VISA2US Blog

Recent proposed changes to the traditional H-1B visa program have entrepreneurs sitting up and taking notes. Now, those looking to work for themselves could technically be sponsored by their company, changing the definition of “US employer” and streamlining the process of obtaining an H-1B visa. Customarily, H-1B visas are only available through a job sponsor, but now, if the proposal goes through, a beneficiary may own a controlling interest in their sponsor’s company. This suggested change has the potential to make a substantial impact on those who have waited for a visa for years. How would the new H-1B rules make it easier for entrepreneurs? We have the details here.

Part of the visa application process includes verifying your identity. For initial visas like the H-1B category and for green cards, that includes a biometrics screening. While it might sound like advanced artificial intelligence, this is simply an appointment during which the United States Citizenship and Immigration Services (USCIS) collects a record of your fingerprints and takes a picture of you to cross-reference the information with the FBI database and the Department of Homeland Security. Provided you don’t have a criminal record or any run-ins with the immigration department, this is a simple step. What should you know before you go to prepare for your biometrics appointment? We’ll give you the details here.

Nonimmigrants wishing to extend their visa’s validity period use Form I-539, Application to Extend/Change Nonimmigrant Status. This form is one of the most commonly filed, as it is used by students, visitors, and temporary workers. Generally, requesting an extension is simple, provided no significant changes have occurred. However, in the past, a biometrics requirement added extra time and expense to the application. Recently, USCIS announced changes to this requirement. How will that affect your I-539? We’ll explain here.

One of the most popular work visas, the H-1B, has always had strict requirements to get and keep its validity. But now, the Department of Homeland Security (DHS) is trying to amend some of these requirements and oversight. The proposed rule affects H-1B specialty occupation employees and F-1 students who have filed H-1B Cap Subject Petitions. What does this rule include, and how might it affect you? We’ll break it down here.

When you employ foreign workers (or you are the employee), particularly with H-1B visa holders, the terms “E-Verify” and “H-1B portability” often show up. While neither is universal, they are essential in certain aspects of the immigration world. What do these terms mean, and how are they related? We’ll explain those answers here.

As the immigration system in the United States continues to undergo scrutiny, it is slowly evolving one category at a time. Most recently, on September 18, 2023, the Department of Homeland Security issued a proposed rule to bring the H-2 Temporary Visa Program up-to-date, strengthening protections for these workers and making other much-needed changes. What does this modernization attempt mean for skilled and unskilled workers? We’ll break down the changes here.

The United States immigration program regulations aren’t set in stone. In fact, they undergo revision regularly, with the current focus on a proposed pilot program designed to determine the future of E-Verify as mandatory or optional. Currently, some states require employers to use this remote system to verify employment eligibility. But those that don’t still need a way to verify documents. The Department of Homeland Security has suggested remote I-9 document inspections for employers with 500 or fewer workers. If you are interested in expressing your thoughts on this proposal, you have until October 2, 2023, to do so. Keep reading to find out how this works.

Foreign nationals enter the United States every year for various reasons, including work, tourism, and education. The visa they use to gain entry into the US depends on the reason for their visit. For international students, this is typically the F-1 status. However, only certain fields of study qualify for extensions that also permit work authorization. According to the latest updates from the Department of Homeland Security (DHS), there are eight new fields that fall under the STEM OPT degree and qualify for the two-year work authorization extension. We’ll break those fields down here.

Back in 2020, an executive order was enacted to exempt professional athletes and any essential support staff from the COVID-19 restriction of entry into the US. With that order, foreign-national athletes and coaches of the NBA, NHL, USTA, PGA, and certain other sports bypassed the restriction. Since then, that vaguely worded document was used to successfully make business traveler arguments helping others get through COVID restrictions. Now, changes to the initial exemption have affected foreign athletes, particularly in the form of National Interest Waivers. What should you know if you’re attempting to travel under this category? Read on to find out.

If you’ve been following immigration law in the United States, you know that what happens in one state often sets the stage for others to follow. That may be the case in Florida, where recent legislation has made it required for private employers with 25 or more workers to use E-Verify. This is the federal government’s database used to verify work authorization. What does this mean for employers of foreign national workers and the workers themselves? Read on to find out.