We have recently received a number of inquiries regarding international travel during the H-1B filing period or prior to the October 1 effective date, particularly whether such travel may trigger the $100,000 issue.   Under current policy and practice, travel is not automatically prohibited, but the timing and manner of travel are critical. The following 3 scenarios are generally the more prudent options to consider:   1. Remain in the United States and depart only after Octo

As this year’s H-1B lottery has concluded, even if you were not selected in this year’s H-1B lottery, there are still alternative immigration options available. Depending on the individual’s background and the employer’s situation, it is often possible to continue staying and working in the U.S. through other viable pathways. Below is a brief overview of several common options for your initial consideration: 1. J-1 Exchange Visitor Visa Suitable for researchers, visiting scho

A Recent Case A foreign national holding a B-1/B-2 visa stayed in the U.S. for six months and lawfully extended their stay for another six months, spending a full year in the U.S. Twelve months after the departure, the same individual attempted to re-enter the U.S. However, he was not afforded an opportunity to explain the circumstances regarding the prior stay. U.S. Customs and Border Protection summarily revoked the B visa and ordered expedited removal. The individual was r

As many of you prepare for international travel during the upcoming holidays, we want to share a brief update that may affect those who will need H-1B visa stamping to reenter the U.S. In the past few days, we’ve seen a number of U.S. consulates move or push back H-1B visa interviews originally set for mid-December 2025 and later. Consular officials have indicated that these adjustments are related to the implementation of enhanced social-media vetting, which requires additio

In recent months, we've seen U.S. immigration enforcement place more emphasis on worksite compliance, particularly around Form I-9 audits and surprise visits from ICE. For many employers, especially those newer to the U.S. system, these events can escalate quickly and catch teams unprepared. Whether triggered by routine audits, employee complaints, or suspected unauthorized hiring, actions taken by U.S. Immigration and Customs Enforcement (ICE) can disrupt business operations

As international graduates navigate the transition from F-1 student status to H-1B status, many ask a strategic question: Is it permissible to delay H-1B activation in order to fully utilize the remaining time on OPT or STEM OPT? This article outlines the legal framework, practical considerations, and associated risks of such a decision. Activation Pathways for H-1B Status 1. Change of Status (COS): For petitions approved with a COS request, H-1B status automatically begins o

After the introduction of the new EB-5 policy this year, immigrant visa interviews for the EB-5 Regional Center category have gradually resumed. We have recently been receiving interview notices from various consulates. Below is a summary of several recent representative interview notices for your reference. Priority Date Date of Case Completion Letter Date Interview Notice Received Notes Consulate 06/2015 08/2021 04/2022 Expedited by NVC due to aging-out concern Guangzhou 07

As you may have already noticed, the August EB2 Mainland China cut-off date for is 1/15/2016 and EB3 Mainland China cut-off date is 2/15/2017. If you applied for EB-2 and your priority date is before 2/15/2017, downgrading your EB-2 to EB-3 may be worth considering. What’s the Benefit of Downgrading My EB-2 to EB-3? The main reason for the downgrade is to enable you to file I-485 adjustment of status application. With I-485 filed, you and your family members will get the Em

As US-China relations have continued to deteriorate, the risk of holding a US green card has increased sharply for many people. How should "global citizens" respond to risks and optimize their immigration statuses and tax arrangements for upcoming years? The solution may lie in the citizenship programs of Caribbean countries, which can provide many with flexibility in both international travel and tax planning. There are five Caribbean countries offering Citizenship by Inves

As the COVID-19 pandemic continues to cause major changes, many employers have been forced to shut down or modify their businesses

Travel can also bring up many questions, especially when it comes to I-94 expiration.

If you participate in the STEM OPT program, either as a student or as an employer, please pay attention to these important updates from the USCIS. Both students and employers are now required to report any material changes to the Designated School Official (DSO) directly by submitting a modified Form I-983. This should be done at the earliest opportunity. Students are also responsible to report certain other changes, such as changes to their employer’s name and address to the

US citizenship or residence is not required to form a Delaware C corporation. Immigration status has no bearing on ownership interest in a C corporation, so startup founders from foreign countries can form a Delaware C corporation and own the C corporation’s stock. However, US citizenship is required if you want to form an S corporation and be the owner. This does not mean that a C corporation’s foreign founder can be its employee without proper immigration status. If you pla