H-1B approval in 1 day!

Our client, an established engineering and OEM company, wanted to hire a Controls Software Engineer, an Indian national currently on an H-1B visa. We obtained a certified labor condition application and worked with a client to document fully the eligibility for H-1B classification. The petition was filed with a request for premium processing. The USCIS received the petition on Monday and we received approval on Tuesday.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one H-1B case.  If you would like to H-1B petition approved fast, 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!

Cross-border insolvency and assets in the United States

Foreign representatives of pending insolvencies abroad contact our office seeking help with reaching debtor’s assets in the United States. Depending on the concrete situation, Chapter 15 under the U.S. Bankruptcy Code may be appropriate. Chapter 15 was added to the U.S. Bankruptcy Code in 2005 and helps courts in different countries to cooperate and coordinate the administration of debtor’s assets located in different countries.

A foreign representative may petition U.S. bankruptcy court for recognition of foreign insolvency proceeding. Once the foreign main insolvency proceeding is recognized, all collections, executions against debtor’s assets and lawsuits are stopped, foreign representative may sell debtor’s assets, recover certain transfer and have other powers that allow him or her to administer debtor’s assets.

While number of Chapter 15 insolvencies increased from six in 2005 to 136 in 2009, the highest number of Chapter 15s (179) was filed in 2016. During years 2010-2019, the average number of Chapter 15 is 103.5 per years

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about Chapter 15 bankruptcy.  If you would like to discuss if Chapter 15 bankruptcy will help in your situation, schedule a consultation with an experienced bankruptcy lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009.

Will undocumented individuals get legal status under President Biden?

President Biden announced his immigration plan:

1. An 8-year pathway to citizenship for all undocumented immigrants.

Biden’s plan provides a 5-year path to permanent residence for all undocumented individuals present in the United States on January 1, 2021, followed by a 3-year wait for U.S. citizenship. Certain individuals’ path would be shorter, including DACA dreamers and agricultural workers.

2. Eliminating the 3-year and 10-year bars.

Individuals who are in the United States illegally for 180 days and depart are prohibited from returning for 3 years and individuals who are in the United States illegally for 1 year are prohibited from returning for 10 years if they depart. President Biden’s proposal would remove those bars and allow certain individuals to gain legal status in the United States without traveling abroad.

3. Expanding legal immigration.

Biden’s proposal would make significant changes to the legal immigration system. It will reduce green card backlogs, eliminate per-country limits on visas, and provide fast paths to a green card for children and spouses of green card holders.

President’s proposal will need to be approved by Congress.

Please note that this article does not constitute legal advice.  We simplified President Biden’s proposal to provide general information.  If you would like to obtain a visa or green card, 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.

What are President Biden’s immigration executive orders?

President Biden issued several immigration executive orders that revoked the travel bans, stopped the construction of the border wall, protect the Dreamers from deportation, include undocumented individuals in the census that affects the apportionment of Congressional representatives, protect Liberians from immigration enforcement and extend their work authorizations and paused deportations for 100 days.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about President Biden’s immigration executive orders.  If you would like to discuss how President Biden’s immigration executive orders affect your situation, 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.

How can my nanny stay in the U.S. permanently?

Many clients hire foreign nannies through one of the international au pair program. Then, when they are happy with their performance and their children got used to them, they are looking for ways to have their nannies stay in the U.S. permanently. They contact our immigration lawyers for help.

The family member may, in certain circumstance, be able to have her/his nanny stay, live and work in the U.S. permanently (help her get a green card). The process involves placing job advertisements, reviewing applicants’ resumes and interviewing applicants. If there are no U.S. workers able, willing, qualified and available to take the job, and the family member complied with all regulations, the process may lead to nanny’s green card and her ability to stay in the U.S. permanently.

Please note that this article does not constitute a legal advice.   We simplified the law to provide only general information. The process of getting a green card for your foreign nanny and help her stay in the U.S. permanently is heavily regulated process with lots of cases governing each aspect of the process. One mistake means that you have to start from the beginning and loose lots of time and ultimately not be able to have your nanny stay in the U.S. permanently.   If you would like to help your foreign nanny stay in the U.S. permanently and would like to discuss what is the best way to accomplish that, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.

How do I employ a foreign worker?

First, it depends, if you are hiring for a temporary or permanent position.  There are a few visa categories for temporary positions.  For example, an employer wanted to hire someone for a position of engineer with a Master’s degree, we applied for H-1B.  Employer was selected at the H-1B lottery and the petition was approved in three weeks.  For workers with less education, H-2A or H-2B may be the best option. If the worker has been working abroad for an affiliated company, L visa may be the best option.

With respect to a permanent position, you have to test the market (advertise the position) and get a labor certification that there are no U.S. workers able, willing, qualified and available to accept the job. There are some exceptions, such as the National Interest Waiver or Schedule A pre-certification.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information applicable in most cases.  If you would like to hire a foreign worker and would like to discuss what is the best way to do that legally, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.

What will I be asked at marriage green card interview?

