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H-1B season about to begin

USCIS announced that it will begin accepting H-1B petitions subject to the FY2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY2018 cap will be rejected. In preparation for the FY2018 H-1B nonimmigrant visa cap season,

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.

The H-1B is almost here!

H-1B’s are Almost Here. Don’t Wait!

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.

Can I get an H-1B finally?

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.

Waiting for years outside the U.S. Is not necessary

Do I have to wait for years to come to the U.S.?

Question: I have been waiting for many years to come to the United States from a petition from my sister. It has been 14 years. Must I still wait?

Answer: Actually, it takes even more years to do this. The visa number must be current and there is no way to speed this process up. However, there are different petitions where they do not have to wait for the visa number as they are not required to be on the visa waiting list to be able to come into the United States.

Question: What types of petitions are these?

Answer: Battered spouses/children; Returning resident aliens; Certain former U.S. Citizens; Qualifying ministers of religion and religious workers; and Certain widows and widowers of U.S. citizens.

Question: Can I have more than 1 petition go through at a time, or must I wait for my petition from my sister to become current.

Answer: You can have as many petitions as you like. It is like two horses going around the track. The first one to the finish line wins. Thus, for example, if you have a church that will petition you for the special immigrant religious petition, by all means try to get it.

Question: So which petition are on the visa waiting chart?

Answer: The basic category includes Family-based preference immigrants; Employment-based preference immigrants; Diversity immigrants; and Family unity immigrants.

Question: What about temporary visas? Can I come in temporarily while waiting?

Answer: Most of the time, the answer would be no. However, there is what is known as the H-1B work visa which allows both immigrant processing and the H-1B to go forward at exactly the same time. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Once filed, this petition only takes about 6 months to process.

Another type of petition for a non-immigrant visa would be the L-1. An L-1 Visa is one of the nicest working visas as it allows you to run your own business or a business owned by the foreign company. If you have your own business outside the U.S. and have been working there for at least one year, you can come to the U.S. on the L-1 Visa.

Additionally, your spouse and unmarried children under 21 years old can come as beneficiaries to your approved L-2. Your children will be able to go to school in the U.S. without having to get a separate student visa (as long as they are not in college.). A great deal of the success of the L-1 Petition is how it is prepared. Unlike other investment related visas, the investment in the U.S. business could be as low as $10,000U.S.  

Thus, there are several ways to avoid the multiple years of waiting outside the U.S.

Can my Husband sponsor my Brother to work in his Company?

Can my husband sponsor my brother to came to work in his company in USA? – Avvo.com http://ping.fm/4jhud

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