USCIS announced earlier that it has received 172,500 H-1B petitions for the fiscal year 2015 that will begin October 1, 2014. The lottery (also referred as “random selection process”) has been completed and USCIS has started sending receipt notices. With uncertainty looming large as to who may or may not cross the ‘threshold’ hurdle of H-1B visas, it is time that prospective H-1B visa beneficiaries start exploring other work visa options that may allow them to work and live in the United States on a temporary basis. This article seeks to provide readers with the snapshot of possible work visa options that may be available to prospective H-1B visa beneficiaries who do not make to the H-1B cap.
On April 12, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2018-2019. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will now use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
Last year, at about this time, the USCIS announced that it has received 172,500 H-1B petitions for the fiscal year 2015 which began on October 1st, 2014. The H-1B lottery (also referred as “random selection process “) is likely to be conducted again this year and, in a few weeks, the USCIS will begin to send out H-1B receipt notices.
With uncertainty looming large as to who may or may not “win the lottery” or who may or may not cross the ‘threshold’ hurdle of H-1B visas, it is time that H-1B visa hopefuls (and their prospective H-1B employers) start to explore other nonimmigrant work visa options to allow them to work and live in the United States on a temporary basis.
This article is timely in nature and it seeks to capture and present some of the possible nonimmigrant work visa options that may be available to prospective H-1B visa beneficiaries who do not “win the H-1B lottery” this fiscal year and who do not get counted toward the 2016 Fiscal Year H-1B cap.
Last year USCIS announced earlier that it received approximately 190,098 H-1B petitions for the fiscal year 2018. Once the lottery (also referred as “random selection process”) has been completed USCIS starts to send receipt notices.
H1-B Specialty Occupation Professional Visas.
ELIGIBILITY:
An international beneficiary who is offered a skilled specialty occupation by a U.S. Employer who qualifies as a professional worker may enter the U.S. temporarily to accept employment within his or her profession.
Learn more at www.onlinevisas.com or email information@velielaw.com.
Foreign Students: How to Obtain Work Visas and Green-Cards In the U.S.Susan Bond
A guidance on how foreign national students already in the U.S. can obtain work permits, extension of work visas, and finally adjust their status to lawful permanent residents
Every year at about this time, U.S. Employers approach the Immigration and Nationality Lawyers and Immigration Attorneys at the NPZ Law Group often asking us for the reasons why they should consider doing the H-1B visa. Here are the TOP TEN REASONS we give to them. David Letterman, eat your heart out . . .
The Beginner's Guide to Immigration SlidedeckEnvoy
Webinar Details:
-The difference between the most common U.S. work visa types
-Temporary stay requirements vs. permanent residency
-How to keep your organization immigration compliant
On April 12, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2018-2019. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will now use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
Last year, at about this time, the USCIS announced that it has received 172,500 H-1B petitions for the fiscal year 2015 which began on October 1st, 2014. The H-1B lottery (also referred as “random selection process “) is likely to be conducted again this year and, in a few weeks, the USCIS will begin to send out H-1B receipt notices.
With uncertainty looming large as to who may or may not “win the lottery” or who may or may not cross the ‘threshold’ hurdle of H-1B visas, it is time that H-1B visa hopefuls (and their prospective H-1B employers) start to explore other nonimmigrant work visa options to allow them to work and live in the United States on a temporary basis.
This article is timely in nature and it seeks to capture and present some of the possible nonimmigrant work visa options that may be available to prospective H-1B visa beneficiaries who do not “win the H-1B lottery” this fiscal year and who do not get counted toward the 2016 Fiscal Year H-1B cap.
Last year USCIS announced earlier that it received approximately 190,098 H-1B petitions for the fiscal year 2018. Once the lottery (also referred as “random selection process”) has been completed USCIS starts to send receipt notices.
H1-B Specialty Occupation Professional Visas.
ELIGIBILITY:
An international beneficiary who is offered a skilled specialty occupation by a U.S. Employer who qualifies as a professional worker may enter the U.S. temporarily to accept employment within his or her profession.
