VISA2US Blog

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.

Each country has its own requirements in place that determine how foreign individuals may enter and work within its borders. In the United States, visa categories like J-1 Exchange Visitors and H-1B Specialty Occupation Workers are popular. The two visas have certain similarities in which they overlap in qualifications, but overall, they are distinctly different. Keep reading to find out everything you need to know to understand J-1 versus H-1B visas.

The H-1B and certain other categories of visas are designed to bring skilled workers into the United States to fill specialty job positions. However, these workers must meet strict requirements, such as a bachelor’s degree or higher from an accredited university. Those applying for an advanced degree exemption typically have a bachelor’s and a master’s or beyond that must qualify as accredited. Hopeful H-1B petitioners need to verify that their institutions are from an accrediting agency, but recent changes in the US Department of Education have dropped an important one. The Accrediting Council for Independent Colleges and Schools (ACICS) is no longer recognized, meaning substantial impacts for H-1B and certain F-1 student visa holders.

It’s no surprise that dealing with any government agency is confusing, but when it comes to applying for an H-1B visa as a STEM worker, USCIS tries to make this as easy as possible. 

Individuals who qualify as skilled in “specialty occupations” may work in the US under an H-1B visa. The role of a physician falls into this category, as do other jobs that require a bachelor’s degree or higher. Physicians who wish to pursue this avenue for their next career path easily meet the “specialty occupation” component, but there are other criteria USCIS requires. This article will discuss everything you need to know as a foreign physician hoping to practice medicine, participate in medical residencies or fellowships, and care for patients in the United States.

Applying for an extension of stay in the U.S. due to Covid-related lockdowns and border closings should be supplemented with the necessary documentation.

The I-129 is an application handled by U.S. based employers to petition for foreign nationals to work in the United States on a temporary basis.

If you have lost your job in the U.S., you might consider switching to a B-1 or B-2 visa in order to be eligible for an extension of stay. Such an option will give an immigrant a 6 month stay in the U.S., but with limited benefits.

Being able to extend your stay in the United States, or file for TPS, will stop certain visa holders from accruing immigration-related violations and also keep families together.