Articles Posted in Employment Based Immigration

by

In this video, attorney Jacob Sapochnick answers your questions regarding H-1B visa portability.

Q: Can an H-1B employee work at different site locations and can an employee change jobs easily?

A:  Yes, but a separate Labor Condition Application must be filed for each work site. H-1B employees are able to transfer jobs, so long as the petition filed by the new employer is not subject to a numerical cap. A person who already has an H-1B visa can port to another employer, but the new employer must file a new petition. Once you have received a receipt notice for the new petition you may begin working for the new employer.

Overview of the H-1B program: 

The H-1B program was enacted by Congress with the intention of helping American employers seek out distinguished foreign workers who possess the necessary business skills and abilities absent within the American workforce. The provisions of the H-1B program allow qualified foreign workers to attain temporary employment having met specific requirements, while protecting American workers from being negatively affected by the temporary employment of these workers.

In order to qualify for an H-1B visa, the Petitioner (U.S. Employer) must submit evidence that substantiates that the foreign worker either a) possesses a bachelor’s degree or higher or equivalent work experience for the particular position sought b) that the degree requirement is common for the particular position within the industry, or that the job is so complex or unique that it can only be performed by someone possessing a bachelor’s degree or equivalent work experience in a relevant field for the position c) that the employer normally requires a degree or its equivalent for the position or d) that the nature of the duties necessary to perform the position are so specialized and complex that performance of the duties is associated with attainment of a bachelor’s degree or higher, or equivalent work experience.

H-1B Cap

The H-1B visa program is subject to a congressionally mandated cap limiting the issuance of H-1B visas to 65,000 per year. Individuals holding advanced degrees are exempted from the 65,000 cap. Initial H-1B applicants must demonstrate that they have obtained an American master’s degree or higher to be exempted from the cap, however only the first 20,000 petitions received by USCIS will benefit from the exemption.

For more information about the H-1B visa please visit our website.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

by

In this video, attorney Jacob Sapochnick checks in and answers your immigration questions from Bora Bora, French Polynesia.

Overview 

Tourist Travel Advisory: Expect CBP to be more strict when traveling through a U.S. port of entry. Always carry documents to prove what the nature of your trip is in the United States, in addition to your valid tourist visa and passport documents. Always be mindful that CBP has the discretionary power to decide whether or not to admit you to the United States. This also applies for individuals traveling to the United States on a work visa. Always err on the side of caution and be calm and respectful when speaking to CBP.

Changes to U.S. Immigration: Despite proposed changes to the immigration system, foreigners continue to be interested in traveling and immigrating to the United States. Immigrating to the United States is definitely going to become more difficult, although at this moment no legislation has been passed to overhaul the current immigration system.

Denial of removal of conditions application without an interview: Recently USCIS has been denying certain removal of conditions applications by mail without scheduling the conditional permanent resident for an interview. Typically USCIS will schedule the conditional permanent resident for an interview if there are any doubts about the validity of their marriage. If you are planning to file a removal of conditions application, always ensure that you provided enough proof of your good faith marriage. This is especially important for people filing for an I-751 waiver of the joint filing requirement. For more information about the I-751 application please click here. For information regarding I-751 waivers click here.

For more information about the services we provide please visit our website.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

by

In this video, our clients speak about their unique experience with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your first time consultation.

For more information please visit our website.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

by

In this video Attorney Jacob J. Sapochnick takes you on a tour of our law office located at 1502 Sixth Avenue in sunny San Diego, California on the corner of Beech Street and Sixth Avenue. Come and visit us today. We offer first time consultations to meet your immigration needs.

For more information on the services we provide please click here.

To read our client testimonials please click here.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram for daily updates.

Capture

by

In this video attorney Jacob Sapochnick discusses the status of the E-2 visa program for the country of Israel, as well as different E visa options for Israeli entrepreneurs. For a first time consultation please contact our office.

