VISA2US Blog

One of the most popular work visas, the H-1B, has always had strict requirements to get and keep its validity. But now, the Department of Homeland Security (DHS) is trying to amend some of these requirements and oversight. The proposed rule affects H-1B specialty occupation employees and F-1 students who have filed H-1B Cap Subject Petitions. What does this rule include, and how might it affect you? We’ll break it down here.

When you employ foreign workers (or you are the employee), particularly with H-1B visa holders, the terms “E-Verify” and “H-1B portability” often show up. While neither is universal, they are essential in certain aspects of the immigration world. What do these terms mean, and how are they related? We’ll explain those answers here.

It’s unsurprising that the current legislation advocates for change to the immigration system, particularly regarding the H-1B visa. With all the problems that made headlines in 2023, it’s apparent to anyone who pays attention to immigration that an underlying issue must be addressed. One possible solution to alleviate some of the backlog of family- and employment-based green cards is to move the filing dates in the Visa Bulletin forward. How would this benefit current and future H-1B workers? Read on to find out.

With the most recent Visa Bulletin released and the start of the new federal fiscal year in place, you’re seeing the terms H-1B Visa, EB-2 Green Card transfer, and Visa Bulletin everywhere in immigration headlines. What do these terms refer to, and how are they related? We’ll explain what you need to know here.

When you’re trying to obtain an H-1B visa, you must abide by specific beginning and ending dates, and these aren’t always optimal. This can be particularly concerning when you’re a student finishing your university program with a gap between your last day of school and your first day at your new job. Since this is relatively common, the United States Citizenship and Immigration Services (USCIS) has a process in place to streamline your H-1B petition and allow you to remain in the US with a cap gap extension.

The United States immigration program regulations aren’t set in stone. In fact, they undergo revision regularly, with the current focus on a proposed pilot program designed to determine the future of E-Verify as mandatory or optional. Currently, some states require employers to use this remote system to verify employment eligibility. But those that don’t still need a way to verify documents. The Department of Homeland Security has suggested remote I-9 document inspections for employers with 500 or fewer workers. If you are interested in expressing your thoughts on this proposal, you have until October 2, 2023, to do so. Keep reading to find out how this works.

Early in 2023, E-Verify made headlines as Florida added legislation to enforce E-Verify as a required part of the employment process for every employee. Although this announcement was met with substantial backlash, the reality is that many other states already have this system in place, including Alabama, Arizona, Georgia, Massachusetts, Mississippi, North Carolina, South Carolina, Tennessee, and Utah. Although it’s voluntary elsewhere, most employers prefer the simplicity and efficiency of the system, and USCIS has made the program even more accessible with its newly released remote verification options. Read on to learn more about what this involves.

Foreign nationals on an F-1 student visa often prefer to stay in the United States and continue their careers. The H-1B work visa is one way to do this. However, most job offers are obtained through businesses under the “capped” category. In these situations, a limited number of visas are allotted annually, and those approved can’t enter the US to begin work until October 1 of that fiscal year. So what happens to those in F-1 status who are approved for an H-1B visa but their OPT authorization or F-1 grace period expires before October 1? That’s where the H-1B Cap Gap Extension kicks in, and we’ll explain the details here.

If you’ve been following immigration law in the United States, you know that what happens in one state often sets the stage for others to follow. That may be the case in Florida, where recent legislation has made it required for private employers with 25 or more workers to use E-Verify. This is the federal government’s database used to verify work authorization. What does this mean for employers of foreign national workers and the workers themselves? Read on to find out.

When you’re a foreign national attempting to get authorization to leave your country and live and work in America, there are multiple categories you can look into. These employment-based visas are typically contingent on having a legitimate job offer before applying for the document. But if you are eligible for a National Interest Waiver, you can skip this requirement. How does the NIW work, and how can you increase your chances of getting yours approved? Keep reading to find out.