Depending on the circumstances, an H1B Visa holder that loses their employment or fails to renew before it expires might be eligible for a grace period allowing them to remain in the US while they take action to preserve their legal status. But there are a lot of rules to consider, and breaking the rules could mean “unlawful presence.” We discuss being laid off or fired while on an H1B visa and what to do here.
The initial term for an H1B Visa is up to 3 years. After the initial 3-year term, an H1B visa may be extended or renewed for one additional 3-year term for a maximum stay of 6 years in H1B visa status. an extension of H1B visa status is obtained the same way as the initial H1B visa, by filing Form I-129 Petition for Alien Worker with USCIS. We review the H-1B Visa extension and renewal process here.
We successfully received the approval of an H1B Visa for a Cardiac Perfusionist through Form I-129 with US Citizenship and Immigration Services (USCIS) after a TN Visa denial. The employee first attempted to obtain a TN visa at a US port of entry under the Medical Lab Technician/Technologist profession and was denied entry. We were able to review the profession and placement of the employment at a non-profit teaching hospital and file a successful H1B visa petition. We discuss the details of this case and the H1B visa approval here.
On August 23, 2022, US Citizenship and Immigration Services (USCIS) announced they have received enough H1B petitions to meet the H1B Visa Cap.
Canadian citizens on J-1 visas who receive graduate medical education or training in the United States are subject to a two-year home residency requirement. In general, the home residency requirement requires you to return to your home country for at least two years after completion of your J-1 program. If you cannot meet the two-year home residency requirement, you must apply for a waiver before you can obtain an H-1B visa. Learn more about how the two-year home residency requirement applies to Canadian citizens.
In some cases, an F-1 Student’s status and employment authorization expire before the H-1B visa can be issued on Oct. 1. This creates a gap between the expiration of the F-1 status and the beginning of the H-1B visa status. Qualifying F-1 students with a gap before the start of their H-1B visa are allowed to remain in F-1 status under the “H-1B Cap-Gap Extension.” See if you qualify for the H-1B Cap-Gap extension.
It has become increasingly difficult to obtain an H1-B Visa through the annual lottery making it difficult for employers to employ foreign professionals. As an employer, you should be aware of the alternatives to the H-1B lottery when recruiting and hiring foreign talent. Learn about some of the best alternatives to the H-1B visa lottery.
The H-1B Visa designation is for qualified foreign workers performing work in the United States under a “specialty occupation.” Generally, this means the work performed in the United States requires at least a 4-year degree for entry into the profession. We clarify what a “specialty occupation” is for an H-1B visa here.
The H-1B Visa is designated for professionals in occupations that require a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation and the application of that specialized knowledge. In general, the H-1B visa is issued for two 3-year time periods for a maximum of 6-years. We discuss how to recapture time on an H-1B visa to go beyond 6-years.
Before any foreign national can work in the United States, they must obtain proper work authorization. There are several different work visas available for Canadians to work and live in the United States. See what options are available for Canadians to work and live in the United States.