Articles Posted in H-4

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In this video, attorney Jacob Sapochnick discusses the advantages and disadvantages of the H-1B temporary work visa versus the EB-3 immigrant visa for professionals.

We will dive into the differences between them and the factors that you may want to consider when evaluating which process might be right for you.

If you would like to know more about this topic, we invite you to watch our video.

Overview

If you are looking for opportunities to live and work in the United States, it is a good idea to carefully research the visas that are available to you and speak with a qualified immigration attorney to help you navigate through any visa alternatives that could benefit you.

Narrowing your search and having a thorough understanding of the most suitable visas for you will give you the knowledge and insight that you will need to comfortably approach a U.S. employer for a potential job offer and employment sponsorship.

Foreign workers typically find that U.S. employers, especially start-ups and smaller companies, are unfamiliar with the process of sponsoring a worker for a visa. That means that the worker will need to be familiar enough with the process to put their best foot forward during negotiations. Workers must be prepared to present different options to employers.

Our employment-sponsorship videos provide tips to empower you and make your job search more efficient in 2024. We hope you will share them with anyone who may benefit.

The H-1B Work Visa

We begin our discussion with the H-1B work visa. This is a temporary nonimmigrant work visa type that allows U.S. employers to petition and hire foreign workers with specialized skills for a specific period of time. To qualify for this visa type, foreign workers must have at least a bachelor’s degree or its equivalent and be employed in a specialty occupation relating to their field of study.

H-1B workers are typically employed in STEM fields, as scientists, engineers, computer programmers, software developers, and technology workers, but other fields may qualify that require specialty knowledge. This visa type also allows employers to sponsor professional fashion models of distinguished merit or ability.

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Wouldn’t it be nice if you could get your U.S. Visa renewed inside of the United States without having to visit a U.S. Embassy or Consulate abroad?

This may soon become a reality based on a new pilot program announced by the Department of State for certain workers renewing their visas.

Overview

Visa stamping refers to the process of renewing a U.S. visa for foreign nationals working in the United States in certain visa categories. Traditionally, foreign workers must return to their home country and visit their local U.S. Embassy or Consulate to schedule an appointment and renew their U.S. visas. However, the vast majority of U.S. Embassies and Consulates have significant visa interview backlogs which delays the visa renewal process significantly and increases the visa backlog.

To provide relief for visa renewal applicants, the State Department recently announced the launch of a new pilot program that will allow a limited number of H-1B specialty occupation workers the opportunity to renew their visas from inside the United States, effectively decreasing work interruptions and such visa stamping delays.

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Would you like to know how you can renew your U.S. visa in 2023? If so, then this video is right for you.

Overview

Your U.S. visa has expired and now it’s renewal time. In this video, attorney Jacob Sapochnick discusses the general process of applying to renew your U.S. visa in 2023 at a U.S. Consulate or Embassy overseas.

Please note that there are hundreds of different U.S. visa categories that have their own eligibility criteria and renewal requirements. The information provided here does not, and is not intended, to constitute legal advice. To obtain legal advice on your particular facts, case, or circumstances, please consult with a licensed immigration attorney.

For visa specific information and documentary requirements, applicants may contact their closest U.S. Embassy or Consulate.

Visa Renewal Steps

Here are the main steps that any applicant must take when renewing their visa at a U.S. Consulate or Embassy abroad.

Step One: Make sure that you qualify for your U.S. Visa Renewal

First and foremost, regardless of your visa type you must be prepared to provide documentary evidence to the Consular official to prove that you remain eligible for the renewal of your visa.

For example, if you are renewing a student visa you must provide your updated Form I-20 Certificate of Eligibility for Nonimmigrant Student Status to show that you remain eligible to study in the United States. If you are applying to renew your tourist visa, you must continue to demonstrate your eligibility such as proof of temporary stay, strong ties to your home country, proof of sufficient finances to cover your temporary stay, etc.

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Are you going through the immigrant visa process, waiting for your interview to be scheduled at a Consulate or Embassy overseas? Then this video is right for you. We will provide the latest updates including which Consular posts are open, their processing times, and which posts are experiencing long wait times as of June 2023.

Overview

Embassies and Consulates around the world are beginning to ramp up their processing of immigrant visas, with the hiring of additional personnel to reduce the visa backlogs.

During the Coronavirus pandemic, immigrant visa cases have been warehoused at the National Visa Center (NVC) while awaiting interview scheduling at U.S. Embassies and Consulates abroad. Due to the high demand for visa interviews, most Consular posts have not been able to accommodate the majority of applicants who are still waiting for their appointments to be scheduled.

Unfortunately, the National Visa Center (NVC) is not able to forward cases to Embassies and Consulates until they have received confirmation that the post has available interview slots.

