Since 2016, the Department of Homeland Security has established the STEM OPT program, which provides F-1 students in STEM fields with an additional two years of work authorization as they “require practical training in a professional setting to implement their new knowledge.”

Optional Practical Training (OPT) is temporary employment directly linked to the main field of study of an F-1 student. Eligible students may apply for up to 12 months of OPT employment authorization before and/or after completing their academic studies (pre-completion and post-completion, respectively). However, all pre-completion OPT periods will be deducted from the post-completion OPT duration.

Types of OPT

All OPT must be directly related to the student’s major. You may be qualified to participate in OPT in two different ways if you are an F-1 student.

Pre-completion OPT: You are eligible to apply for pre-completion OPT after you have been formally enrolled full-time for one full academic year at a U.S.-approved institution, university, conservatory, or seminary. F-1 students are enrolled in the Student and Exchange Visitor Program (SEVP) by Immigration and Customs Enforcement (ICE).
If you are approved to engage in OPT prior to degree completion, you may work up to 20 hours per week while classes are in session. When school is not in session, you may work full-time.

Post-completion OPT: After completing your studies, you may apply to participate in post-completion OPT. If permitted for post-completion OPT, you must work full-time or part-time (at least 20 hours per week).

Impact of Pre-completion OPT on Post-completion OPT at the Same Education Level

Opting for a Pre-completion OPT will have an effect if you also want to apply for a post-completion opt which should be carefully handled to be able to complete your training without any hindrance.

If you have already obtained 1 year of pre-completion OPT part-time (20 hours per week), the remaining full-time OPT period will be decreased by 6 months or 50% of the previously approved year at the same level of schooling. In this circumstance, you would only be eligible for six months of full-time authorization to work after OPT completion.

If you have already obtained 1 year of full-time (40 hours per week) pre-completion OPT, the remaining time for full-time optional practical training at the same level of study will be decreased by 1 year, or 100% of the previously approved year. In this circumstance, you would not be eligible for any post-completion OPT work authorization.

STEM OPT Extension

If you hold a degree in certain science, technology, engineering, and mathematics (STEM) subjects, you may apply for a 24-month extension of your post-graduation OPT employment permit if you meet the following requirements:

• You Are an F-1 student who earned a STEM degree included on the STEM Designated Degree Program List (PDF);
• You Are employed by an employer who is enrolled in and using E-Verify; and
• You Have received an initial grant of STEM-based post-completion OPT employment authorization.

Court Upholds F-1 OPT Programs

The federal appeals court has maintained the status quo of the F-1 OPT and STEM OPT programs in a recent decision. This is a tremendous relief for many, as the availability of OPT encourages international students to study in the United States.

New Jersey Immigration Services has been providing immigration services for the last 20 years and we have earned the reputation of being a leading firm in the US known for quality documentation for all immigrant and non-immigrant petitions.

Get in touch with us today to apply for your pre-completion OPT or post-completion OPT. We help in providing documentation assistance to file an OPT program and help you secure your future in the United States. Our team of experts can also assist in exploring more options for staying and working in the United States.

In addition to Social Security, the SSN is utilized for a variety of other purposes. These include creating a bank account, acquiring credit, receiving government benefits, private insurance, and purchasing a house or a vehicle among others.

Social Security Number: Strategies for Dealing with Delays

The United States issues a Social Security number (SSN) to those who are permitted to work in the country. One of the primary functions of the Social Security number is to act as a tracking number for income tax and associated matters. Generally, the SSN application procedure is simple and easy. However, when it comes to employment authorization by employers and employees, there is the possibility of delay and associated confusion.

Obtaining a Social Security Number

If a foreign person is submitting form I-765, which is used to apply for an employment authorization document (EAD), or form I-485, which is used to apply for an adjustment of status, U.S. Citizenship and Immigration Services (USCIS) allows the applicant to apply for an SSN simultaneously. In most other situations, however, a foreign national must attend in person at the local Social Security Administration (SSA) office and produce two qualifying forms of identification along with proof of work permission, status, and age to apply for an SSN. On the SSA’s website, you may get further information on how and where to apply.

A foreign individual who applies for an immigrant visa at a U.S. consulate overseas may seek an SSN on the visa application. This method, known as enumeration at entry (EAE), may cause delays despite its apparent effectiveness. EAE entails the transmission of information between four federal agencies: the U.S. Department of State (DOS), U.S. Customs and Border Protection (CBP), USCIS, and the Social Security Administration (SSA). If the information does not flow correctly, the Social Security Administration places a hold on the application. This wait cannot be circumvented by filing a fresh SSN application after admission, since that application will likewise be put on hold. Therefore, it is often preferable to apply for the SSN after arriving.

