Most H-1B applicants qualify through a BA or higher degree, and this requirement must be met as of the day of filing. This year, H1B applications will be accepted from April 2, 2018 – April 6, 2018. The fact that you will have your degree by the time you actually start the job in October is irrelevant. USCIS will [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…]
Yes. Even an early stage startup with just one or two employees can sponsor an H1b visa. You can be sure, however, that the application is going to get significantly more scrutiny than an application filed by a large, established company. When a startup sponsors and H1b visa, these are the areas of the application that need to be especially well-documented: [Read more…]
Often those eligible for TN status are also eligible for H-1B status and vice versa. Each route has unique positives and negatives.
The TN process is limited to Mexican and Canadian citizens. It is cheaper, quicker, and happens on a much more flexible schedule than the H-1B visa process. TN visas are issued for period of three years, and may be extended an indefinite number of times. However, it is limited to the professions listed in NAFTA, and an applicant must have [Read more…]
Q: I’m on an H1b (or an L) and am working full time for my employer, but I am also working on a startup on the side. I’m not get paid at all by the startup, so this doesn’t count as work, right?
A: Wrong. When you are on an H1b or an L visa, you are authorized to work only for your sponsoring employer. When an H1b or L employee gets an opportunity to be involved with an exciting startup, they frequently try to get around this restriction by agreeing to work for the startup on nights and weekends (and early mornings, and lunch breaks…) for free, until the startup itself is able to [Read more…]