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Tag: H-1B Visas

  • Understanding the Guam-CNMI Cap Exemption under Public Law 110-229

    The Guam-CNMI (Commonwealth of the Northern Mariana Islands) cap exemption is a specific provision under U.S. immigration law that affects H-1B and H-2B visas. Established by Public Law 110-229, known as the Consolidated Natural Resources Act of 2008, this exemption was created to play a crucial role in the economic and developmental strategies of Guam […]
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  • Navigating the H-1B Cap Gap: Understanding Its Limitations & Coverage

    Congratulations to those who have recently been selected in the H-1B visa lottery! This is a significant milestone, and as you prepare for the next steps, it’s crucial to understand the concept of the “Cap Gap” and its implications for your status and travel plans. The Cap Gap extension is an important provision designed to […]
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  • Understanding the National Interest Waiver (NIW): An Effective Pathway for US Immigration

    The National Interest Waiver (NIW) is a valuable tool within the U.S. immigration system, particularly under the EB-2 visa category, which includes professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business. Unlike traditional employment-based visa processes, the NIW allows eligible individuals to bypass the labor certification process, commonly known […]
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  • The Health & Human Services (HHS) Waiver Option for Physicians

    The Health and Human Services (HHS) J waiver, an integral part of U.S. immigration policy, allows foreign medical graduates on J-1 visas to waive their two-year home-country physical presence requirement under specific conditions. This option proves beneficial for physicians specializing in primary care who are within a year of completion of a medical residency program.  […]
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  • Valid Passport or Travel Document Requirement for FY2025 H-1B Registrations

    On February 2, 2024, the Department of Homeland Security (DHS) published a final rule to improve the H-1B registration selection process and program integrity. This final rule aims to streamline the process while enhancing accountability and ensuring the accuracy of beneficiary information. One of the most notable changes is the shift towards a beneficiary-centric approach, […]
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  • Self-Employment in the U.S. Immigration System

    Someone who is self-employed is defined as someone who works for oneself as a freelancer (also known as an independent contractor) or the owner of a business rather than for an employer. There are multiple ways you can work for yourself in the United States as a nonimmigrant. To do so, you must first obtain […]
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  • H-1B Visa: Why the cap? A look into congressional history

    The H-1B visa program, established by the Immigration Act of 1990, has undergone several modifications since its inception. The cap on H-1B visas—set at 65,000, with an additional 20,000 for those holding a U.S. master’s degree or higher—has been a subject of considerable debate and legislation, reflecting a balance between competing interests of protecting domestic […]
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  • Navigating the H-1B Visa Process: What is a Specialty Occupation?

    In the realm of U.S. immigration law, the H-1B visa stands out as a beacon of opportunity for foreign nationals seeking temporary employment in specialty occupations within the United States. This visa category is instrumental for U.S. employers who are looking to sponsor highly skilled professionals in fields that demand a robust application of specialized […]
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  • Definition of the “Employer-Employee Relationship” in H-1B Petitions

    U.S. Citizenship and Immigration Services (USCIS) requires an employer who seeks to sponsor a temporary worker in an H-1B specialty occupation is required to establish a valid “employer-employee relationship.” In 2020, the agency issued an updated policy guidance to adjudication officers, which clarified the requirements to establish an “employer-employee relationship” to qualify for the H-1B […]
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  • H-1B Cap Exemptions for Physicians

    The H-1B program allows companies and other employers in the U.S. to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. If the petition is granted, the H-1B visa will be […]
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