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.

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.

Foreign workers under the H-1B visa umbrella enjoy the added perk of bringing their spouses and eligible children to the United States. While employed in this category, they have up to six years to live and work in America. During this period, it’s common for children to “age out” of the visa’s eligibility requirements. What happens when your child gets to this point, and is there any way you can keep them in the US with you? We have the details here.

When you’re trying to obtain an H-1B visa, you must abide by specific beginning and ending dates, and these aren’t always optimal. This can be particularly concerning when you’re a student finishing your university program with a gap between your last day of school and your first day at your new job. Since this is relatively common, the United States Citizenship and Immigration Services (USCIS) has a process in place to streamline your H-1B petition and allow you to remain in the US with a cap gap extension.

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.

Foreign nationals on an F-1 student visa often prefer to stay in the United States and continue their careers. The H-1B work visa is one way to do this. However, most job offers are obtained through businesses under the “capped” category. In these situations, a limited number of visas are allotted annually, and those approved can’t enter the US to begin work until October 1 of that fiscal year. So what happens to those in F-1 status who are approved for an H-1B visa but their OPT authorization or F-1 grace period expires before October 1? That’s where the H-1B Cap Gap Extension kicks in, and we’ll explain the details here.

Changes to how the United States Citizenship and Immigration Services department handles premium processing have begun, and the latest round began on April 3, 2023. These adjustments directly affect students in certain F-1 categories and those petitioning for nonimmigrant foreign worker visas. This blog explains how you may be affected by the new regulations for premium processing.

Occasionally in the immigration visa world, there is more demand from a particular country than the United States Citizenship and Immigration Services expected. When that happens, a retrogression may occur. In those circumstances, the State Department pushes back the final action dates for the EB-2, moving them backward instead of the typical forward momentum. This retrogression was recently announced in the USCIS May 2023 Visa bulletin as necessary to keep the number of immigrant visas under the FY 2023 limit.

The H-1B visa is highly coveted in the world of foreign workers wishing for employment in the United States. But before you can apply for this document, you must have a sponsor — an approved US employer willing to pay for your application and associated fees and hire you for the length of your visa’s terms (three years). This is often a challenge, as the employer and employee requirements are strict. However, if you qualify for certain highly skilled professions, you may be able to convince one of these companies to sponsor your visa journey.

The H-1B visa is highly sought after, partly because it allows the beneficiary to bring their dependents with them to the United States. The document permits the holder to work and live in the US for three years, with an optional three-year extension. But during that time, minors grow up and are no longer dependents. When that happens, they must obtain their own visas, such as the F1 student visa. If your child is in the transition period where they’re going to need a visa of their own to stay with you in the States, read on to find out what their options are and if transferring to an F1 status from your H-1B dependency is possible.