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Immigration restrictions are hurting the ballroom dancing business.

 With a shortage of U.S. ballroom dancers to work as instructors, studios have looked overseas. Tightened immigration restrictions, however, have made this more difficult. Redundant evidence requests and backlogs have lengthened the amount of time it takes to bring a hired dancer to the U.S., and even after approval, some are seeing their new dancers be detained at the airport and denied entry. There is demand for these workers, who would generally receive O-1 visas, indicating extraordinary ability in their field. Yet they are unsure what more they can do to show they should be granted a visa. The Department of State reported that there has been no policy change for O-1 visas

There are lots of options for Work Visas

 

work visa lawyer

In order to get the best iwork visa lawyer, you need to do your research. Keep in mind that the work visa lawyer will have clients all over the United States and not just locally or in the State upon which you are located. Immigration Law if Federal Law, and therefore, the best work visa lawyer can practice anywhere. This means that the work visa lawyer can do an H-1B, or O-1, or PERM, or E-2, or E-1 or EB-5 Petition in California or Texas or New York or Montana or anywhere that you have an immigration problem. This does not mean to say that there are not different arguments and applications of the law in different locations. However, the work visa lawyer will know how to properly apply and argue these laws. For example, if you happen to be in California, this would be the in the jurisdiction of the  ninth circuit. However, if you lived in Texas, you would be in the jurisdiction of the 5th circuit. The different circuits will apply the laws differently in certain situations. It will be incumbent among the best immigration attorney to know and research the law in that particular jurisdiction. It is quite possible that the work visa lawyer will not be in the jurisdiction you are currently living. This is because many times, work visa lawyers that do not do immigration law full-time and for many years will simply do relatively adjustment applications or consulate processing. However, the reality is that immigration law is much more difficult than this and the work visa lawyer will have prepared hundreds if not thousands of immigration petitions, applications, and other types of relief for the client so that there is a reasonable chance of success. Just because the law is applied differently in a particular circuit is no reason to fear. The work visa lawyer will have an immigration law library at his  or her fingertips and will have years of experience in researching the statutes, regulations and Immigration and Nationality Act.  Many times with removal / deportation hearings, the work visa lawyer will be able to telephonically appear so that the client will not have to incur paying the expense of the best immigration attorney to travel. Although, it is likely that during the merits hearing, that the work visa lawyer will have to travel and be there in person. Keep in mind that we are not just talking about a simple trial whereby if you lose, you will have to pay some money. This is your life we are talking about. If you lose, you could be deported and never able to come back to the U.S.

 

Watch a video on getting the work visa lawyer

 

Alternatively, if you want to come into the U.S. on some type of H-1B or O-1 or other type of visa, you also need to get the work visa lawyer. U.S. Consulates could care less if you live in Nebraska, Idaho or California or New York. They will see the same thing and they must issue the visa. This is all the more reason to make sure that you hire the best immigration attorney to help you. Unlike other countries that are easy to immigration, the U.S. is the opposite. The officials cannot be bribed indicates the Law Offices of Brian D. Lerner, APC. The work visa lawyer will not tell you that they ‘know’ somebody on the inside to help. Rather, the work visa lawyer will meticulously prepare the petition and will review and edit the petition until it is the best possible petition that can be filed. Otherwise, you are not being properly represented. It is not the speed of the petition that counts. Rather, the work visa lawyerwill prepare the petition or application in a manner that will give you the best chance of success. If that takes longer than you would like, then that is only of secondary importance. What is the use of filing a petition because you want it to be filed asap if it just gets denied. Rather, if it gets filed after the work visa lawyer has prepared it to the best possible condition it can be in, and it has a much higher chance of success, then why not wait just a little bit longer.

 

Keep in mind that the work visa lawyer has lots of items and knowledge to be able to help you. During the consultation, let him or her interrupt you and ask questions. What you might deem is critically important may have no importance at all and might not help with the immigration case. Let the best immigration attorney get to the crux of the issue and determine what is absolute best for you to be able to succeed. That is the bottom line and that is what the best immigration attorney wants. He or she does not want to get a denial and only wants to help you. Also, keep in mind that sometimes the work visa lawyer knows that there might be a denial on the first try and knows that only with an appeal with there be a realistic chance of success. Just make sure that when you have an immigration problem that need help from an attorney, be sure to hire only the best work visa lawyer.

Can’t get the H-1B? Try the O-1.

Can’t get an H-1B? Try the O-1.

The O-1: An alternative to the H-1B.

Question: I have years of experience, but cannot get an H-1B as they are used up. Are there any alternatives to the H-1B?

Answer: There is the option of the O-1. I normally do not used this as a first resort, but it most definitely is an option The O nonimmigrant visa is for people of “extraordinary ability.” The regulations also provide for O-2 visas for supporting workers. Eligibility for O visas is based on nonacademic achievements. There are no numerical limits on the O visas issuable each year and O petitions may be valid for up to three years, with extensions in one-year increments.

Question: What are the procedures for O-1 Visas?

Answer: An application for an O visa requires a U.S. employer to file a petition with a U.S. Citizenship and Immigration Services (USCIS) service center on Form I-129, with an O supplement, a “consultation,” an employment contract or letter describing the activities to be performed, documents proving the foreign national’s career achievements, and the filing fee. An itinerary is required for services to be performed in numerous locations. If the beneficiary will work concurrently for more than one employer, each employer must file a separate petition.

Question: Can I self-petition for the O-1?

Answer: A foreign national cannot self-petition for an O-1 visa. A U.S. employer is required. USCIS regulations permit an “agent” to act as an employer to sponsor the foreign national. The petition must be accompanied by a summary of the employment agreement’s terms (i.e., a letter from the petitioner). A Notice of Action (Form I-797) approving the petition is issued by the USCIS service center.

A foreign national outside the United States submits the approval notice to an American consulate with Form DS-160 5 (or DS-156 and, if necessary, DS-157 and/or DS-158), and the visa fee. If in legal status in the United States, the foreign national, at the time of filing the petition, may apply for change of status using Form I-129.

Question: What are the advatages of the O-1?

Answer: When a foreign worker does not qualify for an H-1B visa because he or she lacks a college degree or equivalent work experience, the job is not a specialty occupation, the salary is below the prevailing wage, or an H-1B visa number is not available, the O-1 visa may be a viable alternative. For example, a violin maker’s occupation is not an H-1B specialty occupation, as it does not require a degree. A violin maker of extraordinary ability, however, may be able to obtain an O-1 visa. Similarly, a chemist with a Ph.D., patents, and publications may be granted an O-1 visa when H-1B visas are not available. A foreign national who has exhausted the time permitted in H or L status may apply to change status to O-1 to remain working in the United States. Further, J-1 visa holders subject to the two-year foreign-residency rule under Immigration and Nationality Act (INA) §212(e) may be able to obtain an O-1 visa, which is exempt from INA §212(e) restrictions.

Question: What do you have to show to get an O-1 Visa?

Answer: There are several items that must be shown, but all of the following is not necessary. However, you should be able to provide at least three that are on the list:
(1) Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor; (2) Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; (3) Published material in professional or major trade publications or major media about the alien, relating to the alien’s work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation; (4) Evidence of the alien’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought; (5) Evidence of the alien’s original scientific, scholarly, or business-related contributions of major significance in the field; (6) Evidence of the alien’s authorship of scholarly articles in the field, in professional journals, or other major media; (7) Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; and (8) Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

Thus, it is not easy to get an O-1, but is a very viable alternative to the H-1B and is always available.

All H-1B’s used up? Get the O-1 work permit petition.

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