Jun
23

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Presidential Proclamation Suspending Entry of Certain Non-Immigrants

Category: H-1B, H-1B attorney in Phoenix, H-2B visa, immigration Attorney in phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, immigration lawyers phoenix, L visa Tags: , , , , , , , ,

On June 22, 2020, President Trump signed a proclamation suspending and limiting the U.S. entry of foreign nationals on H-1B, H-2B, J (as intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L visas and any individuals accompanying or following to join them.

The proclamation applies to those who are outside the U.S. on June 24, 2020 and do not have such non-immigrant visa or official travel document that is valid on that day.

The suspension and limitation on entry does not apply to lawful permanent residents, spouses and children of the U.S. citizens, essential workers, individuals whose entry would be in the national interest.

The proclamation shall expire on December 31, 2020, and may be continued.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the Proclamation.  If you would like to discuss how does this Proclamation affect you, call our experienced Immigration Attorney at 480-425-2009 or contact an experienced Immigration Attorney via our website to schedule a consultation. We look forward to talking with you and helping you analyze the effect of the Proclamation and your alternatives.

Jun
17

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H-1B petition approval in 3 weeks

Category: H-1B, H-1B attorney in Phoenix, H-1B cap, immigration Attorney in phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona Tags: , , , , , ,

My client is a global marketing and branding company and filed a H-1B petition for a position of an Interior Designer.  The H-1B registration was selected in the H-1B lottery.  The Client was very cooperative and provided all documents necessary to show to the USCIS satisfaction that the Interior Designer is a specialty occupation according to the regulations.  In this case, the Petitioner (Client) normally requires a degree or its equivalent for the position and a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the position of the Interior Designer.   The position of the Interior Designer is also so complex that it can be performed only by an individual with a degree.

The client provided documents related to the position and showing that the Beneficiary (Employee) meets the requirements for the position.   The Beneficiary has a Master of Interior Architecture and has been working for the Client as a junior Interior Designer on her OPT.   My client was very happy to receive the approval just in 3 weeks, especially for entry level position.  Congratulations!

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline the H-1B process.  If you would like to discuss if you may qualify for H-1B status, call our experienced H-1B visa attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your H-1B visa

Jun
7

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Unemployment benefits for (non)immigrants

Category: Uncategorized Tags: , , , , , , , , ,

As the COVID-19 pandemic continues, we are receiving questions from our immigration clients regarding whether or not they are eligible to seek unemployment insurance benefits in the event of a layoff, reduction in force or termination.

Are you eligible for unemployment insurance? It depends. Each state has different unemployment insurance eligibility requirements. In Arizona, for example, individuals filing a claim for unemployment insurance benefits must indicate that they are able to work, available for work, and actively seeking work. In order to be “available for work,” you “must be ready and willing to accept full-time work when offered without restrictions.” Consequently, it depends on your immigration status and applicable case law to determine if you are considered “available for work” when you are unemployed.

Thus, if you are only authorized to work in the U.S. for a single employer (e.g., holding H-1B or L-1 status) and lose your job, you generally would not qualify because you are not considered “able and available to work” when you are unemployed.

On the other hand, if you have an employment authorization document (e.g., adjustment of status applicants, spouses of E or L status holders,
certain H-4 spouses of H-1B workers, DACA recipients, refugee or asylee), you would generally be “available for work” for another employer. The same applies to lawful permanent residents. Undocumented workers are not “available for work” because they are not legally authorized to work in the U.S.

Please note at that this is only an overview of the unemployment benefits for immigrants and non-immigrants and is not intended as legal advice. IF you were laid off and would like to consult an experienced immigration attorney, calls us at 480-425-2009 or contact us via our website and we will help you determine the best options in your situation.

May
27

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Investor (E-2) visa for hair salon purchaser from Canada

Category: Uncategorized Tags: , , , , ,

My clients were husband and wife. Husband had extensive management experience and wife had extensive experience in the hair design area. They purchased assets from an existing hair salon fora substantial mount of capital. The source of the investment was a gift from my client’s sister, which was well documented along with complete tracing of the funds to the purchase of the business assets.

My clients also created a business plan to create a unique, innovative upscale boutique salon. They leased the same premises as the seller and found employees when we filed the visa application. The interview went well and my client is now running a successful hair stalon.

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline a case study of the treaty investor (E-2) visa.  If you would like to discuss if you may qualify for investor (E-2) visa, call our experienced investor (E-2) visa attorney at 480-425-2009 or contact an experienced treaty investor (E-2) attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your investor (E-2) visa.

May
26

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O-1 visa for an Internationally Recognized Judo Champion

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Our client, an alien of extraordinary ability in judo, has reached a high level of achievement and recognition.  She qualified for the new visa category O-1, by virtue of her fulfillment of more than three of the required criteria listed in the regulations:

(1) She is regarded as one of the world’s premier judo champions, and has competed in a number of the most competitive and prestigious women’s judo tournaments and the United States Open.  She won many international and national judo competitions.

(2) She was a referee at numerous national and international judo tournaments.

(3) She has been employed in a critical capacity at an organization with a distinguished reputations. She was the Head Coach of her country’s national women judo team and was also appointed as the Head Coach for her country by the Ministry of Youth and Sports.

(4) There are published materials about her in professional major publications.

