H Visa Blog Entries

Can USCIS Discontinue H-1B Extensions Beyond 6 Years? In my opinion, the answer is: no. Can they try? Yes, but they will need to change the law through the Congress. Drastic changes through executive action are legally unavailable. This discussion has become necessary because there are reports circulating that the Trump administration is trying to devise ways and methods to take away the benefit of extension beyond six years for H-1B holders.

Discussing various changes taking place in H-1B visas.

Department of Justice
Office of Public Affairs
Monday, April 3, 2017

Note From Rajiv: 
There is nothing new in this memo that we have not encountered before.  What USCIS  has said in this memo is that the IT title “Programmer” is not necessarily a job that requires a degree AND further a degree in specific discipline.  If we claim otherwise, we have to prove our case.  We have to do that in many, many cases anyway.  Like I noted earlier, this is not new.

From Rajiv: To identify employers who are abusing the H-1B visas, USCIS will now target for investigation three specific types of H-1B employers: unverifiable, H-1B dependent and consultants working at client sites.

Notable points:

2 December 2016

Radio Show Discussing Overview of the new I-140 EAD Regulations

2 December 2016

Discussing I-140 EAD FAQ in community conference call 

H-4 EAD rule, click here for Rajiv's blog entry on H-4 EAD and related FAQs. Scroll down for latest updates.

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We have received several requests about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.