FREE DOWNLOAD: Click Here To Download The Employers Guide to the H-1B Process.

FREE DOWNLOAD: Click Here To Download The Employers Guide to the H-1B Process.

Author: Litwin & Smith

U.S. Pilot Program May Permit Limited In-Country Renewal of H-1B Visas

As part of a new “people-to-people” initiative, the Biden administration has announced the launch of a limited pilot program to permit recipients of certain employment visas to renew their visas without leaving the country.  This announcement occurred after a bilateral meeting between President Biden and Indian Prime Minister Narendra Modi. Tens of thousands of H-1B workers must leave the U.S.

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AOS vs. IVP: Which Is Better for Foreign Nationals in the US?

Once your I-140 petition is approved, you can take the next step toward permanent residency and apply for your green card. Under the Immigration and Nationality Act (INA), there are two paths through which a prospective permanent resident can get their green card: adjustment of status petitions and immigrant visa processing.  In some cases, people who have made it to

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Should You Consider the EB-5 Visa?

Demand for U.S. visas has exceeded the supply for years. However, certain visas are less well-known than others. For example, the EB-5 visa is an often-overlooked option for people looking to live and work in the U.S. However, the EB-5 visa is gaining wider recognition as alternatives like the H-1B visa become increasingly competitive. It has all the benefits of

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90% of Laid-Off H-1B Employees Found New Jobs

Several months ago, Silicon Valley and the wider tech industry experienced a dramatic series of layoffs. Employers like Google, Facebook, Twitter, and other giants laid off thousands of employees each, with nearly 95,000 people losing their jobs in just a few weeks.  This number included thousands of H-1B visa holders. Tech companies hire a significant majority of all H-1B candidates

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The Importance of the I-797 Form in H-1B Applications

If you are sponsoring a candidate for an H-1B visa, you need to understand the I-797 form. This form is sent to visa applicants by USCIS to notify the recipient about important updates to their applications. However, multiple types of I-797 forms can be sent depending on the circumstances. ‘ No matter where you are in the sponsorship process, these

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New H-1B and L-1 Bill Introduced in Senate

A new bill introduced to the Senate has the potential to completely overturn much of the H-1B and L-1 visa application processes. The bill, called the “H-1B and L-1 Visa Reform Act,” was introduced by a bipartisan group of senators to make it more difficult to acquire these visas and require employers to focus more heavily on recruiting U.S. employees. 

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Court Ruling Declares H-1B Spouses Permitted to Work in the U.S.

As of April 2nd, 2023, a federal ruling has confirmed that spouses of H-1B visa holders are authorized to work in the U.S. This ruling confirms the Department of Homeland Security (DHS) regulation that first offered this authorization.  The ruling was issued in Save Jobs USA v. U.S. Department of Homeland Security. Advocacy group Save Jobs USA argued that the

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USCIS States H-1B Visa Cap for FY2024 Reached and Lottery Performed

U.S. Citizenship and Immigration Services (USCIS) has announced that the agency has received sufficient electronic registrations to meet the cap on H-1B visas for fiscal year (FY) 2024. As such, it has performed a lottery to randomly select registrants who will be chosen to apply for these visas. Registrants may check the USCIS portal to determine if they have been

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Does USCIS Have a Policy Against Broad-Brush Requests for Evidence in H-1B Applications?

The registration period for the H-1B has ended, and the application period for chosen registrants is fast approaching. Now is the time to start considering one of the biggest hurdles many applicants face: Requests for Evidence, or RFEs. While many well-prepared applicants never receive an RFE, those who submit their applications without expert assistance may receive these requests and put

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What Is Cross-Chargeability for Green Cards?

Applying for a U.S. green card is a complex process, particularly for people from countries like China or India. Federal limits on the number of green cards issued each year and caps on per-country issuances can make it particularly difficult for people from countries with large populations to receive consideration.  However, the rules of chargeability and cross-chargeability may provide some

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