Temporary Visas
FAQ: Can I petition for myself for the O visa?
It is absolutely possible to petition for yourself, especially if you are working in a profession that is traditionally occupied by independent contractors. Some examples of these professions are hair dressers, make-up artists, painters, musicians, to name a few. What do I need to do before getting started on my petition? You should find one…
VisaScreen Certificates for Healthcare Professionals
When applying for temporary visas to work in the U.S., USCIS requires many foreign national healthcare professionals to get VisaScreen certificates to certify that their degrees fits the requirements of the visa that they are seeking. The temporary visas that require this certificate are the E-3 Australian Specialty Occupation Professionals, H-1Bs, O-1s, and TNs. The certificate…
J-1 Visa: Foreign Residency Requirement, No Objection Statement (China) and Exceptional Hardship Waiver
We recently worked on a J-1 Visa case where the young lady came here from China on a J-1 Visa, married a U.S. Citizen, and is now seeking a waiver for her foreign residency requirement. The wonderful thing is that J-1 Visas are a good substitute for the overused H-1B, as long as the employer…
Exceptions to the H-1B Six-Year Limit Under American Competitiveness in the 21st Century Act of 2000 (AC21)
My previous post, Is My Potential Employee Cap-Exempt?, explains the six-year limitation for an employee working under H-1B and the concept of recapturing unused time. This is a follow-up to explain the options that may be available for those H-1B employees that are approaching the end of their six years or have exhausted their six years….
H-3 Visa As An Alternative to H-1B
As promised in my tweet earlier, here is a report on the H-3 visa as an alternative to H-1B. First of all, special thanks to Margaret Holland-Sparages, a Senior Associate at Deutsch Williams, for sharing your experience and knowledge with the attendees. It really is a great and under-utilized program and I will very likely be suggesting…
Pokémon Go, the Masuda Method, and Immigration
Pokémon Go was released a little less than two weeks ago and it is already the most reported subject in the history of Google. I am a Millennial, and like many Millennials out there, we were the first to learn of these mythical creatures almost 20 years ago. We have all dreamed of one day…
Is My Potential H1B Employee Cap-Exempt?
As our law firm begins to accept and work on new H1B petitions, many of which are filed subject to the 65,000 cap, it is important to remember that potential employees with petitions filed within the last 6 years could have their H1Bs refiled cap-exempt. Taking advantage of this exemption could provide H1B-dependent employers with unparalleled benefits…
Benefits and Burdens of the New STEM OPT Rules
The new STEM OPT rules became effective May 10, 2016, authorizing students pursuing programs listed in the Designated Degree Program List for 24-month STEM OPT Extensions. This is a significant increase from the 17-month OPT Extension. Additionally, students will also be able to obtain an additional 24-months STEM OPT based on a prior degree, explained in more…