Over the past several years, many H-1B professionals who lost their jobs have relied on a common strategy to remain in the United States while searching for new employment. After entering the H-1B 60-day grace period, some workers have filed a B-2 visitor change of status application to extend their authorized stay...
Category: H-1B Visa
New USCIS Adjustment of Status Guidance: What H-1B and L-1 Visa Holders Need to Know
Recent guidance issued by U.S. Citizenship and Immigration Services (USCIS) has generated significant discussion among employers, foreign national professionals, and immigration practitioners. The memorandum reiterates that Adjustment of Status (AOS) under Section 245 of the Immigration and Nationality Act (INA) is a discretionary benefit rather than an automatic entitlement, even when an...
What Employers Should Know Before Terminating Foreign Workers
Terminating an employee is never an easy decision. When the employee is working in the United States under a temporary work visa or employment-based immigration status, employers must also consider important immigration compliance obligations that may continue even after employment ends.
Many companies are surprised to learn that immigration-related...
International Travel Risks for Visa Holders and Green Card Applicants: What Travelers Should Know
International travel has become increasingly complicated for many foreign nationals living and working in the United States. While many travelers continue to travel abroad without difficulty, others are experiencing increased questioning at ports of entry, secondary inspection delays, electronic device searches, and additional scrutiny connected to immigration status and travel history.
Can EB-5 Investment Be a Backup Plan for H-1B and Employment-Based Green Card Delays?
As employment-based green card backlogs continue affecting thousands of foreign nationals in the United States, many H-1B professionals and their families are exploring alternative pathways to permanent residence. One option receiving increased attention is the EB-5 Immigrant Investor Program.
For some individuals facing long wait times in the EB-2...
H-1B to B-1/B-2 After Job Loss: Is This Strategy Still Safe in 2026?
For many H-1B workers who lose their jobs, one common strategy has been to change status to a B-1/B-2 visitor visa during the 60-day grace period. This approach has historically allowed individuals to remain in the United States while searching for new employment.
However, recent developments suggest that this...
OPT and H-1B Compliance Risks: Why Your Online Profile Could Impact Your Immigration Case
International students working in the United States under Optional Practical Training (OPT) often focus on maintaining employment and preparing for future visa opportunities such as the H-1B. However, one overlooked area that can create serious immigration risks is how employment history is presented—especially on public platforms like LinkedIn and other online profiles.
DOL Proposes Significant Increase in Prevailing Wages for H-1B and PERM Cases: What Employers Need to Know
Recent developments from the U.S. Department of Labor (DOL) may significantly impact employers sponsoring foreign workers. A newly proposed rule aims to increase prevailing wage levels for both H-1B petitions and PERM-based green card applications, potentially raising labor costs for many employers.
If implemented, this rule could change how...
H-1B Selected but Denied? What to Do After an RFE or Petition Denial
Being selected in the H-1B lottery is a major milestone. However, selection alone does not guarantee approval. Many H-1B petitions receive Requests for Evidence (RFEs), and in some cases, petitions are ultimately denied.
When this happens, both employers and employees are often left asking: what are the next steps?
Hired an Employee but Missed the H-1B Cap? What to Do If OPT Is Expiring Soon
Hiring international talent can be a valuable investment for U.S. employers. However, a common challenge arises when an employer hires a new employee working on Optional Practical Training (OPT), only to realize that the H-1B cap season has already passed or the employee was not selected in the lottery.