Blog

Effective January 22, 2020, citizens of Iran are no longer eligible for E-1 treaty trader visas and E-2 treaty investor visas. This is due to the termination of the 1955 the Treaty of Amity, Economic Relations, and Consular Rights between the United States and Iran (the Treaty of Amity) as of October 3, 2018. Any Iranian nationals who filed filed E-1 or E-2 applications after October 3, 2018 will receive Notices of Intent to Deny and ultimately a denial of their application.

It’s December which means that many people are heading out of town for the holidays.  For immigrants in the United States, that means going home to visit friends and family that you haven’t seen in a long time.  If you were in the U.S. when you were approved for a non-immigrant work visa status, you may be wondering what documents you need in order to come back to the U.S.  The answer to that question depends on what status you were granted.

Below are some of the common documents needed to re-enter the U.S. with an H-1B visa for the first time.  Keep in mind that these are just general documents and you should contact an immigration lawyer about your particular case:

If you are Canadian, you generally just need the I-797 approval notice and recent pay stubs showing that you have been employed since your H-1B was approved.

For citizens of other countries, you will need to get an H-1B visa stamp in your passport before re-entering the U.S.  To do this, you will need to schedule a DS-160 appointment with the consulate in your home country. Some of the typical documents you will need to bring to the consulate include:

• Form I-797 approval notice
• I-129 petition and Labor Condition Application
• Updated letter from the employer confirming ongoing employment
• Recent pay stubs
• Passport with at least six (6) months validity

You already got through the hardest part, which was USCIS approving the H-1B petition. Enjoy the holidays!

Australia shares a special bond with the United States, as shown by the thousands of Australians living, working, or studying in the U.S. As a result of a various treaties between Australia and the United States, there are several visa and green card options available.

E-3 Visa for Australians

The most popular U.S. work visa for Australians is the E-3 visa, for people with bachelor degrees in a specialized occupation. The visa requires a U.S. employer to offer the Australian a position in an occupation that requires a bachelor’s degree. Examples of occupations include: social worker, graphic designer, accountant, financial analyst, etc. The E-3 visa may be approved for up to 2 years and renewable indefinitely. Australians can accept either full-time or part-time employment with an E-3 visa, and they may work for more than one employer if they are approved for multiple E-3’s. Learn more about the E-3 visa for Australians.

E-2 Treaty Investor Visa for Australians

Australian citizens who are either buying an existing business or starting a new business may be eligible for an E-2 treaty investor visa. To qualify, the primary applicant must own at least 50% of the U.S. business; have invested a “substantial amount” towards the purchase or the startup; the business must be “active and commercial”; and the applicant must be coming to the U.S. to direct and oversee operations.

H-1B Visa for Australians

While similar to the E-3 visa, Australian citizens are also eligible for an H-1B visa if they are sponsored by a U.S. employer. The criteria for an H-1B visa is similar to an E-3 visa. The most notable differences are that there is an annual quota for the H-1B that is met just about every fiscal year. There is an annual quota for E-3 visas, but it is almost never met.

On November 8, 2019, the Department of Homeland Security published a notice that it intends to increase USCIS filing fees for several visa and immigrant categories.  There is no confirmation if, or when, these changes will take effect and we will update this post as new information becomes available.

In the meantime, notable increases include:

• Naturalization:  $1,170 + biometrics (increase from $640 + biometrics)
• H-1B visas:  $560 (increase from $460)
• L-1 visas:  $815 (increase from $460)
• E-2 visas:  $705 (increase from $460)
• TN visas:  $705 (increase from $460)
• R-1 visas:  $705 (increase from $460)
• O-1 visas:  $715 (increase from $460)
• I-539 extension/change of status:  $400 (increase from $370)
• Application for Employment Authorization:  $490 (increase from $410)
• Application for Advance Parole:  $585 (increase from $575 + biometrics for some individuals

Some filing fees will see a decrease, including:

• Application for Adjustment of Status:  $1,120 (decrease from $1,225)
• Employment-Based Immigrant Petition:  $545 (decrease from $700)
• Biometrics:  $30 (decrease from $85)

*Table below courtesy of AILA

For the FY2021 H-1B cap season, USCIS will require employers who intend to submit an H-1B petition to pay a $10.00 non-refundable registration fee. Instead of accepting petitions from every employer as in previous years, USCIS will run an early “lottery” of those employers who pay the $10 registration fee. Those selected in the early lottery registration will then be invited to submit a formal H-1B petition. Those who are not selected will be informed, and they will not be allowed to submit an H-1B petition for that fiscal year.

The biggest advantage to the registration system is that employers do not have to incur legal fees hiring an attorney to prepare a full H-1B petition for submission, knowing that there is a good chance that their petitions will not be selected in the lottery. While USCIS does not cash filing fee checks of those petitions that are not selected, most law firms do not refund legal fees if H-1B petitions are not submitted by USCIS.

On the other hand, one disadvantage to the early registration system is that employer will need to start assessing their H-1B needs earlier than previous years. With the registration window open from March 1, 2020 to March 20, 2020, the days of submitting H-1B petitions at the 11th hour are most likely over.

Learn more about the H-1B visa. Please contact our office if you have any questions about the H-1B visa or any other visa or green card categories.