Waiting Period and Verifications

Historically, when a foreign national entered the United States, there was a ten-day wait before the Social Security Administration (SSA) had access to border inspection information. Despite the fact that this should no longer be the case, it may be beneficial to wait for this short window, since the computerized I-94 information may need to be updated.

Before a Social Security number may be awarded, all supporting documentation must be validated via the Systematic Alien Verification for Entitlements (SAVE) system. SAVE is a web-based service managed by the USCIS Verification Division. Foreign people working on blanket L-1 admissions, EADs, and E visas are more likely than others to have issues with SAVE. If a delay arises during the SAVE process, the SSA has the ability to request that USCIS take corrective action.

Work Permitted Prior to Issuance of SSN

Contrary to widespread belief, persons with work authorization may begin working prior to SSN issuance. In reality, both the employer and the foreign national may have to face prosecution if employment is not initiated. For instance, in the H1B scenario, postponing the start of employment might result in the company having to pay back payments and the employee losing their status.

On beginning work without an SSN, the Social Security Administration (SSA), the Internal Revenue Service (IRS), and the Department of Justice (DOJ) all provide identical guidelines. According to the Program Operations Manual System (POMS), which is controlled by the SSA, a dummy number must be used if the SSN is not yet obtained. After the SSN is issued, the employer must submit further documentation to update the employee’s information with the right number.

Annotated and Blank Social Security Cards

Two types of SSN cards exist: blanket authorization and annotated authorization. The information on an annotated authorization card issued by the U.S. Department of Homeland Security (DHS) indicates that it is only acceptable for work purposes . Blanket authorization cards do not have this restriction, and hence foreign nationals are usually not granted these cards.

Upon becoming a U.S. citizen, a foreign person who has been granted an annotated authorization SSN card must amend this document in order to get a blanket authorization card. This modification will simplify the I-9 employment authorization verification procedure. It will assist in updating the government data completely, which might be crucial if an individual needs clearance via the E-Verify system.

Conclusion

Obtaining an SSN is a crucial and essential step for foreign nationals having work authorization. While this procedure goes effortlessly for many, delays and difficulty in acquiring the necessary verifications might cause annoyance to others. It should be kept in mind that an immigrant can and often should start working while the SSN is being processed.

The modern world has become a vast melting pot filled with lively families that transcend a number of borders, which is certainly something to admire and value. However, keeping track of immigration regulations can be challenging. This blog concisely discusses the 4 types of United States immigration statuses.

The United States receives numerous tourists. Many people migrate seeking employment, education, or simply better possibilities. Against this backdrop, America is best recognized as the Land of Opportunity. However, to visit or even reside in the United States, a valid visa or Green card is required. There are a lot of ways to obtain temporary residence and eventually attain permanent residency status.

Citizen

Citizenship is the first type of status, and there are three ways to obtain citizenship. The first is to be born a U.S. citizen (jus soli: any person who is born in the United States gains citizenship at birth) and the second is to have at least one parent with U.S. citizenship (jus sanguinis: If you’re born in another country but one of your parents is a citizen, then you automatically have citizenship in the US). The final option is to complete the naturalization procedure. A person is eligible for citizenship if they have been a permanent, upstanding resident of the United States for at least five years.

Permanent Resident

A permanent resident is not the same as citizenship since, despite having the right to work and reside indefinitely in the United States, permanent residents cannot vote and are susceptible to deportation. Green cards, also known as permanent residency cards, are issued by US Citizenship and Immigration Services. It serves as evidence of their status.

Non-Immigrant

Non-immigrants are persons who are permitted to temporarily remain in the United States. This includes those who travel to the United States for research, tourism, or temporary protection. Frequently, it also involves those seeking a K-1 visa from their partner. If a non-immigrant violates US law or their visa, their status may be changed to that of an undocumented individual.

Undocumented

Undocumented immigration is the only sort of immigration that is illegal by nature. Those who fall into this group are unauthorized to reside in the United States. They have no access to health care in the United States, are not permitted to work legally, and are not issued a driver’s licence. Individuals can become undocumented if they overstay their visa or illegally enter the United States.

