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Articles Posted in Work visas

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses an important announcement for medical professionals who have an approved U.S. nonimmigrant, immigrant visa petition, or certificate of eligibility, and are seeking to treat or mitigate the effects of COVID-19.

Keep on watching for more information.

Overview:

The United States government recently announced the urgent need for medical professionals from abroad to combat the rapid spread of the COVID-19 virus. The United States is currently at the epicenter of the COVID-19 pandemic with a record number of cases and a rising number of deaths that has surpassed those of China and Italy.

As a result, the Department of State is encouraging medical professionals from abroad, working to treat or mitigate the effects of COVID-19 , who have either (1) an approved U.S. nonimmigrant or immigrant visa petition (I-129, I-140, or similar) or (2) certificate of eligibility in an approved exchange visitor program (DS-2019), to request a visa appointment at their nearest U.S. Embassy or Consulate.

Please note that this measure applies only to medical professionals with an approved visa.

Although U.S. Embassies and Consulates worldwide have suspended routine visa services, this is one of the few exceptions that medical professionals need to be taking advantage of.


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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.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new H-1B online registration system and everything you need to know if you are applying for an H-1B cap petition in fiscal year 2021.

Overview:

What’s new?

As our blog followers will know, the United States Citizenship and Immigration Services has drastically changed the filing procedure for submitting H-1B cap subject petitions.

Beginning March 1, 2020, before a petitioner can file an H-1B cap-subject petition on behalf of an alien worker, including petitions eligible for the advanced degree exemption, the petitioner must first electronically register with USCIS on the USCIS website.

This electronic registration requirement is absolutely mandatory.

Only petitioners with a valid registration selection will be eligible to file an H-1B petition with USCIS.

The initial registration period for H-1B FY 2021 will open on March 1, 2020 and is expected to close on March 20, 2020. The actual end date will be provided by USCIS very soon on its website. Petitioners must pay a $10 H-1B registration fee per submission. Duplicate registrations are prohibited.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we have some bad news for H1B visa holders, some very very alarming statistics. If you want to know what they are watch this video.

H1B Visas and Rate of Denials

Based on a recent statistic, between 2015 through 2019 there has been a significant increase in H1B visa denials. H1B visa denials have quadrupled in denial rates.

Similarly, the volume of requests for evidence issued to H1B petitioners have increased by 60 percent.

The H-1B season for fiscal year 2021 will bring some important changes. Firstly, USCIS has imposed a new online electronic registration requirement for H1B petitioners to streamline the H1B lottery process.

When we see a quadrupling in the rate of H1B visas denied for strong H1B petitions, it is apparent that the government is trying to send a message, which is that they want to limit the amount of people who can actually file for H1B visas. In the requests for evidence we have received for H1B extensions and transfers, we see a trend in which USCIS is using the most narrow interpretation of what a “specialty occupation,” is which by definition limits the pool of candidates eligible to receive an H1B visa.

We are seeing almost automatic denials for our marketing and business positions because USCIS is being so restrictive in how they interpret and define a “specialty occupation.” USCIS is taking the position that marketing and business positions are not “specialty occupations.”

USCIS has time and time again refused to accept the complexity of these positions, legal arguments in support of a finding that these positions are in fact specialty occupations, and ignored expert opinions supporting such positions as “specialty occupations.”

From what we have seen in our own filings and from conversations we have had with other attorneys and law offices, it is becoming increasingly difficult to get H1B visas approved for positions and occupations are were normally approved without difficulty in the past.

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Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we talk about the different investment visa options available under current law.

E-2 Non-immigrant Visa: Visa through Investment

The first option is the E-2 visa. This is a non-immigrant visa that allows foreign nationals from eligible treaty nations to invest in a new business in the United States. The required investment amount will vary depending on the type of business.

Not every country participates in the E-2 visa program. You must be a national of a treaty nation in order to qualify. For a complete list of qualifying countries please click here.

The amount of time a foreign national may remain in the United States with an E-2 visa depends on the applicant’s country of nationality. The average processing time to receive an E-2 visa is approximately 3 to 5 months. In order successfully obtain an E-2 visa, the applicant must be able to demonstrate the source of funds of the investment, hire employees to work for the business, and the business must be real and operating.

It is important to note that the E-2 visa does not lead to a green card but can be extended.

EB-5 Immigrant Visa Program: Green Card through Investment

The EB-5 Immigrant Visa Program allows you to invest half a million dollars into a regional center government approved project, or a million dollars direct investment in your own project. To qualify, your investment must create at least 10 jobs and the business must be succeeding and growing.

After November 21, 2019, the minimum investment will increase from half a million to $900,000 for investment in a regional center, and from one million to 1.8 million for direct investments.

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Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we cover a very important topic: can people who overstayed their visa or entered illegally, get a work visa or employee sponsorship?

