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Time to prepare for H-1B filing season

As an immigration lawyer, I’m here to simplify the upcoming changes in the H-1B visa filing process for the Fiscal Year 2025, making it easier for you to understand and prepare. The U.S. Citizenship and Immigration Services (USCIS) is introducing a new, beneficiary (employee) centric H-1B registration system.  In the past USCIS conducted the selection process by the registrations filed by employers.  Multiple employers were filing registration for the same employee.  Under the new H-1B registration system,  USCIS will conduct the selection process by unique beneficiaries (employees). This system should significantly reduce or eliminate the advantage of submitting multiple registrations for the same employee solely to increase the chances of selection and should give all beneficiaries an equal chance at selection.

Another change is an introduction of organizational accounts. This new USCIS platform allows online collaboration for employers and their legal representatives and submitting the H-1B registrations.  It was designed to streamline the H-1B filing process. It is important to start planning who will take the new roles of administrators, creation of different groups and associated legal representatives.  Initial H-1B registration period is scheduled from March 6, 2024, at 12 noon (ET) to March 22, 2024, at 12 noon (ET). Make sure to mark these dates on your calendar.

For the first time, the selected employers will be able to file the Petitions for Alien Workers (form I-129) with supporting documents online.  Starting April 1, 2024, all H-1B petitions will be subject to new fees. For employers with 26 or more full-time employees, the Form I-129 filing fee will be $780. Small employers (with 25 or fewer full-time employees) and nonprofit entities will be charged $460. Additionally, an asylum program fee is introduced to cover the costs of asylum adjudications: $600 for larger employers (26 or more employees), $300 for smaller employers and no fee for nonprofit organizations.  Starting February 26, 2024, the premium processing fee is increasing to $2,805

This shift towards a more transparent and efficient system is a crucial development for employers and prospective H-1B applicants. As always, planning ahead and understanding these changes are key to navigating the H-1B process successfully. If you’re an employer looking to sponsor an employee for H-1B visa or if you are an employee aiming for an H-1B status, our experienced H-1B immigration attorneys are here to guide you through the process. Schedule your consultation with an experienced H-1B immigration attorney TODAY at www.calendly.com/irena-3/30min

We look forward to talking with you and helping you!

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Upcoming new H-1B registration process

As we gear up for the H-1B registration and filing season, here’s a quick heads-up on what’s new and why reaching out to an immigration attorney might be your best move.

What’s Happening:

The H-1B registration process is getting a makeover! There are new procedures being implemented by the U.S. Citizenship and Immigration Service (USCIS) for the H-1B registration process.  USCIS is adding a collaboration platform to the H-1B registration system to allow more flexibility for employers.  The employers will be able to do the entire H-1B filing online.  It is important to plan ahead.

Key Dates:

Keep an eye on crucial dates. The H-1B registration will start in March.  USCIS is planning to make the new H-1B collaboration platform accessible in February.  Understanding the timeline is essential to ensure you don’t miss anything that will result in denial. Mark your calendars for the upcoming registration and filing deadlines.

New Procedures:

The H-1B registration process has evolved, and there are updates you need to be aware of. From the new H-1B registration system to the filing procedures, you need stay informed for the successful H-1B process.

Why Consider an Immigration Attorney:

With upcoming changes, having an immigration attorney by your side can make the process smoother.  An immigration attorney is the go-to expert, helping you navigate the complexities of the new H-1B process and ensuring the successful H-1B approval.

Get in Touch:

Don’t hesitate to reach out! If you’re an employer looking to sponsor an employee or if you are an employee aiming for an H-1B, our immigration attorneys are here to guide you through the process. Schedule your consultation with an experienced H-1B immigration attorney at www.calendly.com/irena-3/30min

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Marriage green card for a Canadian citizen approved in 5 months

As an immigration attorney, I have had the privilege of helping hundreds of couples navigate the complexities of the U.S. immigration system to achieve their dreams of being together. Each case is unique, but one particular success story stands out. In this blog, I’d like to share how we achieved the approval of a marriage-based green card for a Canadian-American couple in just 5 months, despite the typical 14.5-month processing time. Their love story is a testament to the power of love and efficient legal assistance.

