Filed under: Immigration Attorney | Tagged: 2013 immigration law, amnesty, Brian D. Lerner, brian lerner, california immigration attorney, california immigration lawyer, gang of 8, Immigration Attorney, Immigration Bill, Immigration Lawyer, immigration overhaul, Immigration Reform, new immigration law | Leave a comment »
Is Immigration Reform Actually Here?
Question: I heard that immigration reform is coming. Is this true?
Answer: As a framework for reform, this is closer than we’ve come in years to meaningful change.The Senate “Gang of Eight” for introducing its bipartisan immigration reform proposal, allowing the Senate Judiciary Committee to forge ahead on the “markup” process. A proposal like this is a necessary first step in any path forward to create a common-sense immigration system that will meet the needs of the U.S. economy, businesses, and families, and integrate into our society aspiring Americans who work hard and want only a better life for themselves and their families. Therefore, it is not law, but it is a great step forward.
Question: Is it a comprehensive immigration bill?
Answer: It seems to be both enforcement and benefit. It is the biggest immigration bill to come out in nearly 20 years.I In fact, the last big immigration bill was severely anti-immigrant. There was almost nothing to benefit immigrants. This one seems much more balanced. In many ways, the language contained in the 844 page legislation reflects key issues facing immigrants today and is necessary to any successful immigration reform, such as border and interior enforcement, legalization, backlog reduction, asylum, family unification, and both current and future business needs.
Question: Is this immigration bill the perfect solution for the broken immigration system?
Answer: No compromise measure ever is. Is it a good bill? Yes, for the most part it is, and perhaps it is even a great bill in some respects. We do see some further changes that are desirable, and as we delve more deeply into the details, I’m sure we’ll find some needed tweaks. But as a framework for reform, this is closer than we’ve come in years to meaningful change. This bill does not shy away from addressing the difficult issues embedded in current immigration policy. It’s a good start, and I hope that by continuing to work across the aisle, the Senate can pass a bill that will meet our nation’s needs and the House will follow suit.
Question: What do you think finally prompted Congress to make this immigration bill?
Answer: It was a myriad of things and events. However, the past election again of President Obama seems to have finally been the catalyst to move this procedure forward.
Comprehensive immigration reform
Filed under: Immigration Reform | Tagged: Brian D. Lerner, brian lerner, gang of 8, Immigration Attorney, Immigration Lawyer, Immigration Reform | 2 Comments »
Ways to bring RN’s into the U.S.
Question: I am a Registered Nurse and I don’t know how to come into the U.S. Can you help?
Answer: Primarily, the best way to come into the United States as a Registered Nurse is through the normal I-140 Schedule A process. This is whereby an RN submits everything necessary to eventually obtain residency.
Question: How long does it take?
Answer: It is now taking years for the visa number to become current. It is unfortunate, but it is taking much longer than in prior years. Professional nurses and physical therapists who are in the United States and eligible to file for adjustment of status are able to file their I-485 and ancillary applications concurrently with the I-140 immigrant visa petition as long as their priority date is current. The priority date for a professional nurse or a physical therapist is established when a complete I-140 immigrant visa petition is received by the USCIS service center. Unfortunately, professional nurses in jobs that require only two years of nursing training fall under the third preference category for Skilled Workers. This three– to seven-year visa retrogression has exacerbated the immediate need for qualified registered nurses nationwide.
Question: Can a Registered Nurse come into the United States on an H-1B?
Answer: Most foreign nurses do not qualify for an H-1B visa unless they are certified advanced practice registered nurses (APRN) or upper-level nurse managers
Question: Are there other types of temporary visas that Registered Nurses can come into the United States?
Answer: The Treaty NAFTA (TN) visa remains an option for Canadian and Mexican citizens. Many people have immigrated previously to Canada to become nurses and still want to come to the United States. After they become a Canadian Citizen, they can certainly take advantage of the TN Visa.
Question: What is needed in the I-140 application for an RN to apply for residency?
Answer: (1) Form I-140 Immigrant Petition for Alien Worker, along with evidence that the petitioning employer has the financial ability to pay the salary offered; (2) PERM Labor Certification Application Form ETA 9089 in duplicate; (3) Prevailing wage determination; (4) Posting notice; (5) Proof that the alien applicant possesses all the qualifications necessary to take the licensing examination; and (6) Degree, diploma and transcript.
Question: What is the Visa Screen?
Answer: The VisaScreen certificate verifies that the foreign health care worker’s education, training, licensing, experience, and English competency are comparable to American health care workers. VisaScreen Certificates must be presented at the I-485 stage for applicants in the United States or at the consular interview for candidates who immigrant visa process at a U.S. consular post abroad.
Filed under: Immigration Attorney | Tagged: h-1c, h1c, Immigration Attorney, Nurses, Registered Nurse, rn | Leave a comment »
Immigration Lawyer Brian Lerner can prepare any type of immigration petition. As an experienced 20 year Immigration Lawyer, he can represent you in removal proceedings, prepare adjustments, visa petitions, appeals and waivers.
California immigration lawyer can help
Filed under: Immigration Attorney | Tagged: Immigration, Immigration Attorney, Immigration Judges, Immigration Law, Immigration Lawyer | 3 Comments »
As a Los Angeles Immigration Lawyer who is a certified specialist in Immigration and Nationality Law, my firm handles every type of immigration case from deportation cases from all over the United States to visas, interviews, processes, appeals, waivers, DACA, Petitions for Review. It is critical that you get an expert Los Angeles Immigration Lawyer to represent you with your immigration problems.