She was offered a position of a Head Judo Coach for one of the top Judo clubs that petitioned successfully for her O-1 status.

Please note that this case study does not constitute a legal advice.  We simplified the law in order to showcase the O-1 requirements.  If you would like to discuss if you may qualify for O status, call our experienced O visa attorney at 480-425-2009 or contact an experienced O visa attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your O visa.

May
26

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H-1B status for an Electrical Engineer from India

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Our client, a civil and environmental engineering firm, has hired an Engineer from India who completed a Master degree in Electrical and Computer Networking in the US. She started working for our client as her optional practical training. Our client was very happy with her performance and wanted to petition for her H-1B status.

We guided our client what evidence we need to submit and established that the employee meets the requirements for H-1B status. We have established that the position of the Electrical Engineer requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States and the foreign employee is qualified to perform services in the specialty occupation because she has attained a Master Degree in Electrical Engineering.  Congratulations!

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline the H-1B requirements.  If you would like to discuss if you may qualify for H-1B status, call our experienced H-1B attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your H-1B status.

May
26

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P-1 visa for a Canadian golfer

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An elite Canadian golfer came to our office seeking assistance with his P-1 visa in order to compete in the upcoming US golf tournaments and events. His agent was the petitioner.

First, we had to establish that our client is an internationally-recognized and respected golfer. We submitted supporting documents of his achievements and reputation as a professional golfer:

( i ) Evidence of his participation to a significant extent in a prior season in a major United States golf tours events; 
( ii ) Evidence of his participation in international competitions;
( iii ) Evidence of his participation to a significant extent U.S. college or university in intercollegiate competitions; 
( v )   Evidence that he is ranked; and 
( vi) Evidence that he has received a significant honors and awards in the sport. 

We have also submitted an itinerary of the golf events he plans to participate. The petition was approved without any problems and his P-1 visa was issued based on the approved petition. Congratulations!

This blog does not constitute a legal advice.  We simplified the law in order to outline a case study of the P-1 visa process for an internationally recognized athlete, in this case a golfer.  If you would like to discuss if you may qualify for P visa, call our experienced P visa attorney at 480-425-2009 or contact an experienced P visa attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your P visa.

May
26

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Investor visa (E-2) for franchisee from Canada

Category: Uncategorized Tags: , ,

Our client has been operating a successful franchise in Canada and identified an opportunity for her business in the fast growing Phoenix area. She formed an Arizona company and transferred her franchise territories to Arizona. We had to establish the value of the investment to establish that her investment is “substantial”. We has also established that the enterprise is real and doing business along with a business plan for Arizona operations. We had to also show that the investment is not marginal. The business certainly require employees to run the business and had healthy financials.

We guided our client through the E-2 visa process, prepared the investor visa (E-2) application and assisted her with the interview. The investor visa was approved in just a few weeks.

Please note that this blog does not constitute a legal advice.  We simplified the law in order to outline a case study of the treaty investor (E-2) visa process.  If you would like to discuss if you may qualify for investor (E-2) visa, call our experienced investor (E-2) visa attorney at 480-425-2009 or contact an experienced treaty investor (E-2) attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your investor (E-2) visa.

May
26

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Treaty investor (E-2) visa for a restaurant owner from Canada

Category: Uncategorized Tags: , , ,

Our client came to our office seeking help with her E-2 visa. She was in the process of purchasing a full service restaurant in the Phoenix area for $150,000. The source of investment was the sale of her home in Canada. We documented well that the restaurant was real and doing business. The restaurant was well established and was operating in the Phoenix area for years. We had also sufficient documents to show that the investment was “substantial” and not marginal. The restaurant had more than 20 employees and healthy financials. We also submitted a business plan how to increase profit of the restaurant and create additional jobs.

We prepared the visa application and prepared our client for the interview. The interview went well and visas were approved for our client and her husband and a child. Congratulations!

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the treaty investor (E-2) visa process.  If you would like to discuss if you may qualify for investor (E-2) visa, call our experienced investor (E-2) visa attorney at 480-425-2009 or contact an experienced treaty investor (E-2) attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your investor (E-2) visa.

May
26

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Fiancée visa for fiancée from Russia

Category: Uncategorized Tags:

Our client is a US citizen who met his fiancee, a Russian citizen living in Belarus, two years ago. They kept in touch and met one year later when my client visited Belarus. My client is divorced and his fiancée is widow. After he returned from his trip, he visited our office and retained us to get a fiancée visa for his fiancée.

First, we filed a petition for a fiancée, which took four months to approved. Then, the case was sent to the National Visa Center and from the National Visa Center to the U.S. Embassy in Warsaw, Poland where is done the
fiancée (K-1) visas processing for residents of Belarus. We prepared the
fiancée (K-1) visa application and affidavit of support and prepared the
fiancée for the interview. The interview went smoothly just before the US Embassy suspended its regular visa service due coronavirus pandemic. The fiancée obtained her fiancée (K-1) visa valid for five (5) months. Congratulations!

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the fiancée (K-1) visa process.  If you would like to discuss if you may qualify for fiancée (K-1) visa, call our experienced
fiancée (K-1) visa attorney at 480-425-2009 or contact an experienced
fiancée (K-1) attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain K-1 visa for your fiancé(e).

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