Learn more at www.onlinevisas.com or email information@velielaw.com.
Foreign Students: How to Obtain Work Visas and Green-Cards In the U.S.Susan Bond
A guidance on how foreign national students already in the U.S. can obtain work permits, extension of work visas, and finally adjust their status to lawful permanent residents
Every year at about this time, U.S. Employers approach the Immigration and Nationality Lawyers and Immigration Attorneys at the NPZ Law Group often asking us for the reasons why they should consider doing the H-1B visa. Here are the TOP TEN REASONS we give to them. David Letterman, eat your heart out . . .
The Beginner's Guide to Immigration SlidedeckEnvoy
Webinar Details:
-The difference between the most common U.S. work visa types
-Temporary stay requirements vs. permanent residency
-How to keep your organization immigration compliant
Immigration Issues for Int'l Entrepreneurs, Tech Professionals, and Startupsideatoipo
Immigration issues are front and center for many Silicon Valley entrepreneurs, startups, and professionals from various fields and different sized organizations.
Our speaker will address many of the issues confronting foreign-born entrepreneurs and tech professionals in Silicon Valley as well as hiring organizations.
The issues covered will include:
Entrepreneurial Visa Options: E-2, L-1, H-1B, and O-1 Visas
Investor Based Green Card Options: EB-5 Immigrant Visa
Employment Based Green Card Options: EB-1 Immigrant Visa
....and more.
Transfer Your H1B To an Established Employer, Direct Clients , High Pay Rates, Best Service.
We consider H1B's who want to transfer.
OPT's- (We also Sponsor H1B for eligible Candidates)
Green card Holders (We also do GC Processing and EB3 to EB2
Conversions)
The central platform for H1B sponsorship for International professionals and students who require an H1B visa to work in the USA
Find H1B Visa Jobs and Be Matched with H1B Sponsor employers in the USA
H-1B cap exempt employers: Find out who can file h-1b petitions all year-round.
If you think that your organization or your potential employee qualifies for H-1B cap exemption, our experienced attorneys make sure that you qualify.
Contact VisaPro at http://www.visapro.com/Contact-VisaPro/default.asp if you have any questions regarding the H-1B Cap, or need help in filing the H-1B Cap Exempt petitions.
Many F-1 visa holders, particularly those who are engaged in OPT, often change their immigration status to become professional specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap . There are an additional 20,000 H-1B visas, which are restricted to individuals who receive a master’s degrees (or higher degree) from a United States college or university .
Five Facts for International Students on F1 Visas in the USAoptghar1
Every international student must know about F-1 student visa requirements in USA. Find common questions and facts for international students on f1 visas in the US.
H1B Cap 2018 Filing Mistakes: Find out how to overcome them.
VisaPro Law Firm can help increase your chances of H-1B lottery selection and approvals.
Conact VisaPro for a FREE 2018 H1B Filing Plan Consultation at http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp
To receive assistance with your FY 2018 H-1B filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
This is a slideshow that explains the nuances associated with applying for a disability waiver when you are applying for U.S. Citizenship. You should prepare an N-400 and an N-648. The N-648 is prepared by a Doctor or Medical Professional who understands and knows the issues surrounding the applicable disability.
Now that the Senate has passed the bipartisan bill in the Senate, we await to see what happens in the House. Will the House take up the Senate Bill and pass it or produce its own bill that includes a core piece of senate Legislation, a path to the citizenship for 11 million unauthorized immigrants in the country.
Immigration Issues for Int'l Entrepreneurs, Tech Professionals, and Startupsideatoipo
Immigration issues are front and center for many Silicon Valley entrepreneurs, startups, and professionals from various fields and different sized organizations.
Our speaker will address many of the issues confronting foreign-born entrepreneurs and tech professionals in Silicon Valley as well as hiring organizations.
