Non-Immigrant Visas

Thousands of H-1B Applicants Lose Their Jobs

It is past October 1, 2018 and USCIS has yet to process thousands of H-1B applications, putting in jeopardy a ton of H-1B visa applicants who can no longer work in the United States as of yesterday. Applicants for an H-1B visa who had with expired F-1 visas or recent graduates who worked under the Optional Practical Training (OPT) program are given an extension — known as a “cap...

No Changes to TN Visas Under New NAFTA Agreement

The United States and Canada have agreed to a new NAFTA deal and left untouched TN (NAFTA) visas for Canadian and Mexican professionals working or aspiring to work in the United States. The TN nonimmigrant classification, authorized by NAFTA, permits qualified Canadian and Mexican citizens to seek temporary entry into the United States for three years at a time to engage in business activities at a professional level. You...

USCIS Issues New Guidance on L-1B Visas

The U.S. Citizenship and Immigration Services released an updated policy memorandum on March 24, 2015, on L-1B intracompany transferees with “specialized knowledge,” which it said is designed to aid businesses in bringing overseas employees to their U.S. offices. The memo (PM-602-0111) is part of President Barack Obama’s executive action on immigration, announced in November 2014. However, we have been eagerly awaiting updated L-1B guidance from the agency for several years, complaining...

Time to Plan for H-1B Season

U.S. Citizenship and Immigration Services will begin accepting H-1B highly skilled non-immigrant petitions for fiscal year 2016 on April 1, adding that it expects to receive more petitions than there are visas available. The annual H-1B cap is 65,000, with an additional 20,000 visas reserved for workers with a master’s degree or higher from a U.S. college or university. In 2014, U.S. Citizenship and Immigration Services received 172,500 H-1B...

The Much Anticipated H-4 EAD Unveiled

The Department of Homeland Security has finally announced that effective May 26, 2015, spouses of H-1B non-immigrants on H-4 visas can apply for employment eligibility. The news is welcome relief for thousands of spouses on H-4 visas who have been lawfully present in the U.S. but unable to work legally. The rule change would allow H-4 spouses to apply for employment authorization if their H-1B spouse is a beneficiary of an approved...