Articles Posted in Specialty Occupation

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.

For more information and eligibility questions please contact our office.  Remember to follow us on FacebookYoutubeTwitter, and Instagram 

Capture

In this video, attorney Jacob J. Sapochnick discusses the most popular visa options for hospitality workers. For more information just keep on watching.

Overview: 

The top visas used by Hotels and Restaurants to bring foreign workers to the United States are the J-1, H-3, H-2B, L-1, E-2, TN, and H-1B visas.  Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The appropriate visa type will largely depend upon the foreign worker’s qualifications and the type of position the worker will be occupying.

The J-1 visa is a cultural exchange program between the United States and foreign countries bringing foreign workers to the United States. There are 2 types of J-1 visas. The first category is a trainee J-1 visa. To qualify the trainee must have at least 5 years of experience working in the position or a Bachelor’s degree or equivalent, with at least 1 year of experience. Workers who come to the United States on a J-1 trainee visa, may work in the United States for a hotel or restaurant for a period of 18 months. The J-1 trainee visa allows the foreign worker to develop their skills, gain experience, and return to their home countries taking those skills with them. The second category is for interns, who are in school in their home country or have recently graduated, and have less than 1 year of experience. Interns may come to the United States for a 1 year period to train in a hotel or restaurant. The work and travel category of the J-1 allows foreign workers to come to the United States for up to 4 months during the summer time. The J-1 visa is generally an easy visa to obtain. It takes approximately 6 weeks for this visa to get approved by the Department of State.

Continue reading

In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I have a minor US Citizen child. Can I get a green card?

Overview:

This is a very common question. This question comes to us from a Chinese national who is currently in the United States on an H-1B Visa. This person asks: Can I get a green card based on the fact that I have a minor US Citizen child that was just born in the US?

In this situation because the child is under the age of 21, your child cannot file a petition for permanent residence on your behalf based on the fact that you have a minor child born in the United States. This is a very common misconception. Your child can only file for your immigration benefits once they reach the age of 21. A child must be at least 18 years old in order to petition for immigration benefits for their siblings, and then the sibling must wait for a visa number to become available based on the visa bulletin. You cannot obtain a green card just by having a US Citizen child. If you are in the United States on a visa you must find another way to remain legally in the United States until the US Citizen child reaches the minimum age or find another way to obtain a green card through employment. Parents of US Citizen children, residing in the United States unlawfully, can obtain cancelation of removal for their parents to shield them from deportation/removal proceedings. In this case the child does not need to be 21 years or older.

For more information about this topic please contact our office.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

In this segment, attorney Ekaterina Powell Esq. from the Law Offices of Jacob J. Sapochnick, answers one of your most frequently asked questions: How can I avoid an H-1B visa denial? For the answer to this question please keep watching. For more information about the H-1B visa please click here.

Overview: 

There are 3 reasons an H-1B visa application is typically denied:

  1. If USCIS believes that the position to be filled is not a ‘specialty occupation’ which typically requires a Bachelor’s Degree or its equivalent;
  2. If USCIS believes the U.S. employer does not need the position within the company;
  3. If USCIS believes the foreign worker does not meet the requisite qualifications for an H-1B visa such as the possession of at least a Bachelor’s Degree or its equivalent;

These denials can be prevented with careful planning when submitting the initial H-1B visa petition, by evaluating the foreign worker’s degree and credentials initially, and explaining the employer’s need for the position with the initial submission.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What options do I have if my H-1B or L-1 visa is denied? For the answer to this question please keep watching. For more information about these visa types, please click here.

Overview: 

Typically, there are two options to rescue a work visa application that has been denied, including an H-1B or L-1 visa petition. Once a work visa petition has been denied, attorneys have 30 days to file either a motion to reopen or appeal the decision based on the facts of the case. Filing a motion to reopen is highly effective in situations where the immigration officer may have overlooked an important fact, misinterpreted the law, or did not consider important factors during the adjudication process. Motions to reopen give attorneys the opportunity to point out important factors that were included in the original petition, that may have been overlooked. Immigration officers are often overburdened by the high volume of applications waiting to be adjudicated, therefore it is not unusual for immigration officers to overlook important aspects of a petition. New evidence cannot be introduced in a motion to reopen. Our attorneys decide which option is the most appropriate on a case by case basis.

For more information please contact our office for a consultation.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

In this segment, attorney Jacob J. Sapochnick discusses the H-1B visa and how the lottery process works. A congressionally mandated cap exists for the H-1B program, limiting the issuance of H-1B visas to 65,000 per year. This is why the H-1B visa is commonly referred to as a ‘lottery’ visa. Individuals holding advanced degrees are exempted from the 65,000 cap. The priority deadline for filing of the H-1B visa is April 1, 2016. For more information about the H-1B visa please click here.

What is the H-1B Program?

The H-1B program was enacted by Congress with the intention of helping American employers seek out distinguished foreign workers who possess the necessary business skills and abilities absent within the American workforce. The provisions of the H-1B program allow qualified foreign workers to attain temporary employment having met specific requirements, while protecting American workers from being negatively affected by the temporary employment of these workers.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

In this segment, attorney Jacob J. Sapochnick discusses the H-1B visa and gives you insider tips on how to file the perfect H-1B visa package. To learn more about the H-1B visa click here. To read our H-1B visa guide please click here.

Overview: 

  • The H-1B nonimmigrant visa petition may be filed starting April 1, 2016;
  • The Labor Condition Application (LCA) can be submitted to the Department of Labor no earlier than six months. Due to this you must include a starting date on the LCA that comes before October 1st, 2016;
  • Regarding US degrees, one must submit proof by way of an official of the school: dean, registrar, etc.;
  • There are regulations that extend the authorized stay of all F-1 students under the Cap Gap exemption;
  • Be very clear with the attorney working on your case as to the kind of position that you will be applying for.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

In this segment, attorney Jacob J. Sapochnick discusses one of our most frequently asked questions: Do I qualify for the H-1B visa? For more information about the H-1B visa please click here.

Overview: 

–Educational or Equivalent Component

In order to qualify the applicant must meet certain educational and/or work related requirements. The applicant must possess a bachelor’s degree, its equivalent, or the necessary work experience to perform the specialty occupation

– Employer/Employee Relationship and Prevailing Wage

To qualify your American employer must sponsor your H-1B visa and be willing to pay you the prevailing wage in order for you to get the visa

– As there are too many people applying, it is very important to apply as early as possible

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For legal advice please contact us.

Capture

Thinking of applying for the H-1B visa? Not sure what qualifies as a specialty occupation? In this segment attorney Jacob J. Sapochnick answers your questions regarding what specialty occupations are permissible for H-1B visa.

The H-1B visa is for professionals who possess either a U.S. master’s or bachelor’s degree, bachelor’s degree equivalency, or work experience necessary to fill a specialty occupation. Normally this requires possession of a degree or evidence that the applicant possesses the relevant experience to fill the position. The H-1B visa allows you to live and work in the United States. The classification also covers your dependents who may live and study in the United States. Even if your job is not considered a common ‘H-1B occupation’ there may be ways for you to obtain it.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For legal advice please contact us.

For more information about the H-1B visa click here.

Capture