Apr
6

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EB-5 Investments Have Increased

Category: Best EB-5 attorney in Phoenix, Conditional EB-5 and divorce, EB-5 visa, EB-5 visa attorney, New EB-5 amount, Top EB-5 attorney in Phoenix Tags: , , ,

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!

Jan
13

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Visa for Medical Researchers or Physician’s Assistants

Category: Administrator of drug company, B-1 visa, Best H-1B attorney in Scottsdale, Best immigration attorney, Best immigration attorney in Scottsdale, Foreign medical graduates, Foreign physicians, H-1B attorney, H-1B visa, Immigration attorney in Scottsdale, J-1 visa, Medical researcher, Physician's assistant Tags: , , , , ,

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!

Nov
8

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

Category: Uncategorized

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!

Sep
1

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Success Stories: E-3 Approved in Two Days

Category: E-3 status, E-3 visa, visa for Australians

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!

Apr
22

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What Is a “Cap-Gap”?

Category: Best H-1B attorney in Scottsdale, Cap-gap, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B status, H-1B visa, OPT Tags: , , , , ,

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!

Apr
22

By

What is STEM OPT and Who Qualifies for It?

Category: CIP code, F-1, STEM OPT, Work authorization for F-1 students Tags: , ,

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!

Apr
21

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What Is PERM?

Category: Best immigration attorney in Scottsdale, Employment green card, Green card through employment, PERM, Permanent green card, Top immigration attorney in Phoenix Tags: , , ,

PERM is the abbreviation for the Program Electronic Review Management. It’s a system for processing labor certification applications, which is necessary (with some exceptions, e.g., National Interest Waiver, schedule a pre-certification) to get a green card through employment. The basic criteria are whether the employer has met the procedural requirements of the regulations, whether there are insufficient U.S. workers who are able, willing, qualified, and available, and whether the employment of the foreign worker will have an adverse effect on the wages and working conditions of U.S. workers similarly employed.

PERM

Please note that this article does not constitute legal advice with our law firm. We simplified the law to provide general information about one aspect of the employment-based green card process.  If you would like to discuss if you qualify for a green card through employment, 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!

Apr
21

By

Success Stories: PERM for an Operations Director Approved

Category: Employment green card, Green card attorney, Green card through employment, PERM Tags: , , ,

This client with our immigration law firm has a tower crane service company and needed to fill the position of operations director. There are not many people in the world who qualify for this position where safety is at stake. Therefore, the employer was willing to go through a PERM process to advertise the position in the Sunday newspaper, at a job fair, on the employer website, and at the job search site according to strict regulations. The employer received over 200 applications, but no applicant was willing, able, qualified, and ready to take the job.

PERM for Operations Manager

We submitted the application for permanent employment certification to the US Department of Labor. Originally, the US Department of Labor erroneously concluded that one applicant met the qualification requirements, but we showed that that applicant had no connection to the US and was not a US worker who this process is designed to protect. The application was certified and we can now file the petition and green card application to complete the green card process through an employer.

Please note that this article does not constitute legal advice.  We simplified the law to show a case study about one aspect of the EB-3 process, the green card process through employment.  If you would like to discuss if you qualify for an EB-3 green card based on your employment, 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!

Apr
13

By

What to do if my H-1B registration was not selected?

Category: E-1, E-2, H-1B alternatives, H-1B registration not selected, O-1, PERM, TN Tags: , , , , ,

On March 30, 2021, the USCIS completed the H-1B lottery and announced that it received enough H-1B registrations to reach H-1B cap for the fiscal year 2022. What options do you have if you were not amount those who were selected?

First of all, you are eligible for selection in any subsequent selection for FY 2022. For example, some selected registrants may not file their petitions.

Depending on your situation, you may be eligible for other types of visas or status. Your employer may file for your employment-based green card (permanent legal resident status) if he can show that there are no U.S. workers available, willing and qualified for the job. Certain professionals from Mexico or Canada may qualify for TN visa. If you are the entrepreneurial type and are from certain countries, you may be eligible for E-2 (treaty investor) or E-1 (treaty trader) visa. If you have extraordinary ability in the sciences, arts, education, business of athletics, you may apply for O visa.

Apr
13

By

Can you recover your attorney’s fee in EB-1 case?

Category: "Extraordinary Ability" Green Card, "Extraordinary Ability" Visa, Administrative Procedures Act, Attorney's fee, Equal Access to Justice Act Tags: , , , , , ,

Individuals of extraordinary abilities applying for EB-1 green card are often faced with requests for evidence adding to the cost of the representation and what seems to be arbitrary and capricious decisions. They are often not aware that they may be able to recover attorney’s fees and cost under the Equal Access to Justice Act (EAJA) if they challenge the USCIS decision under the Administrative Procedures Act (APA). They need to prevail against the USCIS in challenging its decision, which was not “substantially justified” and no “special circumstances make an award unjust”.

For example, after Ludovic Pierre Berardo, an extraordinary stop-motion animator, challenged USCIS’s denial, USCIS approved his petition and he recovered $44,672.50 in attorney’s fee and $400 in costs.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one aspect of EB-1 process.  If you would like to discuss if you qualify for EB-1 green card based on your extraordinary ability in the sciences, arts, education, business, or athletics, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!

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