  1. A Whirlwind Romance: The story begins with my clients, a Canadian citizen and an American, who fell in love after a brief period of dating. Their love was undeniable, and they decided to get married, even though their courtship had been relatively short. (This may be a red flag for USCIS). Their love story was truly extraordinary and heartwarming.
  2. Navigating Immigration Challenges: The couple’s challenge was the U.S. immigration process, which can be daunting, especially for couples who wish to avoid prolonged separation. For most marriage-based green card applications, the USCIS processing times can be quite lengthy, averaging 14.5 months. This couple was determined to stay together and not let bureaucratic delays stand in the way of their dreams.
  3. The Role of an Experienced Attorney: Their key to success was enlisting the help of an experienced immigration attorney. I firmly believe that professional legal guidance is crucial when dealing with the intricate immigration system. My commitment to enabling love stories like this one is what drives me every day.
  4. Building a Strong Case: Working closely with the couple, we compiled a comprehensive and compelling green card petition. We gathered evidence of their bona fide relationship, financial stability, and shared life plans. It was essential to present a strong case that demonstrated their genuine commitment to each other.
  5. The Moment of Triumph: In just five months, we received the green card approval. This was a remarkable achievement, considering the typical processing time. The couple’s joy and relief were palpable, and their love story could continue without any more disruptions.

Conclusion: This love story is a testament to the power of love and the importance of skilled legal assistance in the immigration process. Love should not be restricted by bureaucratic hurdles or prolonged separations. When couples have a genuine relationship and the right legal guidance, they can defy the odds and make their dreams a reality. This couple’s journey is a shining example of how love can conquer even the most significant challenges, and I am honored to have been a part of their success story.

If you would like help with your marriage green card case or explore the best visa or green card options for you, schedule a consultation today with an experienced immigration lawyer or contact us at the Juras Law Firm office at 480-425-2009!  We look forward to talking with you and assisting you in obtaining your green card!

 

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Success Stories Architect’s NIW Approved in 13 Days

The National Interest Waiver (NIW) offers qualified individuals the opportunity to petition for a green card without the need for a job offer from an employer. In this case study, we explore the petition of our immigration law firm‘s client, a highly accomplished professional in the field of sustainable architecture.

Upon reviewing his resume, it became evident that he was an ideal candidate for the NIW. Holding a Ph.D. in arid lands resource sciences, a master’s degree in architecture, and a bachelor’s degree in architectural engineering, his academic background showcased specialized knowledge in sustainable architecture, energy conservation, and design principles. Holding an advanced degree is a requirement for obtaining an NIW.

Architect

Now, let’s examine the three prongs that must be met for USCIS to waive the normal job offer and labor certification requirements for a green card.  First, his proposed endeavor must have substantial merit and national importance. Our client’s endeavor as Senior Lecturer and Faculty Advisor in the Master of Science in Architecture Graduate Program fits the criterion perfectly.  It plays a  role in the urgent fight against climate change by shaping future professionals to lead the charge in reducing architecture’s impact on the environment.  Furthermore, his proactive approach to conducting research and disseminating knowledge beyond his university promotes sustainable practices in the field of architecture.  The university’s trust in his expertise is evident, as he was entrusted with assisting in establishing a state-of-the-art carbon-zero energy environmental research laboratory and revising the environmental and technology curriculum – both critical steps in advancing the fight against climate change.

Our client’s second endeavor as Senior Project Manager in a reputable architecture firm, with a strong focus on sustainable design, is also of substantial merit and national significance.  It has the potential to make considerable strides in reducing the carbon footprint of U.S. communities.  As a leader and advisor to a team of professionals involved in sustainable architectural projects, he plays a crucial role in ensuring adherence to sustainable practices. These projects have the potential to positively impact education and medical access for numerous communities across the United States.   His leadership and guidance in this endeavor are of paramount importance to achieving sustainable outcomes that will benefit communities for years to come.

