Immigration Blog

H-1B Alternatives: F-1 OPT STEM Extension

By |April 17, 2014|

 

H-1B Alternatives

With the demand for the H-1B visa far exceeding the cap, it is important to know the H-1B alternatives available to HR professionals and employees.

According to the USCIS, there were 172,500 applications filed between April 1, 2014 and when the cap closed on April 7. The cap is set at 65,000, with another 20,000 available to individuals with advanced degrees. Which means roughly 50% of H-1B petitions will be not be accepted.

One alternative to the H-1B visa is the F-1 OPT Stem Extension.

F-1 OPT STEM Extension

The F-1 OPT STEM Extension is available to students who are currently in F-1 OPT status.

It allows for 24 months of additional F-1 OPT work authorization. However, once a foreign national has exhausted all eligible OPT for a given degree level, no additional F-1 OPT extensions are permitted.

To be eligible for an F-1 OPT STEM Extension, you have to be in F-1 status and have exhausted the initial 12 months of F-1 OPT eligibility.

You also need to have a STEM eligible degree in Science, Technology, Engineering, or Math.

Finally, your employer needs to be enrolled in E-Verify.

If you have additional questions about F-1 OPT STEM Extension, please feel free to visit us at www.visanow.com for more information.

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Laura and Naptholi’s Fiance Visa

By |April 16, 2014|

The story of how Laura and Naptholi got their fiance visa

Laura and Naptholi

One of the many wonderful things about working in Customer Support at VISANOW is helping couples like Laura and Naptholi get their fiance visa, so they can be together.

How They Met

Like many couples, Laura and Naptholi’s were introduced by mutual friends and their relationship developed online and over the phone. They got to know each other for about a year before Laura flew to Jamaica so that they could meet in person.

Their relationship continued to grow and during Laura’s third trip to see Naptholi they stayed at a resort in Ocho Rios. They went to the karaoke bar at their hotel and Naptholi sang Laura a song. When he finished, he walked over to her, dropped to one knee, and proposed.

She, of course, said yes!

For many couples, deciding to spend the rest of their lives together is when the “happily ever after” begins. Unfortunately, when immigration is involved, that is when complications can begin.

Getting the Fiance Visa

Since they wanted to live in the United States, Laura knew they needed help. She began to research and make calls to find out more information. She felt that everyone she spoke with did not seem invested in helping her and Naptholi achieve their goal of being together.

She found VISANOW online and after calling us, her perspective changed. In her words, “VISANOW was not pushy and super helpful. VISANOW made things easy.”

The K-1 Fiance visa process was stressful for both Laura and Naptholi because they were anxious to be together. It was a new experience and they did not know what to expect. VISANOW helped them through every step from filing the I-129F, Petition for Alien Fiancé(e) to applying for the K-1 Fiance visa and preparing for the interview. Any time Laura was worried and had questions about their case she was able to call or email us. We were able provide her with the answers she needed.

A few days after I had a K-1 interview preparation call with Naptholi, I was privileged enough to be the second person who heard that his K-1 Fiance visa was approved (Laura was first, of course). He called me on his way home from the consulate. He was so excited to tell me the news and I was overjoyed for both of them.

Happily Ever After

Happily, Naptholi recently arrived in the U.S. and he and Laura have gotten married! When I spoke to her recently she said, “Thank you all for your awesomeness in helping us over the last year. I honestly couldn’t have managed without your team! Thank you very much!”

It was our pleasure!

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The White House Proposes Letting H-4 Visa Holders Work

By |April 11, 2014|

Under new proposed rules H-4 holders could work

Photo Courtesty of the Department of Commerce

During the inaugural meeting of the Presidential Ambassadors for Global Entrepreneurship (PAGE), President Obama proposed new rules that would make the United States more attractive to foreign entrepreneurs: including one that would allow H-4 visa holders to work while in the United States.

The Presidential Ambassadors for Global Entrepreneurship is headed by Secretary of Commerce Penny Pritzker and was formed to “harness energy, ideas, and experience to help develop the next generation of entrepreneurs both at home and abroad.” Members of the group include Steve Case, Tory Burch, Quincy Jones, and more.

H-4 Visa

In order to be eligible for the H-4 visa, an applicant must be the spouse or dependent of an H-1B visa holder.

As it stands today, H-4 visa holders are not allowed to work while they are in the United States, nor are they eligible for a Social Security number.

