Category: Employment Immigration


New Features of the USCIS FY2023 H-1B CAP Registration Process

The USCIS hosted an H-1B Electronic Registration Webinar on February 24, 2022. For H-1B Electronic Registration step-by-step guidance, please visit here. The following are some of the newly added features for the FY 2023 H-1B Electronic Registration System: Duplicate Submission Checker: Duplicate submission is prohibited in the H-1B Electronic Registration Process, which makes the registration […]

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Fear of Turning 21: “Aging Out” Your Derivative Visa Status

Many foreign nationals have brought their families to the United States in pursuit of career advancement or employment opportunities. They generally acquire a temporary nonimmigrant visa (such as F-1, J-1, L-1, or H-1B) in the United States while their spouse and/or children have a derivative visa status (such as F-2, J-2, L-2, or H-4). However, […]

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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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