The Diversity Visa Program, also known as the DV Lottery, is a program that was mandated by Congress and allows up to 55,000 individuals from countries that have historically been underrepresented in terms of migration to the United States of America to qualify each year for immigrant visas, which are also referred to as Green Cards.

The program is known as the “Green Card Lottery” or the “DV lottery” because the winners are selected through a random drawing from among the 10–12 million persons that enter the lottery each year from all over the world.

The United States of America takes great pride in its status as a nation founded by immigrants. However, people from some countries are migrating to the United States at a rate that is far higher than that of those from other nations. For instance, the number of people immigrating from Mexico, China, and the Philippines alone is significantly more than the total number of people immigrating from the majority of the other nations combined. The laws of the United States regulate immigration from certain parts of the world in order to ensure that the population continues to contain a diverse range of individuals.

Evolution of the DV Program

In the 1940s, the famous immigrant visa was initially established as the “Alien Registration Receipt Card.” The first of these IDs the size of a credit card included green lettering and a greenish photograph. Consequently, the term “Green Card” was coined and rapidly used. In the interim, the Green Card has undergone multiple color changes. In the past, it was even pink, but since 1999 it has been a pale green color. With a Green Card, more than 10 million foreigners currently reside in the United States.

Since 1994, the DV program has been implemented multiple times in February, November, and October. In 2000, the responsible institution changed. The originally designated National Visa Center in Portsmouth had to transfer processing responsibilities to the Kentucky Consular Center, which is now responsible for receiving and evaluating applications.

Earlier, it was still feasible to submit multiple DV lottery applications per person. This resulted in a few individuals applying hundreds of times for a Green Card and better their chance of acquiring one. The results were a completely overburdened institution and distribution inequities, as the influential were able to submit more applications. Since then, each individual is limited to submitting a single application each year and must have faith in Fortuna.

The Diversity Visa (DV) Program is based on sections 201 through 204 of the Immigration and Nationality Act of 1990. Based on a legal formula, the Immigration and Naturalization Service (INS) determines the qualifying nations and application requirements. These regulations usually vary from year to year.

Am I qualified for DV Lottery 2024?

The Diversity Visa Lottery is open for submissions from virtually all eligible individuals. However, there are only two prerequisites that need to be met in order to be eligible for a Green Card in the United States:

• Diverse Country of birth in accordance with current world political map
• education and/or working experiences

How to apply for the DV Lottery?

On the website of the United States Department of State, anyone who meets the requirements can register to take part in the annual Diversity Visa Lottery, which does not cost them anything and is open to anybody who meets those requirements. On the other hand, a significant number of people are unaware of this fact: in each and every lottery, up to forty percent of all applicants are eliminated from consideration due to mistakes they made in their paperwork regarding the deadline or other requirements.

The admission or rejection of applications for the Diversity Visa Lottery is accomplished through a computerised method; however, participants are not informed about the outcome of the lottery. It will not be disclosed to the applicant whether or not their application was successful in being entered into the lottery.

United States Green Card

A United States Green Card grants its holders the legal authorization to reside and maintain employment in the United States forever. In addition to this, you are practically entitled to the same rights as a citizen of the United States.

To participate in the Diversity Visa Lottery, sometimes known as the “green card lottery,” all that’s required is to fill out a short form online, and there is no fee associated with doing so. You have the opportunity to enter the lottery from the beginning of October until the beginning of November each and every year. The winners of the competition have their names chosen at random by a computer, and they and their immediate relatives are awarded green cards.

The International Entrepreneur Parole Program

Using the International Entrepreneur Parole Program, foreign nationals can legitimately launch a business in the United States. You can relocate to the US to launch a business if you meet the conditions of the IEP program. The program’s goal is to give the United States “substantial public benefit.”

The IEP program encourages any kind of entrepreneurial company idea, which is just one of its many advantages. If an entrepreneur presents a compelling case to United States Citizenship and Immigration Services, the program can assist them in any industry (USCIS). Since many employment visas have specific industry-related job requirements, the IEP program appeals to many candidates because of its openness to a number of businesses.

As your company expands, the International Entrepreneur Parole program can also be extended. These request specifics will be covered farther down the page, however the application can be used for:

• submitting a first request
• Making a time extension request
• requesting a significant change for your company
• Startup companies that have the potential to have a substantial positive influence on society are given the entrepreneur parole by USCIS.

