US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
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Can H-1 Visa Workers Do Business in the USA
Can H-1 Visa Holders Do Business in the USA?
A community discussion
Reminder: Current Form I-9, Employment Eligibility Verification, Remains Effective After March 31, 2016
Until further notice, employers should continue using Form I-9, Employment Eligibility Verification. This current version of the form continues to be effective even after the Office of Management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated information about the new version of Form I-9 as it becomes available.
Employers May Submit Inquiries If Extension of Status/Change of Employer Petition Has Been Pending for 210 Days or More
On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times.
I-941, Application for Entrepreneur Parole
Form I-941, Application for Entrepreneur Parole, is for entrepreneurs to: (1) make an initial request for parole based upon significant public benefit, (2) a subsequent request for parole for an additional period, or (3) file an amended application to notify USCIS of a material change.
Revised Form I-9 Now Available
USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Instructions for how to download Form I-9 are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept. 18, employers must use the revised form with a revision date of 07/17/17 N.
Rights of Employees
H-1B/H-1B1 Employee Rights
H-1B and H-1B1 workers are granted a number of important rights including:
Profession/Occupation
Immigration Law
Guestbook Entry for RAMA VENKATA PRATAP CHERUVU, United States
Name
RAMA VENKATA PRATAP CHERUVU
Country
United States
State
WASHINGTON
DHS Announces Continuation of International Entrepreneur Parole Program
Release Date
05/10/2021
Program Will Provide Opportunities for Foreign Entrepreneurs
USCIS Memo on Establishing the "Employee-Employer Relationship" in H-1B Petitions
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.
EB1 - Outstanding Researcher
We won this case by submitting evidence of this applicant's substantial publication record as well as numerous recommendation letters which outlined the innovative work performed by the applicant. In addition, referees described the applicant as "one of the best in the field" for his significant discoveries in the biological chemistry industry. The applicant was employed with a very prestigious research institute which only hires the top scientists in the world.
Profession/Occupation
USCIS Announces that Current Form I-9 valid until Jan. 21, 2017
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On Aug. 25, the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification. USCIS must publish a revised form by Nov. 22, 2016. Employers may continue using the current version of Form I-9 with a revision date of 03/08/2013 N until Jan. 21, 2017. After Jan. 21, 2017, all previous versions of Form I-9 will be invalid.
O-1 for Pharmaceuticals Scientist
We have received an approval for an O-1 for a pharmaceuticals scientist employed by a small company. The case was approved without an RFE where we clearly showed the advanced nature of the work and the qualifications of the beneficiary. The outcome of O-1 visa petitions is always unpredictable, and, as a practical matter, more so where the employer is a very small company. Despite its size, the company was engaged in highly specialized and advanced level work. In addition to the beneficiary’s qualifications, the nature of the work was probably decisive in tippi
Status
O-1 approved
Nonimmigrant Visas
Profession/Occupation
DHS Publishes Final International Entrepreneur Rule
The Department of Homeland Security (DHS) published a final rule to improve the ability of certain promising start-up founders to begin growing their companies within the United States and help improve the nation’s economy through increased capital spending, innovation and job creation.
New "Visa" for Entrepreneurs - Significant Public Benefit Parole
USCIS is in the process of implementing a proposed “significant public benefit” parole program for entrepreneurs. This is one of the executive actions on immigration announced by President Obama on November 20, 2014.
USCIS states:
Under this proposed initiative, and based on the USCIS’s existing statutory parole authority, Department of Homeland Security may extend parole, on a case-by-case basis, to eligible founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:
Correction to 9/15/2020 Gov-Delivery email titled “Reminder: Ensure Employees Choose the Correct Attestation on Form I-9”
Employers are not held liable for any erroneous attestations an employee makes in Section 1 of Form I-9, Employment Eligibility Verification. Rather, you must ensure that the employee checks only one box to complete Section 1.
EB-1 Visa, Green Card for Students and young professionals, QnA with Yudi
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The URL for the channel is:
Nonimmigrant Visas
Green Card
Form I-9, Employment Eligibility Verification
What Is the Purpose of This Form?
The purpose of this form is to document that each new employee (both citizen and noncitizen) hired after November 6, 1986, is authorized to work in the United States.
When Should Form I-9 Be Used?
All employees, citizens, and noncitizens hired after November 6, 1986, and working in the United States must complete Form I-9.
Filling Out Form I-9
Section 1, Employee
Profession/Occupation
Immigration Law
Immigration QnA with Rajiv (conversation with Yudi on behalf of students & young professionals)
Nonimmigrant Visas
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The URL for the channel is:
http://youtube.com/immigrationdotcom