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Our attorneys can represent you in U.S. immigration matters regardless of where you are located because U.S. immigration law is federal: you can be in any state, or in any country in the world.
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The USCIS has interpreted the regulations to deem an H-1B nonimmigrant "quota exempt" who works "at" a quota exempt institution, even if he or she works for a non-exempt employer, under certain circumstances, as discussed in this article.
The following is the Notice regarding the Presidential Determination on FY 2008 Refugee Admissions Numbers
The California Service Center has confirmed that H-1 and H-4 nonimmigrant who were granted Advance Parole, left the U.S., and re-entered pursuant to a grant of Advance Parole may apply for an extension of the H-1 or H-4 status (provided there is an approved petition).
The following is a list of the Administrative Appeals Office (AAO), Processing Times as of October 24, 2007
The H-1B quota cap for 2010 (i.e., for employment starting October 1, 2010) was reached on or about December 21, 2009.
This year the H-1B quota ran out on the very first day! In fact, there was such a deluge of H-1B applications that the USCIS was forced to run a lottery to decide who among the applicants would receive a coveted H-1B visa. As a result, many applicants who applied on the very first day were unable to get an H-1B visa. Therefore, if you want to have a chance of obtaining an H-1B visa, your best bet is to qualify under one of the quota exemptions listed below. Best of all, if you qualify for an H-1B exemption, you can proceed with your H-1B petition immediately, to start work now (either immediately upon approval of the H-1B petition or upon receipt of the petition if you qualify for portability), without having to wait for the next fiscal year!
All U.S. Permanent residency (“green card”) petitions filed by or for an employment based immigrant, which require an offer of employment, MUST BE accompanied by evidence that the prospective U.S. employer has the ability to pay the proffered wage. This section of this website addresses various issues related to the employer's “ability to pay”.
The INS, the predecessor to the USCIS, published a Memo which discusses important issues regarding the travel of H-1B and L nonimmigrants who have been granted Advance Parole.
For EB5 Investors, investing in "Regional Centers" provides key advantages. We have compiled a list of "Active" EB5 Regional Centers.
In order for a foreign citizen to be able to apply for an E-1 Treaty Trader visa, or an E-2 Treaty Investor visa, the U.S. must have a requisite treaty with the foreign citizen's country of citizenship. The following list identifies which countries have E-1 and E-2 treaties with the U.S. It was compiled by the U.S. State Department, as of 1/23/2006.
You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.
Use this form to search for H1B Visa employers.
Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.
Use this form to search for "FMG Friendly" employers in a given state.
One of the most common methods of obtaining U.S. Permanent Residency (also known as a “green card”, or an “immigrant visa”)--for persons who do not qualify based on family relationships--is through an employment based petition. There are various employment based avenues (i.e., immigrant categories) for obtaining U.S. Permanent Residency.
U.S. immigration law allows for the immigration of foreigners to the United States based on some family relationships to a U.S. citizen or legal permanent resident. If you can meet the requirements, this is one of the most practical ways to obtain a green card.
If you possess an advanced degree (i.e., generally considered to be a "Masters Degree" or higher), or an equivalent foreign degree, and you have a U.S. employer who is offering you a full time position which requires that type of degree (this may be waived in the National Interest), then you may be able to qualify for U.S. Permanent Residency under the EB-2 category for individuals with "ADVANCED DEGREES".
E visas are very useful visas for investors, executives, managers, supervisors, or highly specialized personnel who are citizens of countries which have a certain type of treaty with the U.S. which provides for these types of visas ("treaty countries"), and who invest in or are employed by companies which also have the nationality of the same "treaty country"; and meet other requirements.
The E-3 is a visa category for Australians only who are going to the U.S. to work temporarily in a "specialty occupation". A key advantage is that it allows Austrialians to avoid the H-1B quota which often runs out quickly.
The H-1B1 is a special visa for citizens of Singapore only. It is similar to an H-1B visa. Its key advantage is that it allows Singaporean citizens to avoid the H-1B quota which often runs out quickly.
You may be able to qualify for a fast track Green Card (EB1) if you are an executive or manager who will be employed in the U.S. in an executive or managerial position by a company, or affiliate or subsidiary of a company, which employed you outside the U.S. in a managerial or executive capacity (a) for at least 1 year in the past 3 years if you are currently outside of the U.S., or (b) for at least 1 year in the 3 years preceding your entry into the U.S. if you are currently in the U.S.
PHYSICIANS applying for U.S. visas, and U.S. Permanent Residency (green cards), have special requirements and issues that must be addressed, which apply exclusively to physicians. This section is dedicated to addressing the special needs of physicians in U.S. Immigration matters.
Under "Schedule A", these qualified individuals are deemed to be "pre-certified" and do not have to undergo the Labor Certification procedure (which is often quite lengthy).
If you already have a green card, there are certain precautions you should take to keep it, i.e., not have the government take it away.
A Re-entry Permit is a document issued by the USCIS to lawful permanent residents ("green card" holders) as a travel document. Green card holders use re-entry permits to re-enter the U.S. after travel of one year or more.
Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status or other benefits. This section discusses various issues regarding Advance Parole.
Our Immigration Handbooks provide an overview of key U.S. immigration topics. Including: Travel Without a Visa; Temporary Visas (Work Visas, Student Visas, Tourist Visas); Permanent Residency (Green Cards); Labor Certification; Temporary Protection; U.S. Citizenship; Enforcement; Occupations; Other Matters.