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April 2013 Archives

H-1B and the New CIR Bill

It's been about two weeks since the Gang of Eight's "The Border Security, Economic Opportunity and Immigration Modernization Act of 2013" was presented before the Senate. . In this article, we will explore the specific provisions that affect H-1B visas. It's important to note that these provisions are not yet law and the bill may change by the time it lands on President Obama's desk for signing, if it makes it there at all.

Gang of Eight's New CIR Bill

On Tuesday, April 16, the Gang of Eight, comprised of four Democratic and four Republican members of Congress, introduced an eight hundred page Comprehensive Immigration Reform ("CIR") Bill. This bill has just been reviewed by the Senate Judiciary Committee today on April 22, and given the reactions by the media, politicians, and interest groups, this bill may experience both opposition, as well as support, before reaching the President's desk to be passed into law. Now that almost a week has passed since the bill's introduction, our office has had a chance to analyze some of the reactions.

H-1B Visa Extensions

While the H-1B quota for the fiscal year 2014 is over, it is significant to note that those foreign nationals already in the US on H-1B visas are exempt from the annual quota. Therefore, USCIS will continue to adjudicate H-1B visas so far as they relate to extension and transfers.

Entrepreneurial Visa Options

It is very much possible to hold a managerial position of a company you helped establish with a H1-B visa. On August 2, 2011, Secretary of Homeland Security Janet Napolitano and USCIS announced many immigration initiatives designed to boost the economy. The most notable one included a policy shift to allow a H1-B visa holder to have a majority or even 100% stake in his or her own company, including as a sole employee, as long as he or she can demonstrate that the company has the right to control the entrepreneur's employment. Some examples include preferred shareholders or a separate Board of Directors that control the terms and conditions of the entrepreneur's employment.

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