This is the case even if your case is documentarily qualified and even if your priority date is current on the Visa Bulletin. Your case cannot be forwarded to the Embassy or Consulate until they have confirmed that an interview slot is available for you.

On the other hand, if your case has not been documentarily qualified (meaning all documentation has been received by the NVC), or your priority date is not current on the Visa Bulletin, then your case will not be scheduled for an immigrant visa interview.

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In this video attorney Jacob Sapochnick discusses how Google layoffs are impacting foreign workers in the United States going through the employment-based green card process known as PERM. Layoffs in Silicon Valley have been more and more common, with major tech companies like Amazon, Facebook, and Twitter abruptly ending thousands of jobs, leaving workers scrambling for alternatives.

Specifically, what happens when a foreign worker is going through the employment-based green card process with their U.S. employer and subsequently gets laid off?

In this video we discuss the different scenarios that may apply and go over the different options for laid off workers going through the green card process.

If you want to know more just keep on watching.

Did you know? PERM Labor Certification is the process used for obtaining Labor Certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (Green Card). The employment-based preference categories that require PERM Labor Certification are EB-2 (other than a National Interest Waiver) and EB-3. Before a U.S. employer can file the I-140 Immigrant Petition for Alien Worker with USCIS, the employer must first obtain an approved Labor Certification from the Department of Labor (DOL).

Overview

What are the immigration options for those whose employment has been terminated?

Unfortunately, the uncertain economic climate has led to the loss of thousands of jobs, negatively impacting foreign workers. In particular H-1B workers have been some of the most affected.

Below we discuss some of the options that may be available to nonimmigrant workers who have been terminated and wish to remain in the United States following their termination. Additionally, we discuss how some workers can preserve their I-140 petition’s priority date or even their green card process depending on the stage of employment termination.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a very exciting new update for E, L, and H-4 dependent spouses. USCIS has issued a new policy memorandum stating that the agency will automatically allow employment authorization for dependent E, L, and certain H-4 spouses of principal visa holders, without requiring spouses to file I-765 application for employment authorization to be eligible to work in the United States.

Keep on watching to find out more!

Overview

USCIS has now changed its policy to allow dependent E, L, and certain H-4 spouses to automatically qualify for employment authorization. The change came about after settlement of a lawsuit known as Shergill v. Mayorkas, No. 21-1296 (W.D. Wash.) filed against the government.

Pursuant to the settlement agreement reached with USCIS, E, L, and certain H-4 spouses will be eligible to work just by having their valid visas, and they will not need to file any separate applications nor need to apply for a separate employment authorization card (work permit) to seek employment in the United States.

Previously, USCIS required spouses of E, L, and H principal visa holders to apply for an employment authorization document (EAD) to lawfully work in the United States. Spouses were not granted employment authorization simply by having a valid visa in E, L, or H visa classification and were required to pay an additional filing fee of $410 to file the I-765 application for work authorization and wait for its approval.

Following the onset of the pandemic, USCIS began experiencing extreme delays and could no longer process I-765 applications for employment authorization in a timely fashion, taking in some cases 14 months or longer to issue EAD documents. Sadly, this resulted in job losses for many dependent spouses who were stuck waiting many many months to receive their EAD document to prove to their employers their eligibility to work in the United States.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the National Visa Center (NVC) immigrant visa backlog and current NVC processing times in the month of June. Stay tuned for updates on the Department of State’s plan to reopen Embassies and Consulates worldwide, and information on how Consular posts will be prioritizing visa issuance in the next few months for F-1 students, H-1B workers, H-4 spouses, and J-1 Workers.

Want to know more? Keep on watching for all the details.

Overview

The National Visa Center’s Backlog

As many of you know, last year the Department of State made the difficult decision to temporarily suspend routine visa services at U.S. Embassies and Consular posts worldwide to prevent the rapid spread of the Coronavirus. The suspension was necessary to adhere to local regulations such as the mandatory quarantines and social distancing required to contain the virus. Although Embassies and Consulates are now following a phased resumption of visa services framework, limited resources and local country conditions in some regions have prevented Consular posts from providing routine visa services as before. Most Consular sections are not operating at normal capacity, and are prioritizing visa appointments for emergencies, mission critical visa services, and immediate relatives of U.S. Citizens including K fiancé(e)s.

On February 2, 2021, President Biden issued Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” which was designed to promote integration and inclusion for foreign born immigrants, including the dismantling of harmful anti-immigrant policies.

Despite the issuance of this Executive Order, Embassies and Consulates have not been able to return to normalcy and routine visa services have remained suspended. Consular officials are still refusing to issue visas for individuals that remain in the lower tier of immigrant visa prioritization, including family preference, employment preference, and diversity immigrant visa applicants. This has prompted hundreds of individuals to join numerous class action lawsuits to force the government to intervene.

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