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US Work Visas and Immigration Blog

#1: Your Employer is NOT H-1B quota exempt, BUT, your Employment is "AT" an H-1B Exempt Institution (a “third party petitioner")

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The USCIS has interpreted the regulations to deem an H-1B nonimmigrant "quota exempt" who works "at" a quota exempt institution, even if he or she works for a non-exempt employer, under certain circumstances, as discussed in this article.

10 Ways to Beat H-1B Quota to Start Work NOW!

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This year the H-1B quota ran out on the very first day! In fact, there was such a deluge of H-1B applications that the USCIS was forced to run a lottery to decide who among the applicants would receive a coveted H-1B visa. As a result, many applicants who applied on the very first day were unable to get an H-1B visa. Therefore, if you want to have a chance of obtaining an H-1B visa, your best bet is to qualify under one of the quota exemptions listed below. Best of all, if you qualify for an H-1B exemption, you can proceed with your H-1B petition immediately, to start work now (either immediately upon approval of the H-1B petition or upon receipt of the petition if you qualify for portability), without having to wait for the next fiscal year!

USCIS Memo on H/Ls Traveling on Advance Parole

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The INS, the predecessor to the USCIS, published a Memo which discusses important issues regarding the travel of H-1B and L nonimmigrants who have been granted Advance Parole.

Presidential Determination on FY 2008 Refugee Admissions Numbers

Wed, 10/24/2007 - 8:45pm — RSA
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The following is the Notice regarding the Presidential Determination on FY 2008 Refugee Admissions Numbers

California Service Center confirms H-1 and H-4 who enter in Advance Parole can apply for extensions

Wed, 10/24/2007 - 8:38pm — RSA
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The California Service Center has confirmed that H-1 and H-4 nonimmigrant who were granted Advance Parole, left the U.S., and re-entered pursuant to a grant of Advance Parole may apply for an extension of the H-1 or H-4 status (provided there is an approved petition).

AAO Processing Times as of October 24, 2007

Wed, 10/24/2007 - 8:27pm — RSA
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The following is a list of the Administrative Appeals Office (AAO), Processing Times as of October 24, 2007

Sadly, DREAM ACT fails key SENATE vote

Wed, 10/24/2007 - 7:07pm — RSA
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Today, October 24, 2007, the DREAM Act failed to garner enough votes in the U.S. Senate to permit it to move to the next step, i.e., debate. The vote was 52 in favor, 44 opposed and 4 not voting. Click here to see how senators voted.

List of "Active" EB-5 Regional Centers

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For EB5 Investors, investing in "Regional Centers" provides key advantages. We have compiled a list of "Active" EB5 Regional Centers.

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Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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