With the H1B season approaching, we have you covered on all things H1B. In this video, Attorney Ekaterina Powell, Esq., will explain the process of applying for an H1B visa including eligibility requirements.
In this video, Attorney Jacob Sapochnick Esq, will explain the I-601A waiver process for a spouse that is outside of the United States.
Who is not eligible to apply for a provisional waiver in the United States?
According to the new rule, the following persons are not eligible to apply for a provisional unlawful presence waiver:
If the applicant is under 17 years old; if the applicant is in removal proceedings, unless the removal proceedings are administratively closed and have not been recalendared at the time of filing the Form I-601A, if the applicant is subject to a Provisional Unlawful Presence Waiver; If USCIS has reason to believe that the applicant may be subject to any other grounds of inadmissibility other than unlawful presence; if the applicant is subject to a final removal order or a final order of exclusion or deportation; if the applicant is subject to reinstatement of a prior removal order; if the applicant does not have a case pending with the Department of State, based on the approved immediate relative petition, or has not paid the immigrant visa processing fee; if the Department of State initially acted to schedule the immigrant visa interview prior to January 3, 2013 for the approved immediate relative petition on which the provisional unlawful presence waiver is based, even if the interview has since been cancelled or rescheduled after January 3, 2013; (NOTE: The actual date and time that the alien is scheduled to appear for the interview is not relevant for the eligibility determination. This rule applies even if the alien failed to appear for his or her interview, cancelled the interview, or requested that the interview be rescheduled.) if the applicant has a pending Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. (NOTE: Individuals who are eligible to obtain LPR status while inside the United States through the adjustment of status process do not need the provisional unlawful presence waiver. The provisional unlawful presence waiver is only valid for the purpose of seeking an immigrant visa outside the United States.)
In this news segment with CBS8, Attorney Jacob Sapochnick Esq, discusses a new bill signed into law on Saturday, September 27, by California Governor Jerry Brown. The new law appropriated $3 million to nonprofit organizations who are qualified to aid unaccompanied children, coming from Central America to the United States, to seek legal representation. The law facilitates unaccompanied minors to seek legal representation in their removal proceedings.
In this video, Attorney Jacob Sapochnick Esq, will explain the O-1 visa process for extraordinary individuals.
The O1 visa is a temporary work visa for people with extraordinary ability in athletics, arts, business, education or science as demonstrated through sustained national or international acclaim. The O1 visa permits those who have reached the top level of expertise to come to the US to work in their field for an US employer or agent.
In order to qualify as a person of extraordinary ability, the applicant must demonstrate that they have risen above others in their field to the point where they have gained national and international recognition for their work. They must also show that they are coming to the United States for a temporary period of time in order to continue work related to their field of expertise.
In the fields of athletics, business, education, and science, extraordinary ability refers to a great level of expertise, in which the applicant falls within the top few percent of individuals in their respective field.
In this video, Attorney Jacob Sapochnick Esq, will explain what the E-1 Treaty Trader Visa is and its requirements
The Treaty Trader Visa (non-immigrant E-1 classification) is intended for the nationals of a foreign country with which a qualifying Treaty of friendship, Commerce, navigation, or a similar agreement exists with the United States. Nationals (individuals or companies) of such countries can obtain visas to work in the USA in order to develop and direct their trade with the USA. E-1 visa is for individuals coming to the U.S. to carry on substantial trade. A person may qualify as the principal trader or as an employee of a trader company having the same nationality.
The alien must be a citizen of a treaty trade country, and be involved in international trade.
The applicant must be coming to the United States to carry on substantial trade or to develop and direct the operations of an enterprise that has commercial trade with the applicant’s country of nationality.
The substantial nature of trade is dependent on the volume of the trade, the number of transactions, and a continued course of trade and is not tied directly to the dollar value.
The trade must be conducted principally between the United States and the treaty country. The Parent company, or the worldwide organization of the treaty enterprise, does not have to be engaged principally in the U.S. treaty country trade. It means the U.S. enterprise must conduct more than 50 percent of its total trade volume with the treaty country.
The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items including passing of the title of the trade items between the US and a treaty country.
These types of visas are for managerial and supervisory personnel, therefore, unskilled workers and workers with ordinary skills do not usually qualify for such visas. However, other personnel who have special qualifications that make the services to be rendered essential to the efficient operation of the enterprise may also qualify for such visa.
The E-1 visa holder can be an independent trader or an agent or employee of a trader or of a trading company.
The alien is the immediate family member of a principle E-1 visa holder.