(USCIS reinstituted the International Entrepreneur Parole program at the beginning of the Biden presidency. The program was initially developed under the Obama administration, but it wasn’t officially started during the Trump administration.)

What Does the Global Entrepreneur Rule Mean?

The Department of Homeland Security (DHS) is able to offer parole for foreign nationals on a case-by-case basis thanks to the International Entrepreneur Rule (IER). The foreign national must demonstrate that their operation and continued presence in the US would “significantly benefit the public” i.e., serve a humanitarian purpose.

The entrepreneur must also demonstrate that they “merit a favourable exercise of discretion,” according to the IER and USCIS.

The IER further states that:

• A person who just works for their company will be granted parole.
• Only three entrepreneurs per new company venture are eligible for the IEP.
• Children and spouses may be qualified for parole.
• If parole is granted, only the spouse—not any children—may apply for a work permit in the United States.

You can start a business in the United States without a visa thanks to the IEP program, which is one of its advantages. However, the program does not allow you to obtain a visa.

Your time in the United States may be extended if you are on entrepreneur parole. The initial parole period for entrepreneurs is 30 months. You can petition to have your parole extended once that period has passed.

Getting a Green Card by Owning a Business

Currently, there is no way to use the International Entrepreneur Parole program to get a visa. If you want to obtain a visa and become a legal permanent resident, you must do so outside of the program.

An entrepreneur visa is not available in the United States. However, you can apply for an employment based visa with us. A green card can be obtained through employment-based visas even though there are restrictions on starting a new business.

Application for an L-1B intracompany transferee visa is one example of this choice. You can start a business with the L1-B visa, but it must be a part of a bigger parent company, brand, affiliate, or subsidiary. You can still apply to work as an employer or an employee, though.

Eligibility for International Entrepreneur Parole

If you are a business owner submitting an application for the IEP programme, you must demonstrate to USCIS that you are qualified for entrepreneurial parole. You are required to

• possess a minimum 10% stake in the startup company
• Participate actively and significantly in the new business
• be submitting an application for a US-based company. five years after submitting your application
• contribute significantly to the success of your company
• Include proof that the startup brings about a considerable value to the public through accredited investors.
• Suitable U.S. investors putting down a minimum of $250,000
• Investing at least $100,000 in grants and/or other qualified government monies by federal, state, or local government bodies

Grants may be awarded for any of the following:

• economic expansion
• Research
• creating jobs
• additional common entrepreneurship activities

Even if you only partially match the qualifications for a financial investor, you can still be qualified for an IEP provided you can demonstrate that your firm has created new jobs and is expanding quickly.

How to Apply for a Parole for International Entrepreneurs

You must complete the following forms and supply supporting documentation to be considered for International Entrepreneur Parole.

• Application for Entrepreneur Parole, Form I-941
• Application for Travel Document Form I-131
• Application for Employment Authorization Form I-765
• Employment Eligibility Verification Form I-9
• Application for Entrepreneur Parole, Form I-941

When applying for parole for the first time, requesting more time, or making changes to your initial application, you must utilize Form I-941.

Initial Request for Entrepreneurial Parole

The following details should be sent to USCIS as proof of your startup:

• Information about a person’s identity
• Evidence demonstrating your participation in the company, your ownership share, and the programme eligibility of the business
• evidence that your company complies with the rules for qualified investors

You have 30 months to expand your business if you are given parole.

Entrepreneurial Parole: Extension

After the initial 30-month period, you can reapply for parole by utilizing Form I-941 for additional 30 months. The International Entrepreneur Parole program may only continue up to five years.

In order to be granted re-parole, you must send USCIS proof of:

• Your company/organization still meets the requirements for startup status.
• You are still eligible to start a business.
• 5% of your company’s ownership has been retained by you.
• Your startup’s initial phase includes:
• at least five qualified positions were created
• has received grants or awards from the government or qualified investors totaling at least $500,000
• has a minimum annual revenue of $500,000.
• 20% annual revenue growth on average
• presents indications of future growth potential

Get in touch with us today.

Working with an immigration lawyer is usually a good option because the International Entrepreneur Parole programme is a relatively new immigrant categorization.

We have been an established entity in the immigration business for more than a decade.  Contact us right away if you have any inquiries about establishing an international entrepreneur LLC company or other business venture!

Since its inception, the EB-5 Visa program has been one of the most dependable means to get permanent residency in the United States. It permits investors and their families to live, work, and study in any U.S. location. The EB-5 program might be the easiest option for well-off individuals to get permanent residence status in the United States.

