Articles Posted in Hiring an Immigration Lawyer

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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 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 the marriage based green card process for persons who entered the United States legally. To learn more about adjustment of status within the United States please click here. For information about employment-based green cards click here.

Overview:

  • The process discussed is only for persons who entered the United States legally (those who were legally inspected through a United States port of entry);
  • If you did not enter the United States legally but are married to a United States citizen, you may qualify for a waiver if you have acquired only unlawful presence in the United States;
  • The US Citizen spouse and the intending immigrant must be legally free to marry. Pending dissolution proceedings in a foreign country will present a problem;
  • Both parties must reside in the United States in order to file for adjustment of status;
  • Once the civil marriage takes place, the USC spouse and intending immigrant must file several forms with CIS along with supporting documents (I-130, I-485, I-864, G-325A, etc.);
  • The intending immigrant will NOT be able to travel internationally until they are issued an advance parole by filing form I-131 with CIS. It takes approximately 90 days for an advance parole document to be issued from the receipt date of the I-131;
  • The intending immigrant will receive conditional permanent residence status if the marriage was less than 2 years old on the day they were given permanent residence;
  • If you have received conditional permanent residence status, you must remove the conditions within the 90 day window immediately before your permanent resident status expires;

For more information about the removal of conditions process please click here. For a consultation please contact us.

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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 answers one of your most frequently asked questions: What are some ways to obtain relief from deportation?

Overview:

There are generally four ways to obtain relief from deportation through Cancellation of Removal, Prosecutorial Discretion, Asylum, or Adjustment of Status.

  • Cancellation of removal is a good option for people who have resided in the United States for 10+ years;
  • Asylum is a good option to avoid removal for those who qualify. In order to qualify, an asylum applicant must be unable or unwilling to return to their home country as a result of persecution or well-founded fear of persecution on the basis of five statutorily protected grounds including: race, religion, nationality, membership in a particular social group, or political opinion;
  • Adjustment of status is an option for those who have an immediate relative that is a United States Citizen or Lawful Permanent Resident (LPR). These individuals may adjust their status to lawful permanent residence;
  • Another way is through Prosecutorial Discretion;

For more information please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: How do I pass a green card marriage interview?

Overview: 

  • The green card marriage interview usually takes place three to four months after the green card application is filed with CIS
  • In  this video we will will cover tips on how to prepare for your interview, what to expect, and the types of questions you may be asked during the interview

For more resources on what to expect during the I-485 interview please click here and here.

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In this segment, attorney Jacob J. Sapochnick discusses a new development relating to President Barack Obama’s November 2014 executive action on immigration. For more information about President Obama’s executive actions on immigration please click here and here.

Overview: 

  • SCOTUS recently granted a request that secures timely consideration for President Obama’s Executive Actions raising the likelihood the case will be heard in the spring and a decision by the end of June; just a few months before the Presidential election.
  • When the Executive Actions on immigration were announced last year, several states filed an injunction against extended DACA and DAPA and those provisions have been at a standstill ever since.
  • Twenty-six states were involved in the lawsuit, with Texas as the lead plaintiff.

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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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