Both of our client’s endeavors are vital to the fight against climate change, an Immediate Priority Announced by the Current United States Administration. His academic and advisory responsibilities play a crucial role in meeting the demands of science and promoting sustainable practices in the field of architecture. Supported by overwhelming evidence and numerous references from experts in the field, his work holds significant merit and national importance, which certainly helps him qualify for a National Interest Waiver.

Second, we need to demonstrate that he is well-positioned to advance his endeavors. Our client’s advanced degrees in sustainable architecture, along with over ten years of experience in the field, recognition for achievements by distinguished individuals and organizations, and relevant professional memberships and publications, all demonstrate that is well-positioned to advance his endeavors. He has spent the last decade focused on sustainable, energy-efficient design, contributing to projects like Leadership in Energy and Environmental Design (LEED), High Performance Sustainable Building (HPSB) and net-zero buildings design. Moreover, he has a track record of conducting architectural design analysis and implementation through computer simulation for existing and new buildings, actively engaging in research, mentorship, interdisciplinary collaborations, current debates, and staying informed about current developments. He also contributes to the industry through conference papers and published peer-reviewed works while serving as an experienced reviewer of scholarly work and research proposals.

Last, we must show that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification. Our client’s exceptional achievements in sustainable architecture have resulted in significant benefits to major industries in the U.S. and beyond. His contributions extend beyond his roles as Senior Lecturer, Faculty Advisor, and Senior Project Manager. He also dedicates himself to teaching and mentoring future leaders, conducting research, publishing, presenting, and serving as a leader in leading professional associations. Denying him a National Interest Waiver and permanent residence solely because another individual may be “minimally qualified” for his specific job would be unjustifiable.

His exceptional knowledge and skills in technology and business, particularly in design and energy conservation, have led to remarkable and documented advancements in sustainable architecture, as recognized by top academic experts and published throughout the industry. Such a level of achievement and a unique combination of skills and knowledge cannot be easily articulated in a labor certification application, where employers must state only the minimum requirements and search for a minimally qualified worker, rather than someone who has the proven ability to substantially advance an entire field forward. Based on the overwhelming evidence documenting the above, our client met the requirements for a National Interest Waiver, and his petition was approved in just 13 days.

Please note that this article does not constitute legal advice. We have simplified the law to provide general information about one National Interest Waiver case.  If you would like to determine if you qualify for the National Interest Waiver or explore the best visa or green card options for you, schedule a consultation today with an experienced immigration lawyer or contact us at the Juras Law Firm office at 480-425-2009! We look forward to talking with you and assisting you in obtaining the National Interest Waiver and green card!

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Success Stories: NIW for Researcher Approved in 13 Days

As an immigration attorney, I am thrilled to share an exciting success story. Recently, I had my client’s National Interest Waiver petition approved in just 13 days. This achievement not only underscores my client’s exceptional qualifications but also showcases my commitment and expertise.

In this blog post, I will examine this case in detail. Many clients come to my office to explore eligibility for the National Interest Waiver because it allows them to bypass the usual employment-based green card requirements of a job offer and the lengthy labor certification process. In order to qualify for the National Interest Waiver (NIW), the professionals need to hold an advanced degree and provide evidence that they meet the following three criteria: (i) their endeavor has both substantial merit and national importance, (ii) they are well positioned to advance the endeavor and (iii) on balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements. That’s where we come in when you contact us!