Our staff members are fluent in Spanish, Hebrew, Russian, Mandarin, and French.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

by

In this video, Attorney Jacob J Sapochnick, Esq., explains the process of applying for a green card through an employment-sponsored petition.

Overview of Employment-Based Green Card Process

The U.S. employer must prove that hiring the foreign national will not adversely affect current labor available to U.S. workers—this requires the employer to undergo a labor certification process or PERM with the Department of Labor.

Labor certification requires the employer to go through the process of testing the labor market through a process of advertising.

Step 1: The Employer must apply for PERM or Labor Certification with the Department of Labor for the position offered. Once the Department of Labor issues the certification, the Employer may begin the advertising process for the position.

Step 2: Once the PERM Labor Certification has been approved, the Employer can file the I-140 petition with USCIS

Continue reading

by

In this video we provide one of our many positive testimonials from our clients. At the law offices of Jacob Sapochnick, we offer the highest level of customer service from beginning to end. Our boutique legal practice makes our practice one of a kind. From our staff members to our attorneys, at the law offices of Jacob Sapochnick, we are constantly inspired by the stories of our clients, and work hard to make their dreams a reality.

For more information regarding the services we provide please visit our website.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

by

In this video, entrepreneur, business owner, and best-selling author John Assaraf, discusses attorney Jacob J. Sapochnick’s book “My American Job,” and how it can help immigrants just like you land a job in the United States. As a Canadian, who immigrated to the United States long ago, John Assaraf knows first hand how difficult it is to immigrate to the United States and have a shot at achieving the American dream.

“My American Job” gives you advice and strategies on how to:

  1. Be prepared, physically, mentally and financially, to maximize your chances for long term job success;
  2. Overcome misconceptions and objections U.S. employers have about hiring foreign workers;
  3. Navigate the job application and interview processes;
  4. Land the job including how to leverage social media sites;
  5. Use LinkedIn, Facebook, Twitter, and Google Plus for job searching;
  6. Adapt to U.S. business customs, ideas, etiquette, and protocol;
  7. Read about the real life success of foreigners who now live and work in the U.S.

To purchase attorney Jacob J. Sapochnick’s book click here. To learn about the immigration services we provide please visit our website.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram to catch our next live stream.

Capture

by

In this video attorney Jacob J. Sapochnick discusses his thoughts on President Trump’s speech to a joint session of Congress which took place February 2017, and the prospects for immigration reform going forward. Click the video below to listen in.

While President Trump intends on staying tough on immigration, he outlined that he is open to working with Congress to reform the current immigration laws, and possibly expanding immigration options for highly skilled workers. We must remember that Trump still has four years ahead of him, so it is too early to understand his plans and what the future of immigration may look like. At the moment, it looks like the President’s main priority will be to secure the border. At a later time we may see the President soften his tone on immigration, and possibly introduce a proposal for immigration reform.

One thing is for sure, the Trump administration is treating overstays and unlawful presence in a much different way than the Obama administration dealt with these issues. Going forward we can expect consular visa applicants to experience delays in the issuance of their visas, especially applicants from territories controlled by the Islamic state. Under this administration, we are seeing that people who were not priorities for deportation under the Obama administration, are now being targeted and removed from the United States for minor convictions. If do not have lawful immigration status or have overstayed your visa it is important for you to know the consequences of remaining in the United States unlawfully. Make sure that you come up with a plan in case of an immigration raid.

Remember that if you have any questions please contact our office or e-mail jacob@h1b.biz.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram to catch our next live stream.

Capture

by

In this video attorney Jacob J. Sapochnick answers your immigration questions live on Facebook.

In this session, Jacob discusses what is new in immigration, and answers your immigration questions relating to applications for permanent residence (I-485 adjustment of status), H-1B visas, citizenship, traveling outside of the United States as a permanent resident, global delays in visa issuance, the future of DACA under the Trump administration, consequences of overstaying your visa, and much more.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram to catch our next live stream. If you have any questions please contact our office or e-mail jacob@h1b.biz.

Capture