Marriage green card interview consists generally of two parts. The first line of questioning is typically about the relationship itself.  The purpose is to assess the authenticity of the marriage.  The marriage green card interview questions focus on the history of the couple’s relationship, as well as their activities and future plans as a married couple.

Here are some of the most common questions: How did you meet? How long have you been dating prior to getting married?  How did you proposed? Who was at the wedding? Did you go anywhere for your honeymoon? Is there anyone else living with you? What do you like to do in your free time? do you have any hobbies? Did you meet each other’s parents?

The second line of questioning is about the green card application itself and if the applicant is qualified to get a green card and there is nothing preventing the approval. The questions focus on residential history, employment history, immigration history, family history, finances and legal issues.

It is important to t’s important to answer the interviewing immigration officer’s questionstruthfully since the interview is conducted under oath.

Please note that this article does not constitute a legal advice.  We simplified the law to provide only general information.  If you would like to apply for a marriage green card and stay or move to the U.S. permanently, schedule a consultation with an experienced immigration lawyer in Phoenix today at www.calendly.com/irena-3 or call our office at 480-425-2009.

The Juras Law Firm, PLC stays with you until the green card finish line, we analyze your case, determine the necessary steps, prepare all forms correctly, communicate with the USCIS, prepare you for the interview, represent you at the interview, provide legal advice and peace of mind along the way during your immigration journey and give you .

National Interest Waiver approved for Mining Engineer

A mining engineer with a Master of Science in Mineral Engineering with specialization in Geotechnical Engineering came to our office to evaluate if he qualifies for the National Interest Waiver. He has made a major scientific contribution in the field of mining.  He has developed a new way of using existing test methods to predict long-term stability of rock piles at a low cost.  Other practitioners are using his results. 

We were able to show all 3 criteria necessary for the National Interest Waiver. We documented that his work, solving mining rock piles slope stability problems and improving the overall safety of people working on both surfaces (open pit and underground mining industry) has national importance. He is well positioned to advance his work based on his education, skills, knowledge, record of success, a plan for future activities, progress toward achieving his goals and interest of companies and investors. We were also able to document that on balance, it would be beneficial to the U.S. to waive the job offer and the labor certification requirements based on his contributions.

Please note that this article does not constitute legal advice.  We simplified the law to provide only general information.  If you would like to stay or move to the U.S. permanently and would like to discuss if you qualify for the National Interest Waiver, schedule a consultation with an experienced immigration lawyer in Scottsdale at www.calendly.com/irena-3 or call our office at 480-425-2009

What are immigration options for investors and enterpreneurs?

Let’s look at some of the immigration options for enterpreneurs.

One option is apply for a treaty investor visa (E-2) if you invest substantial amount of money and create at least one job for a US worker. You have to be from a country that allows for such visa. Click here (or here) for some examples of our cases.

Another option is to apply for a treaty trader visa (E-1) if you carry on substantial trade principally between the United States and your country that signed a treaty that allows for such visa.

The third option is to apply for investor green card (EB-5) if you invest at least $900,000 in certain areas or $1.8 million anywhere.

The fourth option is for people who work has substantial merit or national importance and may qualify for a National Interest Waiver. For more information if you may qualify click here and for an example of one of our cases click here.

The fifth option may be to apply for H-1B visa under certain circumstances.

The sixth option may be a green card for extraordinary people (EB-1) who have risen to the very top of their field and have sustained national or international acclaim. They may have a really well-known international award like the Nobel Prize or Pulitzer Prize, or other things that can prove extraordinary achievements like a high salary, critical role in a distinquised organization, published work, exclusive membership, or exhibited material.

There may be other options based on your situation. Please note that this article does not constitute a legal advice.  We simplified the law to provide only general information.  This article does not replace competent legal advice from a competent immigration lawyer. If you have enterpreneurial spirit and would like to discuss your options and the best way to stay or move to the U.S. legally, 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.

Do I qualify for National Interest Waiver?

If you have an advanced degree (above a Bachelors’ Degree or a Bachelors’ degree plus 5 years of progressive post-degree experience) and your work has substantial benefit (merit) or national importance, you may qualify for a National Interest Waiver. The National Interest Waiver allows you to file your green card application without an employer. Substantial benefit or national importance may be shown in a range of areas, such a science, technolgoy, health, business or education. Prospective national impact is not evaluated solely geographically, as a project in one geographical area may hae national importance.

You will also have to show that you are well positioned to advance the proposed undertaking based on your education, skills, knowledge, record of success, a plan for future activities, progress toward achieving your undertaking or interest of potential customers, investors, users or others.

Then, you will have to document that on balance, it would be beneficial to the US to waive the job offer and the labor certification requirements. For example, based on your contributions, urgency or you may have unique knowledge or skills or you may be a self-employed inventor or enterpreneur.

To learn more information about the NIW and about one of our NIW cases, click here.

Please note that this article does not constitute a legal advice.  We simplified the law to provide only general information. If you think you may qualify for a National Interest Waiver schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call us at 480-425-2009.