Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

http://ping.fm/RQihD

Filed under: Immigration Attorney | Leave a comment »

http://ping.fm/xczL3
Coffee talk with Immigration Attorney Brian D. Lerner, A Professional Corporation on Immigration and Naturalization Law and specifics on how you can find solutions to immigration problems, visas, work-permits, deportation and other areas of immigration law. Find out about the H-1B Specialty Occupation Work Visa. Immigration Lawyer Brian D. Lerner explains this area of immigration law so that it is clear and in normal and plain English. The Law Offices of Brian D. Lerner is happy to give you a free 10 minute consultation at http://ping.fm/AIbIU Additionally, call us at 562-495-0554 or send a Skype to ‘briandlerner’.
H-1b,h1b,specialty occupation work visa,work visa,Los angeles immigration attorney,immigration lawyer,brian d. lerner,law offices of brian d. lerner, los angeles immigration, california immigration, deportation attorney, deportation lawyer,brian lerner,eimmigration.org,californiaimmigration.us

Can I get an H-1B finally?

Question: I have an employer willing to sponsor me. What is a ‘specialty occupation’ and can I get an H-1B?

Answer: The job must meet one of the following criteria to qualify as a specialty occupation:
Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position. The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree. The employer normally requires a degree or its equivalent for the position. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Question: How must I qualify for the H-1B?

Answer: For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria: Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university. Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment. Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty. Of course this last option would be used only when there is no B.S degree.

Question: Must I file the Labor Condition Application?

Answer: Yes. The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.

Question: Is there a limit on H-1B’s per year?

Answer: Yes, there are only 65,000 for regular H-1B’s and 20,000 for advanced degree H-1B’s. U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2013 cap. The agency began accepting these petitions on April 2, 2012.

USCIS has received approximately 17,400 H-1B petitions counting toward the 65,000 cap, and approximately 8,200 petitions toward the 20,000 cap exemption for individuals with advanced degrees.

USCIS will provide regular updates on the processing of FY 2013 H-1B petitions. These updates and helpful filing information can be found at USCIS’s website highlighting the H-1B program. Should USCIS receive the number of petitions needed to meet the cap, it will issue an update advising the public that the FY 2013 H-1B cap has been met as of a certain date, known as the “final receipt date.” The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.

If necessary, USCIS may randomly select the number of petitions received on the final receipt date that will be considered for final inclusion within the cap. The agency will reject petitions subject to the cap that are not selected, as well as those received after the final receipt date. Whether a petition is received by the final receipt date will be based on the date USCIS physically receives the properly filed petition, not the date that the petition is postmarked.

Cases for premium processing (faster processing of certain employment-based petitions and applications) of H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 9. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed petition is physically received at the correct USCIS Service Center.

Meanwhile, petitions filed by employers who are exempt from the cap, as well as petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years, will not count toward the cap.

U.S.businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. Such workers include scientists, engineers, and computer programmers, among others.

The bottom line is to get your H-1B filed right away so you are included in this years cap.

Filed under: Immigration Attorney | 2 Comments »

http://ping.fm/9Fzrw

Filed under: Immigration Attorney | Leave a comment »

How can I save 15 years of waiting for my Green Card? – YouTube http://ping.fm/s0EL3

Filed under: Immigration Attorney | Leave a comment »

Doing a Motion to Reopen to avoid a Deportation – YouTube http://ping.fm/DSvPU

Filed under: Immigration Attorney | Leave a comment »

Geting out of Deportation on the Federal First Offenders Act – YouTube http://ping.fm/JxqyG

Filed under: Immigration Attorney | Leave a comment »

What is Recruitment in PERM?

Question: I have been sponsored for the PERM. I’m not sure what must be done with the recruitment. Can you specify. What exactly is recruitment?

Answer: Recruitment is necessary in order to submit the PERM electronically. It shows that you advertised for the position in question.

Question: What is the SWA?

Answer: This means State Enforcement work Agency. This would be listed where you must file a posting at your State Recruitment Agency prior to filing the PERM. This is where the State will actually put the job on their job board and forward any resumes received.

Question: What is the job posting?

Answer: It is required that you post the job in your place of business in a conspicuous place for at least 10 days.

Question: What must I do if I have a professional degree?

Answer: If the job itself requires the professional degree (one above a B.S. degree), then you can use one of the professional written journals (not on the internet), to advertise in lieu of one Sunday Advertisement. It must be a professional journal that is normal for that industry.

Question: What must be posted at the SWA?

Answer: There must be a job posting at the SWA and it must include the job description and most importantly the prevailing wage.

Question: Can I file a PERM right after the SWA Posting?

Answer: The PERM cannot be filed until there has been a SWA Posting for 30 days.

Question: Do I need to advertise in the newspaper?

Answer: It is necessary that you advertise in the newspaper of general circulation for 2 Sundays.

Question: Is the advertising different for a Professional Occupation?

Answer: Yes. It requires more work and there are more regulations. It must be done as a professional if under Appendix A to the PERM regulations and has a code of 1 or 2.

Question: Is there a deadline to submit the PERM after the recruitment is complete?

Answer: Yes. You must submit the PERM within 180 day of the adverting and recruitment process.

Question: Other than the mandatory requirements, are there other requirements to Recruit?

Answer: Yes and you must choose 3 of the following: Job fairs;Employer’s website; Job search website other than the employer’s—The job search website criteria cannot be satisfied by submission to an electronic national job bank if the SWA’s typical placement procedure is to put the ad in the cite. This criteria, however, is satisfied where private newspaper ad placement automatically includes placement in electronic job search website.On-campus recruiting;Trade or professional organizations; Private employment firms; Employee referral program with incentives; Campus placement offices;
Local and ethnic newspapers;or Radio and television advertisements.

Filed under: Immigration Attorney | Leave a comment »