Articles Posted in Entrepreneurs

Welcome back to the Immigration Lawyer Blog! It’s the start of a brand-new year and as always, we at the Law Offices of Jacob J. Sapochnick, are committed to bringing you the latest in immigration news. We are happy for you to join us.

In this video, attorney Jacob Sapochnick shares his top predictions for U.S. immigration in the new year. In this blog post we cover the following topics: What will happen to visa processing during the COVID-19 pandemic? Will there be immigration reform in the new year? Will any new changes be made to the H-1B visa program? What about fee increases? Stay tuned to find out more.


Overview


What are some of our key immigration law predictions for the upcoming year?


Increase in Filing Fees for USCIS petitions and DOS Non-Immigrant Visa Fees


Our first prediction for the new year is an increase in filing fees at both the USCIS and Department of State levels, to help increase government resources during the ongoing COVID-19 pandemic. As you might recall, back in October of 2020, USCIS attempted to increase its filing fees to meet its operational costs. Among the petitions that were to be the most impacted were N-400 applications for naturalization, L visa petitions, O visa petitions, and petitions for qualifying family members of U-1 nonimmigrants.

Fortunately, in September of 2020, a federal court struck down the planned USCIS increase in fees arguing that the new fee increases would adversely impact vulnerable and low-income applicants, especially those seeking humanitarian protections.

We believe that early in the new year USCIS will again publish a rule in the Federal Register seeking to increase its fees to help keep the agency afloat. USCIS previously insisted that the additional fees were necessary to increase the number of personnel at its facilities to meet the increasing demand for adjudication of certain types of petitions. It is no secret that USCIS has experienced severe revenue shortfalls since the start of the pandemic as more and more families found it difficult to afford filing fees. Once those details have been made public we will provide more information right here on our blog and on our YouTube channel.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers your frequently asked questions regarding the Employment-Based First Preference immigrant visa category also known as EB-1A, reserved for individuals of extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. In this video, we talk about some of the major advantages of the EB-1 visa category including the direct path to permanent residency it offers without the need for sponsorship by a U.S. employer or qualifying family petition.

Want to know more? Just keep on watching.


EB-1A Frequently Asked Questions


Q: Who Qualifies for the EB-1A visa category.


The EB-1 visa is an immigrant visa category, that allows foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics to obtain permanent residency in the United States. The foreign national’s extraordinary ability must be shown through documentation evidencing sustained national or international acclaim by recognition in his or her field. Applicants who are successful are those that are at the top of their field and are known as individuals of extraordinary ability in their industry.

The general criteria are as follows:

#1: The person has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation.

#2: The person seeks to enter the United States to continue work in the area of extraordinary ability.

#3: The person’s entry into the United States will substantially benefit the United States in the future.


Q: How does USCIS define extraordinary ability?


USCIS defines a person of extraordinary as one of that small percentage of individuals who has risen to the very top of his or her field of endeavor, and that has sustained national or international acclaim. An individual’s extraordinary ability is demonstrated by providing documentation that supports the applicant’s claim of achievements and recognition in their field. Examples of documentation that is typically provided to support an EB-1A application includes evidence of a one-time achievement (major internationally recognized award) or at least 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field of endeavor
  • Evidence of membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media (typically provided by scientists or researchers)
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Letters of recommendation from recognized experts in the field
  • Evidence of major grants, patents, or intellectual property awarded to the applicant

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: can a TikTok star or social media influencer apply for a U.S. Visa?

Keep on watching to find out more.


Overview


TikTok has quickly become one of the most popular social media platforms in the world, with many finding success by attracting the attention of thousands and even millions of the site’s visitors. This has led many successful social media personalities to ask: Is it possible to work in the United States as a social media influencer? What are the steps involved? What type of U.S. visa is right for me and what are the requirements?

The reality is that the U.S. immigration system is extremely outdated with most visa categories passed by statute in the early 1990’s. As a result, there is no designated visa classification for social media influencers per se. Luckily, the O-1B visa category for individuals of extraordinary ability or achievement in the arts, is flexible enough to apply to social media influencers who have received employment opportunities to collaborate with brands in the United States.