However, H-4 visa holders are able to do the following:

  • Study at a U.S. school
  • Obtain an Individual Taxpayer Identification Number (ITIN) for tax purposes
  • Open a U.S. bank account
  • Get a U.S. driver’s license
  • Change their H-4 status to another visa status (if eligible) by filing form I-539

The Department of Homeland Security is expected to publish a list of all proposed changes and new rules to attract new business to the United States.

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MAY 2014 VISA BULLETIN RELEASED

By |April 10, 2014|

The May 2014 visa bulletin has been released.

visa bulletin may 2014

Family-Sponsored Visas

Family visas or green card petitions are segmented into different priority levels. Applicants with U.S. citizen family petitioners will have priority over those with family members who only have green cards.

The different types of family-sponsored visa categories are roughly as follows:

  • F1: The unmarried sons and daughters of U.S. citizens.
  • F2: The spouses and children of Legal Permanent Residents (LPRs or green card holders).
  • F2A: Spouses and Children of LPRs.
  • F2B: Unmarried Adult Children of LPRs.
  • F3: Married sons and daughters of U.S. citizens.
  • F4: Brothers and sisters of adult U.S. citizens.

Employment-Based Visas

The U.S. has five major types of employment-based green cards:

  • EB-1: Priority workers with extraordinary abilities, outstanding professors or researchers, and executives or mangers who have transferred to the U.S.
  • EB-2: Individuals with advance degrees, exceptional abilities, or holding a national interest waivers.
  • EB-3: Skilled workers, professionals, and others who don’t qualify for EB-1 or EB-2.
  • EB-4: Religious workers, broadcasters, Iraq/Afghan translators, Iraqis who have assisted the United States, physicians, Armed forces members, Panama Canal Zone employees, Retired NATO-6 employees, spouses and children of deceased NATO-6 employees.
  • EB-5: Investors who are investing in a new commercial enterprise.

Wait Times

Categories for each visa are supposed to go forward in time from month to month (called “advancement”), reflecting that more recently submitted applications are being processed as time goes on. However, this is not always the case when USCIS is overloaded with an unexpected number of applicants.

Retrogression most often occurs right after a visa category moves forward significantly, inciting a large wave of new applicants looking to take advantage of faster processing times. Retrogression is a way for USCIS to “put on the brakes” for new applications, so to speak. Priority dates for work-based green cards in India recently advanced several years, and there were so many new applicants as a result that the category was almost immediately penalized with retrogression. Normally, visa categories with the most applicants have the slowest advancement and are the most vulnerable to retrogression.

Employment-based immigrant visa petitions will commonly take less time than family-based visas for a number of reasons. There are far fewer employment-based applications due to low government caps, and the work-based visa application process requires the applicant and his or her United States employer to provide an immense and exceptionally detailed amount of information before proceeding.

The visa bulletin publishes priority dates for visa categories monthly, which let applicants know how far along they are on the wait list. A priority date is like the now serving sign at a deli counter or a fast food restaurant: the priority date listed is the application date of the people USCIS is currently serving. Having a current visa category means you don’t even have to take a number.

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Do I Really Need an Attorney for my B-2 Visitor Visa?

By |April 8, 2014|

“Do I really need an attorney to help me with my B-2 visa?”

We hear this question a lot from people when they are debating the best route to take when applying for a B-2 Visitor visa.

The honest answer to that question is no, you don’t need an attorney to help you with your visitor visa.

Just like you don’t need a scuba instructor to teach you how to scuba dive.

However, the denial rates for the B-2 visitor visa are exceptionally high. Even the U.S. State Department cautions people from buying their plane tickets or making travel plans before their visa is approved.

Applying for a B-2 Visitor Visa on Your Own

Some of the most common reasons for a denial of a B-2 visitor visa are:

  • Lack of ties to home country
  • Lack of proof of legitimate reason to visit the US
  • Improper completion of the visitor visa application
  • Lack of confidence in the consulate interview

So how can an attorney help you get your visa approved?

Applying for a B-2 Visa with an Attorney

An immigration attorney can help navigate this process, spotlight all of the applicant’s qualifications for the visa, best assess your situation, and determine which supporting documents will best most beneficial to present your case.

