Last month, the U.S. Department of Homeland Security (DHS) implemented a final rule that updates the criteria for nonprofit and governmental research organizations sponsoring H1B visa beneficiaries under the cap-exempt category. This change is expected to expand the number of organizations that qualify as cap...
Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025)Sheela Murthy and other senior attorneys...
Answer Normally, the H-4 EAD application is approved at the same time, or shortly after, the H-4 change-of-status application. However, there is no way to guarantee this. (18.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Last month, the U.S. Department of State quietly changed the eligibility requirements for nonimmigrant visa applicants in India seeking an interview waiver (commonly referred to as “dropbox” appointments). These changes, which appear to have been made without a formal announcement, are outlined on the U.S....
Answer An H-4 spouse who does not have an EAD generally can be a passive investor in a business. However, one is not permitted to perform any work for the company, even if it is unpaid. And determining whether a particular activity is considered "work" under...
Answer There is no set amount required to qualify for an E-2. Rather, what is required is that the investment be (1) substantial in a proportional sense; (2) sufficient to ensure the investor’s financial commitment to the successful operation of the E-2 business; and (3) of...
The H1B registration period for fiscal year 2026 (FY26) is nearly upon us. The U.S. Citizenship and Immigration Services (USCIS) will kick off the two-week H1B registration period on 07.Mar.2025. And, while there are some registration system enhancements this year, the core process of submitting...
The U.S. Citizenship and Immigration Services (USCIS) has released details of the H1B registration for fiscal year 2026 (FY26). Per the announcement, the registration period will start at noon Eastern Time (ET) on 07.Mar.2025, and end at noon ET on 24.Mar.2025. Background on Registration Process To submit...
Answer If the H1B is filed for consular processing, it means the petition will not be approved with an I-94. If the beneficiary already has a valid H1B visa “stamp” in their passport, however, they do not need to go back to the consulate. Rather, the...
When filing an H1B petition, employers may receive a request for evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS) asking for additional information before a decision is made. One of the most common issues raised in an RFE is whether the job qualifies...