The issues covered will include:
Entrepreneurial Visa Options: E-2, L-1, H-1B, and O-1 Visas
Investor Based Green Card Options: EB-5 Immigrant Visa
Employment Based Green Card Options: EB-1 Immigrant Visa
....and more.
Transfer Your H1B To an Established Employer, Direct Clients , High Pay Rates, Best Service.
We consider H1B's who want to transfer.
OPT's- (We also Sponsor H1B for eligible Candidates)
Green card Holders (We also do GC Processing and EB3 to EB2
Conversions)
The central platform for H1B sponsorship for International professionals and students who require an H1B visa to work in the USA
Find H1B Visa Jobs and Be Matched with H1B Sponsor employers in the USA
H-1B cap exempt employers: Find out who can file h-1b petitions all year-round.
If you think that your organization or your potential employee qualifies for H-1B cap exemption, our experienced attorneys make sure that you qualify.
Contact VisaPro at http://www.visapro.com/Contact-VisaPro/default.asp if you have any questions regarding the H-1B Cap, or need help in filing the H-1B Cap Exempt petitions.
Many F-1 visa holders, particularly those who are engaged in OPT, often change their immigration status to become professional specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap . There are an additional 20,000 H-1B visas, which are restricted to individuals who receive a master’s degrees (or higher degree) from a United States college or university .
Five Facts for International Students on F1 Visas in the USAoptghar1
Every international student must know about F-1 student visa requirements in USA. Find common questions and facts for international students on f1 visas in the US.
H1B Cap 2018 Filing Mistakes: Find out how to overcome them.
VisaPro Law Firm can help increase your chances of H-1B lottery selection and approvals.
Conact VisaPro for a FREE 2018 H1B Filing Plan Consultation at http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp
To receive assistance with your FY 2018 H-1B filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
This is a slideshow that explains the nuances associated with applying for a disability waiver when you are applying for U.S. Citizenship. You should prepare an N-400 and an N-648. The N-648 is prepared by a Doctor or Medical Professional who understands and knows the issues surrounding the applicable disability.
Now that the Senate has passed the bipartisan bill in the Senate, we await to see what happens in the House. Will the House take up the Senate Bill and pass it or produce its own bill that includes a core piece of senate Legislation, a path to the citizenship for 11 million unauthorized immigrants in the country.
In Scialabba v. Cuellar de Osorio, a heavily-divided U.S. Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents' visa petitions as minors, but who turned 21-known as "aging-out" before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents. In the case, the majority ruled despite having waited his turn in line, the mere fact that the child aged-out means that his time was lost and the case could not be converted into a more appropriate visa category.
The reason why immigration reform needs to be "grass roots" is because it impacts all of us that way. Foreign nationals are all around us. Their kids grew-up with your kids. You have shared barbecues and block parties with them and you have sat with them in Church or Temple on the weekends. When the Immigration and Customs Enforcement (ICE) vehicles surround a house in the community with sirens blaring, children watch and wonder what they may have done wrong..........
There are three different types of Humanitarian Benefits related to Form I-130, Petition for Alien Relative: Conversion of Form I-130 to Form I-360 for Surviving Spouses; Section 204(l) of the Immigration and Nationality Act (INA); and Humanitarian Reinstatement under INA Section 205 and 8 CFR 205.1(a)(3)(C)(2).
This article will focus on the Humanitarian Benefit available under Section 204(l) of the INA. Also, this article will detail who could act as a “Substitute Sponsor” when requesting Humanitarian Benefits under Section 204(l) of the INA and Humanitarian Reinstatement under INA Section 205 and 8 CFR 205.1(a)(3)(C)(2).
It came out last night. F2A is now current!
India EB2 moved up to January 2008.
see below.
http://www.travel.state.gov/visa/bulletin/bulletin_6028.html
Undated USCIS PowerPoint on the Humanitarian Parole Program under the Refugee, Asylum, and International Operations Directorate, including legal authority, who can apply, application form and documentation, re-paroles, and more.
