The H1-B visa season is fast approaching. In this video, Attorney Ekaterina Powell, Esq., shares our top tips on how to prepare for the H-1B visa lottery and the eligibility requirements for this popular visa.
To read more about the H-1B visa please read our H-1B guide.
In this video attorney Jacob J. Sapochnick discusses the new decision in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) handed down by the USCIS Administrative Appeals Office (AAO) which has changed the analytical framework for determining eligibility of national interest waivers. This new decision will affect foreign nationals who are pursuing a green card based on employment in the EB-2 category, and who are eligible for a “national interest waiver.”
The new three-prong test established by Matter of Dhanasar is a more flexible standard that will allow a broader population of foreign nationals in the EB-2 category to qualify for the discretionary national interest waiver. Under the new test, the EB-2 petitioner must meet all criteria established by the new test by a preponderance of the evidence. USCIS must determine whether on the whole the petitioner demonstrated by strong evidence that the requirements for the discretionary waiver were met.
The NEW three prong-test established by Matter of Dhanasar is as follows:
The foreign national’s proposed endeavor must have both substantial merit and national importance. Dhanasar indicates that under this first criterion, a wide number of employment fields may qualify for a discretionary waiver such as: business, entrepreneurialism, science, technology, culture, health and education. Dhanasar does not require that the petitioner show that the endeavor will bring immediate or quantifiable economic benefit to the United States. Providing such evidence however may help meet the preponderance of the evidence standard to the petitioner’s benefit. Under this criterion, the petitioner is still required to show that the proposed endeavor has “national importance,” or is “national in scope” as in Matter of New York State Department of Transportation. Endeavors that may be considered as being national in scope are those that have a significant potential impact for job creation or substantial potential for economic growth, and which are focused in an “economically depressed area” such as an area of unemployment, or economically disadvantaged region.
The foreign national must be well positioned to advance the proposed endeavor.This criterion will be analyzed by assessing the foreign national’s education, skills, knowledge and proven record of success in related or similar efforts. Other ways in which this prong can be proven is by providing a model, diagram, or plan for future activities, evidence of progress in reaching the endeavor, and evidence demonstrating interested stakeholders. The petitioner does not need to assess whether the endeavor will succeed.
On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements of the EB-2 category. In assessing this prong, the endeavor’s importance will be weighed against the national interest and be based upon the overall benefit the United States will receive from the foreign national’s contributions. USCIS may also consider other factors to determine whether granting the discretionary waiver would be beneficial to the United States taking into consideration whether there are any qualified U.S. workers who can undertake the endeavor, and whether there is a sufficient national interest to justify a waiver of the job offer and labor certification requirement.
If you have questions about this new decision contact us for a free consultation.
Attorney Charles Ward has been a long time attorney at the Law Offices of Jacob J. Sapochnick. Charles received his Doctorate in Jurisprudence from Southern Methodist University graduating Cum Laude. He has been a California licensed attorney since 1997 and is also licensed to practice before the Federal Court system. His area of expertise includes Immigration and Family Law. Charles Ward is a stand-out member of our team and is known for his professionalism, compassion, infectious laughter, and colorful personality.
At the Law Offices of Jacob J. Sapochnick Charles handles cases that are in removal proceedings, including Asylum, Adjustment of Status, and Voluntary Departure. Mr. Ward also helps clients prepare for courtroom hearings, trials, green card interviews, fraud interviews, citizenship interviews, and much more. Mr. Ward is an active member of the San Diego County Bar Association and served as President of the “Small Firms & Solo Practitioners” section.
Outside of the office, Charles enjoys swimming in the ocean, hiking, traveling, and going to sporting events.
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It is our pleasure to introduce you to our talented senior paralegal Linda Parrish. Linda Parrish is the senior paralegal for immigration and corporate matters at our law office. Altogether, she has more than 20 years experience in the legal field and brings an amazing amount of knowledge and expertise to our firm. She focuses on company formations, E2 and L1 visas as well as PERM Green Card cases.
