On August 14, 2020, without notice or warning, USCIS conducted an unprecedented second H-1B cap lottery for FY2021. Here’s what made the second lottery possible. After the initial lottery, certain employers chose not to file some of their selected H-1B cap petition(s). This resulted in unused H-1B visa numbers. The second lottery selected candidates from the remaining, previously unselected registrations. How did it work? USCIS uploaded new Registration Selection Notices to the USCIS Online Accounts. […]Continue Reading
Can I Keep Someone with an Expired H-4 EAD Employed?
Considering the delays, challenges, and exemptions with work authorization extensions of Employment Authorization Documents (EADs), employers are asking if they can keep certain workers employed with an expired EAD. If the person’s EAD has expired and they do not yet have the new EAD or another valid, acceptable document to present for verification, they may not be able to continue working. However, there are some exceptions. All U.S. workers must present acceptable documents to prove […]Continue Reading
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 […]Continue Reading
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 […]Continue Reading
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 […]Continue Reading
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 […]Continue Reading