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Tag: H-1B Visas

  • 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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  • USCIS Final Fee Rule

    On January 4, 2023, USCIS proposed a rule which would adjust USCIS fees, add new fees for benefit requests, establish distinct fees for petitions for nonimmigrant workers, and limit the number of beneficiaries on certain forms. The proposed rule included an increase in application fees by a 40% overall weighted average increase. The White House’s […]
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  • 5 Essential Insights for Physician Recruiters & Hospitals on Physician Immigration

    Here are five essential insights from Berardi attorney Andrea Godfread-Brown relative to physician immigration for recruiters and hospitals. Understanding Visa Statuses of IMGs It’s crucial to know if an International Medical Graduate (IMG) holds H-1B or J-1 visa status. J-1 status necessitates a two-year return to the home country, impacting the transition to H-1B status […]
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  • The H-1B Lottery Process Explained

    The H-1B program allows U.S. employers to sponsor foreign nationals for temporary employment in “specialty occupations.” Essentially, a “specialty occupation” is a role requiring at least a bachelor’s degree, or its equivalent, in a field related to the U.S. position. Since the establishment of the H-1B program in 1990, Congress has set an annual cap […]
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