Articles Posted in Foreign nationals

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The H-1B visa is a lottery visa that is reserved for individuals who seek to work in what is called a “specialty occupation” in the United States.

A specialty occupation exists if any of the following are satisfied:

a) the foreign worker either 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.

Nurses in management positions, nurse practitioners, certain ICU high level nurses, and some nurses in research, may qualify for the H-1B visa.

General Requirements

  • The nurse must possess a bachelor’s degree or higher relating to their area of employment
  • The nurse must have a job offer from a U.S. employer to perform work in a specialty occupation (such as a nurse practitioner)
  • The H-1B visa is a lottery visa subject to a numerical cap. An applicant may only apply for an H-1B visa in April of each fiscal year
  • The nurse’s employer must be willing to pay the prevailing wage which is the average wage paid to similarly employed workers in the area of intended employment. The prevailing wage is determined based on the occupation and work location where the foreign worker will be employed
  • The employer must attest that they will pay the nurse at least the prevailing wage and also that the nurse will be working at a particular location

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

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In this video attorney Jacob Sapochnick forms part of a panel of distinguished immigration attorneys. During this panel you will hear all about immigration options for foreign nurses.

These options include the H-1B visa for highly educated nurses such as nurse practitioners, the TN Visa for citizens of Canada or Mexico, and finally EB-3 employment based green card processing.

For more information about these options please click here.

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Have you ever wondered what visa options are available to social media influencers?

Social media influencers have quickly become of the biggest assets for brands seeking to reach millennial audiences by way of influencer marketing.

Influencer marketing refers to a business collaboration with an influential person on social media to promote a product, service, or a campaign. Social media influencers are those who have amassed a large following on social media and have established credibility among their followers within their specific industry.

An influencer can come to the United States and work with brands to promote their goods or services by applying for the O-1B visa for aliens of extraordinary ability in the arts.

To qualify for an O-1 visa, the social media influencer must demonstrate extraordinary ability by sustained national or international acclaim via social media, and seek to come to the United States to work with companies using their social media platform.

For more information please click here.

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In this video attorney Jacob Sapochnick discusses how to respond to a Notice of Intent to Deny (NOID) after a marriage fraud interview also known as the STOKES interview.

Overview:

As part of the I-130/485 application process to obtain a green card based on marriage, the couple must attend an in-person interview before USCIS to prove that they have a bona fide marriage.

During this interview the immigration officer must determine whether the marriage is in fact legitimate or whether the foreign national entered the marriage solely to obtain an immigration benefit.

If all goes well, the couple is approved following the initial interview.

If the immigration officer suspects fraud or is not convinced that the marriage is legitimate, the couple will be scheduled for a second interview or “STOKES” interview.

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In this video attorney Jacob Sapochnick discusses immigration options for foreign nurses.

Overview: 

At the moment it is quite difficult for foreign nurses to immigrate to the United States because of how strict immigration officials are being in adjudicating these petitions.

While there are rigorous requirements that must be proven to immigrate to the United States, the demand for nurses in the United States continues to grow. Therefore, there is a still a need for foreign nurses to come and work in the United States.

The good news is that the immigration backlog for nurses is decreasing. The time that a nurse must wait to work in the United States depends on the nurse’s country of nationality.

So, how can a nurse get a visa to come to the United States?

There are generally two ways that a foreign nurse can come and work in the United States.

Option 1:

Green Card: A nurse may come to work in the United States if their employer files a petition on their behalf specifically on Form I-140 Immigration Petition for Alien Worker. Once the I-140 is approved, the nurse may apply for an immigrant visa under the EB-3 category for nurses once the I-140 priority date becomes current on the visa bulletin. This process culminates in an interview at the U.S. Consulate for the immigrant visa.

Option 2:

H-1B: A foreign nurse who has a Master’s or Bachelor’s degree, plus five years working experience, and is seeking to work in a specialty occupation (for example as managers or nurse practitioners) may apply for the H-1B work visa.

Option 3:

TN Visa: A foreign nurse from Canada or Mexico may apply for a TN visa.

Most nurses come to the United States by being petitioned for a green card directly by their employer.

What is required for this option?

  • The foreign nurse must have a visa screen which is an evaluation of educational equivalency by the CGFNS (Commission on Graduates of Foreign Nursing Schools)
  • The foreign nurse must establish English proficiency by passing either the Test of English as a Foreign Language (TOEFL) www.toefl.com or International English Language Testing System (IELTS, academic version) www.ielts.org.
  • The foreign nurse must also pass the state licensing exam and the NCLEX (National Council Licensure Examination)
  • The foreign nurse must have a job offer and
  • The employer must be willing to sponsor the foreign nurse for permanent residency
  • The employer must be willing to pay the prevailing wage of the location where the foreign nurse will be working

For more information please contact us at jacob@h1b.biz.

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In this video attorney Jacob Sapochnick shares exciting news, New Zealand has now been added to the list of eligible citizens that may apply for an E-2 Investor visa.

A recent change in the law now allows citizens of New Zealand to come to the United States as investors and apply for the E-2 investor visa. Citizens of New Zealand may invest in any business venture, with an investment as low as $50,000.

Previously, citizens of New Zealand were not a part of the E-2 investor visa program, so this is a great opportunity for entrepreneurs interested in bringing their talents to the United States.

What is the E-2 visa?

The E-2 visa is suitable for persons who are: a) foreign nationals of a treaty trader country b) interested in making a substantial investment in a new business in the United States or existing U.S. business c) not interested in permanent residence d) interested in remaining in the United States for the short term.

