How the New H-1B Lottery Impacts F-1 OPT Cap-Gap

Written on .

          The upcoming H-1B lottery season will be significantly different than how it has been in recent years. These changes will have a significant impact on F-1 nonimmigrants that are on OPT/STEM OPT that seek to utilize cap-gap to extend their...

Working Outside the U.S. While on H-1B

Written on .

                An individual working outside the U.S. is not subject to U.S. immigration laws. Therefore, it is permissible for a foreign national to work for their U.S. employer while outside the country. While working for the U.S. employer an individual...

FAQ's on Consular Processing

Written on .

U.S. consulates are set up around the world to assist and protect U.S. citizens and facilitate trade and friendship between the people of the United States and foreign country. There are more than 20 nonimmigrant visa types for people traveling to...

The 240 Day Rule for Continued Work Authorization

Written on .

Due to the long processing times and the lack of premium processing for most of last year, many diligent employers have been left concerned over how long their employees with pending petitions are authorized to continue working. In many cases, these...

Selected in the Quota Lottery? 3 Key Reminders

Written on .

#1: Cap-gap is automatic. The cap-gap extension is automatic for students with a pending H-1B petition that requested a change of status. This is only granted if the student was on valid OPT or STEM OPT on the day the H-1B petition was filed and their...

How to Handle Employees on Cap Gap

Written on .

            We’ve reached that time of the year again where employers of foreign student workers must navigate their employee’s work authorization while their H-1B quota petition is pending. Unfortunately, long wait times have become the new normal...

When is a person considered as counted against the H-1B cap?

Written on .

            The H-1B nonimmigrant classification is one of the most common ways for a foreign national to come to the United States to work on a temporary basis. There is a limit on the number of available H-1B visas that can be issued in each fiscal...

USCIS Completes Data Entry for FY 2020 H-1B Cap Season

Written on .

Today USCIS announced that it has completed data entry for all fiscal year 2020 H-1B cap-subject petitions. USCIS will now begin returning all H-1B cap-subject petitions that were not selected in the lottery and will announce when they have finished...

What records are required to be kept for H-1B nonimmigrant employees?

Written on .

Employers of H-1B, H-1B1, and E-3 nonimmigrant employees must comply with Department of Labor (DOL) requirements regarding record keeping. These records should be kept as part of the company’s H-1B Public Access Files (PAF) that are made available...

Final Rule Announced by DHS Regarding Changes to the H-1B Lottery

Written on .

As you may recall from our previous article on November 30th the Department of Homeland Security (DHS) published proposed changes to the H-1B lottery procedure. This morning DHS posted its final rule regarding H-1B cap-subject petitions, which is scheduled...