You may have heard in the news about challenges to the STEM OPT program. OPT is Optional Practical Training. It is a way for F-1 students to work in the US to gain experience for one year after their graduation from a US university. “STEM” stands for science, technology, math and engineering. If you are…
On September 30, 2015, Public Law 111-230 sunset. Since 2010, this law has required additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions. H-1B status is for nonimmigrants working temporarily in specialty occupations; L-1A status is for intracompany transferee managers and executives; and L-1B status is for…
If your H1-B employee changes worksites, must you, the employer, file an amended H-1B petition with USCIS? Yesterday USCIS released a new policy memorandum answering this question. By interpreting the April 9, 2015 case Matter of Simeio Solutions, LLC, USCIS is clarifying an employer’s obligations regarding LCAs and amended H1-B petitions. 26 I&N Dec. 542 (AAO…
If you are an H4 spouse of an H-1B skilled worker currently residing in the US, you might now be eligible for a work permit (Employment Authorization Document, or EAD). This is a great change in policy that will allow many brilliant and qualified spouses to enter the workforce. If your H-1B spouse is trying…
Thinking about filing a petition for a cap-subject H-1B in the visa lottery? Here are some things you might need to include, depending on the specifics of the company and the prospective employee. All forms must be properly signed. For a complete list of all requirements, please consult an experienced immigration attorney to thoroughly review…
I was recently presented with the following question: I am a software engineer employed by a company on STEM OPT. My employer wanted to sponsor me for an H-1B but the petition didn’t get picked in the lottery. Do I have any chance of staying in the US or continuing to work for my employer?…
If you are an employer and you have employees on H1-B status, you may have wondered when you need to file an amended H1-B Petition. This is especially important for employers with offsite employees, such as software engineers, where the nature of the employee’s work may change frequently depending on the clients’ needs. There are…