Extending Your H-1B Beyond 6 Years Without One Year of PERM Pending
In May 2005, the United States Citizenship and Immigration Services (USCIS) issued a memorandum that remains critically important for H-1B visa holders and their employers. This memo provides key guidelines for processing H-1B extensions beyond six years, as stipulated by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). A central feature of this directive is the possibility of extending H-1B visas beyond the standard six-year limit under specific conditions related to the PERM labor certification process.
Understanding the Extension Provision
The H-1B visa, widely used by skilled professionals to work in the U.S., typically has a maximum duration of six years. However, AC21 and the USCIS 2005 memo introduce provisions for extending this period under certain circumstances, particularly in relation to the PERM labor certification.
Criteria for One-Year Extension Beyond Six Years
Example Scenario
Who Can Benefit:
Conclusion
Although issued in 2005, the USCIS memo on AC21 provisions continues to provide substantial benefits, particularly in the context of extending H-1B visas beyond six years. It opens a pathway for those caught in the often lengthy PERM process, ensuring continued employment and residency in the U.S. Both employees and employers should comprehend these provisions and strategically plan their immigration and employment timelines. Seeking advice from an immigration attorney is highly recommended for navigating this process successfully and ensuring full compliance with these provisions.
ReadMore: Rnlawgroup
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