NIW for Geologist

I determined that my client, with his impressive academic background and significant contributions to the field of geology, was a strong candidate for the NIW. First, we submitted extensive documentary evidence establishing that the impact of my client’s research on the furtherance of human knowledge, especially the evolution of the solar system and prediction of climate change, has both substantial merit and national importance. My client holds a Doctor of Philosophy degree in Geology. He is working on two fully funded federal grants in his role as Assistant Research Professional.  Notably, his work on a NASA grant focuses on examining the impact history of the moon, providing humanity with a more complete picture of the evolution of the solar system, the Earth, and the Moon. Additionally, my client secured a National Science Foundation grant that facilitated the purchase of advanced equipment. This equipment allows him to push the boundaries of microanalytical techniques. We thus established that my client meets the first criterium.

Second, we submitted overwhelming evidence that my client is well-positioned to advance the endeavor. My client has a Ph.D. in geology. His research culminated in many research papers that were published in notable scientific journals. His research has been referenced by many articles utilized by other scientists. He collaborates with various external clients from numerous national and international universities. His two main research projects are focused on the evolution of the surface of Mars. Understanding these surface conditions and environments of Mars is important in humanity’s efforts for the future colonization of Mars. As such, he is well positioned to advance research furthering human knowledge, especially the evolution of the solar system and the prediction of climate change. Based on the above, he meets the second criterium.

Third, my client was hired as the top candidate in the advertised competitive search. Our immigration lawyers submitted support letters confirming that none of the U.S. candidates – many from top U.S. universities – provided the same level of accomplishment and promise as my client. We established with overwhelming evidence that my client offers contributions of such value that, he will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications even if other qualified U.S. workers are available.  Accordingly, it would be beneficial to the United States to waive the job offer and labor certification requirement. The waiver of the job offer is in the national interest.  Accordingly, my client met the third criterium. We have demonstrated that my client’s contributions in the Earth and Space science field are of such unusual significance that they merit the special benefit of an interest waiver.

Please review our other post discussing some of our other National Interest Waiver cases: click here (NIW for Senior Power System Engineer) or here (NIW for Mining Engineer).

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about the National Interest Waiver.  If you would like to discuss if you qualify for the National Interest Waiver or what is the best visa or green card option for you, schedule a consultation with an experienced immigration lawyer in Scottdale, Arizona or call the Juras Law Firm office at 480-425-2009! We look forward to talking with you and helping you obtain the National Interest Waiver and green card!

 

 

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Visa Fees Will Increase on June 17, 2023

Starting from June 17, 2023, the fees for certain types of temporary (non-immigrant) visas will increase. The fees for visitor visas for business (B-1) or tourism (B-2), student visas (F), exchange visitor (J) visas, and certain temporary worker visas will go up by different amounts. For example, the fee for a visitor visa (B) and other visas (F, J) that do not require a petition to be filed with USCIS will increase from $160 to $185. The fee for temporary worker visas such as H, L, O, P, Q, and R, which do require an approved petition, will increase from $190 to $205. The fees for E visas will increase from $205 to $315.If you have already paid your visa fees before June 17, 2023, the amount you paid will still be considered valid until the expiration date on your fee receipt.

If you would like to discuss if you are eligible to apply for any of the temporary (non-immigrant) or permanent (immigrant) visas, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ today or call our office at 480-425-2009!  We look forward to talking with you and helping you get your U.S. visa; contact us now!

 

 

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“Pooled Direct” EB-5 Investments No Longer Allowed

Under the EB-5 Reform and Integrity Act of 2022, any EB-5 project with more than one EB-5 investor must be sponsored by a Regional Center. The “Pooled Direct” investment schemes were thus eliminated.

Those “pool direct” investments became popular during the eight-month lapse of the Regional Center program (June 30, 2021 – March 15, 2022)

EB-5 Visas

Petitions filed before March 15, 2022 are grandfathered, but USCIS is rejecting petitions filed on or after March 15, 2022 based on a pooled, non-regional center investment.

