Category: Employment Immigration



FAQ for H-1B Registration Rules

Important Timeline: Feb 24: Prospective petitioners may begin creating H-1B registrant accounts (accounts creation will remain open throughout the entire registration period). Representatives may create an account at any time. March 1: H-1B registration period opens at noon ET March 20: H-1B registration period closes at noon ET March 31: Date by which USCIS intends to notify selected […]

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Could I still enter the United States despite my prior immigration law violations? -Overview of Nonimmigrant Visa Waiver: 212(d)(3)

It is not uncommon for a nonimmigrant to the United States overstaying their visa while trying to secure a job opportunity or violate part of the regulations related to their status, such as unauthorized employment, overstaying, or going to class/work before one is authorized to do so. Such violations normally have serious consequences resulting in […]

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Maintaining Your Nonimmigrant Status: Overstay, Out of Status, and Unlawful Presence

The consequences of overstay, out-of-status and unlawful presence are related but very different concepts in immigration and bring consequences for a nonimmigrant visa holder.  Overstay Overstay means you stay in the United States beyond the date on your I-94, the corresponding D/S (Duration of Status) with DS-120, I-20, or Labor Certification. For example, your I-94 […]

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Elephant in the Room: Unauthorized Employment

What is unauthorized employment? According to the USCIS Policy Manual, unauthorized employment is any labor or service performed for an employer within the U.S. by a foreign national who is not authorized to accept employment. This could include working beyond the authorized period or scope of one’s employment authorization or violating one’s visa requirements.  Here […]

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H-1B Visa Alternative: O visa for Individuals with Extraordinary Ability

O-1 visa is being labeled as visas for Individuals with Extraordinary Ability or Achievements. But don’t be scared away by the “extraordinary ability” title. It is a visa that has been widely used in the field of sciences, arts, education, business or athletics.  Eligibility of O-1 visas:  It has to be petitioned by an U.S. […]

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Employment Authorization Renewal Issues

Being admitted to the United States does not mean that you are permitted to work legally in the country. In fact, many nonimmigrant visa holders are not permitted to work at all, such as a B-2 visitor’s visa or people entered under visa waiver programs (VWP). Other employment-based nonimmigrant visas, such as H-1B, L-1, O, […]

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FAQ: What you need to know as an International Student taking distance-learning courses in Fall 2020?

The U.S. Immigration and Customs Enforcement (ICE)’s the Student and Exchange Visitor Program (SEVP) on July 6, 2020 announced that they will no longer provide exemptions for international students who are taking online courses due to the pandemic during the Fall 2020 semester. Please click here for the complete information. The following are some common […]

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Executive Order to Freeze H-1B, J-1, L-1, H-2B Visa Entry

On June 22, 2020, President Donald Trump signed an executive order banning entries of certain work visa holders. The summary of the executive order is as follows: Who is affected under this June 22 Executive Order?  The executive order applies to the foreign nationals who are: Currently outside of the United States  Without a valid […]

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