Articles Posted in Non immigrant Visas

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In this video, attorney Jacob J. Sapochnick discusses the future of immigration law under President elect Donald Trump. For more information just keep on watching.

Overview: 

Donald Trump is set to become the next President of the United States on January 20, 2017. Due to his polarizing stance on immigration, many Americans are living in fear of deportation, while others ask themselves: how might immigration law change under the Donald Trump administration? The good news is that in recent interviews Donald Trump has dramatically scaled back his views on immigration, stating that he will prioritize the deportation of criminal persons residing in the country illegally which he estimates will affect about 3 million undocumented immigrations, although he continues to maintain that a wall must be built along the U.S. Mexico border. In terms of high skilled immigration, he has been highly critical of work visa programs such as the H-1B program. He has stated that Americans should have the opportunity to fill occupations being offered to foreign nationals first.

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Want to learn more about the Law Offices of Jacob Sapochnick? Please keep watching.

Overview: 

The Law Offices of Jacob J. Sapochnick provides specialist expertise in all aspects of US immigration and nationality law and practice. Our track record of successful practice in this area is evidence of the high standard of knowledge and skill brought to bear in respect of all cases that we handle and all instances when we provide advice and representation.

The firm prides itself on its speed of response, dealing with matters efficiently and conscientiously at all times. Our strength lies precisely in our understanding of clients’ needs, which stems from our broad and varied experience of legal practice in this area. We are aware that those consulting us are often in difficult positions, sometimes with urgent or compelling business or personal needs that hinge on their immigration requirements, calling for dependable and confident advice and assistance. Our practical approach is directed at understanding our clients’ needs and meeting those needs. Your immigration is our passion.

To learn more about the services we offer please visit our website.

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In this video, Attorney Jacob J. Sapochnick Esq. discusses one of your frequently asked questions about the E-2 visa program: Is there a minimum investment amount? How can I determine how much money to invest for the E-2 visa?

For more information please keep watching.

Overview: 

The answer is that there is no set standard requirement in the law stating a standard minimum amount of money required to be invested in order to qualify for an E-2 visa. Although there is no minimum investment amount required for E-2 visa investment purposes, as a general rule the investment must be significantly proportional to the amount of the total investment. This means that generally the investment amount must be half the total value of the enterprise, or for new businesses, an amount normally considered necessary to start the business. It is true that some applicants have been approved for the E-2 visa having made investments of less than $100,000, but the appropriate amount you must invest will depend on various factors including: the type of business you will invest in, the location, business plan, whether you plan on opening a new business or investment in an existing business, etc. In order for your application to be convincing, realistically the investment amount should approach $100,000, to increase your chances of getting your E-2 visa approved, but you must take into account that the investment amount will depend upon many different factors.

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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?

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In this video, Attorney Jacob J. Sapochnick Esq. discusses one of your frequently asked questions: Is there a minimum investment amount required to apply for the E-2 Treaty Investor visa? To read more about the E-2 visa click here. To read about other visa types for start-up companies and entrepreneurs please click here.

Overview: 

Although, there is no minimum investment amount required for the E-2 Treaty Trader Visa, the investment amount must be reasonable, to demonstrate that the business is not marginal and that it is the funds will be “at risk.”

As a general rule the investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, for new businesses, an amount normally considered necessary to establish the business.

Consider the following when coming up with the appropriate investment amount:

  • What is the type of business?
  • Where is the location?
  • How much money is typically required to run this type of business?
  • How many employees will you need to hire?
  • Consider cost of assets, equipment, operating, and other start up expenses

Typically, anything less than $50,000 would not be sufficient to convince the consulate or immigration service that your funds are committed and “at risk.” We would be happy to discuss your options. For a first time consultation please contact our office.

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In this video, attorney Jacob J. Sapochnick Esq. discusses his new book, My American Job, designed to teach immigrants just like you how to land a job in the United States. Attorney Sapochnick came to the United States many years ago to fulfill his dream of studying and eventually practicing law in the state of California. After graduating law school, he learned just how difficult it was for a foreign national to get hired. In his book, Jacob provides helpful tips and strategies that will help you find your place in the American workforce.


Get advice and strategies on how to:

  1. Be prepared, physically, mentally and financially, to maximize your chances for long term job success;
  2. Overcome misconceptions and objections U.S. employers have about hiring foreign workers;
  3. Navigate the job application and interview processes;
  4. Land the job including how to leverage social media sites;
  5. Use LinkedIn, Facebook, Twitter, and Google Plus for job searching;
  6. Adapt to U.S. business customs, ideas, etiquette, and protocol;
  7. Read about the real life success of foreigners who now live and work in the U.S.

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In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I have a minor US Citizen child. Can I get a green card?

Overview:

This is a very common question. This question comes to us from a Chinese national who is currently in the United States on an H-1B Visa. This person asks: Can I get a green card based on the fact that I have a minor US Citizen child that was just born in the US?

In this situation because the child is under the age of 21, your child cannot file a petition for permanent residence on your behalf based on the fact that you have a minor child born in the United States. This is a very common misconception. Your child can only file for your immigration benefits once they reach the age of 21. A child must be at least 18 years old in order to petition for immigration benefits for their siblings, and then the sibling must wait for a visa number to become available based on the visa bulletin. You cannot obtain a green card just by having a US Citizen child. If you are in the United States on a visa you must find another way to remain legally in the United States until the US Citizen child reaches the minimum age or find another way to obtain a green card through employment. Parents of US Citizen children, residing in the United States unlawfully, can obtain cancelation of removal for their parents to shield them from deportation/removal proceedings. In this case the child does not need to be 21 years or older.