The EB-5 visa, unlike other immigrant visa alternatives, does not need a US company to act as a sponsor, nor does it require any particular expertise, skills, or experience. Moreover, the EB-5 program is not limited to people of certain treaty states.

Reform and Integrity Act 2022

The long-awaited EB-5 Reform and Integrity Act of 2022 (RIA) was signed into law by President Biden on March 15, 2022, as part of an omnibus budget bill that reauthorized the EB-5 regional center program. The option to “concurrently submit” Forms I-526 E (Immigrant Petition by Standalone investor) and I-485 (Application to Register Permanent Residence or Adjust Status) is one of the most significant changes introduced by RIA. EB-5 Concurrent Filing permits investors in the United States on non-immigrant visas to apply for adjustment of status concurrently with the filing of their I-525 applications.

Foreign nationals temporarily living in the United States may alter their legal status using Form I-485(Application to Register Permanent Residence or Adjust Status). In EB-5 Concurrent Filing, investors are eligible to get permanent residence status. Before this statute, EB-5 investors were required to wait for the approval of their I-526 E applications before changing their status or leaving the country.

Concurrent EB-5 Filing offers investors more possibilities. Investors in the EB-5 program who convert their status from H-1B or E-2 are free to apply for work permission unrestricted by a sponsoring business or investment firm.

Moreover, upon the adjustment of status, EB-5 investors in the United States with F-1 (Student) visas would be able to suspend certain restrictions placed on foreign nationals studying in the United States.

USCIS Releases New Forms for Immigrant Investor Program

USCIS has updated Form I-526, Immigrant Petition by Alien Entrepreneur, to reflect the EB-5 Reform and Integrity Act of 2022, which makes substantial modifications to the filing and qualifying criteria for EB-5 investors. Form I-526, Immigrant Petition by Standalone Investor, has been divided into Form I-526, Immigrant Petition by Regional Center Investor, and Form I-526E, Immigrant Petition by Regional Center Investor.

• Form I-526 will be utilized by independent immigrant investors who are not seeking to pool their investment with other investors seeking EB-5 classification and will closely mirror the previous version of Form I-526.
• The Form I-526E will be used by immigrant investors who want to pool their investment with one or more other investors seeking EB-5 classification under the new regional center scheme.
Form I-526E reflects components of the new regional center program, such as the capacity to integrate Form I-956F (Application for Regional Center Designation) evidence by reference.

Statutorily, a prospective immigrant investor cannot submit Form I-526E until the regional center has filed Form I-956F for the specific investment offering via a connected commercial entity in which the prospective immigrant investor is investing. Once the regional center has received a receipt notification verifying the submission of Form I-956F, investors may then submit Form I-526E based on the receipt notice.
Forms I-526 and I-526E must be filed in accordance with revised program criteria beginning on July 12, 2022. Each submission incurs a $3,675 filing fee.

Filing and Eligibility

Under US Employment-Based Visa programs that enable concurrent filing, petitioners are entitled to apply for travel permits and work authorization.

If their work authorization and travel permits are accepted, petitioners may live, work, and attend school anywhere in the United States. They are eligible for all green card advantages while not owning one.

The eligibility of EB-5 concurrent filing is of interest to the majority of investors. Form I-485 is used to modify the immigration status of qualified foreign nationals who are temporarily authorized to reside in the United States.

Form I-526 E may only be submitted by foreign nationals in the United States on non-resident status who are also applying for adjustment of status. This clause normally applies to H-1B, L-1, and O-1 visa holders in the United States.

EB-5 Concurrent Filing permits investors who are currently in the United States under another visa category to apply for adjustment of status at the same time they file Form I-526 E. This new filing option, introduced in the RIA, permits EB-5 investors to gain permanent residence status while their I-526 E applications are being reviewed.

Hence, for many people, EB-5 Concurrent Filing expedites their ability to live, work, and study in the United States without the limits imposed by other visas. Contact us for further details on filing costs and biometric fees.

