Good news! After my post from a few days ago, the Trump administration has reportedly backed off attempts to eliminate 3-year extensions for H1B workers with approved I-140s. We will keep monitoring this issue, but for the time being, 3-year extensions appear to be safe.
In a new attempt to further the “Buy American, Hire American” policy initiative, the Trump administration appears to be considering new regulations that would limit the ability of H-1B workers with long-pending green card applications to extend H-1B status beyond the usual six-year limit.
Here’s my takeaway: unlimited one-year extensions are not presently in danger, but the executive branch may [Read more…]
Yesterday, President Trump signed the Presidential Executive Order on Buy American and Hire American, which includes a section addressing changes to the H-1B program which would give preference to H-1B petitions based on salary and skill level. Despite the fanfare with which this provision was announced, in reality, it merely calls on various agencies to “suggest reforms,” and does nothing to change the current system.
The text is limited to ordering the executive brach to make suggestions because when it comes to changing the way H-1B visas are allocated, that is all the executive branch has the power to do. Only Congress can change the way H-1B visas are allocated. To understand why this is so, you need to know a few basics about [Read more…]
Following up on my post from nearly two years ago, the Department of Homeland Security has finally released details of the plan to use its “parole” authority to admit promising startup founders and their families. Although I have not yet had time to thoroughly review the 155-page document, here are a few preliminary highlights: [Read more…]
As discussed in detail in the prior post, the E2 visa is a great option for founders from certain countries who have invested their own money into the initial operations of the company. After establishing that they might qualify, the next question is always “how much do I have to invest?”
There is a common misconception among potential E2 applicants that $100,000 is the minimum. This is a myth, completely unfounded in law. Unlike the EB5 Investor Green Card, which requires a specific investment amount, there is no set amount of investment that needs to be made for an E2 visa. Really.
Instead, the amount of investment required is defined [Read more…]