Immigration Blog

Tag: H-1B

What You Need to Know about This Years’ Cap-Gap and H-1B Cap Petitions Pending Adjudication

We are happy to report that we have begun to receive receipt notices for some H-1B FY2021 cap-subject petitions! Below are answers to FAQs to help employers and their F-1 cap-gap students continue to plan for the H-1B cap-gap. Have receipt notices from the Vermont Service Center come in yet?  No. We’re still waiting for the receipt notices for the H-1B cap petitions filed with the Vermont Service Center (VSC), which has reported having issues […]

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In the Profession: Courage Is Grace Under Pressure

Proud of our team’s work and courage in completing various, complex H-1B work visa filings while working remotely. Grateful for one client’s note: “Great news. Thank you, for all the hard work and persistence getting this thing pulled together – remotely, no less. I know it was a lot of work for everyone involved. We appreciate it! We’ll look forward to hearing from the government next.” 

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How Do I Complete the I-9 Verification of an F-1 Student Under the H-1B Cap-Gap?

Some F-1 students whose H-1B petitions were timely filed with an October 1 start date and requested change of status are eligible for a cap-gap extension of status and employment authorization. The cap-gap is the period between when the F-1 student status would end and the H-1B status begins on October 1. Qualifying students are legally able to live and work in the United States during the “cap-gap” period. The cap-gap extension ends on September […]

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Will Those on Work Visas Get a COVID-19 Stimulus Check?

Through the COVID-19 economic relief package, many Americans will receive financial assistance from the government, subject to income restrictions. It’s a little more complicated for tax-paying foreign nationals, such as those here on a H-1B or F-1 visa. The distribution of the stimulus money is not directly dependent on immigration status but on whether the applicant:  is a U.S. citizen, permanent resident, or qualifying U.S. resident alien;  is not claimed as a dependent on someone […]

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Can an H-1B Worker Apply for Unemployment Benefits?

H-1B beneficiaries and other nonimmigrants (such as L-1, TN, and E-3 workers) are limited to working for their petitioning employer in a specific role. Those applying for unemployment benefits must be “able and available for work” in suitable positions while they collect benefits and must be actively seeking employment.  What does this mean for H-1B workers? Could other work-authorized immigrants qualify for these benefits?  Because H-1B workers, and other nonimmigrants such as L-1, TN, and […]

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What Options Do I Have If I Wasn’t Selected under the H-1B Cap?

The initial H-1B selection has come and gone, and many registrants did not make the 85,000-person cap. Because of this, many employers and foreign nationals are looking for alternatives to the H-1B. Here are three resources to help. This PDF provides an outline of both short- and long-term visa options available beyond the H-1B.  And in this video, Giselle Carson shares guidance on work visas to consider in lieu of the H-1B. And if you […]

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