In this video, attorney Jacob Sapochnick shares some exciting news: the EB-3 Philippines employment-based category has become current as of July 2019!
Since there is currently no waiting period for EB-3 Philippines, employers of Filipino nurses and other health care professionals, may now apply for the I-140 straight away, and applicants may file for their adjustment of status (green card).
Why is this change so exciting? Before this change, it could take a Filipino nurse eight or more years to work in the United States and obtain permanent residence. Since the EB-3 category is now current, the whole process could take as little as 10-12 months.
Because we do not yet know how long this category will remain current, we encourage Filipino nurses and their employers to take advantage of this narrow window of opportunity and file their I-140/I-485 petitions as soon as possible.
If you have any questions regarding this new change please contact our office.
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.
In this video attorney Jacob Sapochnick discusses how entrepreneurs come to America.
What are the available visa options for an entrepreneur to launch a startup company?
The O-1A:
One of the most common ways to launch a company in the United States is through the O-1A visa. This is a great option for entrepreneurs who have already established their reputation in their home country, have run a successful business abroad, and who wish to bring their unique talents and skills to the United States.
To qualify for an O-1A visa, the entrepreneur must demonstrate that they are exceptionally distinguished in their field or industry. This can be demonstrated by way of sustained recognition in the industry on a national or international level, or awards, titles, honorary distinctions, etc. The entrepreneur must also demonstrate that they have achieved a high level of expertise in their industry
The O-1A visa enables the entrepreneur to come to the United States to work for their own company, or for another company.
The L-1A:
Another great option is the L-1A visa. If you are a startup founder and you already have a company in your home country, and you want to launch in the United States, you can set up a subsidiary or an affiliate of your startup in your home country and come to the United States as an executive such as a CEO.
The E-2:
Alternatively, you may wish to apply for the E-2 visa as an investor of the startup company that you wish to launch in the United States. To qualify for this visa type, you must be a national of a foreign country that has a qualifying treaty of friendship, commerce, navigation, or similar agreement with the United States.
In addition, the investment must be made in a real, operating commercial enterprise or active entrepreneurial undertaking productive of some service or commodity. Paper organizations, speculative, or idle investments do not qualify as real operating enterprises or active entrepreneurial undertakings.
The TN:
If you are a citizen of Mexico or Canada, you can apply for a TN visa and be part of the company that you launch in the United States as an advisor or a higher-level position. The position that the entrepreneur will engage in must be a profession that is approved by NAFTA, and the entrepreneur must meet the qualifications for that position.
The E-1:
The E-1 Treaty Trader visa is a good option for entrepreneurs who wish to work in the technology sector. If you have a patent in your home country or have an idea to invest in the technology sector, and you are starting a company in your home county, you can set up a company in the United States as a founder without investing anything, because of the exchange of trade and technology.
National Interest Waiver
Company founders can apply for a green card by applying for a national interest waiver if you are a highly successful entrepreneur, and you can show the government that your level of innovation is at a high level.
Please visit our website for more information about these different options.
In this video attorney Jacob Sapochnick discusses a frequently asked question regarding the E-2 Investor Visa: Are loans or gifts a legitimate source of funds for the E-2 visa?
In order to get an E-2 visa as an investor in the United States, you must demonstrate that you will make a substantial investment in a new business enterprise or an existing business. As part of the application process, you must show the origin of the source of funds for that investment, and the source of those funds must be legitimate. Not all sources of funds will qualify for the E-2 visa. Many of our clients ask whether a gift of funds or a foreign bank loan will qualify as a legitimate source of funding for the E-2 visa.
Overview:
Are gifts a legitimate source of funds for the E-2 visa?
Yes, provided the investor has possession of the funds, and the funds are irrevocably committed to the investor by the giver of the gift. The person that has given the gift to the investor must provide documentation showing the source of those funds to prove that the funds came from a legitimate source.
In this video attorney Jacob Sapochnick talks visa options for entrepreneurs.
Overview:
In this video we cover four visa options that allow foreign entrepreneurs to live and work in the United States. These visa options also allow the foreign entrepreneur to bring his or her dependents to live with them in the United States.
Option #1 L-1 Visa for Executives, Managers, and Essential Employees:
There are two types of visas available under the L-1 category: 1) L-1A Intracompany Transferee Executive or Manager and 2) L-1B Intracompany Transferee Specialized Knowledge.
The L-1A category is a non-immigrant visa classification for aliens seeking to work in the United States in an executive or managerial capacity on an assignment of a temporary nature for a U.S. subsidiary or parent company of their foreign employer.
The L-1A visa classification allows a foreign company to transfer an executive or manager to the U.S. subsidiary or parent company. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company.
