In this video Attorney Jacob J Sapochnick Esq., explains one of our most frequently asked questions: Can I get a Green Card from an E2 Visa?
While there is no direct way to convert an E2 Visa to a Green Card, there are ways to get a Green Card from an E2. Normally E2 Visas are non immigrant visas, so the intention is to return to the home country one way.
You are eligible to apply for a Green Card while under E-2 status as long as you meet the guidelines through one of the following methods:
EB-1 Green Card: You can obtain a green card while under E-2 status if you are an “Alien of Extraordinary ability” or a “Multinational Manager or Executive.” If you find yourself in one of these categories, you can file an immigration petition under one of these categories
Family Based Immigration Green Card: You may obtain a green card if you have close relatives in the United States. Your relatives may file a petition in this case.
National Interest Waiver: If you are an “alien of exceptional ability,” have an advanced degree or an equivalent level of experience, and can show that your services will greatly benefit the United States, then you may file a National Interest Waiver (NIW).
Employment Based Immigration: If you can find an employer who is willing to file a Labor Certification form with the Department of Labor, then you may qualify for a green card through the employment based immigration process. Or Self Petition EB2 based on a self petitioned H1B.
EB5 Visa – Green Card based on investment of 500K or Million depending on the location in the US.
For more information on this subject contact our office and please remember to follow us on Facebook, Youtube, Twitter, and Instagram
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Call us with any questions: 619-819-9204 or visit https://www.h1b.biz
As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.
April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.
Things to do before the application period begins:
1. Interview and find an employer who is willing to sponsor H-1B visa
This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.
Call us with any questions: 619-819-9204 or visit https://www.h1b.biz
As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.
April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.
Things to do before the application period begins:
1. Interview and find an employer who is willing to sponsor H-1B visa
This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.
Myth: H-1B process is so complex and lengthy that it is not even worth trying
Reality: Despite certain complexities of the process, an immigration lawyer will take the employers through each step of the application making it as easy and painless as possible. The immigration lawyer will also be able to advise the employers on the proper H-1B recordkeeping and compliance procedures to protect the employers’ interests.
Even though adjudication of H-1B visa may take some time, the employers are always given an option to apply for Premium Service with USCIS, which guarantees 15-day processing of H-1B visa petition. Of course, even though the petition is approved, the H-1B worker cannot use it until October 1, but there are exceptions for OPT holders, which will be described below.
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The current status is the H4 visa holders, spouses of H1B visas can not work. Why? This is the law.
The Department of Homeland Security proposes to amend its regulations by extending the availability of employment authorization to H-4 dependent spouses of principal H-1B non-immigrants who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or “stay” in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies.
Legislation is currently pending, the Bill is being reviewed and comments are processed. We will update you.
More H1B Visa Tips:
Most H1B applicants assume that as long as they mail the cases on April 1, USCIS will consider it filed. Well we have some new clarifications from USCIS. U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year 2014 (FY 2014) cap on April 1, 2013. Cases will be considered accepted on the date that USCIS takes possession of the petition; not the date that the petition is postmarked. Make sure to have it sent by March 31, 2013 the latest to avoid any delays.
How do I get my LCA before April 1, 2013?
As you are unable to submit an LCA for certification to the DOL earlier than six months prior to the beginning date of the period of intended employment (20 CFR §655.730(b)), you must set your employment start date on the LCA prior to October 1, 2013, if you want to have an LCA in hand before the filing period for H-1B cap subject petitions begins on April 1, 2013. For example, you can file and have certified an LCA that has a start date of September 15, 2013. But remember that the LCA end date cannot be longer than 3 years from the start date, so in this example the end date would be September 15, 2013. Also remember to make sure to annotate your I-129 form with a start date of October 1, 2013, but with an expiration date that coincides with the expiration date of the LCA.
What if the U.S. Degree will not be awarded by 3/31/13?
The USCIS has approved H-1B petitions for foreign nationals who have earned degrees from U.S. institutions of higher education, where the foreign national has completed all requirements for the degree, and hence, has “earned” the degree, but the degree has not been conferred. You must submit evidence that the foreign national has completed all requirements for the degree from an official at the school who is qualified to provide that information (e.g. Dean, Registrar or Department head). Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a degree, when in fact there are still examinations or papers to complete. Be mindful that use of such documentation when the student has not completed the program may be considered fraud and such a document may result in the case being denied on the basis of ineligibility at the time of filing.
Can multiple identical petitions be filed for the same foreign national?
The USCIS will either deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund filing fees for duplicative or multiple H-1B petitions. The rules does not prevent related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same foreign national for different positions, based on legitimate business need. Members are reminded to include evidence and/or an explanation in each filing to demonstrate why the filing is not a duplicate.
Our office has extensive experience assisting the clients in filing H-1B petitions. We also help the clients consider their options if the case is denied. Below is an example of the H-1B case that got approved even after the denial was issued.
https://www.visalawyerblog.com/2011/03/h1b_visa_denials_filing_a_moti.html
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. Watch this Video for more information.
Voicing concern over increasing rates of denial of H-1B and L1 work visas, that are popular among IT professionals, top US lawmakers and corporate bigwigs have questioned the Obama administration over the issue, warning this would hurt American business interests.
Officials at recent Congressional hearings cited last year’s figure of 26 per cent denial to H1B visa applicants, that was the highest in recent years, and also pointed out instances where the visas were denied for flimsy reasons.
Watch this video for tips and suggestions to increase your chances of success in filing H1B visas this coming April.
Immigration Lawyer Blog
