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As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.

April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.

Things to do before the application period begins:

1. Interview and find an employer who is willing to sponsor H-1B visa

This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.

 

Call us with any questions: 619-819-9204 or visit https://www.h1b.biz

As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.

April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.

Things to do before the application period begins:

1. Interview and find an employer who is willing to sponsor H-1B visa

This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.

Myth: H-1B process is so complex and lengthy that it is not even worth trying

Reality: Despite certain complexities of the process, an immigration lawyer will take the employers through each step of the application making it as easy and painless as possible. The immigration lawyer will also be able to advise the employers on the proper H-1B recordkeeping and compliance procedures to protect the employers’ interests.

Even though adjudication of H-1B visa may take some time, the employers are always given an option to apply for Premium Service with USCIS, which guarantees 15-day processing of H-1B visa petition. Of course, even though the petition is approved, the H-1B worker cannot use it until October 1, but there are exceptions for OPT holders, which will be described below.

Read More: https://www.visalawyerblog.com/2014/01/filing_tips_for_april_2014_h1b.html

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Whether you plan to come to the United States for a short visit or a permanent stay, your first step is to apply for a visa.

Many people think they can show up at a U.S. embassy or border post, describe why they’d make a good addition to U.S. society, and be welcomed in. Unfortunately, this is the exact opposite of how the U.S. immigration system works.

Read more here: http://bit.ly/1dXZNTU

Post by San Diego Immigration Lawyer, Jacob J. Sapochnick.

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Call us with any questions: 619-819-92 04. Our website is at https://www.h1b.biz
After last-minute changes to Assembly Bill 60 (AB-60), the California Senate and Assembly voted to pass the bill.

This bill will enable millions of people to get to work safely and legally,” Governor Brown said in a statement issued after midnight following the passage of AB-60. “Hopefully it will send a message to Washington that immigration reform is long past due.”
Under AB-60, the licenses would have the initials DP (driver’s privilege), rather than DL (driver’s license), and would state that the document “does not establish eligibility for employment or public benefit.” California’s Department of Motor Vehicles will determine what type of documentation will be required to obtain a driver’s license.

It will become effective most likely in late 2014.

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Watch this Video for Great Tip about Source of Funds for E2.

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The standards the US government considers for the E-2 visa include the requirements that:
Your investment must be “substantial”;
The stipulation that the enterprise may not be marginal means that your invested enterprise must have the capacity, present or in the future, to generate more than enough income to provide a minimal living for the E-2 visa investor and his or her family. The projected future capacity should generally be able to be reached within five years. In other words, if your investment can only make enough of money to support you and your families’ living, it would be deemed as marginal. Marginality can be documented through a strong and thorough Business Plan that documents the growth of the business, as well as the need and ability to hire additional U.S. workers.

Therefore, if the investor owns property abroad, it is suggested not to sell all assets to use for the E2. Keep some sort of additional funds or property to satisfy the Immigration service, you will support a substantial business.

Follow our E2 Visa section on the web: https://www.h1b.biz/lawyer-attorney-1137174.html
Your investment must be in a real and operating business and not a “paper company” or idle speculation;
Your investment may not be “marginal”;
You must have control of the funds used to purchase/operate the business and you must bear the risk of the investment.

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We have been using Facebook as a great tool to distribute information and reach out to clients. Our Fan page has over 87,000 fans and we are growing.

Over 13,000 people signed up for this mega webinar, and many thousands of folks from all over the world tuned in live on June 4th, 2013. During the Webinar Mari Smith, World Expert on Facebook gave a few examples of successful Facebook Pages, and http://www.facebook.com/myimmigration… is featured a good example of an active Law Firm page.

Let us know what you think.

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The current status is the H4 visa holders, spouses of H1B visas can not work. Why? This is the law.

The Department of Homeland Security proposes to amend its regulations by extending the availability of employment authorization to H-4 dependent spouses of principal H-1B non-immigrants who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or “stay” in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies.

Legislation is currently pending, the Bill is being reviewed and comments are processed. We will update you.

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Subscribe to our Channel for more Immigration Reform Updates.

Follow us on Facebook – http://www.facebook.com/myimmigrationlawyer for daily updates.

Many immigrants are not well-informed on how to prepare themselves for the possibility of Immigration Reform and of an earned pathway to citizenship passing into law due to language and barriers and other challenges. Too often, desperate people seek information and help from unauthorized legal practitioners (aka notarios), and sometimes unscrupulous, immigration practitioners who may take advantage of immigrants for monetary gain.

We hope this video will help you get ready.

We suggest –
Undocumented immigrants must know English
Start collecting documents to prove U.S. presence
Wait until immigration reform passes to apply
Talk to a licensed Immigration Lawyer. if you or your relative have deportation orders, or have been deported, meet with an experienced immigration attorney, get your immigration files, and plan for reform now.

Visit our Immigration reform resource page:
https://www.visalawyerblog.com/2013/04/new_immigration_reform_summary.html

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This is a Bootleg Version of the “Politically Speaking” NBC weekend show. In this segment Jacob Sapochnick and San Diego’s Chamber of Commerce President discuss the benefits of EB5 Regional Center investments in the region.

There are many advantages for business organizations that receive EB-5 Regional Center designation from the United States Citizenship and Immigration Services (USCIS). Becoming a Regional Center is an attractive way for a business project to raise low interest debt and in some situations equity. Raising capital via eb5 pilot program is quite unique as compared to traditional sources of funding and it is an ever evolving industry; the Eb-5 program started becoming more popular as lending became tougher in 2007. The requirements posed by the regulation creates guidelines and the Eb-5 market placed has created its own standards and norms over the past couple of years. Basically an evolution. Eb-5 is typically non-recourse which makes it attractive for certain developers or business owners. There are two ways of funding a project with Eb-5 Capital; a Direct Investment or a Regional Center. The Regional Center is more popular because the designation makes some USCIS requirements less stringent for EB-5 visa applicants. Regional Centers are held to more lenient job creation requirements than Direct EB-5 Investment which focuses on direct job creation. Rather than being required to create 10 direct fulltime jobs, Regional Centers can satisfy EB-5 job creation requirements by creating 10 direct, indirect, or induced fulltime jobs.

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Our EB5 Page: https://www.h1b.biz/lawyer-attorney-1135849.html