Specifically, as a Los Angeles Immigration Lawyer, we do business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all areas of immigration, H-1B Specialty Occupation, L-1 Intracompany Transferee, E-2 Treaty Investor, O-1 Extraordinary Ability among others. We also do K-1 Fiancee and K-3 Spouse Visas. We represent people in people in deportation and removal hearings, including political asylum, withholding of removal, and convention against torture cases.
While being a Los Angeles Immigration Lawyer allows people who are local to Los Angeles to come personally into my office, I have clients from all over the United States and in several countries around the world. As a Los Angeles Immigration Lawyer, I can give consultations via Skype and Facebook. In fact, I have and do call people all over the world to let them know how they can legally get into the United States or how to get back to the United States. Therefore, don’t let the fact that I am located in the Los Angeles area and that I am a Los Angeles Immigration Lawyer deter you from calling or emailing my office to get a free 10 minute consultation.
I have been a Los Angeles Immigration Lawyer for nearly 2 decades and have experience on every area of Immigration Law. If you have a difficult case that other Immigration Lawyers do not know what to do I will give a free consultation.
Best immigration lawyer near me
Filed under: Immigration Attorney | Tagged: Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, los angeles immigration attorney, los angeles immigration lawyer | 1 Comment »
Question: Hello Attorney Lerner. I understand that you have an office in San Bernardino County and are one of the few Inland Empire Immigration Lawyers. What city is your office located?
Answer: My office in the Inland Empire is located in Upland, California. The direct number is (909) 632-1249. I have been an Inland Empire Immigration Lawyer for years. In fact, I have been practicing Immigration Law for nearly 20 years. That is two decades of helping people with immigration problems.
Question: As an Inland Empire Immigration Lawyer, what types of immigration problems do you assist for clients in the Inland Empire?
Answer: I help with all types of immigration problems, ranging from representation in Immigration Court for Removal Proceedings, to preparing and submitting Adjustment of Status, Waivers, Pardons, Appeals, Work Permits, Naturalization and Citizenship Applications, Consulate Processing, Criminal Relief and many other types of help for persons in this county (as well as all over California.)
I have offices also in Los Angeles and Long Beach. Therefore, should any client need to have a consultation with me, they can go to any of my offices.
Question: What makes you qualified as an Inland Empire Immigration Lawyer?
Answer: Regarding Immigration Law, in 2000, I passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. This takes years of experience to even attempt to take the test. Many of the people who need my help in the Inland Empire, have interviews for adjustment of status or naturalization or have been called for supervised release interviews. I can help with all of these matters as an Inland Empire Immigration Attorney.
Question: Why should people of the inland empire and San Bernardino County use you as their Inland Empire Immigration Lawyer?
Answer: Immigration Law is changing all the time. This area of law is very complicated and there is absolutely no way to become an expert in this area of law unless you have years of experience and do this area of law as the primary practice of law. There are so many places in Immigration Law that a box not checked or a procedure not properly done can completely ruin an immigration case, that you do not want to leave such an important matter to anyone else than an expert Inland Empire Immigration Lawyer.
Employment based Immigration Attorney
Filed under: Immigration Attorney | Tagged: Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, inland empire immigration attorney, inland empire immigration lawyer | Leave a comment »
H-1B’s are almost ready to be filed. Don’t wait.
Question: I heard that H-1B’s are about to be able to be filed. What can I do?
Answer: First, April 1, 2013, the doors open again and new H-1B’s can be filed. It does take time to prepare a quality H-1B, so time is of the essence and you should either get started right away and start getting a sponsor right away.
Question: What exactly do I need for the 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; and 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: What do I need to accept a job offer for an 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.
Question: Is a Labor Condition Application required?
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: Must I establish an employer-employee relationship?
Answer: The H-1B regulations currently require that a United States employer establish that it has an employer-employee relationship with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including: establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation; demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.
Filed under: H-1B | Tagged: Brian D. Lerner, brian lerner, H-1B, h-1b petition, h1b, Immigration Attorney, Immigration Lawyer, work petition, Work Visa | 3 Comments »
AOS (I-130 and I-485) granted for couple married for about 1 year, with no children and very very little joint documents.
Getting the Green card through marriage
Filed under: green card through marriage | Tagged: adjust status, adjustment, Adjustment of Status, AOS, Green Card, green card through marriage, green cards, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presenc, renew green card, review Brian D. Lerner, review Brian Lerner, USCIS inventory of Employment-based AOS cases pending at the Service Centers and Field Offices, win | Leave a comment »
N-400 denied because Client supposedly did not submit certain convictions documents requested in an RFE. Client had a mail fraud and a DV conviction. However, the requested documents did not exist and the convictions were well outside the statutory period for good moral character. Nevertheless, N-400 was denied. N-336 was timely filed and USCIS issued another RFE. Documents were submitted and N-336 granted.
Learn about citizenship and naturalization
Filed under: Naturalization | Tagged: application for naturalization, Brian D. Lerner, brian lerner, Immigration Attorney, Naturalization, naturalization certificate, naturalization during hostilities, naturalization fee increase, Naturalized | 2 Comments »
AOS granted for Client with over 10 convictions.
Filed under: Immigration Attorney | Tagged: Brian D. Lerner, brian lerner, california immigration attorney, Immigration Attorney, Immigration Lawyer, immigration win, Law Offices of Brian D. Lerner, win | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 