Recently our office met with a client who was in this very predicament. He had the perfect job opportunity from his dream employer and was now interested in knowing how he could obtain a work visa with his employer’s sponsorship. The problem: he entered the country illegally and since entering had no lawful status in the United States.

Here is where we had to deliver the bad news.

The bottom line

A person who has entered illegally or overstayed the duration of their visa, is not eligible to adjust their status to permanent residence. During the employment sponsorship process, the visa applicant must provide information regarding their entry to the United States. Under current immigration law, a person who has entered without inspection cannot adjust their status in the United States, based on employment sponsorship except under one limited exception called 245(i).

What is 245(i)

245(i) is a provision in the law passed under the Legal Immigration Family Equity (LIFE) Act in the year 2000, enabling certain individuals who are unlawfully present in the United States to apply for adjustment of status, despite their unlawful entry.

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En este video, el abogado Jacob Sapochnick explica el proceso para aplicar para la visa TN a base del Tratado de Libre Comercio de America del Norte, de Mexico, y Canada.

Que es la visa TN?

La clasificación no inmigrantes TN permite que los ciudadanos canadienses y mexicanos soliciten entrada temporal a los Estados Unidos para dedicarse a actividades comerciales a nivel profesional. El Tratado de Libre Comercio de América del Norte (NAFTA, por sus siglas en inglés) hace posible la entrada de estos profesionales.

Quien es elegible?

Entre los profesionales que son elegibles para admisión como No Inmigrantes T están los contables, ingenieros, abogados, farmacéuticos, científicos y maestros.  Usted puede ser elegible para obtener el estatus de no inmigrante NT si:

  • Es ciudadano de Canadá o México
  • Su profesión califica bajo la reglamentación
  • El puesto de trabajo en los Estados Unidos requiere un profesional NAFTA
  • Usted tiene un preacuerdo con un empleador estadounidense para un trabajo a tiempo completo o a tiempo parcial (no puede estar empleado por su cuenta – vea a continuación la documentación requerida), y
  • Tiene las calificaciones para practicar su profesión.

Cual es el periodo de estadia?

El periodo inicial de estadia es 3 años. Si usted desea permanecer mas tiempo de el período inicial de estadía sin salir del país, usted debe solicitar una extensión de estadía.

Proceso

Si usted es ciudadano mexicano, debe aplicar para la visa TN directamente en la Embajada o Consulado estadounidense en México.

Una vez se le haya aprobado la visa TN, deberá solicitar admisión en el puerto de entrada estadounidense designado o la estación de registro de pre despacho de aduana/ pre vuelo designada.

Para mas informacion, llámenos para una consulta.

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In this video attorney Jacob Sapochnick shares very exciting news for Israeli citizens. The U.S. Embassy has announced that Israeli citizens are now eligible for the E-2 investor visa. This is very exciting news because Israeli citizens have been waiting for Israel to be added to the E-2 visa program for years.

The U.S. Embassy in Israel has announced that Israeli citizens may begin to apply for the E-2 visa at the Embassy in Tel Aviv beginning May 1st.

The E-2 visa is a temporary (nonimmigrant) visa that can be used to develop, direct, or provide specialized skills to an enterprise in which the owner has invested a substantial amount of capital. With the implementation of this visa, Israeli investors now have the opportunity to invest in the U.S. economy and send qualified employees to the United States. Likewise, U.S. citizens will be eligible to apply for visas to invest in Israel.

To qualify for a Treaty Investor (E-2) visa:  

  • The investment must be substantial and sufficient to ensure the successful operation of the enterprise;
  • The business must be a real operating enterprise;
  • The investor must be traveling to the U.S. to develop and direct the enterprise;
  • If the applicant is not the investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.

Once the Consular Section receives a complete E-2 visa application and reviews the applicant’s documentary evidence, applicants will be invited to schedule a visa interview in Tel Aviv.

During the interview applicants should be prepared to discuss details of the business and investment, the business plan and history, and the investor’s professional experience.

Interested parties should contact our office to schedule a free consultation to determine eligibility.

For more information about the E-2 visa click here.

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In this video attorney Jacob Sapochnick discusses an EB-2 National Interest Waiver success story involving a client who was able to obtain a green card without an employer based on his background as a foreign national with an exceptional ability.

The EB-2 category allows a person to apply for a green card without an employer, as long as certain criteria are met.

* Criteria

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

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The San Diego Immigration Law Offices of Jacob J. Sapochnick welcomes you. Our immigration practice is committed exclusively to the areas of immigration and citizenship law. We have big firm expertise in these specialties, but strive to deliver personalized client services at an economical cost.

Every week we cover different immigration topics on our Youtube channel. Subscribe and hit the notification bell to be notified every time we upload!

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