On day one, President Biden reversed two H-1B rules recently issued by the Trump Administration that have stymied H-1B employers and employees. Trump H-1B Regulations – What Are They? The Trump Administration issued 2 new H-1B rules in the past few months. The first, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” narrowly amends a regulation… Read more »
Posts Categorized: H-1B Professional Workers
Lost My H-1B Job? What are My Rights and Options?
During the COVID-19 pandemic, I received several questions from H-1B workers who are losing their jobs. The H-1B non-immigrant work visa allows foreign workers to temporarily work in the U.S. in specialty fields such as IT, architecture, engineering, mathematics, science, and medicine. While many advantages to H-1B status, one drawback is that your rights to… Read more »
I Am In H Status and Am Terminated, Furloughed, or Wage Reduced: H-1B and H-2B Life after Covid-19
Covid-19 has turned the US labor market into a bloodbath – but it’s even worse for those foreign persons who work here temporarily on visas like the H-1B (professional) or H-2B (seasonal workers). First, try to get the employer to give the H worker time to change into a different status before the effective termination… Read more »
Recap of H-1B Season 2019-20
On August 15, 2019, United States Citizen and Immigration Services (USCIS) formally announced the return of all rejected H-1B cases who lost in the H-1B lottery this fiscal year. The lottery was completed on 11th April 2019. Here’s a quick recap of the H-1B Season 2019-20: More petitions were filed 201,011 foreign nationals put in… Read more »
USCIS Announced that All H-1B Rejections for FY2016-17 Processed
Well, another disappointing H-1B season as I had NOT ONE client win the H-1B lottery this fiscal year. It made me realize that I actually had been lucky over the past 5 years since the lottery process has been really competitive with one or more clients winning – but not this year. The H-1B gods… Read more »
USCIS H-1B Cap Random Selection Process Completed for FY 2017
It is H-1B Cap Season again. U.S. Citizenship and Immigration Services (USCIS) just held lotteries on April 9 for both the standard and advanced degree H-1B visa caps for fiscal year (FY) 2017, with a work start date of October 1, 2016. Employers filed roughly 236,000 petitions for H-1B guest worker visas, setting a new record…. Read more »
Moving Work Locations – When Does It Affect An H-1B Petition?
In Matter of Simeio Solutions, LLC, decided April 9, 2015, USCIS’ Administrative Appeals Office held that, in addition to employers certifying a new Labor Condition Application (LCA) when an H-1B worker changes worksite locations, the US employer must now file an amended H-1B petition before placing an H-1B worker in the new worksite location. While… Read more »
What Happens When my H-1B 6-year Period Expires?
The coveted H-1B visa is actually capped to a total of 6 years. It is issued in a three-year increment so technically you can renew it for another three-year period. This is yet another frustrating problem with the H-1B visa in addition to getting one of the 85,000 visas per year. Over 175,000 applicants applied… Read more »
US Economy Demands an Expansion of the H-1B Visa
In order to attract and retain the best and the brightest young people from other countries and employ them here in the United States, the US Citizenship and Immigration Services issues the H-1B visa. Those that qualify for this visa must have “specialized knowledge” which usually equates to a baccalaureate degree. The degree must directly… Read more »
Do Unemployment Rates Affect H-1B Visa Applications?
With the recent downturn in the United States unemployment rate, some individuals can take advantage of the H-1B visa, a three-year, non-immigrant visa for professional foreign workers operating in the United States. Do you qualify for this specialized visa? A qualified immigration attorney can let you know for sure. What is the H1B Visa? The… Read more »