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H-1B: Person in Specialty Occupation
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
ACICS Loss of Recognition May Affect Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs, H-1B, and I-140 Applicants
Release Date
11/01/2022
On Aug. 19, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:
PERM Processing Times (as of 10/31/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | February 2022 |
| Audit Review | December 2021 |
| Reconsideration Request to the CO | May 2022 |
Agency
Green Card
Immigration Law
USCIS Announces Online Filing for Affirmative Asylum Applications
Release Date
11/09/2022
WASHINGTON—U.S. Citizenship and Immigration Services announced today that Form I-589, Application for Asylum and for Withholding of Removal, is available to file online for certain affirmative asylum applicants. USCIS continues to accept the latest paper version of this form by mail.
What happens if I get laid off while holding a work visa (H-1B, L-1, etc.)?
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Nonimmigrant Visas
Immigration Law
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
H-4 Visa Spouse & Children
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
Conversation Between Rajiv S. Khanna And Kim Tignor (Executive Director - The Institute for Intellectual Property & Social Justice)
Published in the December 2022 issue of ALI CLE’s The Practical Lawyer
This article is part of the continuing series of interviews between Rajiv S. Khanna, principal of The Law Offices of Rajiv S. Khanna, PC, (www.Immigration.Com), and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
Visa Bulletin For December 2022
Number 72
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during December for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
USCIS Forms Update Notice
USCIS recently updated the following form(s):
Form I-131A, Application for Travel Document (Carrier Documentation)
11/02/2022 12:27 PM EDT
Edition Date: 11/02/22. Starting Jan. 18, 2023, USCIS will only accept the 11/02/22 edition. Until then, you can also use the 02/13/19 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit Forms Updates page.
Got Approved Yesterday and I am waiting for the Oath Ceremony
Application Mailed: Sep. 30, 2008
Priority Date: Oct. 1, 2008
Finger Printing: Oct. 30, 2008
Interview: Jan 26, 2009.
Citizenship and Naturalization
Got Approved Today and I am Waiting for the Oath Ceremony
I'm on the west coast (California):
Application Mailed: Sep, 2008
Finger Printing: Oct, 2008
Interview: Jan, 2009
Here are a few things worth mentioning:
- Dont take your cell phone with you. One of the offices(fingerprints) didn't allow them at all. The other office wouldn't let me take my cell phone in as it had a camera on it.
Take all your old passports (as well as your current one) that include entry into the U.S since getting your green card.
Citizenship and Naturalization
Got Approved Yesterday and Waiting for the Oath Ceremony
Following are my Dates:
Application Mailed: Sep, 2008
Priority Date: Sep, 2008
Finger Printing: Oct, 2008
Interview: Jan, 2009
My Interview was scheduled at 10:00 am today. Reached the location at around 9.35 am. Submitted the forms and were asked to wait for the name to be called.
Citizenship and Naturalization
Interview Passed and Recommended for Approval
They ran out of slots for the 10/30 oath about 7 people before me, so after that all of us got the N652 with "civics test/English passed" and "congratulations; it seems you are eligible...etc etc checked off, and when they handed it to to us they said our oath letters will be in the mail soon.
Nonimmigrant Visas
Green Card
Citizenship and Naturalization
USCIS Forms Update Notice
USCIS recently updated the following form(s):
Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322
01/20/2025 09:15 AM EST
Edition Date: 01/20/25. Starting July 3, 2025, USCIS will accept only the 01/20/25 edition. Until then, you can also use the 04/01/24 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
New 5% remittance tax bill for non-US citizens: Will it pass and are non-citizens eligible for tax credit?
I am reasonably sure that many people would be interested in learning about the new 5% remittance bill for non-US citizens and non-nationals. It's part of the big beautiful bill, so does it have a chance of getting passed? Is there a component of tax credit back for non-citizens (It says it has a tax credit back for taxpayers, but does not specify if they have to be US citizens/nationals or not) - if so, what % of it is reimbursed?
This would affect all countries, but India and Nigeria would be the most impacted. The media in both countries are covering it, but they are not mentioning the tax credit. We request that you shed more light on this bill and assist us with the possibilities, dates, and details.
Passage of the Bill: It's unlikely to pass the Senate in its current form, despite passing the House. Such provisions often face significant opposition when bundled into larger bills, and there's limited political support for a tax specifically targeting non-citizens sending money home.
Tax Credit Eligibility: Generally, non-citizens are not eligible for most US tax credits, particularly those intended for citizens or permanent residents. While specific tax credit eligibility is complex and depends on individual circumstances and the credit itself, the expert notes that a tax credit component for non-immigrants would defeat the bill's apparent purpose.
Will admitting to an unsuccessful job search affect my B-2 visa extension approval?
While applying for a B2 extension for job search, if I mention that despite giving so many interviews, I have not been able to get a job offer, will it increase or reduce my chances of approval?
Admitting to an unsuccessful job search on a B-2 visa extension application is unlikely to negatively affect approval, and honesty is always recommended. While not explicitly required, it's a logical and natural detail to include in your extension request, especially since your initial B-2 was likely for job searching.
When seeking an extension, you should:
- Detail your job search efforts, including specific companies you've interviewed with and the outcomes.
- Demonstrate sufficient funds to cover your stay without unauthorized employment.
Providing specific details about your job hunt adds credibility to your petition.
Can I stay in the U.S. on B-2 after H-1B employment ends and the grace period was previously used
Currently, I'm on H1-B with an employer. My last working day with them would be on May 31st, 2025. I've already completed my grace period in the past, which was Sep 1st, 2024 - Oct 31st, 2024. I went back to my country and came to the US with my current employer. Now, I'm still looking for a new employer, and I don't think I can find one within this week. Can I still file for a B1/B2 visa and stay in the country without an employer from next week, May 31st, 2025? Can I be unemployed during the process time? Will there be any consequences?
No, you can potentially stay on a B-2 visa after H-1B employment ends, even if you've used a grace period before.
Here's why: The 60-day H-1B grace period renews with every new H-1B approval (extension, amendment, or transfer). Therefore, if you received a new H-1B approval with your current employer, you would have a fresh 60-day grace period.
During this grace period, you can file for a B-2 (visitor) visa to remain in the US. You are not considered unlawfully present until your B-2 application is denied. However, it's crucial to consult an immigration lawyer for personalized advice.