Linda has been working with the Law Offices of Jacob J. Sapochnick since 2005. Linda has extensive knowledge of all aspects of immigration law, though her specialty lies in assisting investors, executives, and corporate clients to meet their immigration needs. She is also our resident Notary Public. Linda Parrish is an asset to our team for her expertise, kindness, and for the invaluable contributions she has made to our firm.
Mrs. Parrish is married, has four adult children and several grandchildren. In her spare time, she enjoys quilting and crocheting.
On December 9, 2016 Senator Graham and other Senators introduced the “Bar Removal of Individuals who Dream and Grow our Economy” (BRIDGE) act which will give current DACA holders “provisional protected presence” for a three year period, as well as undocumented persons who are eligible for the program, but who have not yet applied. The BRIDGE act is designed to protect “Dreamers” (recipients of DACA) from deportation, and allow them to keep the temporary employment authorization (EAD) they currently possess. The introduction of the BRIDGE act signals that we may not be seeing the end of the DACA program after all.
It is our pleasure to introduce you to Associate Attorney Yingfei Zhou, Esq who joined our firm in 2012. Attorney Zhou is an active member of the California State Bar, the New York State Bar, and the American Immigration Lawyers Association (AILA). She is fluent in Mandarin.
Ms. Zhou practices primarily on employment-based and investment-based immigration law. She has experience in various aspects of business immigration, including employment-based permanent residence and nonimmigrant visas, as well as marriage-based immigration and citizenship matters. Specifically, she has provided counsel to clients in relation to employment in specialty occupation, nonimmigrant NAFTA professional visa, individuals with extraordinary ability and achievements, nonimmigrant trainee or special education exchange visitor visa, religious worker visa, E-2 treaty investor visa, waivers, applications for adjustment of status, employment certification (PERM) applications, motion to reopen/reconsider, re-entry permit, visa interviews, as well as extensive EB-5 investment immigration work.
Ms. Zhou received her Bachelor’s degree in Law (LL.B) from Zhejiang University, one of the top universities in China. She graduated with distinguished honor awarded by the Department of Education of Zhejiang Province and was editor-in-chief of law review of her law school in China. She subsequently attended Thomas Jefferson School of Law in San Diego, CA and obtained her Master’s degree in Law (LL.M.). Prior to joining the Law Offices of Jacob J. Sapochnick, Ms. Zhou practiced law in China for two years.
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In this Facebook live stream, attorney Jacob J. Sapochnick discusses your frequently asked immigration questions and the rights of undocumented persons in the United States. For more information just keep on watching.
Welcome to the Law Offices of Jacob Sapochnick. Where Your Immigration is Our Passion.
For over 10 years our office has provided outstanding legal immigration services to clients from all over the world. Unlike other law offices, we provide personable service, communicating with our clients every step of the way. Thanks to our great team, our office has succeeded in obtaining approvals for thousands of immigration petitions. Whether you are an international investor, entrepreneur, fiance of a US Citizen, or are interested in an employment visa, our office has you covered.
To learn more about our office and the services we offer please visit our website.
In this Facebook live stream, attorney Jacob J. Sapochnick discusses your frequently asked immigration questions and the impact of the election on immigration. For more information just keep on watching.
In this video, attorney Jacob J. Sapochnick discusses the future of immigration law under President elect Donald Trump. For more information just keep on watching.
Donald Trump is set to become the next President of the United States on January 20, 2017. Due to his polarizing stance on immigration, many Americans are living in fear of deportation, while others ask themselves: how might immigration law change under the Donald Trump administration? The good news is that in recent interviews Donald Trump has dramatically scaled back his views on immigration, stating that he will prioritize the deportation of criminal persons residing in the country illegally which he estimates will affect about 3 million undocumented immigrations, although he continues to maintain that a wall must be built along the U.S. Mexico border. In terms of high skilled immigration, he has been highly critical of work visa programs such as the H-1B program. He has stated that Americans should have the opportunity to fill occupations being offered to foreign nationals first.