This the season to be jolly . . . but it is also the season when international travel can be a folly. Many foreign nationals will be traveling outside the U.S. during the holidays. This holiday travel usually extends from the end of December through the middle of January. Of course, for some, holiday travel often seems to entail a visit to the friendly Customs and Border Protection (CBP) Officer. For others, holiday travel may entail a visit to the U.S. Consulate Office in a home or third-country.
With the graduation in summer, many students will be entering in the OPT phase of their career. Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for more than nine months are permitted by the United States Citizenship and Immigration Services (USCIS) to work for at most one year on a student visa towards getting practical training to complement their field of studies. F-1 students are usually permitted a total of 12 months of practical training.
On April 4, 2008, the U.S. Department of Homeland Security (DHS) released an interim final rule extending the period of OPT from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to students who are employed by businesses enrolled in the E-Verify program or that make use of valid work permits and social security.[1] To be eligible for the 12-month permit, any degree in any field of studies is valid. For the 17-month OPT extension, a student must have received a Science, Technology, Engineering, or Mathematics degree in one of the following approved majors listed on the USCIS website.
On June 24th, 2014, USCIS, California Service Center published an informative Power Point that can be helpful to the students.
USCIS PowerPoint slide presentation on the launch, usage and benefits of the first phase of their electronic immigration benefits system, known as USCIS ELIS. The system is designed to modernize the process for filing and adjudicating immigration benefits.
U.S. Citizens can file for their:
•Spouse
•Unmarried child under age 21
•Unmarried son/daughter over age 21
•Married son or daughter
•Parents**
•Siblings**
Alternative Visa Options for H-1B Visa.docxZunaisha1
The H-1B visa is a favored choice for skilled international workers looking to work in the United States.
Yet, due to the large pool of applicants and limited slots available, many eligible candidates do not make it through the yearly selection process. However, this doesn't mean your aspirations to work in the US are impossible to fulfill. There are other visa types available that can assist you in reaching your career objectives.
The H-1B visa in the USA lets U.S. employers hire foreign workers for specialized jobs needing a bachelor's degree. Tech firms often use it for roles in IT, engineering, and science. It's a sought-after visa, but has yearly limits. Getting one involves employer support and a lottery due to high demand.
A Guide to Legal Pathways for Immigration and Work in the United States.docxZunaisha1
Contrary to what's often said, data from Homeland Security reveals that the number of illegal border crossings has decreased by approximately 90 percent since 2000. Additionally, a greater number of immigrants are entering the United States through legal channels.
Here are some of the most typical ways people legally enter the country, which could lead to getting permanent residency and, eventually, citizenship.
Grab OPT Jobs in USA For International Students | OptnationOptnation
However, after graduation, these students must navigate the complex job market to secure employment opportunities that allow them to stay and work in the US legally. This is where the opt jobs in USA program comes into play. visit: https://www.optnation.com/blog/grab-opt-jobs-in-usa-for-international-students/
How Skilled Workers Can Migrate to United States.docxZunaisha1
Migrating to the United States as a skilled worker typically involves following specific visa processes and meeting certain eligibility criteria. Here are some common pathways for skilled workers to migrate to the USA.
Hiring international students is considered to be an excellent approach for many different companies in the United States to infuse new perspectives and ideas in the workplace. It also assists overseas students in networking and building professional relationships as they begin their careers in this country.
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year.
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
Presentation on the H1B Visa and its requirements. This presentation details the procedure to apply for the visa and evaluates the costs for companies who want to apply for this visa for their employees.
Global summit 2017: EB-5 Investment (and other Business Immigration choices) ...A. Justin Lum
2017 San Gabriel Valley Realtors' Association Global Summit - Presentation on EB-5 and other business/immigration investment options under Trump administration
Many F-1 visa holders, particularly those who are engaged in Optional Practical Training (OPT), often change their nonimmigrant immigration status to become professional specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap . There are an additional 20,000 H-1B visas, which are restricted to individuals who receive a master’s degree (or higher degree) from a United States college or university .
no labor certification is required.no job offer or permanent job position is required.the self-petition is allowed.the EB-1A immigrant visa are current for most countries.