One of the most valuable aspects of attorney assistance is the consulate interview preparation. It is important to be aware of the potential questions that will be asked ahead of time to ensure a confident response to the officer interviewing you. An immigration attorney service can thoroughly prepare you for this process by explaining:

  • Which questions will most likely be asked
  • Things to say
  • Things not to say
  • How to present yourself to the officer

This preparation and confidence in the interview makes the biggest difference in the approval for the B-2 visitor visa.

Is it required to obtain an attorney to apply for a visitor visa? Most definitely not. Is it in your best interest to have a professional prepare your application? Yes, without a doubt.

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VISANOW Presents: H-1B Alternatives

By |April 8, 2014|

As expected, this year’s H-1B cap closed soon after it opened. However, there are H-1B alternatives available to HR professionals and their employees.

VISANOW’s very own Matt Hellrung and Jenny Terlinden will be hosting a Google Hangout on Air to discuss these H-1B alternatives.

As an attorney and the Manager of Legal Services, Matt has spend the last few months preparing and filing H-1B applications. As the Manager of Customer Support, Jenny has spent the last few months working with HR professionals to prepare their visa applications. Together, they have a great combination of legal immigration knowledge and real world experience in applying for work-based visas.

H-1B Alternatives

Matt and Jenny will be discussing the pros and cons of a variety of visas including the H-1B1, L-1 Visa, F-1 OPT STEM extension, the F-1 OPT “Cap Gap” and more.

If you want to tune into Hangout on Air you have a variety of options. You can watch it via the YouTube video embed in this post, on our YouTube channel, or right on the Google+ Event Page.

UPDATE

You can view and download the slides that we used in this presentation.

H-1B Alternatives Slides.

The link above will take you to the Google Drive.

From there you can choose to download the presentation. I’ve included screen shots below for your reference.

Step One – Go to File

Screen Shot 2014-04-09 at 1.56.52 PM

 

 

Step Two – Download in your preferred format

 

Screen Shot 2014-04-09 at 1.57.04 PM

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USCIS Announces That The H-1B Cap Has Been Reached

By |April 7, 2014|

H-1B Cap has been reached

The USCIS has announces the H-1B cap has been reached

As expected, the H-1B cap for fiscal year 2015 has been reached.

On Monday, The USCIS  announced “it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015.  USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.”

The USCIS also said that it would continue to intake all the applications they have received between when the cap season started on 4/1/14 and today. After they have completed this initial intake they will begin the computer-generated random selection process to determine which applications will be counted toward the 65,000 visa cap.

Due to the high volume of the H-1B applications, the date for the random selection has not yet been announced.

On Wednesday, April 9 at 12:00 PM (CST), VISANOW will be hosting a Google Hangout on Air for HR professionals interested in H-1B alternatives.

You can watch this Hangout on Air via the link below or through this YouTube link.

VISANOW Presents: H-1B Alternatives

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Choosing Between A K-1 Fiance Visa or a B-2 Visitor Visa

By |April 2, 2014|

The Pros and Cons of the K-1 visa and the B-2 Visitor Visa

If you are looking to travel to the U.S. you’ll want your intentions to be clear.

We often encounter clients who are trying to figure out if they should apply for a K-1 Fiance visa or a B-2 Visitor visa.

At VISANOW, we give our customers as much information as possible so that they can make the best decision for their situation.

Here are some pros and cons for both the visitor visa and the fiance visa.

K-1 Fiance Visa:

Pro

Allows permanent stay in the U.S.

Leads to green card and eventually citizenship

VISANOW-affiliated attorneys’ 95%+ case approval rate*

Con

It takes longer to process

More expensive than the visitor visa

B-2 Visitor Visa:

Pro

It doesn’t take as long to process as the fiance visa

It is less expensive than the fiance visa

Con

It is difficult to get approved

Does not provide permanent stay or work authorization

Approval is not guaranteed

Your Intentions

As we mentioned last week, it really comes down to your intentions. The fiance visa is for individuals that are coming to the United States for to be married. The visitor visa is for individuals looking to come to the United States for a temporary stay.

Both visas require an interview at the U.S. Embassy or consulate and the interviewing officer will be looking to discern your intentions. When it comes to visitor visas the interviewing officer will presume that you are planning on staying in the United States on a permanent basis. You will need to make a strong case for your intentions.

If you are planning on getting married during your stay in the United States, it may take more time to wait for the K-1 fiance visa, but it has a much higher chance of being approved.

No matter what visa you need, VISANOW will build the best possible case for why your application should be approved.

If you need help determining which option may be best for you, please contact me at 312-935-7400 and we will figure out which visa works for you.

