News & Resources

Arbitrary and Unpredictable Consular Visa Processing Requests and Delays

As part of the executive order “Buy American and Hire American”, we are now seeing and hearing about arbitrary and unpredictable consular visa processing requests and delays. These include processing for L-1 multinational managers or specialized knowledge employees; E-2 investors; O-1 extraordinary alien; and H-1B professional workers after USCIS has already approved the petition. This trend is unfortunately likely to continue because the Department of State updated the Foreign Affairs Manual (FAM), which it uses as guidance […]

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Alert about Employees in F-1 Status Changing to H-1B

Most students in F-1 or J-1 status are exempt from FICA (Medicare and Social Security) taxes, but once an employee’s status changes to H-1B, that exemption ends. They will become subject to FICA taxes. As the employer, you must begin withholding FICA taxes upon the effective date of the change.

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Video: What Can I Expect at My Consultation?

To learn more about how we can help you, please contact us via email at [email protected]

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Book Excerpt: Can I Change from L-1B to L-1A Status?

Here is an excerpt from the “L-1 Intracompany Transferee Visas” chapter in Giselle Carson’s book Beyond the H-1B: A Guide to Work Visa Options for Employers, Foreign Nationals, and Graduating Students, which is available for purchase on Amazon. Can I change from L-1B to L-1A status? Yes, if you are promoted to manager or executive, your employer can file a new petition to amend your status to L-1A. To be eligible to benefit from the […]

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Options Beyond the H-1B: Consider the NIW and Its New Adjudicatory Standard

  On December 27, 2016, the Administrative Appeals Office (AAO) issued a landmark decision for EB-2 National Interest Waiver (NIW) green card cases, which may make it easier for some to pursue this option. The AAO decision eliminated the existing NYSDOT standards and replaced them with more realistic standards. USCIS may now grant an NIW if the petitioner demonstrates: that the foreign national’s proposed endeavor has both substantial merit and national importance; that he or […]

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Are You Eligible for a 10- or 60-Day Grace Period?

The new High-Skilled Workers rule granted new grace periods that those in non-immigrant status may not be aware of yet. You can use your grace period to prepare to begin employment in the country, plan to depart the United States, or take action to extend, change, or otherwise maintain lawful status. However, it is important to note that you are not authorized to work during that grace period. Who is eligible for a 60-day grace […]

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