Immigration Issues for International Entrepreneurs, Tech Professionals and S...ideatoipo
Immigration issues are front and center for many Silicon Valley entrepreneurs, startups, and professionals from various fields and different sized organizations.
Our speaker will address many of the issues confronting foreign-born entrepreneurs and tech professionals in Silicon Valley as well as hiring organizations.
The issues covered will include:
Entrepreneurial Visa Options: E-2, L-1, H-1B, and O-1 Visas
Investor Based Green Card Options: EB-5 Immigrant Visa
Employment Based Green Card Options: EB-1 Immigrant Visa
....and more.
L1 Visa by far has become a popular non immigrant entry permit of the USA, as it is extensively used by several overseas organizations, either already having their establishments in the US, or intending to expand their business and footprint in this country.
Similar to EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP (20)
On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a FINAL rule that will make significant changes to the EB-5 Immigrant Investor Program; the rule will go into effect on Nov. 21, 2019. This is noted to be the first significant revision to the program’s regulations since 1993. Some of these revisions include:
Kendi ülkenize dönmekten korkuyor musunuz? Öyleyse, İltica başvurusunda bulunabilirsiniz. Çıkarma sürecinde iseniz, iltica başvurusunun farklı olduğunu unutmayın. Bu makalede, iltica talebinde bulunmayanlar için iltica başvurusunda bulunmayı açıklayacağız. Sığınma için uygunluk, ırk, din, milliyet, politik görüş ya da belirli bir sosyal gruba üyeliğiniz nedeniyle geçmişte yaşadığınız bir zulme veya gelecekte yaşayabileceğiniz zulüm korkusuna dayanmaktadır. Bu korku size özel olmalıdır. Kendi ülkenizin genellikle güvensiz olması yeterli değildir; Neden özellikle sizin için güvensiz olduğunu açıklayabilmelisiniz.
H-1B visas are granted to those who meet specific qualifications. The required qualifications include that the applicant have at least a bachelor’s degree from a U.S. institution and have a job offer from a U.S. employer that requires the H-1B Candidate to hold at least a bachelor’s degree.
Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1,
In the first week of April during the last several years the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap, both regular and master’s.
The first day a new H-1B case can be filed is Monday, April 1, 2019. The law requires that the government keep the filing window open until Friday, April 5, 2019. As such, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The Canadian Parliament recently announced that it was going to add more than one million new permanent residents in next three years (2019-2021). It is foreseeable that more than half of the new permanent residents will arrive on one of the three economic programs in the Express Entry program – the Federal Skilled Worker (“FSW”) Class, the Federal Skilled Trades (“FST”) Class, and the Canadian Experience (“CE”) Class. The Provincial Nomination Program (“PNP”) is also expected receive a great deal of additional applicants in the coming years.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed.
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for the next Fiscal Year on Monday, April 1st, 2019. As such, employers should start immediately identifying current and future employees who will require sponsorship for new Cap-subject H-1B nonimmigrant work visa petitions.
David Nachman, Esq., Managing Attorney at NPZ Law Group, says “for the new year there are some really big changes “on the cusp” for the H-1B Visa Lottery program”. The US and Canada Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely monitor the changes.
Government attorneys across the country are submitting requests to re-calendar previously administratively closed immigration cases. What does this mean for the immigration court system, and what does this mean for you?
First of all, what is administrative closure? Immigration Judges for decades have administratively closed, or indefinitely postponed cases in Immigration Court. Another form of administrative closure is also called
Let one of America’s premier Immigration and Naturalization Law Firms guide you through the EB-5 Investor VISA process. NPZ Law Group continues to maintain a solid reputation for being able to tackle difficult cases and has a very successful track record in the US for dealing with the EB-5 process. We continue to service EB-5 clients from start to finish.
Many H-1B visa holders could you find themselves facing deportation proceedings if their application for a visa extension or change of status have been rejected...
