In this live stream, attorneys Jacob Sapochnick and Marie Puertollano discuss recent topics in immigration including the upcoming H-1B season, changes to the H-1B visa program, U.S. Embassy Updates for China and Russia, I-751, and affirmative asylum updates.
Mandatory Registration Requirement for H-1B Petitioners
Beginning with the H-1B season for FY 2021, all petitioners seeking to file an H-1B cap-subject petition on behalf of a foreign worker will be required to submit to a mandatory registration process. Only those whose registrations are selected, will be eligible to file an H-1B cap-subject petition during the associated filing period.
Each petitioner will be required to electronically register through the USCIS government website. The registration period will last for a minimum period of 14 calendar days and begin at least 14 calendar days before the first day of filing in each fiscal year. USCIS will provide the public with at least 30 days advance notice of the opening of the initial registration period for the upcoming fiscal year via the USCIS website.
In this video attorney Jacob Sapochnick discusses how entrepreneurs come to America.
What are the available visa options for an entrepreneur to launch a startup company?
One of the most common ways to launch a company in the United States is through the O-1A visa. This is a great option for entrepreneurs who have already established their reputation in their home country, have run a successful business abroad, and who wish to bring their unique talents and skills to the United States.
To qualify for an O-1A visa, the entrepreneur must demonstrate that they are exceptionally distinguished in their field or industry. This can be demonstrated by way of sustained recognition in the industry on a national or international level, or awards, titles, honorary distinctions, etc. The entrepreneur must also demonstrate that they have achieved a high level of expertise in their industry
The O-1A visa enables the entrepreneur to come to the United States to work for their own company, or for another company.
Another great option is the L-1A visa. If you are a startup founder and you already have a company in your home country, and you want to launch in the United States, you can set up a subsidiary or an affiliate of your startup in your home country and come to the United States as an executive such as a CEO.
Alternatively, you may wish to apply for the E-2 visa as an investor of the startup company that you wish to launch in the United States. To qualify for this visa type, you must be a national of a foreign country that has a qualifying treaty of friendship, commerce, navigation, or similar agreement with the United States.
In addition, the investment must be made in a real, operating commercial enterprise or active entrepreneurial undertaking productive of some service or commodity. Paper organizations, speculative, or idle investments do not qualify as real operating enterprises or active entrepreneurial undertakings.
If you are a citizen of Mexico or Canada, you can apply for a TN visa and be part of the company that you launch in the United States as an advisor or a higher-level position. The position that the entrepreneur will engage in must be a profession that is approved by NAFTA, and the entrepreneur must meet the qualifications for that position.
The E-1 Treaty Trader visa is a good option for entrepreneurs who wish to work in the technology sector. If you have a patent in your home country or have an idea to invest in the technology sector, and you are starting a company in your home county, you can set up a company in the United States as a founder without investing anything, because of the exchange of trade and technology.
National Interest Waiver
Company founders can apply for a green card by applying for a national interest waiver if you are a highly successful entrepreneur, and you can show the government that your level of innovation is at a high level.
Please visit our website for more information about these different options.
In this video attorney Jacob Sapochnick talks visa options for entrepreneurs.
In this video we cover four visa options that allow foreign entrepreneurs to live and work in the United States. These visa options also allow the foreign entrepreneur to bring his or her dependents to live with them in the United States.
Option #1 L-1 Visa for Executives, Managers, and Essential Employees:
There are two types of visas available under the L-1 category: 1) L-1A Intracompany Transferee Executive or Manager and 2) L-1B Intracompany Transferee Specialized Knowledge.
The L-1A category is a non-immigrant visa classification for aliens seeking to work in the United States in an executive or managerial capacity on an assignment of a temporary nature for a U.S. subsidiary or parent company of their foreign employer.
The L-1A visa classification allows a foreign company to transfer an executive or manager to the U.S. subsidiary or parent company. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company.
L-1B: If the alien is not employed in an executive or managerial capacity, the L-1B visa classification comes into play. To be eligible for the L-1B visa, the petitioner must demonstrate that although the alien is not employed in an executive or managerial capacity with the company, the alien possesses specialized knowledge and can represent the organization’s interests in the United States.
Both the L-1A and L-1B require the beneficiary to have worked abroad for the foreign employer for at least one year within the proceeding three years.
Pro: the L-1 visa leads to a green card
Option #2 E-2 Investor Visa:
The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities. Investment activities include the creation of a new business in the United States or investment in an existing enterprise. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.
By now you know that the H-1B cap has been reached for Fiscal Year 2019. But what happens if you were not selected in the H-1B visa lottery?
In this post, we will discuss some alternatives to the H-1B visa that will allow you to stay and work in the United States.
The O-1 “Extraordinary Ability” Visa:
This visa type is for aliens of extraordinary ability in the sciences, education, business, athletics, motion picture, television, or arts industries who have received national and/or international acclaim in their field. An alien on an O-1 visa may live and work in the United States for a period of up to three years.
An O-1 visa is a great visa for people in the start-up world and technology sector. This visa is for people holding an advanced degree (at least a master’s degree) who have either started their own business, have patented inventions, are leading experts in their fields, and/or have gained notoriety in their fields as evidenced by awards and other national recognitions.
TN Visa for Mexican and Canadian Nationals
The TN visa allows nationals of Mexico and Canada to work in the United States, provided their profession is on the NAFTA list. The maximum period of initial admission to the US is three years, but visa holders may apply for extensions in amounts of one year.
E-3 Visa for Australian Nationals
Similar to the H-1B visa, the E-3 classification allows Australian nationals to travel to the United States to work in a specialty occupation. Applicants must have a bachelor’s degree or its equivalent to qualify and must work in a specialty occupation often associated with the STEM occupational fields. The E-3 visa is issued for an initial period of no more than 2 years, with extensions granted in 2-year increments.
In this video, attorney Jacob J. Sapochnick sits down with international business students studying at INSEAD, a graduate business school in France. Jacob asks them a burning question: Despite all of the obstacles foreign workers face in immigrating to the United States, and the President’s hard-line stance on immigration, are foreign workers still interested in living and working in the United States? Click here to join the conversation.
Why do you want to live and work in the US?From INSEAD 🇫🇷 France
In this video, attorney Jacob J. Sapochnick discusses the most popular visa options for hospitality workers. For more information just keep on watching.
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
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.
In this segment, attorney Jacob J. Sapochnick, discusses what an L-1A visa is, the requirements, and eligibility.
The L-1A visa classification allows a foreign company to transfer an executive or manager to the U.S. subsidiary or parent company. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company. The L-1A requires the beneficiary to have worked abroad for the foreign employer for at least one year within the proceeding three years. The great thing about the L-1A visa is that there is no annual limit on the number of L-1A visas issued, and the L-1A visa is a “dual intent” visa meaning that the applicant may apply for a green card and become a permanent resident without jeopardizing his or her L-1 status.
To read more about the L-1A visa please click here.
In this video, our clients speak about their unique experience with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your free first time consultation.
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.
In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.
Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.
You can express your interest, or schedule an appointment by emailing us at firstname.lastname@example.org. We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.
Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.
Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.
To learn more about our dedicated staff members please click here.