As more and more U.S. companies have come to rely on social media influencers to elevate their brand and market their products and services, immigration has come to recognize the importance of their contributions to the U.S. economy, and has increasingly allowed social media influencers to demonstrate their extraordinary ability by way of the O-1B visa.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick informs you of an exciting new court decision handed down by a federal judge from the Northern District of California. This new court decision immediately vacates the 2019 Modernization Rules passed under the Trump administration. As our readers will be aware, the 2019 Rules sought to raise the minimum investment amount for EB-5 investors from $500,000 to $900,000, narrowing the pool of applicants able to apply for a green card. The good news is that this new ruling reinstates the original rules governing the EB-5 visa program and reverts the minimum investment amount back to $500,000.

In addition to this exciting news, Jacob discusses further updates regarding immigration reform bills before Congress, pending litigation against the State Department, and more!

Want to know more? Keep on watching for all the details.


Overview


New Court Ruling Reinstates $500,000 Minimum Investment Amount for the EB-5 Immigrant Investor Program

We are happy to announce that thanks to a new landmark court decision, known as matter of Behring Regional Center LLC V. Chad Wolf et al. EB-5 Immigrant Investors will now have the opportunity to invest a minimum amount of $500,000 in an EB-5 project within a geographic area, considered a Targeted Employment Area. On June 22nd Federal Judge Corley announced in a court ruling that the 2019 Modernization Rule passed under the Trump administration would be vacated immediately, considering that the former acting DHS Secretary, Kevin McAleenan was not properly appointed to his position under the Federal Vacancies Reform Act when he implemented the 2019 Modernization Rule. As a result, Mc Aleenan did not have the authority to issue the rule, and it has now been declared invalid under the eyes of the law.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick gives you the most recent updates in the world of immigration including important information about the continuation of the International Entrepreneur Parole Program, the Department of Homeland Security’s recent decision to withdraw a biometrics rule that would have required biometrics to be taken for every applicant, the current status of interview waivers being granted during the COVID-19 pandemic, and finally new policy guidance issued by USCIS that provides deference to previous decisions for those filing extension requests with the agency.

Want to know more? Keep on watching.


Overview


The Continuation of the International Entrepreneur Parole Program

Today, May 10, 2021, the United States Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) will be withdrawing a notice of proposed rulemaking first initiated under the Trump administration, which sought to terminate the International Entrepreneur Parole Program, a program first proposed by President Obama to facilitate the immigration of foreign entrepreneurs to the United States.

The proposed rule, “Removal of International Entrepreneur Parole Program,” was first issued by the Trump administration on May 29, 2018, shortly after President Trump signed Executive Order 13767 “Border Security and Immigration Enforcement Improvements,” into law. The proposed rule was masterminded by the Trump administration to ultimately delay the planned implementation of the program on July 17, 2017, with the goal of eventually dismantling it altogether.

To hinder the implementation of the program, with the passage of Executive Order 13767, former President Trump narrowed the pool of applicants who could become eligible for “parole,” and directed federal agencies to “ensure that parole authority under section 212(d)(5) of the INA is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances when an individual demonstrates urgent humanitarian reasons, or a significant public benefit derived from such parole.”

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video attorney Jacob Sapochnick provides an important update regarding upcoming changes to the H-1B lottery program for cap-subject petitions.

Want to know more? Keep on watching for more information.


Overview


We have big news regarding new changes to the H-1B visa lottery program. On January 8, 2021, the Department of Homeland Security (DHS) published a final rule in the federal register entitled, “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” which will completely change the selection process for cap-subject H-1B petitions (for both regular cap and the advanced degree exemption) beginning March 9, 2021.

The purpose of the final rule is to modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to ensure H-1B visas are awarded only to the most highly skilled foreign workers according to a new wage level selection process.

It is important to note that these new changes will impact the upcoming H-1B FY 2022 visa registration cycle for cap-subject petitions, which begins in March. Transfer applications and renewals will not be impacted by this new rule.

According to the new rule, USCIS will no longer follow the randomized computer-generated selection process and will instead rely on a wage ranking system to select necessary registrations each fiscal year.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: how can I apply for an E-2 investor visa despite the ongoing Coronavirus pandemic and suspension of routine visa services at Consulates and Embassies worldwide.