The Trump administration has empowered officials to outright reject visa applications under certain circumstances. This step
can be taken if the required ‘initial evidence’ wasn’t submitted or it failed to establish eligibility for the visa sought. The revised
policy will apply to all applications and requests received by the authorities from September 11 onwards.
U.S. AND CANADA IMMIGRATION LAW NEWS AND UPDATES US Immigration and Family Separation, DENIALS OF RFEs and NOIDS - NEW SEPTEMBER 11TH RULE, LIFTING CONDITIONS ON RESIDENCE - I-751, DHS Enforcement Priorities, End of Credible Fear Interviews etc. httpsconta.cc2NWfxPo
What to do about getting 2 years conditional permanent resident status when there is divorce or divorce case is still pending?
You can file Form I-751 at "any time" if you have a final order of divorce or annulment. That's true even if your conditional green card is not close to its expiration date. But what happens if you haven't yet filed for divorce or your divorce is not yet final?
Employment-Based Preference Categories
EB-1 China and EB-1 India remain steady at January 1, 2012, and DOS anticipates this date will hold for the remainder of the fiscal year. It is hoped that these categories will become current again on October 1, 2018, but demand trends will be monitored over the summer. If USCIS District Offices are not interviewing EB-1 China and EB-1 India applicants with priority dates beyond the established final action date, DOS may not have clear visibility into total demand. If there is a surge in demand for these categories beginning in October, it could cause a final action date to be imposed more quickly in the fiscal year than otherwise anticipated.
DOS expects that a final action date for EB-1 Worldwide will be imposed either in August or September, but notes that the category will return to current in October.
U.S. AND CANADA IMMIGRATION LAW NEWS AND UPDATES: USCIS Expands Online Filings, Entrepreneur Parole To Be Terminated, Verifying Employment Eligibility On The I-9 Form, I-751 Petitions to Lift Conditions On Residency, FOIA Online, DOS And The June 20 https://conta.cc/2LNQexX
More from Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (20)
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
1. EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAPi
By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.
USCIS announced earlier that it has received 172,500 H-1B petitions for the fiscal year 2015 that
will begin October 1, 2014. The lottery (also referred as “random selection process”) has been
completed and USCIS has started sending receipt notices. With uncertainty looming large as to
who may or may not cross the ‘threshold’ hurdle of H-1B visas, it is time that prospective H-1B
visa beneficiaries start exploring other work visa options that may allow them to work and live in
the United States on a temporary basis. This article seeks to provide readers with the snapshot of
possible work visa options that may be available to prospective H-1B visa beneficiaries who do
not make to the H-1B cap.
Cap-Exempt H-1B visas
There are certain categories of cap-exempt H-1B visas. One such category is for foreign
nationals having (or hoping to have) an employment offer from an institution of higher education
(or related or affiliated nonprofit entities), or from a nonprofit/government research
organization.ii
To be classified as cap-exempt, it not mandatory that prospective H-1B employee should be
employed by the institution of higher education (or related or affiliated nonprofit entities), or
nonprofit/governmental research organization. Prospective H-1B employee, employed by any
employer, who will perform the majority of his/her work at the qualifying institutions mentioned
could qualify for the cap-exempt H-1B visa provided the work performed should ‘predominantly
further’ the normal, primary, or essential purpose of the qualifying institution.
To illustrate, consider the case of an Information Technology (IT) company having a contract
with a U.S universityiii
for hiring and placing IT consultants for developing/customizing
university software. Assuming that IT consultants hired by the consulting company will
primarily work developing/customizing university’s software and that the work will benefit the
university in reaching one of its stated primary or essential goals; such employees may be treated
as H-1B cap-exempt even though they will not be employed directly by the university.
Other Professional Specialty Worker Visas: H-1B1, TN and E-3 Visas
There are three nonimmigrant visa categories quite similar to H-1B visas that are designated for
temporary professional workers from specific countries. These visas are based upon specific
trade agreements that foreign nations have signed with the United States.
