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National Interest Waiver 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 the eligibility for the National Interest Waiver because it allows them to bypass the usual employment based green card requirements of a job offer and 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.

I determined that my client, with his impressive academic background and significant contributions in 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 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.  is reserachHis 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 are important in humanities 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 prediction of climate change.  Based on the above, he meets the second criterium.

Third, my client was hired as the top candidate of the advertised competitive search.  We 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 State to waive the job offer and labor certification requirement.   The waiver of the job offer is in the national interest.  Accordingly, my client me 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 olther post discussing some of out 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 TODAY 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 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!

 

 

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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!

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Green Card Lottery Registration Ends on November 9, 2021 (12 PM EST)

The online registration period for the 2023 Diversity Visa Program (DV-2023) has started on October 6, 2021. For Fiscal Year 2023, up to 55,000 diversity visas (DV) will be available. As an immigration law firm, Juras Law Firm, PLC wants to make sure all prospective applicants are aware of this deadline.

Green Card Deadline

You have to be a native of a country with historically low rates of immigration to the U.S. and have at least a high school education or its equivalent, or 2 years of work experience within the past 5 years in an occupation that requires at least 2 years of training or experience to perform.

The results will be available on May 8, 2022. All selected applicants must obtain their visa or adjust their status by the end of the fiscal year 2023, which is from October 1, 2022, through September 30, 2023. Contact us in Scottsdale, AZ if you have any questions!

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Success Stories: E-3 Approved in Two Days

My client owns and operates a mine in Arizona and wanted to hire a Senior Vice President and CEO to manage its mine. This position is a specialty occupation and requires a degree and experience in the industry.  My client located a perfect candidate with an MBA degree and years of experience in this industry. Since the candidate is an Australian citizen, the best option was E-3 status, so our immigration lawyers got to work. We obtained a certified labor condition application and filed the petition with a request for premium processing. The petition was approved in just 2 days and the CEO was authorized to start working immediately.

E-3 Approved in Two Days

Please note that this article does not constitute legal advice. We simplified the law to provide general information about one example of E-3 status.  If you would like to discuss if you qualify for an E-3 visa or need help obtaining an E-3 visa, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ or call the Juras Law Firm, PLC office at 480-425-2009! We look forward to talking with you and helping you obtain an E-3 visa!

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What Is a “Cap-Gap”?

Where an employer subject to the H-1B visa cap properly files an H-1B petition requesting an October 1 start date and a timely change of status on behalf of an F-1 student, student’s F-1 status and employment authorization (if in Optional Practical Training) is automatically extended until September 30, thus eliminating the “gap” between the time the F-1 status would have expired and the October 1 start date of H-1B status. If the H-1B petition is not filed before the OPT expires, the student may not be employed again until October 1. Cap-gap does not apply to cap-exempt H-1Bs.

Cap-Gap

Please note that this article does not constitute legal advice from our law firm. We simplified the law to provide general information about one aspect of the H-1B visa.  If you would like to discuss if you qualify for the cap-gap or need help obtaining an H-1B visa, 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!

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What is STEM OPT and Who Qualifies for It?

Foreign students with student visas may be eligible for 12 months of standard Optional Practical Training (OPT) at each higher educational level (one 12-month period at BA level then another at MA level). OPT must be directly related to the student’s major area of study. OPT allows F-1 students get work authorization in the United States.

STEM OPT is a form of OPT after the course of study is completed. Science, technology, engineering, or mathematics (STEM) students can qualify for STEM OPT if they have a degree in a STEM field or as part of a dual-degree program. The STEM subject must be the F-1 student’s major or dual major. A STEM student may be allowed a 24-month extension beyond the initial 12 months of OPT. In order to qualify for the 24-month STEM extension, the F-1 student’s field of study’s CIP (Classification of Instructional Programs) code has to be included on the U.S. Department of Homeland Security STEM Designated Degree program List.

Student Visa

Please note that this article does not constitute legal advice from an immigration lawyer.  We simplified the law to provide general information about one aspect of employment for F-1 students.  If you would like to discuss if you qualify for STEM OPT or what are employment options in the U.S. you may have, schedule a consultation with an experienced 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!