call that a government agent wants to speak with you.  As you descend the elevator to the lobby, your imagination goes wild.  As you meet the agent, he identifies himself as an FDNS inspector and wants to...
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IMG Physicians: Negotiating your work visa sponsorship

 If you’re an IMG physician, you have an extra job-search consideration—you seek not only employment but also an employer who will sponsor your visa. Here’s what you need to know about finding a willing sponsor. When searching for job opportunities, physicians have tons of considerations—location, compensation, paid time off, work schedule, quality of life and more. But most IMG physicians have a...
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