H Visa Blog Entries

 Can H-1 Visa Holders Do Business in the USA?
A community discussion

US Work and Immigration Options for Foreign Professionals

A discussion with two members of our community

This entry is now old law.  The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…

Note: Updated all of the regulations comments on 31 December 2015.  I will keep adding, as needed.

12 January 2016

This is the latest release from USCIS.  I think they are misreading the fees requirement.  The law seemed to require higher fees only for L-1 employee counts (see my highlighted comments below under 19 December 2015 entry).  The current USCIS release counts both L-1 and H-1 employees even for H-1 filing fees.  We will wait and see if this clarified

The H-1 quota cuts down 50% or more applications each year.  Legally, employees of foreign companies or entities can try and obtain B-1 visa in lieu of H-1 visas as long as they fulfill the following criteria outlined by the US Department of State.

Each intended B-1 (in lieu of H-1) entrant must: 

1.    Hold the equivalent of a U.S. bachelor's degree

2.    Plan to perform H-1B-caliber work or training

A lawsuit has been filed against the H-4 EAD regulations.  I am attaching the complaint with my comments.  Follow my tweets for updates.  If you want to discuss this matter, join our next free community conference call on Thursday.  Details are here.

The attached document contains my preliminary comments, including:

I have finished my first review of H-4 EAD Regulations (effective 26 May 2015). Here are the takeaway points:

4 June 2014 UPDATE:  H-4 EAD will NOT be restricted to STEM.

Please see this entry for more information. We will update you as more information becomes available.

https://www.linkedin.com/today/post/...-entrepreneurs

Please visit my LinkedIn article posted this morning for a brief explanation on this issue:
https://www.linkedin.com/today/post/...?trk=prof-post