1. What are the basic requirements of the 60-day grace period?
To qualify for the 60-day grace period, you would need to have a valid I-94 and a “cessation” or termination of employment.
Note, if you are transferring to a new company (Company B)...
The COVID-19 pandemic has forced employers and employees to quickly adjust work arrangements to ensure business continues seamlessly. Many employers have implemented remote work arrangements and, in some cases, adjusted employee work hours and pay....
Due to the unexpected unavailability of work, employers may need to consider terminating their H-1B employees in response to the COVID-19 pandemic.
Temporary layoffs, furlough, or benching of an H-1B employee due to unavailable work is not permissible....
Today, March 27, 2020, USCIS announced that it has received enough electronic registrations during the initial period to reach the Fiscal Year 2021 (FY 2021) H-1B numerical cap. USCIS randomly selected from among the registrations that were deemed...
With the new electronic registration system implemented for the upcoming H-1B lottery, attorneys/employers will need to indicate whether the registrant (the prospective H-1B beneficiary) will be filed under the Master’s cap or the regular cap in order...
Before an H-1B worker can begin work with a new employer or at certain new work locations, an H-1B petition for transfer or amendment must be filed with USCIS. If the worker begins work prior to the required filing, he or she may be identified by immigration...
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...
USCIS has formally announced and released more information on the implementation of the electronic registration process for the upcoming FY2021 H-1B lottery. This announcement is a follow up to USCIS’ previous notice on December 6, 2019 regarding the...
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...
Today USCIS announced that it will be implementing the electronic registration process for next year’s H-1B lottery. According to USCIS, the initial registration period will be open March 1, 2020 through March 20, 2020. All those seeking to file an...
One of the requirements that must be satisfied in order to receive H-1B visa status is that the H-1B worker must be qualified for the H-1B specialty occupation.
The primary way to demonstrate an H-1B worker is indeed qualified...
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...
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...
#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...
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...
The Department of Homeland Security (DHS) recently published its Spring 2019 regulatory agenda, which lists rules that the federal government expect to take action on in the next few months. The agenda gives insight as to the agency’s priorities. One...
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 year. This...
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...
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...
An extension of status generally must be filed before the expiration of the I-94. However, sometimes situations arise where this does not happen and an H-1B petition must be filed after the I-94 expires. A common scenario is when an H-4 is not filed...
Today, USCIS announced that premium processing will resume Tuesday, February 19th, but only for H-1B petitions that were filed on or before December 21, 2018:
“USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed...