Tag Archives: H-1B

What Will Happen to Canadians and Mexicans with TN Visas if Trump Pulls the United States out of NAFTA

For most of his campaign, Donald Trump lambasted and bemoaned the North American Free Trade Agreement (NAFTA) as one of the worst trade agreements in the history of the United States. Now that he has been elected, there is a legitimate fear that the United States may withdraw from the agreement, leaving only Canada and […]

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| Posted in Green Card, H-1B, L-1, O-1, OPT, Silicon Beach, Students, TN, U.S. Immigration, USCIS |

New STEM OPT Rules Starting May 2016

Beginning on May 10, 2016, F-1 students graduating with a U.S. bachelor’s or master’s degree in a STEM (Science, Technology, Engineering, Math) subject are eligible for 24-month OPT (Optional Practical Training). This is an increase from the duration, which provides for a 12-month initial OPT plus a 17-month extension. Applications submitted and approved prior to […]

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| Posted in Employment Authorization, H-1B, OPT, Students, U.S. Immigration, Work Visa |

What to Expect in With the FY2016 H1B Visa Lottery

As you probably know, Congress allocates 65,000 H-1B visas every fiscal year plus an additional 20,000 visas for beneficiaries who received a U.S. master’s degree or higher. The window for petitioners/employer to file an H-1B petition this fiscal year is April 1, 2016 and, assuming that the number of applications exceeds the quota, USCIS will […]

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| Posted in H-1B, U.S. Immigration, Work Visa |

Working for Multiple Employers on a Concurrent H1B Visa

Congratulations! You’re one of the lucky ones who were selected in the H-1B visa lottery and you’ve started working for your employer. Being the hard-working person that you are, you start wondering “Can I take a second, part-time job while I’m on my H-1B visa?” The answer is “yes” but with a few caveats – […]

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| Posted in H-1B, U.S. Immigration, Uncategorized, Work Visa |

What exactly is an H1B Transfer?

An H-1B Transfer is Not Exactly a Transfer The beauty of getting an H-1B visa is that it allows you to work for a U.S. employer in a specialized occupation for up to six years. An initial petition can be approved for up to three years and an extension can be granted for another three […]

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| Posted in H-1B, U.S. Immigration, Work Visa |

When is an Employer Required to File an Amended H1B Petition

U.S. employers with employees in H-1B status have an obligation to ensure that they meet the USCIS and Department of Labor requirements for employing a foreign worker. Generally, this includes paying the prevailing wage and ensuring that the employee continues to carry out the same duties and responsibilities that they were initially approved for. Example: […]

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| Posted in H-1B, U.S. Immigration, Uncategorized |

Employment Authorization for spouses of H-1B Holders in H-4 status

As of May 2015, spouses of H-1B visa holders who are in H-4 status may be eligible to apply for employment authorization if the H-1B spouse’s employer has an approved I-140 petition or if the spouse is in the 2nd H-1B extension under AC21. In either of these cases, H-4 spouses can file an I-765 […]

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| Posted in Employment Authorization, H-1B, U.S. Immigration, Work Visa |

Guide to Applying for an H1B Visa in 2015

Wit the start of a new year comes the start of a new opportunity for U.S. employers to file H-1B visa petitions on behalf of foreign nationals in specialized occupations. We at Maximilian Law Inc. have written several posts over the past few years on various issues involving the H-1B visa. Below are links to […]

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| Posted in H-1B, Nurses, OPT, Physical Therapists, Students, U.S. Immigration, Uncategorized, Work Visa |

Obama Announces Details on Immigration Executive Action

On November 20, 2014, President Barack Obama announced an Executive Action plan to overhaul and attempt to reform the broken U.S. immigration system. His plans include: Extending the validity period on Deferred Action for Childhood Arrivals (DACA) applications from two years to three years Announcing a new plan called Deferred Action for Parental Accountability (DAPA). […]

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| Posted in Advance Parole, Citizenship, DACA, Employment Authorization, Entrepreneurs, Executive Action, Green Card, Investors, L-1, Naturalization, OPT, Students, U.S. Immigration |

Do I Need A Job Offer to Get a US Work Visa

Do You Need a Job Offer to Get a US Work Visa? One question that constantly comes up from people looking to get a work visa in the United States is whether you need a job offer first. The short answer is generally “yes.” The reason is that most work visa categories require the U.S. […]

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| Posted in DACA, E-2, Employment Authorization, Green Card, H-1B, L-1, O-1, OPT, Students, TPS, U.S. Immigration, Work Visa |