Non-immigrant Working Visas

非移民工作签证H-1B Professionals


If US employers need to hire aliens to perform specialty work, then employers need to get a H1B visa for such aliens.To qualify for H1B, the position must be of a "specialty occupation" which requires attainment of a Bachelor's or higher degree as a minimum for entry into the occupation, and the alien workers must possess required degree, or a combination of education and work experience equivalent to that degree.

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非移民工作签证H-1B1 for Chileans/Singaporeans

Every year USCIS reserves 6,800 H-1B1 working visas for qualified Chileans and Singaporeans. Once approved, H-1B1 visa is valid for 1 year and subjected to be extended every year. H-1B1 visa holders cannot file immigrant petitions.

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非移民工作签证E-3 Professional for Australian


The E-3 nonimmigrant visa classification was created pursuant to the Australia-United States Free Trade Agreement (AUSFTA).
U.S. employers may employ citizens of Australia under the E-3 category in certain, limited professions for up to two year at a time. The period of  mployment may be renewed indefinitely.

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非移民工作签证L-1 Inter-company Transferees

1990 Immigration Act created a new employment-based immigrant preference category for manager and executives who meet the L-1 standard for alien transferees. The maximum duration of stay for L-1A managers and executives is seven years, and five years for L-1B specialized knowledge personnel.

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非移民工作签证O-1

The O-1 category is for highly talented or acclaimed foreign nationals. A criterion for qualifying for O-1 “Extraordinary Ability Category”, “Three-out-of-ten” rule is used to evaluate the qualification. The alien must include at least three types of evidence from the following list:

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非移民工作签证E1 for Treaty Traders

E1 visa is provided to individuals from foreign nations that have signed Treaty of Commerce and Navigation with United States. The purpose of E1 visa is to promote large scale commercial activities including exchange and purchase goods or service. Many industries are involved including banking, insurance, transportation, telecommunication, advertisement, design, construction, consulting, tourism, technology, accounting, etc.

     

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非移民工作签证E2 for Treaty Investors

The E-2 Treaty Investor Visa was established to facilitate and enhance economic interaction between the United States and related countries that have entered a treaty of commerce and navigation or bilateral investment treaty with the United States. Among these countries include Canada, China (Taiwan), Japan, Korea, Mexico, Philippines, Thailand, and etc. A qualifying investment must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity.

     

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非移民工作签证B1/2 and F1/2 Status Change

If a B1/2 visa holder wants to study in the US, he/she can apply a change of status from B1/2 to F1/2, certain conditions should be met:

  • the applicant has never enrolled in any school during B1/2 status
  • the B1/2 status is still valid
  • the B1/2 visa holder has no history of illegal work.
  • before I-539 being approved, the applicant cannot start study. Otherwise, the application would be denied.

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非移民工作签证相关文章

USCIS No Longer Accepting Petitions for One-Time Increase to the Temporary Nonagricultural Visa Program

U.S. Citizenship and Immigration Services (USCIS) is no longer accepting petitions from U. S. employers seeking to hire temporary nonagricultural workers under the one-time increase to the Fiscal Year (FY) 2017 H-2B cap announced in July.

For the first time, in May, Congress delegated its authority to the Secretary of Homeland Security to increase the number of temporary nonagricultural work visas available to U.S. employers through FY 2017.

USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S.

USCIS Will Begin Returning Unselected H-1B cap-subject Petitions

USCIS announced on May 3, 2017, that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions.

USCIS Completes the H-1B Cap Random Selection Process for FY 2018

 

USCIS announced on April 7, 2017, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS has also received a sufficient number of H-1B petitions to meet the U.S. advanced degree exemption, also known as the master’s cap.    

USCIS Reaches FY 2018 H-1B Cap

 

WASHINGTON - U.S. Citizenship and Immigration Services has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the master’s cap. 

USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions

USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.

Nebraska Service Center to Accept Certain H-1B Petitions

On July 1, 2016, the Nebraska Service Center (NSC) will begin accepting Form I-129 for H-1B and H-1B1 (Chile/Singapore Free Trade) petitions if the petitioner requests a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a requested action in Question 4 to:

New Web Page on the H-1B and L-1 Fee Increase (Public Law 114-113)

USCIS has posted a new Web page on the H-1B and L-1 fee increase required by the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). Pub. L. 114-113 requires certain petitioners to submit an additional fee of $4,000 for certain H-1B petitions and an additional $4,500 for certain L-1A and L-1B petitions.

USCIS Reaches H-2B Cap for Fiscal Year 2016

USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for Fiscal Year (FY) 2016. May 12, 2016 was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2016.

Employers May Submit Inquiries If Extension of Status/Change of Employer Petition Has Been Pending for 210 Days or More

On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times.

USCIS and Department of State Launch e-Approval for H-2A Petitions

USCIS and the U.S. Department of State (DOS) today announced the launch of USCIS/DOS e-Approval for Form I-129, Petition for a Nonimmigrant Worker, for the H-2A (temporary agricultural worker) classification. Beginning Wednesday, May 11, 2016, this new electronic process will allow USCIS to send approval information for H-2A petitions to DOS by the end of the next business day. DOS will accept this electronic information in place of a Form I-797 approval notice and allow its consular posts to proceed with processing an H-2A nonimmigrant visa application, including conducting any required interview.

USCIS Will Now Use Pre-Paid Mailers to Send H-2A Receipt Notices

Coinciding with the launch of USCIS/DOS e-Approval, USCIS will begin using pre-paid mailers provided by petitioners to send out receipt notices for H-2A (temporary agricultural worker) petitions starting on Wednesday, May 11, 2016. This is a change from standard processing at USCIS service centers, which normally use pre-paid mailers only for final decision notices.