L-1B: If the alien is not employed in an executive or managerial capacity, the L-1B visa classification comes into play. To be eligible for the L-1B visa, the petitioner must demonstrate that although the alien is not employed in an executive or managerial capacity with the company, the alien possesses specialized knowledge and can represent the organization’s interests in the United States.
Both the L-1A and L-1B require the beneficiary to have worked abroad for the foreign employer for at least one year within the proceeding three years.
Pro: the L-1 visa leads to a green card
Option #2 E-2 Investor Visa:
The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities. Investment activities include the creation of a new business in the United States or investment in an existing enterprise. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.
By now you know that the H-1B cap has been reached for Fiscal Year 2019. But what happens if you were not selected in the H-1B visa lottery?
In this post, we will discuss some alternatives to the H-1B visa that will allow you to stay and work in the United States.
The O-1 “Extraordinary Ability” Visa:
This visa type is for aliens of extraordinary ability in the sciences, education, business, athletics, motion picture, television, or arts industries who have received national and/or international acclaim in their field. An alien on an O-1 visa may live and work in the United States for a period of up to three years.
An O-1 visa is a great visa for people in the start-up world and technology sector. This visa is for people holding an advanced degree (at least a master’s degree) who have either started their own business, have patented inventions, are leading experts in their fields, and/or have gained notoriety in their fields as evidenced by awards and other national recognitions.
TN Visa for Mexican and Canadian Nationals
The TN visa allows nationals of Mexico and Canada to work in the United States, provided their profession is on the NAFTA list. The maximum period of initial admission to the US is three years, but visa holders may apply for extensions in amounts of one year.
E-3 Visa for Australian Nationals
Similar to the H-1B visa, the E-3 classification allows Australian nationals to travel to the United States to work in a specialty occupation. Applicants must have a bachelor’s degree or its equivalent to qualify and must work in a specialty occupation often associated with the STEM occupational fields. The E-3 visa is issued for an initial period of no more than 2 years, with extensions granted in 2-year increments.
In this post, we discuss the top most commonly denied specialty occupations for the H-1B visa program. Don’t be caught in the dark. For more information just keep on watching.
These occupations have been repeatedly denied over the years during H-1B filing season.
Marketing Manager: It is very difficult to receive an approval with this occupation because USCIS has claimed that on the Occupational Outlook Handbook (OOH), the occupation of marketing manager does not require the individual to have a specific degree or a bachelor’s degree at all.
Business Development Manager: This occupation falls under the Market Research Analyst category. We have seen quite a few denials associated with this occupation within the past 2 years. It is difficult to receive an approval for market research analysts, and the rate of requests for evidence issued for this occupation have increased tremendously.
Legal Technical Writer/Technical Writers: We have seen increasing denials associated with this occupation since the last filing season. Extensions have also proved difficult to receive for this occupation. The common reason for denying this occupation is also that the OOH does not require the individual to have a specific degree or a bachelor’s degree at all.
Computer Programmer: Based on recent memos issued by USCIS it is very difficult to receive an approval for this occupation because USCIS does not think that a bachelor’s degree is required for this position.
Financial Analyst for Business: We have seen denials for financial analysts seeking to work for a business that isn’t involved in the financial sector. This applied in a situation where the beneficiary was seeking a financial position within a large restaurant. In this situation, USCIS has questioned whether the degree is a specialty occupation because although the position requires a bachelor’s degree, within the restaurant industry it is not common to require a degree for the position.
Sales Positions: It is very difficult to receive an H-1B for a sales position. We would recommend reconsidering applying for the H-1B visa, or changing your position based on your job description.
Arts and Fashion: Positions that are not specifically geared toward fashion design or graphic design are increasingly scrutinized by USCIS.
If you have questions regarding your H-1B position, please contact our office for a consultation.
In this video, attorney Jacob J. Sapochnick sits down with international business students studying at INSEAD, a graduate business school in France. Jacob asks them a burning question: Despite all of the obstacles foreign workers face in immigrating to the United States, and the President’s hard-line stance on immigration, are foreign workers still interested in living and working in the United States? Click here to join the conversation.
To learn more about the different visa services we offer please visit our website.
For a first time consultation please contact our office.
In this segment, attorney Jacob J. Sapochnick, discusses what an L-1A visa is, the requirements, and eligibility.
Overview:
The L-1A visa classification allows a foreign company to transfer an executive or manager to the U.S. subsidiary or parent company. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company. The L-1A requires the beneficiary to have worked abroad for the foreign employer for at least one year within the proceeding three years. The great thing about the L-1A visa is that there is no annual limit on the number of L-1A visas issued, and the L-1A visa is a “dual intent” visa meaning that the applicant may apply for a green card and become a permanent resident without jeopardizing his or her L-1 status.
To read more about the L-1A visa please click here.
In this video, our clients speak about their unique experience with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your first time consultation.
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