Articles Posted in Non immigrant Visas

by

https://www.youtube.com/watch?v=mUZ6U-Wasd4

The H-1B cap season is now in full swing. Electronic registrations for the fiscal year 2025 H-1B work visa lottery opened on March 6th and will close at noon eastern time on March 22nd.

If you want to know how you can prepare for the upcoming lottery and learn about the recent changes made to the program, we invite you to watch our video.

Overview

The H-1B visa program is one of the most common work visas for professionals seeking to work for U.S. employers in specialty occupations that require a bachelor’s degree or the foreign equivalent. Every year, during the month of March, 65,000 H-1B work visas are up for grabs, and an additional 20,000 visas are available for those holding a U.S. advanced degree (master’s degree or higher from accredited U.S. institutions of higher education).

Those who wish to have a chance of being selected must submit an online electronic registration before the deadline of March 22nd.  Once the registration period has closed, USCIS will select enough registrations to meet the annual H-1B visa cap from the pool of applicants who have registered.

About the Electronic Registration System

The online electronic registration system was first introduced by USCIS in 2019 to streamline the H-1B selection process, without requiring U.S. employers to first submit complete paper filings by mail.

The electronic registration process allows U.S. employers and their prospective employees to first compete for the limited number of H-1B visas available, and once selected U.S. employers can submit complete filings to USCIS on behalf of the foreign worker.

Continue reading

by

Do you have a visa that has been pending for an unreasonable period at a U.S. Consulate or Embassy abroad, or perhaps that has been stuck in administrative processing for years with no decision? If so, you may be interested to learn of possible solutions to resolve your case matter.

In this video, attorney Jacob Sapochnick tells you everything you need to know about this important topic, including a discussion about the writ of mandamus lawsuit, and how it can help compel a decision in certain cases where there has been an unreasonable delay.

If you would like to know more about this topic, we invite you to watch our video.

Overview

Mandamus Lawsuits for Immigration Delays

A mandamus lawsuit also known as a writ of mandamus, is filed in federal court to compel a government body to fulfill their legal duty, for instance by issuing a decision on a visa application or immigration benefit, that has been unreasonably delayed by the agency.

The purpose of the mandamus lawsuit is to hold the government accountable where they have failed to act, as required by U.S. immigration law, to make a decision on an application. In cases where the U.S. Citizenship and Immigration Services (USCIS) or the Department of State (DOS) has failed to fulfill its duty, the mandamus lawsuit may be appropriate to help move a case forward to its final decision.

Continue reading

by

If you are in participating in the H-1B visa program as an employer or beneficiary, you may be interested to learn all about the recent changes being made to strengthen the program and improve the H-1B registration selection process. Recently, the Department of Homeland Security published a final rule in the Federal Register, which will go into effect on March 4, 2024, just in time for this year’s H-1B cap season to kick off.

Learn all about these changes in this video, including filing fee increases and new fraud prevention measures being implemented to ensure H-1B beneficiaries have an equal chance of being selected in this year’s lottery.

Overview

FY 2025 H-1B Registration Period Begins at Noon ET March 6, 2024

The initial registration period for the FY 2025 H-1B cap season will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024. During the registration period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary ($10 per registration and $215 per registration starting in fiscal year 2026).

Final Rule Brings New Changes to the H-1B Cap Electronic Registration Process

In anticipation of the H-1B cap season, on January 30, 2024, the United States Citizenship, and Immigration Services (USCIS) announced the publication of the final rule, “Improving the H-1B Registration Selection Process and Program Integrity.”

The purpose of the final rule is to strengthen the integrity of the program and reduce the potential for fraud in the H-1B electronic registration process, to prevent beneficiaries or their employers from gaming the electronic registration process to their advantage.

Continue reading

by

In this video, attorney Jacob Sapochnick discusses the advantages and disadvantages of the H-1B temporary work visa versus the EB-3 immigrant visa for professionals.

We will dive into the differences between them and the factors that you may want to consider when evaluating which process might be right for you.

If you would like to know more about this topic, we invite you to watch our video.

Overview

If you are looking for opportunities to live and work in the United States, it is a good idea to carefully research the visas that are available to you and speak with a qualified immigration attorney to help you navigate through any visa alternatives that could benefit you.

Narrowing your search and having a thorough understanding of the most suitable visas for you will give you the knowledge and insight that you will need to comfortably approach a U.S. employer for a potential job offer and employment sponsorship.

Foreign workers typically find that U.S. employers, especially start-ups and smaller companies, are unfamiliar with the process of sponsoring a worker for a visa. That means that the worker will need to be familiar enough with the process to put their best foot forward during negotiations. Workers must be prepared to present different options to employers.

Our employment-sponsorship videos provide tips to empower you and make your job search more efficient in 2024. We hope you will share them with anyone who may benefit.

The H-1B Work Visa

We begin our discussion with the H-1B work visa. This is a temporary nonimmigrant work visa type that allows U.S. employers to petition and hire foreign workers with specialized skills for a specific period of time. To qualify for this visa type, foreign workers must have at least a bachelor’s degree or its equivalent and be employed in a specialty occupation relating to their field of study.

H-1B workers are typically employed in STEM fields, as scientists, engineers, computer programmers, software developers, and technology workers, but other fields may qualify that require specialty knowledge. This visa type also allows employers to sponsor professional fashion models of distinguished merit or ability.

Continue reading

by

In this video, attorney Jacob Sapochnick discusses a very important topic in immigration law: How can E2 treaty investors avoid application denials?

