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Since last year, some applicants have reported that when applying for OPT or H-1B, USCIS has scrutinized their LinkedIn work history, including whether they worked for companies in their home country or helped friends’ businesses while studying on an F-1 visa, or whether certain employment during OPT had been reported to USCIS. We recently handled an OPT application in which USCIS flagged multiple work experiences listed on the applicant’s LinkedIn profile as potentially unau

Breaking News! PERM Processing Suspended for 8 Tech Companies, Including MicrosoftHarvard, MIT, and 7 Other Universities Face J-1 Visa Investigations! On October 8, U.S. Vice President JD Vance announced two major actions involving foreign workers and international scholars during a White House press briefing. Key Point 1: PERM labor certification applications involving eight major technology companies, including Microsoft and Adobe, will be suspended. According to Reuters, t

October 1 is coming soon, and many new H-1B lottery selectees have already received their H-1B approvals. Many people ask: “What do I need to do after my H-1B starts? What should I pay attention to?” 1️⃣ After H-1B Becomes Effective: Pay Attention to Salary and Work Location After your H-1B becomes effective, you must be paid according to the wage information submitted to USCIS. For example: Whether your position is full-time or part-time; Your hourly wage or salary amount; H

Mexico’s Temporary Resident (TR) visa can be a relatively quick way for U.S. green card holders and citizens to obtain Mexican residency. TR can later be converted to Permanent Resident (PR) status, giving you another residency option and potentially both a Mexican temporary and permanent residency card. Next, I’ll be sharing a series of experiences and stories from people around me to give you a better understanding of the Mexico TR application process. ⚠️ Mexico TR Can Be U

Recently, in several Change of Status cases filed from within the U.S.—such as H-1B to F-1 or H-1B to B-2—we’ve noticed something worth highlighting: When it comes to I-539 applications, USCIS appears to be scrutinizing applicants’ financial resources, source of funds, and how those funds will be used in greater detail than before. See the original USCIS RFE language in Figure 2. In the past, financial evidence for a B-2 application generally focused on showing that the appli

On September 18, 2026, the White House issued an executive order titled “Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program.” The order directs DHS, DOL, and the Department of State to coordinate more closely when handling H-1B labor condition applications, petitions, visas, and entries. After reviewing the order, Attorney Xiaozeng identified two major areas to watch: 1️⃣ H-1B review will now take employer layo

On September 18, 2026, President Trump signed a new presidential proclamation officially extending the existing $100,000 H-1B payment requirement. The measure, which was originally scheduled to expire on September 21, 2026, has now been extended through September 21, 2027. Essentially, this move extends the $100,000 H-1B payment requirement introduced in 2025 for another 12 months. Under the current proclamation, the restriction specifically targets certain H-1B workers who a

For many H-1B holders whose status is about to expire, changing to B-2 visitor status can be a short-term transition strategy. Later, after finding a new employer, they may try to change back from B-2 to H-1B. However, in one case, the applicant received a B-2 RFE, with USCIS questioning whether the applicant had a genuine nonimmigrant intent when the B-2 application was filed. (See Figure 2.) The key trigger for this type of RFE was: While the B-2 application was still pendi

If the current employer timely files an H-1B Extension, or an H-1B Amendment + Extension, the employee may generally continue working for up to 240 days after the expiration of their existing H-1B work authorization, as long as the extension petition remains pending. (See Figure 2 for the official USCIS guidance.) ⭐️ During this period, the employer mainly needs to do two things: 1️⃣ Update Section 2 of the employee’s existing Form I-9 In the Additional Information field of S

We recently received a very smooth H-1B + H-4 approval case. The husband’s H-1B was filed first with premium processing, and the wife’s H-4 was filed afterward. For the H-4, we had already prepared ourselves for a separate and potentially longer wait. After all, the settlement agreement that allowed certain H-4 cases to benefit from the principal H-1B’s expedited adjudication expired in January 2025. And since these two cases were not filed concurrently, we definitely weren’t

Many people have probably seen this news circulating over the past few days. Let’s start with the most important point: Yes, there is a proposal—but it is still only a proposed rule and has NOT officially taken effect yet! That said, it may be a good idea to start preparing a concurrent H-1B as a potential backup option. Under the current rules, most people are familiar with the 60-day grace period: If you are laid off from your H-1B job or leave your employer, you generally

Many people ask: “After my H-1B is withdrawn or revoked, will I receive a notice from USCIS? And what will my Case Status show when I check it using the receipt number?” Actually, the follow-up notices and Case Status can be different depending on whether the H-1B had already been approved or was still pending when the employer requested the withdrawal. Today, Attorney Xiaozeng will walk through real-world cases involving two different situations: an already-approved H-1B and

We often get questions like: “My employer filed an H-1B petition for me, and my OPT has already expired. I’m currently working legally under the cap-gap extension, but before my H-1B status becomes effective, I was laid off and the H-1B petition was withdrawn or revoked. Do I have to leave the U.S. immediately?” The answer is: Generally, no. Under the applicable rules, an F-1 student whose underlying H-1B petition is denied, withdrawn, or revoked in the cap-gap context may ge

When filling out Form I-539 (Application to Extend/Change Nonimmigrant Status), if you have had employment since your most recent entry into the U.S., the form may ask you to provide information such as: ✅ Whether you engaged in unauthorized employment ✅ Employment start and end dates ✅ Employer’s name ✅ Employer’s address ✅ Weekly salary, etc. In many cases, we refer to the H-1B Approval Notice (Form I-797A) when completing the employer information. However, there is one par

Many people saw the news today saying that **the White House has approved the elimination of the 60-day grace period for H-1B workers after losing their jobs.** And naturally, people started getting anxious: **Does this mean H-1B workers will have to leave the U.S. immediately after being laid off? Is the 60-day grace period already gone? Will there no longer be enough time to complete an H-1B transfer?** First, the bottom line: 👉 **The 60-day grace period is still in place.

Recently, Xiaozeng Attorney has noticed that H-1B premium processing has been getting noticeably slower. Previously, when applicants chose premium processing, most cases would receive a decision within around 8–12 business days (see Figure 2 for a small compilation of recently approved cases). However, several of our recent H-1B premium processing cases have taken almost the full 15 business days to receive a decision. This naturally raises the question: If USCIS does not iss

There is a proposal requiring all newly selected H-1B petitions after August 24 to pay a $100,000 fee. There is a 30-day public comment period. Everyone in the U.S. can take one minute to submit a comment. If implemented, this would be a devastating blow to all foreign workers working in the United States. Moreover, even if this proposal ultimately does not take effect, it could still significantly discourage companies from hiring foreign workers. Companies are afraid of the

Beginning August 24, immigrant M visa interviews at U.S. consulates worldwide have reportedly been suspended for approximately two weeks. The current situation appears to be as follows: This adjustment primarily affects immigrant M visa interviews. Recently, the U.S. Consulate General in Guangzhou canceled a number of immigrant M visa interviews that had already been scheduled. Applicants who received cancellation notices will need to wait for the Consulate to reschedule thei

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