Key Highlights from CRS Report

The Congressional Research Service (CRS) recently published a report on the Employment-Based (EB) Immigration policy of United States which mentioned that there are about 140,000 international workers and their families who are granted lawful permanent resident (LPR) status or green cards by the United States annually. These employment-based (EB) immigrants are part of a larger permanent immigration system created by federal law — the Immigration and Nationality Act (INA) — that provides LPR status to around one million foreign nationals per year. Employment-based immigrants obtain LPR status via one of five preference categories: three hierarchical categories based on qualifications and desired skills (EB1, EB2, and EB3); a miscellaneous special immigrant category (EB4); and an immigrant investment category (EB5). Each category has its own numerical restrictions and eligibility conditions. The INA further restricts each immigrant-sending country to no more than 7 percent of all LPRs awarded annually on the basis of work.

The Procedure

The procedure for acquiring a green card varies depending on where employment-based immigrants reside. As new arrivals, foreign nationals residing abroad seek for an immigrant visa. Those residing in the United States submit an application to alter their status from nonimmigrant (temporary) to LPR. The majority of prospective EB immigrants must be sponsored for LPR status by their U.S. employers regardless of where they reside. The State Department (DOS) tracks and distributes all green cards.

A significant proportion of EB immigrants are employed in the fields of science, technology, engineering, and mathematics (STEM), health care, and finance. In FY2019, Indian, Chinese, Korean, and Filipino people represented 38 percent of all EB immigrants.

Demand exceeds the Quota

The majority of prospective EB immigrants change their status while existing in the United States and are already deeply rooted in the U.S. labour market, frequently working for their sponsoring firms. Since the demand for EB green cards greatly exceeds the annual quota, a sizable employment-based line has formed. In September 2021, this line of foreign employees and their accompanying family members with approved EB petitions and waiting for an immigrant visa number totaled over 870,000. The EB backlog exists primarily because U.S. companies sponsor approximately twice as many nonimmigrants (and their families) for LPR status than there are statutorily allotted slots. Depending on the employment-based visa category, new prospective immigrants from major immigrant-sending nations such as India and China can anticipate years or decades of waiting to obtain a green card.

Employers in the United States have hired more nonimmigrant workers in recent years, particularly those with scientific and technology expertise. In addition, foreign students and foreign-born workers in technical sectors of the U.S. labor market have risen to prominence. Certain nonimmigrant visas bridge the otherwise separate nonimmigrant and immigrant systems, as the INA gives dual intent to their recipients, allowing individuals to work temporarily in the United States and seek LPR status as nonimmigrants. Notable dual-intent visa types include the H-1B visa for special workers and the L visa for intracompany transferees.

Suggestions and View Points.

The Immigration Act of 1990, which established the present preference category system and its numerical limits, was the last major legislative reform to the permanent employment-based system. The gross domestic product (GDP) of the United States has doubled since 1990, and technology has grown throughout the economy. Some believe that statutory immigration limits are insufficient to meet the current needs of the U.S. labour market. Opponents of increased immigration cite employment competition and scant evidence of tight labour markets as reasons for their opposition.

Some have offered solutions to the employment-based immigration backlog, such as abolishing the 7 percent per-country cap and boosting the total number of employment-based immigrants allowed. Some propose extending the yearly limit on employment-based immigration to meet the current needs of the labour market. Others suggest that Congress should modify the standards under which all permanent immigrants are admitted to the United States, placing a greater emphasis on labour market contribution. Some have suggested point-based systems that reward characteristics associated with favourable economic and labour market outcomes. Others advocate decentralising immigration selection via place-based systems that permit governments and authorities to sponsor foreign workers depending on local labour requirements. Others have recommended regularly altering the number of immigrants based on the nation’s requirements.

In this backdrop

A few bills have been put forward in Congress to fix these problems. These bills will work to reduce backlogs and other issues that employees and employers face.

Here is some information about these Bills: –

The RELIEF Act.

This Act gets rid of the rule that only 7 percent of immigrant visas can go to people from one country. It also suggests switching to a first-come, first-served system for the next three years. So, this Bill will both increase the number of employment-based immigrant visas and decrease the number of people waiting in line.

The Jumpstart our Legal Immigration System Act

In April 2022, this Bill was brought up in the House of Representatives. It will get back 157,000 visas based on work and 222,000 visas based on family. Also, future visas won’t go unused and, if the bill passes, they would roll over. US Citizenship and Immigration Services will also get $400 million from the bill. So, people who are eligible for permanent residence can submit their application even if there isn’t a visa number available.

The Preserving Employment Visas Act

This bill is all about getting rid of the backlog of employment visas caused by the COVID-19 pandemic. It does this by re-issuing the thousands of visas that could not be given out because of the pandemic. The 7 percent country limit would also not apply to these visas.

