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Shelter in Place and H1B Remote Employment

IMPORTANT ANNOUNCEMENT: As shelter in place orders are executed for the San Francisco Bay Area, California, and throughout the U.S. in response to the COVID-19 coronavirus pandemic H1B remote employment rises. Read more

San Francisco Immigration Law Blog

New application process for H-1B visas begins March 1

A new electronic registration process for the overhauled H-1B visa system is now ready for the fiscal year 2021 lottery. The U.S. Citizenship and Immigration Services (USCIS) says the new system is an easier-to-use streamlined process.

The USCIS says the new electronic system will reduce paperwork and save employers money when petitioning for H-1B visas. Under a simplified online process, employers must share only basic information about themselves and each requested worker.

Pregnancy is no longer considered a pleasure for B visa holders.

Trump has recently announced its changes to the B-1/B-2 tourist visa in its effort to "eliminate the criminal activity associated with the birth tourism industry." 

H-1B visas in 2020: More expensive and more stringent?

The H-1B visa program has already been the subject of some high-profile change. That includes the new electronic registration requirement with $10 fee, its impact on the lottery and reports of ever-increasing application denials. The tumult may not end any time soon.

Two proposed rules could alter the H-1B visa process even further.

EXPERT ASSISTANCE WITH THE NEW H-1B CAP PETITION REQUIREMENTS

On December 6, 2019, USCIS announced that employers seeking to file FY2021 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay an associated $10 fee for each electronic registration they submit to USCIS.

Immigrants to be denied visas if they can’t afford health care

The current administration said it would deny visas to immigrants who are unable to prove they can pay for their own health insurance or medical costs once they become official residents of the United States.

The administration justified the move by saying immigrants are three times as likely to lack health insurance coverage, which would impose a burden on American hospitals and taxpayers. The president said the U.S. government is “making the problem worse” by admitting thousands of undocumented immigrants who are not able to pay for their medical costs and that they should not “further saddle the current health care system.”

Immigrants to be denied visas if they can't afford health care

The current administration said it would deny visas to immigrants who are unable to prove they can pay for their own health insurance or medical costs once they become official residents of the United States.

USCIS Seeks to Limit EAD for Foreign Nationals Paroled Into the US

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Litwin & Smith recommends that you maintain your H-1B. Adjustment of Status EAD cannot be relied upon.

U.S. Citizenship and Immigration Services (USCIS) issued a immigration policy alert on August 19, 2019, stating that USCIS is enhancing its adjudicators' discretion to grant or deny work permits to foreign nationals paroled into the United States under INA 212(d)(5). This policy change affects many foreign nationals awaiting lawful permanent resident status.

DHS will perform site visits to STEM OPT employer locations.

Until recently a provision in the May 2016, STEM OPT regulation was not enfored. Current immigration policy (81 FR 13039) clarifies DHS discretion to conduct employer site visits at worksites to verify whether employers are meeting program requirements, including that they possess and maintain the ability and resources to provide structured and guided work-based learning experiences.

How is a national interest waiver visa different from others?

Individuals from other countries seek work opportunities in the U.S. for many reasons. However, there are many restrictions and guidelines to be aware of. These revolve around the professional qualifications of the individual applying for that specific work visa.

Employment-based immigration is split into two work visa categories, first and second preferences. First preference visas require an individual to fall within three of their eligibility criteria and require extensive evidence and documentation.

Asylee EAD expiring, Spousal EAD months away what to do?

While a US citizen sponsored spouse might not be ineligible to adjust for unauthorized employment. An LPR sponsored spouse would be ineligible. Further, while the sponsored spouse may not be ineligible for a green card. The employer may be penalized for employing without authorization. After the current EAD expires could take time off from work and wait for the new one. But, as you may have multiple EAD filings. Rather than be off work or work without authorization. We would recommend filing the C-08 EAD. It provides 180 days of employment authorization while the I-765 is pending adjudication to bridge the gap.

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