The ‘H-1B1’ visa program is designed specifically for the nationals of Chile and Singapore. Up
to 6,800 visas (1,400 visas for the nationals of Chile, and 5,400 visas for the nationals of
Singapore) are set aside from the H-1B cap of 65,000 during each fiscal year for the H-1B1
program. H-1B1 can be obtained at the U.S. Consulate/Embassy abroad without ever submitting
2. a petition to the USCIS. Additionally, the Canadian and Mexican temporary professional
workers may explore the option of TN classification. The regulations specify various categories
of professions as well as the minimum qualifications for each profession that are covered by
Appendix 1603.D.1 to Annex 1603 of North American Free Trade Agreement (NAFTA).
Further, nationals of the Commonwealth of Australia may qualify for E-3 temporary work visas.
Like the H-1B1, E-3 visas are subject to an annual cap of 10,500 per fiscal year.
Occupationally, H-1B1, TN and E-3 mirror the H-1B visa in that the foreign worker must be
employed in a specialty occupation. While both H-1B1 and E-3 requires Labor Condition
Application (LCA) attestation from the Department of Labor (DOL), TN visa does not impose
this limitation. Unlike the H-1B, which is a “dual intent” visa, none of the above-mentioned
categories recognize dual intent. In simple terms, while a foreign national employed in a valid H-
1B status can pursue employed-based immigrant visa (commonly referred as employed-based
“Green Card”), foreign nationals employed on H-1B1, TN or E-3 lack this advantage. However,
foreign nationals employed in these categories can pursue their employment-based Green Card
by changing their status to another nonimmigrant visa category such as H-1B, L-1, etc., which
recognizes dual intent.
Treaty Trader/Investor Visa
A foreign national may qualify for an E visa depending on the type of agreement [Bilateral
Investment Treaty (BIT), Free Trade Agreement (FTA), or Treaty of Friendship, Commerce and
Navigation (FCN)] it has with the United States. There are two types of E visas: Treaty Trader
visa (E-1) and Treaty Investor visa (E-2). Nationals of a foreign country having FTA may qualify
for both an E-1 and E-2 visa, while BIT allows only for an E-2 visa.
For an E-1 visa, a foreign national entering the United States is required to carry on substantial
trade which is international in scope, principally between U.S. and the foreign state. The E-2
visa, on the other hand, requires the foreign national develop and direct the operations of an
enterprise in which the foreign national has invested, or is actively in the process of investing, a
substantial amount of capital. The enterprise must be a bona fide enterprise. Further, a “key
employee”, including the executives and supervisors, or persons whose services are “essential to
the efficient operation of the enterprise” may qualify for an E-1/E-2 visa depending on the
bilateral agreement between the foreign country and the United States.
Foreign Students Employed on Post-Completion OPT
There may be alternate visa option available to foreign graduates of U.S. Universities. If not
selected for H-1B cap, F-1 students in Science, Technology, Engineering, and Mathematics
(STEM) fields can apply for a special 17-month extension. To get the extension, the student
should be employed by an employer enrolled in E-Verify, and should have received an initial
grant of post-completion OPT related to such a degree. Regulations require that STEM subject
must be in the major or dual-major of the student’s most recent degree received. This extension
3. of the OPT period for STEM degree holders gives U.S. employers two chances to recruit these
highly desirable graduates through the H-1B process, as the extension is long enough to allow for
H-1B petitions to be submitted in two successive fiscal years (two H-1B cycles).
Students who do not hold STEM degrees may choose the option of going back to school. For
instance, a student who has completed a bachelor’s degree from a U.S. institution may exercise
the option of enrolling in another bachelor’s or master’s degree program. While enrolling in a
bachelor’s degree program may be a good idea to buy time in the United States with the hope of
making it to the H-1B cap next fiscal year, the option of enrolling in a master’s degree program
should be exercised with caution. Before enrolling in a master’s degree program, a student
should check whether the U.S. university qualifies as an “institution of higher education” as
defined by section 101(a) of the Higher Education Act of 1965 because not every master’s
degree from a U.S. educational institution will qualify an individual for the H-1B master’s capiv
.
