VISA2US Blog

The OPT program was designed to allow international students to work while in the US receiving a secondary education or for up to one year after graduation. Earlier changes to the program allow STEM students an optional 36-month extension. Opponents of this adaptation claim that it permits tech companies to bypass the typical H-1B work visa program, a notoriously challenging system with a limited annual quota of visas available. However, legal challenges to the OPT extension case have yet to be successful, and the last attempt at the Supreme Court level was also blocked when the Court refused to take the case. This decision to leave the OPT extension as it currently is reflects the importance of the STEM industry globally but impacts the H-1B program in general. Keep reading to learn more.

When you’re a foreign national living in the United States, you need permission from the government to obtain work legally. This is given via an EAD or an Employment Authorization Document. Work authorization is the proof an employer needs to hire you, but it isn’t always given to immigrants or foreign nationals. If you’re waiting for a National Interest Waiver or are on another path to a Green Card, and you already have work authorization, keeping it is a precarious thing. Here, we’ll delve into everything you need to know to get or maintain your EAD when you’re waiting for an NIW or Green Card.

Earlier this year, we reported the release of a pilot program that would permit those in the US who need their H-1B visa stamp renewed to do so without leaving the country. While those domestic visa renewals have been delayed, there’s reason to believe it is back on track. Recently, Indian professionals were excited to hear the news directly from Eric Garcetti, India’s US Ambassador, that this renewal process would simplify visas for those in the H and L categories. What’s on the agenda for this release? Keep reading to find out.

American citizens and those affiliated with them via business, like foreign workers, held a collective breath as the days counted down to October 1 and a potential fiscal year government shutdown. If the two parties couldn’t come to a spending agreement, there would be an impasse and a federal spending moratorium until they did. Thanks to the last-minute short-term spending bill by President Biden, life in the government checkbook went on as normal — at least until November 17. With this new deadline on the horizon, the federal budget remains in dispute, and those holding an H-1B visa must act fast to keep it safe. We’ll explain why and what this means for immigration 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.

With a valid H-1B visa, you have many of the same rights and privileges as a native US citizen for three years (with an optional three-year extension). During that time, you are allowed to live and work in the US, receiving the agreed-upon salary covered in the terms of your visa. But with those privileges comes responsibilities, including the requirement to pay taxes. How do you know what taxes you must file as an H-1B holder? We have that information here in this guide.

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.

With the most recent Visa Bulletin released and the start of the new federal fiscal year in place, you’re seeing the terms H-1B Visa, EB-2 Green Card transfer, and Visa Bulletin everywhere in immigration headlines. What do these terms refer to, and how are they related? We’ll explain what you need to know here.

It’s not a surprise that immigration visas are backlogged for many categories in various countries, particularly India’s H-1B visa. But with a wait time of over ten years for thousands of individuals, it’s understandable that their patience is disappearing. Now, presidential hopeful Vivek Ramaswamy is promising to overhaul the H-1B visa program, replacing the outdated system with a more fair process. What is he promising, and how is it being received? We’ll explain 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.