*Approval is not guaranteed in any given case; approval depends on the specific facts and legal circumstances of each case. This excludes B-2 visas.

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Should I Apply for a B-2 Visitor Visa or a K-1 Fiance Visa?

By |March 27, 2014|

What to consider when applying for a B-2 visitor visa or Fiance visa?

Photo by Viktor Hanacek

Are you trying to figure out if you should apply for a  B-2 visa or a K-1 Fiance visa?

Our goal is to provide our clients with a visa recommendation that best suits their situation and provides the highest chance of approval.

Here are some things to consider before deciding on which visa you should pursue.

Apply for a K-1 Fiance Visa if You:

Have already met in person.

Are prepared to get married within 90 days of fiance’s arrival to the US.

Are looking for guaranteed approval.

Are not concerned about the longer processing times.

Find that price is not your primary concern.

Apply for a B-2 Visitor Visa if You:

Have not met and/or US citizen petitioner cannot travel abroad.

Are not ready for marriage.

Are willing to accept that B-2 visas are difficult to get approved.

Are looking for quick processing times.

Are planning a short and temporary stay.     

Making Your Intentions Known

Since both of these visas require an interview at the U.S. Embassy or Consulate, it is important that your application clearly reflects your intentions for coming to the United States. When it comes to the B-2 visitor visa the interviewing officer will have the presumption that you are looking to make your temporary trip to the U.S. a permanent stay. Therefore, it is important to present strong evidence of your intentions for either visa.

If you need help determining which option may be best for you, please contact me at 312-935-7400 and we will figure out which visa works for you.

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Post Cap Season: H-1B Alternatives

By |March 26, 2014|

Post Cap Season: H-1B Alternatives

USCIS in Atlanta, GA

 

On Monday, USCIS issued a press release confirming that they will accept new H-1B cap petitions beginning on April 1st.  USCIS announced that they will use a lottery to decide which petitions are accepted for processing if more than 65,000 H-1B petitions (and 20,000 Master’s degree petitions) are received by April 7th.  The press release also mentioned that USCIS will begin premium processing H-1B applications no later than April 28th—which delays the start of the 15-day processing time for cases filed under Premium Processing.

For U.S. employers and potential H-1B holders, this waiting period is stressful, to say the least.  Employers who rely on H-1B workers may need to consider alternative hiring solutions if their H-1B petitions are not accepted under the cap.  H-1B candidates are left with an undecided future:  will they be able to come to (or remain in) the U.S. or will they have to look for a job elsewhere?

During this waiting period, both employers and employees can start to think about alternative solutions to pursue in case H-1B petitions are not accepted by USCIS.  Here’s a brief summary of alternative visa types to consider:

H-1B Alternatives

H-1B1

  • Applicant must meet H-1B requirements
  • Only for citizens of Chile and Singapore
  • Usually valid for 12 months, extensions are possible

L-1 (Intra-company transferee)

  • For employees at a foreign entity of an organization coming to work for that organization (or an affiliated organization) in the U.S.
  • Employee must either be managerial/executive level or have “specialized knowledge” of the company
  • Usually valid for 3 years, extensions are possible

TN

  • Only for citizens of Mexico and Canada
  • Employee must fall into one of the NAFTA-approved occupational categories
  • Usually valid for 1-3 years, extensions are possible

E-3

  • Applicant must meet H-1B requirements
  • Only for citizens of Australia
  • Usually valid for 2 years, extensions are possible

F-1 OPT STEM Extension

  • For students already on an F-1 visa working under OPT
  • Must be pursuing or have completed a STEM eligible degree program (Science, Technology, Engineering, or Mathematics)
  • Employer must be enrolled in E-Verify
  • Usually valid for 17 months

These are just some of the options available as alternatives to H-1B visas.  Every situation is unique.  For more information about visa and immigration assistance please contact us here at VISANOW.  We would be happy to help!

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VISANOW is now Envoy.

As part of our mission to create opportunities for organizations and global talent, we’ve updated our brand and how we communicate our message. In a time when thinking globally is how organizations grow and progress, we help businesses build world-ready workforces.

Envoy’s workforce management platform features premiere tools for navigating the immigration process for all your sponsored employees; knowledgeable Envoy-affiliated attorney and customer support; and resources to help you learn how to become an expert in the global immigration process.

You will be redirected shortly. Go to EnvoyGlobal.com to see the new changes.