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After years of anticipation, the Department of Homeland Security has proposed and released the draft text of a rule which would allow international entrepreneurs parole to be able to remain and work in the U.S. while developing and growing their startup companies. The rule aims to stimulate foreign entrepreneurs to attract capital and create U.S. jobs by allowing up to five years of staying and working in the U.S. […]
The definition of an H-1B dependent employer is important in a number of ways, including due to the H-1B regulations’ certain additional recruitment and attestation requirements to such employers. For H-1B employers, it is important to understand the definition and apply the analysis during each H-1B filing. […]
In an August 3, 2016 opinion, the U.S. Court of Appeals for the Seventh Circuit held that in situations where beneficiaries of I-140 petition have ported their I-485 adjustment of status application to a new employer pursuant to the AC21 portability provisions, USCIS is required to provide a notice of its intent to revoke the earlier I-140 petition to the new AC21 employer but not to the beneficiary.
This year’s busy H-1B cap season included many H-1B employee candidates who hold F-1 status and who are employed in the U.S. pursuant to F-1 optional practical training (OPT) status. Out of these F-1 visa holders, many rely on the OPT cap-gap rule to continue working in the U.S. after the post-April 1st expiration date of the OPT and for as long as the H-1B cap petition is not denied or rejected by USCIS. However, the OPT cap-gap rule allows OPT extension only until September 30th, possibly leaving some H-1B candidates in a period of unauthorized employment. […]