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.
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
Successful response to an H-1B petition RFE for a Staff Accountant questioning specialty occupation and degree in a non-accounting field
We assisted petitioner, a public accounting firm, in filing an H-1B petition for beneficiary for the position of staff accountant. We received an RFE requesting additional evidence that the position qualified as a specialty occupation by satisfying at least one of the four qualifying criteria for a specialty occupation. In our lengthy response, we argued that the job duties, as detailed in the petition, and as compared with OOH’s job description for staff accountant not only comports with but goes beyond OOH guidance in its uniqueness and complexity.
Nonimmigrant Visas
Profession/Occupation
Immigration Law
Guestbook Entry for RAMA VENKATA PRATAP CHERUVU, United States
Name
RAMA VENKATA PRATAP CHERUVU
Country
United States
State
WASHINGTON
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
Guestbook Entry for Wendy Zhang, United States
Name
Wendy Zhang
Country
United States
State
CA
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
Guestbook Entry for Aditya Mahajan, United States
Name
Aditya Mahajan
Country
United States
State
North Carolina
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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Nonimmigrant Visas
Green Card
Another H1B Approval After a Period of being out of status and unlawfully present
We were recently retained by an employer whose employee fell out of status due to an omissions by the former counsel. Prior to the employee’s H1B expiration date, the employer tried to file an H1B extension. The employer’s former Counsel utilized an obsolete and inappropriate wage source when filing the LCA. This wage amount was also not representative of what the employee was earning. As a result, the employer had to withdraw the LCA. This circumstance resulted in an untimely filing of the employer’s H1B application and the employee’s status expiring due to no fault of his own.
Nonimmigrant Visas
Profession/Occupation
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
Subscribe to our YouTube channel for the latest immigration updates in Biden Administration
The URL for the channel is:
http://youtube.com/immigrationdotcom