Articles Posted in H1B Visas

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What options do I have if my H-1B or L-1 visa is denied? For the answer to this question please keep watching. For more information about these visa types, please click here.

Overview: 

Typically, there are two options to rescue a work visa application that has been denied, including an H-1B or L-1 visa petition. Once a work visa petition has been denied, attorneys have 30 days to file either a motion to reopen or appeal the decision based on the facts of the case. Filing a motion to reopen is highly effective in situations where the immigration officer may have overlooked an important fact, misinterpreted the law, or did not consider important factors during the adjudication process. Motions to reopen give attorneys the opportunity to point out important factors that were included in the original petition, that may have been overlooked. Immigration officers are often overburdened by the high volume of applications waiting to be adjudicated, therefore it is not unusual for immigration officers to overlook important aspects of a petition. New evidence cannot be introduced in a motion to reopen. Our attorneys decide which option is the most appropriate on a case by case basis.

For more information please contact our office for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses the H-1B visa and how the lottery process works. A congressionally mandated cap exists for the H-1B program, limiting the issuance of H-1B visas to 65,000 per year. This is why the H-1B visa is commonly referred to as a ‘lottery’ visa. Individuals holding advanced degrees are exempted from the 65,000 cap. The priority deadline for filing of the H-1B visa is April 1, 2016. For more information about the H-1B visa please click here.

What is 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.

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In this segment, attorney Jacob J. Sapochnick discusses the H-1B visa and gives you insider tips on how to file the perfect H-1B visa package. To learn more about the H-1B visa click here. To read our H-1B visa guide please click here.

Overview: 

  • The H-1B nonimmigrant visa petition may be filed starting April 1, 2016;
  • The Labor Condition Application (LCA) can be submitted to the Department of Labor no earlier than six months. Due to this you must include a starting date on the LCA that comes before October 1st, 2016;
  • Regarding US degrees, one must submit proof by way of an official of the school: dean, registrar, etc.;
  • There are regulations that extend the authorized stay of all F-1 students under the Cap Gap exemption;
  • Be very clear with the attorney working on your case as to the kind of position that you will be applying for.

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In this segment, attorney Jacob J. Sapochnick answers one of our most frequently asked questions: I am an H-1B visa holder, and just found a new job. How can I start working for my new employer? To learn more about the H-1B visa click here.

Overview: 

  • You may start working for a new employer, as soon as you have found a committed employer willing to file a petition for you. However, you do not need your petition to be filed in order to start working for the new employer. Additionally, you do not need to have an approval for the new employment in order to begin employment;
  • The American Competitiveness 21st Century Act allows an immigrant to begin working for a new H-1B employer as soon as that new employer files a petition.

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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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In this episode attorney Jacob Sapochnick, Esq. explains how a foreigner can apply for a work visa/permit and the steps required to do so. It is important for foreigners to understand that most work visas require an employer who is willing to sponsor a foreign worker and most work permits are usually a benefit of some sort of a petition.  If you are a foreigner and your spouse has a J visa, an L visa or an E visa you are allowed to work with a general permit. An H1B visa has a small exemption for self-employment.

For questions and legal advice please call our office for a legal consultation.

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In this segment, Attorney Jacob J. Sapochnick responds to one of our most frequently asked questions. Can an H1B employee work at different sites and locations? Can an H1B employee change jobs easily? Find out here. For legal advice please call our office for a legal consultation.

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You have applied for an H1B or L1 Visa and have been denied? What next?

Our office has extensive experience assisting clients in filing H-1B petitions. We also help clients who are considering their options if the case is denied.

Filing a motion to reopen is only one of the options. There are other options that may be available to you considering the circumstances of your case. If you have any questions regarding filing a motion to reopen or require additional information, do not hesitate to contact our office.

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