Immigration QA

  Extensions can be beautiful yet complicated. Like hair extensions, H1B extensions can be a very good thing, but are complicated to achieve.  To be sure, both require particular attention. Recently I received some questions about extending an H1B visa. BACKGROUND An H1B, or "H1," visa is a temporary visa allowing a company to petition for a noncitizen with a bachelor's degree or higher to work for the business on specific project whose occupation requires such a degree. Most often it is used for S.T.E.M. occupations, but that is not required.  There is an annual cap on these visas and competition is high to just be allowed to apply for the H1.  Once approved, one can work on an H1B visa for up to six years before needing to go through the "cap" process again. However, an H1B is usually only approved for one to three years, requiring a company to apply for an extension that proves a project still exists for the noncitizen to work on. Also, if a company sponsors ...

Much discussed H1B lottery pre-registration process announced. It was expected. Today the USCIS officially announced that, starting next H1B season, not this H1B season, there will be a pre-selection sign up instead of the traditional post-April 1 application submission lottery.  In addition, it announced a major shift in how Masters Degree candidates are selected, by giving priority to masters cap applications after the lottery’s conducted, as opposed to  selecting them in their own lottery process. Mathematically, this is tantamount to giving an approval edge to applications with masters degree candidates. Here is our prior discussion on the pros and cons of this pre-selection process:  Pros and Cons of H1B Pre-Registration Here is the announcement:  H1B Pre-Selection Proces Announcement . Also, here's the hit song from Kim Wilde in honor of H1B Pre-selection's final arrival:

Today the USCIS finally announced a much anticipated rule regarding next year's H1B visa (specialty occupation worker) application process.  At the moment, a computer-aided lottery is required to simply choose which applications may go forward for simple consideration.  This is because the law requires an annual cap on new H1B visas to be issued every year, about 65,000.  Recently, American companies have submitted about 3 to 4 times that number for their potential foreign employees, resulting in some sort of system to pick which applications to even consider.   H1B applications are complicated, requiring multiple steps to even assemble an application to submit to the government.  Also, the fees are quite high, several thousand dollars for small companies and even more for the larger ones.  For a basic run down on the H1B visa, read my previous run down:  H1B Visas Explained . This is an immigration application. So then why go through al...

"6 years." Get this stuck in your head. Recently I received the following question:   "My old H1B visa was valid from December 2008 to September 2011.  I only physically stayed in the U.S. on that visa for 9 months.  Now I want to apply for another H1B visa.  Am I eligible for H1B cap-exempt?" Answer:   You are always eligible for a cap-exempt H1B.  That means your petitioning employer is a nonprofit or educational institution, and for that there is no deadline or lottery.  I assume your old H1B was cap-subject?  If you are interested in another cap-subject H1B visa, then it appears the 6 year time limit has expired from your old visa and it can no longer be transferred to a new employer.   It's important to maintain constant awareness of one's time on H1B.  As you approach 5 years, so too does the H1's "final countdown."  An employer must now submit a fresh petition on your behalf for a new cap-subject H1 next year, wh...