L-1 Visa for Foreign Employees of Multinational Companies
Employees employed by companies with an offshore presence can explore the L-1 visa option.
The L-1 visa program facilitates the temporary transfer of foreign nationals with management,
professional, and specialized knowledge skills to the United States. Thus, even within the L
category, important distinctions are drawn between the two types of L visas, the L-1A for
executives and managers, and the L-1B for employees with specialized knowledge.
L-1A executives direct the management of an organization or a major component or function of
an organization. Similarly, L-1A managers have the primary duty of directing an organization,
or area of an organization, and supervision or control of the work of others, or management of an
essential function at a senior level in the organization’s hierarchy. Managers and executives need
not supervise subordinates. Regulations allow for “functional management”. To qualify for an L-
1B visa, the employee should have the specialized knowledge of the company, its product and its
application in international markets, or have an advanced level of knowledge of processes and
procedures of the company.
O-1 Visa for Extraordinary Foreign Nationals
Like the L-1 nonimmigrant visa, there are two types of O-1 visa. Also, like the L-1 visa, O-1 visa
is not subject an annual cap. O-1 visa category is divided into two categories: O-1A and O-1B.
O-1A is for foreign nationals having “extraordinary ability” in the field of the science, art,
education, business or athletics. If in motion picture or TV production, the person may qualify
for O-1B visa provided s/he has demonstrated record of “extraordinary achievement.” Thus,
there are different standards under the O-1 visa.
It is important to know that O-1 is not limited to the above-mentioned categories. USCIS
interprets the statute to encompass “any field of endeavor,” including craftsmen and lecturers.
Further, the term “arts” includes not only the principal creators and performers, but also essential
4. personnel such as directors, set designers, choreographers, orchestrators, coaches, arrangers,
costume designers, make-up artists, stage technicians and animal trainers.
Based on the foregoing, it is safe to conclude that before packing bags to their respective home
countries, prospective H-1B visa beneficiaries should carefully explore other work visa options
that may be available to them in the United States. One may still qualify for a cap-exempt H-1B
visa if s/he has an offer of employment from an institution of higher education (or related or
affiliated nonprofit entities), or from a nonprofit/government research organization. Even
employment with a third-party employer may qualify an individual for cap-exempt H-1B
provided the beneficiary will perform the majority of work at the qualifying institutions and, if
the work will benefit the primary or essential purpose of the qualifying institution.
Also, It would be prudent for the national of a foreign country to check on the type of trade
agreement his/her country has in effect with the United States as this may qualify the individual
for an H-1B1, TN, E-1, E-2 or an E-3 nonimmigrant classifications. Additionally, employees of
companies with offices both in the United States and offshore could explore the option of L-1
visa. Moreover, individuals with the “extraordinary ability” in the field of the science, art,
education, business or athletics may qualify for an O-1A visa while an O-1B may be appropriate
for a foreign national with “extraordinary achievement” in motion picture or TV production. Last
but not the least, F-1 STEM students should try to get the 17-month extension in order to make
the cap next year. We want to reiterate and reemphasize that students choosing to enroll in the
master’s degree program with the hope of having a better chance of making it to the H-1B cap
next year should choose their master’s degree program very carefully as not all master’s degree
programs qualify an individual for the master’s degree H-1B cap of additional 20,000 visas.
i
This is part VII of an VIII part series − ABCs of H-1Bs
ii
Previous articles in this series discussed in detail which educational institutions may or may not qualify as an
institution of higher education, and how to determine whether a nonprofit institution is “related to or affiliated with”
an institution of higher education.
iii
Assuming that the U.S. University will qualify as an “institution of higher education” as defined by section 101(a)
of the Higher Education Act of 1965.
iv
Part V of this series discussed in detail which educational institutions may or may not qualify as an institution of
higher education.