Articles Posted in job search tips for foreign workers

by

It’s that time of the week again. A brand-new video, addressing a very important topic. In this video, attorney Jacob Sapochnick breaks down all the visa options available to individuals who wish to work in the United States for a short-term period of 3 to 6 months.

Did You Know? In order to work in the United States, you must apply for the required visa type that allows your temporary employment. You cannot seek employment while on a visitor visa such as a B1/B2 or Electronic System for Travel Authorization (ESTA) under the Visa Waiver Program.

Want to know more? Just keep on watching.

Overview

First, it is important to understand that to work in the United States on a temporary basis, you must apply for the required visa. Foreign nationals cannot enter the United States as visitors with the intention to work in the United States, whether that is on a B1/B2 tourist visa or the Visa Waiver Program. If immigration suspects that you are working without authorization on a visitor visa, you may be barred from re-entering in the future.

Due to the serious consequences that can result from unauthorized employment, it is important to understand which visa types will allow you to work in the United States.

Many nonimmigrant visas allow you to work in the United States for a long duration. One such visa is the H-1B visa program for individuals who will work in a specialty occupation. If selected in the annual lottery, the H-1B visa is valid for 3 years and can be renewed one additional time for a total work period of 6 years. Thereafter H-1B visa applicants can apply for permanent residence based on employment-sponsorship.

Continue reading

by

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.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

by

In this video, attorney Jacob J. Sapochnick discusses job search tips for foreign workers. This video will teach you how to find a job in the United States as a foreign national, how to present yourself to employers as a foreign national, and what to do and what not to do as a foreign national seeking employment opportunities in the United States.

Overview:

This is an issue that many of our clients and foreign job seekers are facing. Many people come to me asking for my help to get them a visa but the problem is that they have not secured a job in the United States. Many people realize that this is kind of like a Catch 22. If you are a foreign worker without a work visa you are not able to get a job. So if you don’t have a work visa how are you able to find a job?

Continue reading

by

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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

by

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

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For legal advice please contact us.

Capture

by

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.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For legal advice please contact us.

For more information about the H-1B visa click here.

Capture

by
 In this episode, attorney Jacob J. Sapochnick, provides an update on the OPT Stem Extension Decision.

Notes:

  • OPT STEM has been extended.
  • This ruling will basically stop OPT Program.
  • District Court Judge Ellen Hovel found that the government made an error by not seeking public when it extended the 12-month OPT Program for STEM students.
  • The ruling could have invalidated the OPT extension immediately but instead the government gave 6 months to submit the OPT extension rule.
  • If the problem isn’t solved within 6 months, the OPT extension will be canceled on all these visa holders. They will then have only 2 months to leave the country.
  • OPT was created in 2008 due to the shortage of H1B visa.

For further questions please call our office.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website.

Capture

by

In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: What is the importance of Business Plans for E-visas and how can they improve an E-visa application?

For further questions please call our office.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website. 

Capture

by

In this series, Attorney Jacob J. Sapochnick, Esq. discusses the process of applying for permanent residence for individuals on a valid student visa.

Notes to keep in mind when applying for permanent residence:

– F visa holders must know that when they apply for a green card they may lose their chance of renewing their F1.

– The length of the green card process can take two or more years. This process will not allow you a right to stay in the US.

– Until you can get to the adjustment of status process, you won’t be allowed to work.

– It may take years to adjust your status especially for those from India and China.

– Always get advice from a qualified attorney before filing from an F1

For additional questions on how you can live and work in the United States please call our office for a legal consultation.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website. 

Capture

by

In this episode attorney Jacob Sapochnick, Esq. answers one of our most frequently asked questions, what are the best ways to get a green card to live and work in the United States?

Here are the top 5 most common ways to obtain a green card:

– Family sponsorship. If it’s not an immediate relative you must wait in line with what is called as the priority date

– Green card lottery. If you win it, it’s free.

– Sponsorship by an employer

– Investing in the EB-5 program

– For asylum or refugees

For additional questions on how you can live and work in the United States please call our office for a legal consultation.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website. 

Capture