Please note that this article does not constitute legal advice from a professional immigration lawyer.  We at Juras Law Firm, PLC have simplified the law to provide general information about one aspect of EB-5 program.  If you would like to discuss if you are eligible to apply for EB-5 green card or need help obtaining EB-5 green card, schedule a consultation with an experienced EB-5 immigration lawyer in Scottsdale, AZ today! We look forward to talking with you and helping you get your EB-5 green card!

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Employ Foreign Workers Under a J-1 Program

Are you looking for more options to employ foreign workers in the United States? Beyond workers earning a green card through employment, one of the options may be through a J-1 program.  You can either apply to be designated as a sponsor.  You must have a responsible officer with at least 3 years of experience in international exchange, have experience in operating a successful business, present financial statements or audit report, meet financial obligations and responsibilities of the exchange visitor program, and demonstrate your ability to comply with the regulations of the exchange visitor program.  The processing time is over 4-6 months.  Alternatively, you may participate in a J-1 program as the host organization that conducts training or internship programs according to an agreement with the designated sponsor.

J-1 program is for the following foreign workers: professors and research scholars, short-term scholars, trainees or interns, college and university students, teachers, secondary school students, nonacademic specialists, foreign physicians, international visitors, government visitors, camp counselors, au pair and summer students in a travel and work program. An immigration law firm can help you learn more!

J-1 Employment

Please note that this article does not constitute legal advice. We at Juras Law Firm, PLC have simplified the law to provide general information about J-1 program.  If you would like to discuss if you are eligible to apply for J-1 sponsor designation or need help hiring foreign workers through J-1 program, schedule a consultation with an experienced J-1 immigration lawyer in Scottsdale, AZ today or call our office at 480-425-2009! We look forward to talking with you and helping you hire foreign workers through J-1 program!

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EB-5 Investments Have Increased

The minimum capital investment amount for EB-5 green card has increased to $1,050,000 and to $800,000 for investments in targeted employment area and infrastructure projects.  The minimum investment amounts will be automatically adjusted for inflation every five years.  The EB-5 Reform and Integrity Act of 2022 brought some other changes and re-authorized the Regional Center Program until September 30, 2027.

EB-5 Investment

Please note that this article does not constitute legal advice from our law firm. We simplified the law to provide general information about EB-5 green card process.  If you would like to discuss if you are eligible to apply for EB-5 green card or need help obtaining Eb-5 green card, schedule a consultation with an experienced EB-5 immigration lawyer in Scottsdale, AZ today or call the Juras Law Firm, PLC office at 480-425-2009! We look forward to talking with you and helping you obtain EB-5 green card!

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Visa for Medical Researchers or Physician’s Assistants

Foreign medical graduates may be eligible for an H-1B visa if they have an invitation from a public or nonprofit private educational or research institution or agency to teach and conduct research, or if coming as a clinical physician and have passed (i) the licensing administered by the Federation of State Medical Boards of the US or an equivalent and (ii) English language proficiency test given by ECFMG.

If the foreign physician is not coming to the U.S. to perform services as a member of the medical profession (e.g., administrator of a drug company), the certifying exam is not required. A physician’s assistant or medical researcher is not eligible for an H-1B visa if they are involved in any manner whatsoever in direct patient care.

Another option may be a J-1 visa or under certain circumstances a B-1 visa.

Visa for Medical Researchers

A medical doctor otherwise classifiable H-1 as a member of a profession whose purpose for coming to the United States is to observe U.S. medical practices and consult with colleagues on the latest techniques may be eligible to visit the U.S. as a B-1 visitor for 60-90 days provided no remuneration is received from a U.S. source and no patient care is involved.

Please note that this article does not constitute legal advice from our law firm.  We simplified the law to provide general information about some visa options for foreign medical physicians.  If you would like to discuss what is the best visa option in your circumstances or need help obtaining a visa for a foreign medical graduate, schedule a consultation with an experienced immigration lawyer in Scottdale, AZ or call the Juras Law Firm, PLC office at 480-425-2009! We look forward to talking with you and helping you obtain a visa for a foreign physician!