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In this live stream, attorneys Jacob Sapochnick and Marie Puertollano discuss recent topics in immigration including the immigrant caravan, the new proposed rule to restrict admission of aliens reliant on public benefits, updates relating to the I-751, NTA memos, and the upcoming H-1B season and new proposals.

Immigrant Caravan

The immigrant caravan is comprised of a large group of individuals traveling together from Central America for the purpose of claiming asylum in the United States. Unfortunately, there are long waiting times for individuals to be scheduled for what is known as a “credible fear” interview, where an immigration officer will determine whether the applicant has a credible fear of asylum. This waiting period of course is exacerbated by the large amounts of people who continue to seek asylum at a port of entry.

Proposal to Restrict Admission for Aliens Reliant on Public Benefits 

The Department of Homeland Security recently announced a new proposed rule that may prevent non-citizens reliant, or likely to become reliant on public benefits, from gaining admission to the United States.

Under the proposed rule, a non-citizen can be found inadmissible to the United States if they have become reliant on a prohibited public benefit, or if they are likely to become reliant on a prohibited public benefit. The non-citizen seeking to gain admission to the United States bears the burden of proving that they will not become a public charge to the United States government. This can be accomplished by showing that the non-citizen applicant has sufficient finances to support themselves in the United States, or by presenting a signed and completed affidavit of support.

Under the proposed rule receipt of any of the following types of public benefits could make a person inadmissible on public charge grounds:

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In this video attorney Jacob Sapochnick discusses an important E-2 visa subject: how do you prove source of funds for your E-2 investment?

Loans

If your source of investment is a loan: you must prove that your loan is secured by some personal property.

Gifts

If your source of funds is a gift: you must prove that you have control of that gift and show the source of funds of the person that gave you the gift, for example if the funds came from the sale of the house, the documents of the sale of that house must be provided. If the funds came from savings, then the person would need to provide their savings account statements. If the funds came from someone’s salary, then pay stubs must be provided.

In general, if a person has given you a gift of money, and that is the source of your E-2 investment, that person must prove how they got the money.

Proceeds from Real Estate

If the funds are coming from the proceeds of a real estate sale then you must provide the deed, proof of the bill of sale and the transaction, etc.

Investments

If the source of funds is coming from investments such as stock, life insurance, then at least three years of tax returns must be provided, and three years of statements from those institutions.

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In this video attorney Jacob Sapochnick discusses how entrepreneurs come to America.

What are the available visa options for an entrepreneur to launch a startup company?

The O-1A:

One of the most common ways to launch a company in the United States is through the O-1A visa. This is a great option for entrepreneurs who have already established their reputation in their home country, have run a successful business abroad, and who wish to bring their unique talents and skills to the United States.

To qualify for an O-1A visa, the entrepreneur must demonstrate that they are exceptionally distinguished in their field or industry. This can be demonstrated by way of sustained recognition in the industry on a national or international level, or awards, titles, honorary distinctions, etc. The entrepreneur must also demonstrate that they have achieved a high level of expertise in their industry

The O-1A visa enables the entrepreneur to come to the United States to work for their own company, or for another company.

The L-1A:

Another great option is the L-1A visa. If you are a startup founder and you already have a company in your home country, and you want to launch in the United States, you can set up a subsidiary or an affiliate of your startup in your home country and come to the United States as an executive such as a CEO.

The E-2:

Alternatively, you may wish to apply for the E-2 visa as an investor of the startup company that you wish to launch in the United States. To qualify for this visa type, you must be a national of a foreign country that has a qualifying treaty of friendship, commerce, navigation, or similar agreement with the United States.

In addition, the investment must be made in a real, operating commercial enterprise or active entrepreneurial undertaking productive of some service or commodity. Paper organizations, speculative, or idle investments do not qualify as real operating enterprises or active entrepreneurial undertakings.

The TN: 

If you are a citizen of Mexico or Canada, you can apply for a TN visa and be part of the company that you launch in the United States as an advisor or a higher-level position. The position that the entrepreneur will engage in must be a profession that is approved by NAFTA, and the entrepreneur must meet the qualifications for that position.

The E-1:

The E-1 Treaty Trader visa is a good option for entrepreneurs who wish to work in the technology sector. If you have a patent in your home country or have an idea to invest in the technology sector, and you are starting a company in your home county, you can set up a company in the United States as a founder without investing anything, because of the exchange of trade and technology.

National Interest Waiver

Company founders can apply for a green card by applying for a national interest waiver if you are a highly successful entrepreneur, and you can show the government that your level of innovation is at a high level.

Please visit our website for more information about these different options.

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How can religious workers come to the United States?

A religious worker visa allows a foreign national to come to the United States to work in a religious occupation for an authorized non-profit organization.

To qualify for the R-1 visa, the foreign national must be employed by (1) a non-profit religious organization in the United States or (2) a religious organization that is authorized by a group tax exemption holder to use its group tax exemption or (3) a non-profit religious organization affiliated with a religious denomination in the United States.

Religious occupations are those whose duties:

  • Primarily relate to a traditional religious function
  • Are recognized as a religious occupation within the denomination
  • Are primarily related to, and clearly involve, inculcate, or carry out the religious creed and beliefs of the denomination
  • In addition, the foreign national must be a member of the religious denomination for at least two years immediately prior to filing for an R-1 visa.

The R-1 visa is issued for a period of up to 5 years, and the religious worker may apply for a green card using Form I-360.

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

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