Articles Posted in Employment Based Immigration

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In this segment, attorney Jacob J. Sapochnick discusses how President Barack Obama’s Executive Actions on immigration can benefit employment-based visa holders. To learn more about the status of the Executive Actions please click here. For information about employment-based green cards click here.

Overview:

How can individuals in the United States under an employment-based visa benefit from Obama’s executive actions on immigration?

  • Visa allocation for highly skilled workers is likely to improve visa processing;
  • The government will work with the State Department to ensure that all visas authorized by Congress will be issued to people who are eligible;
  • Visa issuance backlogs will likely improve;
  • The process for determining visa availability likely to improve;
  • Rules will be put in place so that priority dates will be preserved for people who are in the process of changing jobs;

More questions? Please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses common reasons for green card denials. To read more about family-based green cards please click here. For information about employment-based green cards click here.

Overview:

There are generally two ways to apply for a permanent resident green card 1. through a qualifying family relationship and 2. through employment. Please note that special categories of green card applicants exist beyond these two options including obtaining a green card through 245i, the diversity immigrant visa program , the Violence Against Women Act (VAWA), Asylum, and based on a U visa.

There are several reasons a green card application may be denied which may include, but is not limited to the following: health, criminal, and security related issues, failure to demonstrate that the applicant will not become a public charge, failure to respond to a request for evidence by the required deadline, prior immigration violations, inability to meet the requirements for a green card, and not showing up to required immigration appointments.

If your green card application has been denied, you may be able to rescue your application by filing a motion to reopen. To assess your specific case please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses the key to filing a successful self-employed H-1B petition. For more information please contact us for a consultation.

One of the most important factors in filing a successful self employed H-1B petition is to demonstrate that there is an existing board of directors that would relieve the H1B employee from taking major decisions.

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In this segment, attorney Jacob J. Sapochnick discusses one of our most frequently asked questions: Do I qualify for the H-1B visa? For more information about the H-1B visa please click here.

Overview: 

–Educational or Equivalent Component

In order to qualify the applicant must meet certain educational and/or work related requirements. The applicant must possess a bachelor’s degree, its equivalent, or the necessary work experience to perform the specialty occupation

– Employer/Employee Relationship and Prevailing Wage

To qualify your American employer must sponsor your H-1B visa and be willing to pay you the prevailing wage in order for you to get the visa

– As there are too many people applying, it is very important to apply as early as possible

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Thinking of applying for the H-1B visa? Not sure what qualifies as a specialty occupation? In this segment attorney Jacob J. Sapochnick answers your questions regarding what specialty occupations are permissible for H-1B visa.

The H-1B visa is for professionals who possess either a U.S. master’s or bachelor’s degree, bachelor’s degree equivalency, or work experience necessary to fill a specialty occupation. Normally this requires possession of a degree or evidence that the applicant possesses the relevant experience to fill the position. The H-1B visa allows you to live and work in the United States. The classification also covers your dependents who may live and study in the United States. Even if your job is not considered a common ‘H-1B occupation’ there may be ways for you to obtain it.

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For more information about the H-1B visa click here.

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Want to know what’s new on the November Visa Bulletin? In this segment attorney Jacob J. Sapochnick discusses the new changes including the dual chart system, family-based preference categories, and EB visa updates for China, India, Mexico, Philippines.

For more information on the Visa Bulletin click here.

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In this episode, attorney Jacob J. Sapochnick Esq. answers one of our most frequently asked questions: What are the differences between the L and E visas?

The L visa is a known immigrant visa, which means that L visa holders can apply for a permanent resident card without losing their L status. L visa holders with dependents, can bring those family members via the L-2 visa. The L visa allows the principal L visa holder to bring foreign workers to the United States working for the same company abroad.

E visa’s are based on a treaty trade agreement or treaty investment. They require a substantial investment to be made. E visa holders cannot apply for permanent residence, but this classification is a good option for temporary investors.

For more information on the L and E visas click here.

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Want to hear how the new changes to the October visa bulletin can affect you? Keeping watching.

– Starting with the October 2015 visa bulletin there will be a new separate cut-off date chart for filing of adjustment of status applications

– The dual chart serves several purposes

– New cutoff dates will be an advantage to those who have been working for the same employer for years

For further questions please call our office.

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In this post attorney Jacob J. Sapochnick discusses the new changes to the October visa bulletin and how these changes can affect your family based or employment based petition.

The October 2015 Visa Bulletin from the U.S. Department of State shows a newly revised system of dual cutoff dates.

As of October, the visa bulletin contains a new, separate cutoff date chart for filing the application for adjustment (form I-485). The cutoff dates in the filing chart are much later than the final action cutoff date chart.

For example, the employment-based, second preference (EB2) for China’s cutoff date for filing in October is May 1, 2014, while the cutoff date for final action is January 1, 2012.

This is a HUGE change, effective as of October 1, 2015, and applies to both the employment-based and family-based categories.

For further questions please call our office.

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In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: What is the importance of Business Plans for E-visas and how can they improve an E-visa application?

For further questions please call our office.

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