USCIS Completes Data Entry of Fiscal Year 2017 H-1B Cap-Subject Petitions

USCIS announced on May 2, 2016, that it has completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions.

Fiscal Year 2017 H-1B Cap Premium Processing to Begin May 12

On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. USCIS first announced in a news release that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season.

USCIS Will Temporarily Suspend Use of Pre-Paid Mailers for Certain H-1B Cap Subject Petitions

For two weeks after premium processing resumes for H-1B cap-subject petitions, USCIS will not use pre-paid mailers to send out final notices for premium processing H-1B cap-subject petitions. Instead, USCIS will use regular mail. USCIS will be doing this due to resource limitations as it works to process all premium processing petitions in a timely manner.

USCIS Completes the H-1B Cap Random Selection Process for FY 2017

U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.

New Law Increases H-1B and L-1 Petition Fees

        The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015.
 
        The additional fees apply to petitioners who employ 50 or more employees in the United States, with more than 50 percent of those employees in H-1B or L (including L-1A and L-1B) nonimmigrant status.

Amended or New H1B Petition Required for Certain Employment Location Change

On April 9, 2015, the precedent decision Matter of Simeio Solutions, LLC (Simeio) was issued. This decision represents the USCIS position that H-1B petitioners are required to file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition.

USCIS Returns Unselected Fiscal Year 2016 H-1B Cap-Subject Petitions

USCIS announced on July 14, 2015, that it completed processing the return of fiscal year 2016 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.

USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions

Beginning July 13, 2015, USCIS will resume accepting Form I-907, Request for Premium Processing Service for all Form I-129, Petition for a Nonimmigrant Worker, H-1B extension of stay petitions. Premium processing requests for Form I-129 H-1B extension of stay petitions received by USCIS before July 13, 2015 will be rejected.

Employment Authorization for Certain H-4 Dependent Spouses FAQ (2)

1. Will USCIS require me to submit original documents with my application for employment authorization? As noted in the instructions for Form I-765, Application for Employment Authorization, you may submit a legible photocopy of an original document with your application, unless we later specifically request the original document in a request for evidence. If you submit original documents when not required, those documents may remain a part of the record and will not be automatically returned.

Employment Authorization for Certain H-4 Dependent Spouses FAQ (1)

1. As an H-4 nonimmigrant, would my employment authorization be limited to just my H-1B spouse’s time under AC21? For example, if my H-1B spouse’s petition is approved for the remaining time left in the 6-year period of admission plus the one year under AC21 §§ 106(a) and (b), and my H-4 status is granted the same period of time, how long will my employment authorization be valid for?

Applying Employment Authorization for Certain H-4 Dependent Spouses

On May 26, 2015, USCIS announced that, the Department of Homeland Security (DHS) would begin accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. Those eligible include H-4 dependent spouses of principal H-1B nonimmigrants who:

USCIS Completes Data Entry of Fiscal Year 2016 H-1B Cap-Subject Petitions

According to the latest update on USCIS’s website, on May 4, 2015, USCIS has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in their computer-generated random process.

USCIS Completes the H-1B Cap Random Selection Process for FY 2016

On April 13, 2015, U.S. Citizenship and Immigration Services (USCIS) announces that it has received about nearly 233,000 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption.

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

U.S. Citizenship and Immigration Services (USCIS) announced today (Feb. 24, 2015) that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Illustrations on Concurrent Employment Requests for certain H-1B Cap-Exempt Aliens

Petitions filed on behalf of aliens who will be employed by certain types of educational, nonprofit or governmental organizations (these types of petitioners are normally referred to as “cap-exempt” because an H-1B alien employed by such an entity is not subject to the H-1B numerical limitations) are not counted towards the numerical limitations in H-1B.

What Changes are Proposed for Employment-Based Visas?

DHS Secretary Jeh Johnson issued a memorandum outlining new policies that support U.S. high-skilled businesses and workers by better enabling U.S employers to hire and retain foreign workers.

H-1B Petitions for Nursing Occupations

There are some situations, however, where the petitioner may be able to show that a nursing position qualifies as a specialty occupation. For example, certain advanced practice registered nurse (APRN) positions normally require a U.S. bachelor’s or higher degree

H-1B Aliens’ Rights Relating to Employer’s LCA violations

ACWIA provides for enhanced penalties against H-1B employers who violate attestations made on a Labor Condition Application filed with the Secretary of Labor. Among these provisions

USCIS established the Employee-Employer Relationship in H-1B Petitions(2)

Will my petition be denied if I cannot establish that the qualifying employer-employee relationship will exist? A: If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you may be given an opportunity to correct the deficiency in response to a request for evidence (RFE).

USCIS established the Employee-Employer Relationship in H-1B Petitions

According to USCIS regulations, the petitioner of an H-1B petition must establish a valid employer-employee relationship, but there has been a lack of guidance regarding the certain types of relationships.

USCIS Vermont Service Center clarified some student travel related issues

On September 20, 2010, CIS Vermont Service Center, through its stakeholder conference, clarified many issues, among which, with regard to the inquiry of F-1 students, if H-1B petition has been filed on his /her behalf, and during H-1B pending period, if the student travels outside the USA, whether pending or approved H-1B will result in the denial of reentry, VSC made the following clarifications:

Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School

USCIS issued its special instructions for B-1/B-2 visitors who want to enroll in school on August 19, 2010. In its memo, CIS clarifies the following issues:

H-1B and L-1 Fee increase

On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately,