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Challenges Facing a Successful H-1B Visa Petition and Some Solutions

The most popular nonimmigrant “professional” work visa, called the H-1B, is facing more headwinds. It is already subject to a visa lottery due to a cap on the number of visas authorized annually by Congress (85,000), with more petitions than there are visas available (this year: 195,000, last year, 225,000). A professional qualified for an H-1B visa holds a “specialty occupation”. A specialty occupation is considered to be one that requires the minimum of either a US Bachelor’s Degree, foreign equivalent, related work experience, or combination thereof, would equal such a degree. Frequently, a professional evaluation is needed to analyze a foreigner’s education and/or employment experience to equate it with a US Bachelor’s Degree. A three to one formula often applies for work experience, meaning that three years of related work experience can be considered equal to one year of US college. Thus, twelve years of incremental related work experience might equal a US Bachelor’s Degree.

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H1B Visa Rules: 'Public Charge' Can Deny Your US Immigration Application, Should Have Enough Financial Support to Live in Country

Mumbai, October 8: A proposal released by the US Department of homeland security explains that immigration applications can be denied if the applicant is likely at any time to be a public charge, according to a Times of India report. As part of the US immigration law, to be eligible for entry to the US or to apply for a green card, an applicant must be able to prove that they have enough financial support to visit or live in the US without concern of becoming reliant on US government welfare, that is, to become a public charge. H1B Visa Applications: Increase in Denials of H1B Visa Petitions by Indians: Know Fees, Eligibility Criteria & Other Details.

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H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

Two weeks: That’s how quickly a foreign technology worker in Silicon Valley can get an employment permit from Canada. In the U.S., that process takes months.

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Draft proposes fresh US immigration curb

A majority of H-1B visa holders, who constitute a significant chunk of the Indian diaspora in the US, may not fall afoul of this “public charge” draft proposal, a 447-page document which was put out by the Trump administration on September 22. However, the proposal requires them to attest self-sufficiency at the time of seeking an extension or change in status, eg from student visa to H-1B.

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Why it's not a good time to be an Indian student in US

When Zaman Rana went to study forensic science at Anglia Ruskin University in Cambridge last year, he had looked forward to buying a car. A year later, he has shelved the plan and works part-time at a nearby Marks & Spencer to cover his cost of education, which has been increasing steadily with the sliding rupee.

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USCIS clarifies no Issue of RFEs and NOID I Cap Gap solutions - Law Show

USCIS clarifies no Issue of RFEs and NOID I Cap Gap solutions - Law Show

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With international students facing more restrictions, Northwestern seeks to increase support

As international students at Northwestern continue to face uncertainties and obstacles spawned by stricter immigration policies, Northwestern is revamping efforts to support students facing the restrictions.

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Send Only Your ‘Best and Brightest': What’s Ahead for H-1B Visas

The Trump administration plans to narrow the definition of specialty occupation to limit the use of H-1B visas, but it may be limited in how far it can go.

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A Harvard professor’s suggestions for fixing the broken H-1B visa system

The allocation of H-1B visas is very inefficient, with the lottery system being used in the years with the greatest visa demand—precisely when US employers want to be most careful in their selections! 

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A new immigration policy is preventing foreign students from using their skills in the US


Unemployment is down, the economy is growing and companies have a need for recently graduated skilled workers. 

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