Want to know more? Keep on watching for more information.


Overview

More and more our office is receiving inquiries from prospective E-2 visa applicants who are stuck in the application process due to the ongoing Coronavirus pandemic.


First, what are the requirements for an E-2 visa?

The E-2 visa is a treaty trader investor visa that allows foreign investors from select countries to invest in an existing or new business enterprise in the United States.

Requirements:

  • The investor, either a person, partnership or corporate entity, must be a citizen of a treaty trade/investment country
  • You must have invested or be in the process of investing in the business and show the path of funds for the investment from your home country to the US account
  • The investment must come from the investor and the money must be “at risk,” meaning that the investor must take action to invest the money into equipment, renting the business premises, and other such investment activities
  • You must actually start the business and hire workers before applying for the E-2 visa
  • You must be in a position to direct the business with your experience and/or skills and be involved in the management or operation of the business. You cannot be a passive investor
  • There is no set investment amount required however the investment must be sufficient to start the particular business (this amount will vary depending on the type of business enterprise)
  • The business cannot be marginal –the business should not be established solely for the purpose of earning a living for the applicant and his or her family.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides new updates regarding previously planned furloughs by the United States Citizenship Immigration Services (USCIS) as well as the expansion of interview waiver eligibility for certain visa applications at United States Embassies and Consulates Worldwide.

For more information on these important topics please keep on watching.


Overview


USCIS Cancels Planned Furloughs

We have great news for our readers. Recently, USCIS announced that it will cancel the agency’s planned furlough of more than 13,000 employees, which was scheduled to take place on August 30, 2020, to help the agency meet its budget quotas and ensure operational capacity.

On August 25th USCIS made the announcement stating that as of now the agency is able to maintain its operations through the end of fiscal year 2020.

What does this mean for applicants?

While the cancellation of these planned furloughs is certainly good news for the American workforce, USCIS has made clear that delays will continue for the foreseeable future, including an increase in backlogs and wait times across the board. USCIS has specifically stated that there is no guarantee that the agency can avoid future furloughs. The only mechanism that will safeguard operations is additional funding from Congress to help the agency meet its operational costs through fiscal year 2021

According to USCIS, the agency has cut costs by reducing the need to work with outside contractors who have in the past assisted USCIS adjudicators to process and prepare case files, and provide support to the agency. Of course, without this additional assistance, delays will continue to be expected.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses an important announcement made by the United States Citizenship and Immigration Services (USCIS) on July 31, 2020 regarding new increases in immigration filing fees for certain applications and petitions.

Stay tuned for more information.


Overview


What is the new announcement about?

USCIS recently announced that the agency will be increasing filing fees for certain applications and petitions in order to meet its operational costs. As many of you are aware, USCIS has been facing a serious financial crisis as a result of the Coronavirus pandemic. The substantial loss of revenue the agency has experienced has forced the agency to resort to a hike in filing fees that will be enforced beginning October 2nd.

Shortly after its announcement regarding the fee increases, USCIS published a final rule in the Federal Register explaining that the price increases are “ intended to ensure that USCIS has the resources it needs to provide adequate service to applicants and petitioners.”

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new H-1B mandatory electronic registration system and what to expect after the mandatory registration period has closed. Keep watching for more information.

Overview:

As you know H-1B season FY 2021 is now in full swing. The new mandatory H-1B electronic registration system opened March 1, 2020 and will remain open until noon ET March 20, 2020.

Since the implementation of this new system our clients have been asking whether the system is working, whether there have been any glitches, and whether we have encountered any problems with the registration process.

So, what has happened since the system opened?

Unfortunately, during the first few days the system was open, our office encountered a few problems while registering our clients. The main problem was that the online system was locking us out and preventing us from completing our client’s registrations. Due to this, our office had to set up multiple accounts to prevent the system from locking us out in order to successfully complete the registrations.

Secondly, when registering in the system a code is supposed to be populated that is emailed to the employer for the purpose of verifying the information provided during the registration process. Our office experienced numerous problems retrieving this code, and in other cases the code provided by the system did not work altogether.

Continue reading