Many E2 investors looking to start their businesses in the United States frequently ask, what is the minimum amount of investment that is satisfactory to the immigration authorities for the E2 treaty investor program, and how can I maximize my chances of success?

If this topic interests you, please keep on watching our video.

Overview

Minimum Investment Amounts

One of the most common reasons for an E2 visa denial is where the applicant fails to demonstrate that they have made a “substantial” investment in their business venture.

A substantial investment is defined as one that is:

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

Continue reading

by

In this video, attorney Jacob Sapochnick discusses the top 5 reasons a U.S. immigrant may be subject to deportation in the year 2024 and how to avoid falling into these circumstances.

If you would like to know more about this topic, we invite you to watch our video.

Overview

There are several reasons that may lead immigration to start the process of deporting an immigrant from the United States to their country of origin. Removal may occur because of certain actions undertaken by the foreign national that violate the immigration laws of the United States.

One of the most common scenarios is where the foreign national did not have the right to be in the United States in the first place. But this is not the only reason a person may be subject to deportation. Other reasons may include crossing the border illegally or even overstaying a U.S. visa beyond your authorized period of stay.

Here we discuss the top 5 most common reasons that may lead to deportation.

Continue reading

by

In this video, attorney Jacob Sapochnick discusses a new press release shared by the Department of State which provides insights on the status of visa operations worldwide during fiscal year 2023. The report highlights that from October 2022 through September 2023, DOS issued more than 10 million visas worldwide, with half of U.S. Embassies and Consulates around the world issuing more visas than ever before.

In this post, we provide a summary of the agency’s impressive achievements and visa statistics over the past fiscal year.

If you would like to know more about this topic, we invite you to watch our video.

Overview

According to the press release, the Department of State hit a near historic record, issuing more than 10.4 million nonimmigrant visas worldwide in fiscal year 2023.

Nearly 8 million visitor visas were issued for business and tourism – more than in any fiscal year since 2016.

Continue reading

by

Wouldn’t it be nice if you could get your U.S. Visa renewed inside of the United States without having to visit a U.S. Embassy or Consulate abroad?

This may soon become a reality based on a new pilot program announced by the Department of State for certain workers renewing their visas.

Overview

Visa stamping refers to the process of renewing a U.S. visa for foreign nationals working in the United States in certain visa categories. Traditionally, foreign workers must return to their home country and visit their local U.S. Embassy or Consulate to schedule an appointment and renew their U.S. visas. However, the vast majority of U.S. Embassies and Consulates have significant visa interview backlogs which delays the visa renewal process significantly and increases the visa backlog.

To provide relief for visa renewal applicants, the State Department recently announced the launch of a new pilot program that will allow a limited number of H-1B specialty occupation workers the opportunity to renew their visas from inside the United States, effectively decreasing work interruptions and such visa stamping delays.

Continue reading

by

Former President Donald J. Trump has launched his campaign for a second presidential term in 2024. His announcement creates important implications for immigration considering that he is likely to win the Republican nomination in the presidential race.

In this video attorney Jacob Sapochnick tells you all you need to know about his contentious new immigration plan, ahead of the election.

Overview

It is no secret that during his presidential term Donald Trump took a hardline stance on immigration which led to restrictive immigration policies that impacted thousands of immigrants and nonimmigrants worldwide.

As part of his presidential campaign, Trump recently unveiled his immigration proposals, including new measures that would create further challenges for immigrants to obtain visas to the United States. If he were to be re-elected to the office of the President, such measures would be concerning for people everywhere.

What are some of Trump’s immigration proposals if he were re-elected in 2025?

Among Donald Trump’s immigration proposals, he seeks to prioritize securing the U.S. border to prevent illegal immigration to the United States from Mexico, as well as passing a host of controversial policies limiting legal immigration.

Getting Tough on the U.S. Mexico Border

  • Trump proposes a naval blockade by the Coast Guard and U.S. Navy to stop drug smuggling boats in U.S.-Latin America waters.
  • Drug cartels would be designated as “unlawful enemy combatants,” which would allow U.S. military intervention in Mexico.
  • Completion of the Southern border wall which was part of his immigration agenda as President

Continue reading

by

 

Would you like to know how you can renew your U.S. visa in 2023? If so, then this video is right for you.

Overview

Your U.S. visa has expired and now it’s renewal time. In this video, attorney Jacob Sapochnick discusses the general process of applying to renew your U.S. visa in 2023 at a U.S. Consulate or Embassy overseas.

Please note that there are hundreds of different U.S. visa categories that have their own eligibility criteria and renewal requirements. The information provided here does not, and is not intended, to constitute legal advice. To obtain legal advice on your particular facts, case, or circumstances, please consult with a licensed immigration attorney.

For visa specific information and documentary requirements, applicants may contact their closest U.S. Embassy or Consulate.

Visa Renewal Steps

Here are the main steps that any applicant must take when renewing their visa at a U.S. Consulate or Embassy abroad.

Step One: Make sure that you qualify for your U.S. Visa Renewal

First and foremost, regardless of your visa type you must be prepared to provide documentary evidence to the Consular official to prove that you remain eligible for the renewal of your visa.

For example, if you are renewing a student visa you must provide your updated Form I-20 Certificate of Eligibility for Nonimmigrant Student Status to show that you remain eligible to study in the United States. If you are applying to renew your tourist visa, you must continue to demonstrate your eligibility such as proof of temporary stay, strong ties to your home country, proof of sufficient finances to cover your temporary stay, etc.

Continue reading