For more information about this topic please contact our office.

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In this video, attorney Jacob J. Sapochnick answers one of your frequently asked questions: I stayed overseas after my green card expired. Can I renew my green card?

Overview: 

This is a very important question that we often receive from our followers. Although the green card is a permanent resident card, there are certain rules you must follow to maintain your permanent resident status. If you leave the United States for more than one year, without obtaining a re-entry permit (a document that would preserve your residency), you may risk losing your green card.

In this particular situation, a person who has been out of the country for three and a half years is now at risk of losing their permanent resident status. There are two issues that arise with this situation. The first issue is that it is not going to be possible to renew the green card from overseas. Secondly, even if the green card had not expired, trying to re-enter the United States after such a long period of absence could be a problem. This is because the presumption is that you have abandoned your permanent residency, having been out of the country for so long.

Generally, persons who have stayed overseas for more than a year, but who maintain a valid unexpired green card, may apply for re-entry to the United States by applying for a returning resident visa called SB-1 at a U.S. Consulate overseas. To be successful, you must prove that you had circumstances that were beyond your control requiring you to stay overseas. This may be difficult to prove if you have stayed overseas for a prolonged period of time. The less time you spend abroad after the year, the easier it will be to obtain the SB-1 visa. You must also show that you are not abandoning your permanent residency.

If your green card has already expired and you are overseas, it will be very difficult to re-enter the United States, especially if you have stayed overseas for a prolonged period of time. In this situation you should consult with an attorney to discuss your options based on your situation.

Recap:

  • If you leave the US for more than a year without getting, for example, a reentry permit you may lose your green card.
  • Two issues: not possible to renew it overseas and it could mean you abandoned your residency.
  • Three years is considered a long time; card now is deemed abandoned. Best thing to do is to consult an attorney.
  • If your green card has not yet expired and you have stayed overseas for more than one year, you may be able to apply for the SB-1 Returning Resident Visa.

For more information about the SB-1, please contact our office.

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In this video, attorney Jacob J. Sapochnick Esq., explains the F-1 student visa application process by examining a successful student visa case. For more information about the F-1 student visa please click here. For a first consultation please contact our office.

Overview:

A student visa is a good option for foreign nationals who wish to enroll in a short course of study that is more than 18 hours per week. The F-1 visa is a temporary visa that allows a foreign national to pursue their academic studies and/or enroll in a language training program. First time student visa applicants must attend an in-person interview at a U.S. consulate abroad if they are living outside of the United States. Please note that each U.S. embassy and consulate has its own interview procedures for student visas. Please visit the website of the U.S. embassy or consulate near you for more information.

Requirements for a student visa

To qualify, an alien must meet the following requirements:

  • The student must be enrolled in an academic education program, not a vocational-type program;
  • Educational institution must be approved by U.S. Citizenship and Immigration Services (USCIS);
  • The student must be enrolled as a full-time student at the institution;
  • The student must be proficient in English or be enrolled in courses leading to English proficiency;
  • The student must have sufficient funds available for self-support during the entire proposed course of study; and
  • The student must maintain a residence abroad which he/she has no intention of giving up
  • The student must demonstrate that they have legitimate obligations to return to their home country by providing sufficient proof of ties home such as a letter of future employment, proof of assets, proof of insurance payments, etc.

For more information about this program, please contact our office. 

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In this video, attorney Jacob J. Sapochnick Esq., discusses the K-1 visa and the requirements to apply. For more information about the K-1 visa please click here. For a first consultation please contact our office.

Overview:

  1. In order to apply for the K-1 non-immigrant visa, the petitioner must be a United States Citizen. Legal Permanent Resident “Green Card” holders of the United States are not allowed to obtain a K-1 Visa for their foreign fiancee.
  2. Both the petitioner (U.S. citizen) and the beneficiary (foreign fiancee) must be free to marry. This means that if either has been previously married he or she must be either divorced or widowed, or else the marriage must be legally annulled. A valid divorce that took place in a foreign country qualifies as legitimate for U.S. immigration purposes. You must be prepared to provide documented evidence of any divorces that have taken place (final divorce decrees from the authorized legal entity).
  3. The petitioner and foreign fiancee must have the intent to marry within 90 days of the foreign fiancee’s arrival in the U.S.
  4. The petitioner and foreign fiancee must have met in person within two years prior to filing the fiancee visa petition with the U.S. Citizenship and Immigration Services. There is a hardship waiver available for this requirement, but it is extremely difficult to obtain. The fact that the petitioner is too busy with his work, children, sick parent, etc. will not be adequate to obtain the waiver. To qualify for a waiver, most often there is a medical condition that prevents the US citizen from international travel.
  5. The U.S. citizen petitioner must meet a minimum income requirement as outlined on Form I-864P, describing the poverty level set by Congress every year. If the U.S. Citizen petitioner DOES NOT meet the income requirement, they must obtain a joint sponsor. For more information about the poverty guidelines and affidavit of support please visit our website.

For more information about this program, please contact our office. 

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