H-1B Information

Participation in USCIS site visits is now mandatory. These site visits include employer’s offices, client sites, and even remote workers’ homes. If employers don’t cooperate, H-1Bs can be denied or revoked, meaning if an officer from US Citizenship and Immigration Services (USCIS) shows up at your door, you will need to co-operate with them, or...

On the first day of his presidency, Donald Trump signed an executive order challenging a fundamental constitutional right, birthright citizenship. The Fourteenth Amendment guarantees citizenship to individuals born within the United States. Trump’s order seeks to redefine eligibility, denying citizenship to children born to parents who are in the U.S. unlawfully, as well as to...

When an employer is unfamiliar with the H-1B process, the most common question I hear after approval is, “What should we do next?”  When an employee changes their status to H-1B, there are several important steps and considerations to ensure compliance with U.S. immigration laws. Here is a comprehensive guide for employers navigating this process:...

We have updated our H-1B FAQs to provide you with the most current and accurate information regarding H-1Bs.  1. What is an H-1B and who is eligible to apply? An H-1B visa is a non-immigrant work visa that allows U.S. companies to employ foreign workers in specialty occupations that require specialized knowledge and a bachelor’s...

Ever since USCIS revoked its 2010 policy memorandum for determining the employer/employee relationship, I strongly believe that sponsoring your own H-1B visa is possible. However, many have been reluctant to attempt this, and for good reasons. For a long time, USCIS required petitioners to meet multiple criteria to demonstrate the existence of an employer/employee relationship,...

Permitted Activities on H-1B Status While Being a Member of a Multi-Owner LLC The H-1B visa is a non-immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations. This visa is highly sought after by skilled professionals from around the world, as it provides a pathway to work and potentially...

For H-1B visa holders, transitioning to an EB-5 visa can be an attractive option to secure permanent residency. This path eliminates the need for employer sponsorship and can bypass the lengthy visa bulletin backlogs typically encountered when needing to file an I-485 after I-140 approval. Maintaining H-1B Status If an EB-5 applicant is from a...

For many foreign workers in the United States, the H-1B visa program represents an opportunity for professional growth and career advancement. However, navigating the intricacies of the H-1B transfer process can be challenging, especially if you find yourself in a situation where you’ve been benched for an extended period.  Being “benched” refers to a scenario...