The Bipartisan Innovation Act

This Act brings together the US Innovation and Competition Act and the America Competes Act, which were both passed into law. Both of these try to bring Ph.D.s in STEM fields and entrepreneurs with a lot of experience to the US. This act will exempt STEM Ph.D.s from annual immigrant visa limits, create a “W” visa for entrepreneurs who are running a new business, and give Uyghurs who are being persecuted and people from Hong Kong more protection.

The US Citizenship Act of 2021

With this bill, work visas are no longer limited by country. It also doesn’t count spouses and children when figuring out how many work-based visas can be given. Also, people who have been waiting more than 10 years to apply for permanent residence (PR) can apply right away without counting toward the annual limit.

The EAGLE Act

This bill, which stands for Equal Access to Green Cards for Legal Employment, is about changing the way green cards work. It gets rid of the 7 percent country limit and lets some foreign workers who are already in the U.S. on a temporary work visa apply for legal permanent residency.

These proposed legislations, once enacted with serve a great deal in easing the bureaucratic hurdles and cutting red tape to benefit a plethora of immigrants who will help shape the future of US.

If you want more information on US immigration, nationality laws and citizenship, please feel free to get in touch with us.

What is a Concurrent H1B?

“Concurrent H1B” is a term used to describe an H1B petition filed on behalf of a foreign worker in the U.S. who already has an H1B visa and wants to be able to work in another job at the same time.

A new employer can file a Concurrent H1B petition on behalf of a foreign national with valid H1B status. This lets the H1B holder work for more than one employer at the same time.

The new employer who wants to file the Concurrent H1B must go through all the usual steps for filing an H1B petition, such as getting the LCA from the Department of Labor and filing a petition with USCIS.

Concurrent H1B Requirements:

All of the requirements for a regular H1B petition must also be met for a Concurrent H1B petition. The employer must be able to prove:

• The job opening calls for both theoretical and practical knowledge, which is almost always gained through education at a college or university.
• The job requires a certain course of study that is directly related to the job.
• The position requires at least a bachelor’s degree or higher in the specific discipline (or its equivalent).

How many H1Bs can you have at the same time?

There is no limit in the law on how many Concurrent H1Bs a person can hold at the same time. But the H1B worker should be careful to show that he or she is not working too many hours and that the H1B status is valid at all times. USCIS might not approve an H1B concurrent employment for a full-time job if the employee is already working full-time for the main H1B employer.

Multiple H1Bs in Multiple Specialty Occupations at the Same Time

The concurrent H1B position(s) do not have to be in the same occupational category or specialty occupation as the first position. All that matters is that the H1B worker is qualified for the position and that the job is a specialty occupation.

*Cap exempt employers are those establishments which are not subjected to the annual H-1B visa numerical limitation as set by the US Government.

Changing jobs to a cap-subject employer requires the filing of a cap-subject case during the H1B lottery.*

Cap-exempt and cap-subject employers can both hire H1B workers at the same time

An H1B worker who is employed by an H1B cap-exempt employer can also work for a cap-subject employer. This is true even if the worker leaves the cap-exempt employer.

The H1B worker, on the other hand, will not be able to extend the H1B concurrent employment unless he or she is working for a cap-exempt employer as the primary H1B.

How to Work for Several H1B Employers at the Same Time:

Foreigners with valid H1B status can work for more than one H1B employer as long as the other employer or employers are willing to file a petition for a “Concurrent H1B.”

Changes to H1B employment at the same time

Changes in employment, like moving to a new job location, must be reported to USCIS so that the H1B worker can keep his or her nonimmigrant H1B status. Even for the H1B position, this is true. If the H1B worker gets fired or quits their main H1B job, they will still be able to keep working for their H1B concurrent employer.

Conclusion

People often think that someone with an H1B can only work for one employer at a time. People with valid H1B status can work for more than one H1B employer, as long as the other employer or employers are willing to file a Concurrent H1B petition on their behalf.

Even though adding a second job seems like a simple thing to do, there are many details that both employers and employees should keep in mind. Even if an H1B petition for the foreign national has already been approved, a second H1B petition for part-time H1B employment will not be approved. For a Concurrent H1B petition to be approved, it must be well-prepared.

Contact us if you have any questions about working for more than one H1B employer while you are in H1B status or if you need help applying for a U.S. work visa. We’ll look at your specific situation and figure out the best way to help you.