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04 May 2023

I am on OPT, and I was not selected in this year’s H1B lottery. My employer suggested transferring me to their office in Canada, having me work there for a year, and then bringing me back on L-1. Is this a realistic option?

Answer There are three basic requirements to qualify for L-1: (1) the foreign entity and U.S. entity must have common ownership and control; (2) the person must work in an executive, managerial, or specialized knowledge position for the related entity abroad for at least one year;...

09:07 / FAQs / For Employers / For Individuals / Student / Worker
20 Apr 2023

My husband entered in H1B status in October 2022, and his employer has not yet started a green card case for him. Is it possible for me to qualify for an H-4 EAD?

Answer In order to qualify for an H-4 EAD, the principal H1B spouse must either (1) be the beneficiary of an approved I-140, or (2) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21). If your husband's...

09:05 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
20 Apr 2023

Last year, my registration was selected in the lottery. The H1B petition was approved and I got my H1B visa stamp, but the project was then canceled and I never came to the U.S. Can an employer file an H1B for me now without going through the lottery?

Answer The USCIS technically considers an H1B applicant counted against the numerical H1B cap if s/he is issued an H1B visa "stamp" from a U.S. consulate abroad. In general, a foreign national who has been counted against the H1B cap may work in H1B status for...

09:01 / Consulates / FAQs / For Employers / For Individuals / USCIS News / Worker
13 Apr 2023

I am a pujari (Hindu priest) in India. A temple in the United States has agreed to sponsor me for an R-1 religious worker visa. The temple has never filed an R-1 petition, and was informed there is no way to expedite the case until the USCIS conducts a site visit. Is this correct?

Answer Historically, a religious organization filing an R-1 petition for the first time was not allowed to use premium processing until a site visit had been conducted. Based on a policy change from a few weeks ago, however, it appears the U.S. Citizenship and Immigration Services...

06:50 / FAQs / For Employers / For Individuals / Other Work Statuses / USCIS News / Worker