Q&A

How to codify USCIS deference to H-1B workers?

How to codify USCIS deference to H-1B workers?

Requirement That the H-1B Worker Perform a Majority of Duties “at” the Cap Exempt Entity ix. Codify Existing USCIS Deference Policy x. Create a Mechanism To Obtain a Pre-Determination of Cap Exemption xi. Allot H-1B Visas Subject to the Cap on a Quarterly Basis xii.

When is a priority date not retained by USCIS?

Retaining a Priority Date iii. Priority Date Not Retained if Approval Revoked for Fraud, Willful Misrepresentation, DOL Revocation, Invalidation by USCIS or DOS, Material Error, or Petition Denial iv. Beneficiary Standing To Challenge the Revocation of an Employment-Based Immigrant Visa Petition’s Approval

When to request continuation of cap subject employment?

Request for Continuation of Cap-Subject Employment When Concurrent Cap-Exempt H-1B Employment Ends xiii. Prohibit Cap-Exempt H-1B Worker From Concurrent Employment

How long can a J-1 visa be extended for?

The program and program sponsor must consent to the J-1 visa extension. Au Pair: 12 months. The Au Pair category has the option for an additional extension of 6, 9, or 12 months. College and University Students: Depends on the education level of the student.

Can a professor get a J1 visa extension?

If you are a J1 professor or research scholar, you can be granted a J1 extension of up to 6 months by your program sponsor without requiring the U.S. Department of State’s approval. This can, however, only be granted if the extension is necessary to complete a specific research project or program.

What do you need to know about the J1 visa?

A J1 visa is a non-immigrant program-based visa (as opposed to being employer-based, like the H-1B visa). You will apply to a specific government-approved sponsorship program which will provide you with a completed DS-2019.

What happens if my J1 visa is denied?

If your J1 visa extension application is denied, you will have to go back to your home country. You have a 30 day grace period from the date of completion indicated on your original DS-2019 to do this. If you stay in the U.S. after this 30 day grace period, you may be regarded as “out of status.”