Jan
13

By

Visa for medical researcher or physician’s assistant

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 H-1B visa if they have an invitation from a public or nonprofit private educational or reserach 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 drug company), the certifying exam is not required. A physician’s assistant or medical researcher are not eligible for H-1B visa if they are involved in any manner whatsoever in direct patient care.

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

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 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.  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 visa for foreing medical graduate, 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! We look forward to talking with you and helping you obtain visa fro foreign physician!

Nov
8

By

Green card lottery registration ends on November 9, 2021, at 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.

You have to be 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 status by the end of the fiscal year 2023, which is from October 1, 2022, through September 30, 2023.

Sep
1

By

E-3 approved in 2 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 it this industry.  Since the candidate is Australian citizen, the best option was E-3 status.  We obtained certified labor condition application and filed the petition with request for premium processing.  The petition was approved just in 2 days and the CEO was authorized to start working immediately.

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 E-3 visa or need help obtaining E-3 visa, 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! We look forward to talking with you and helping you obtain E-3 visa!

Apr
22

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What is “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 H-1B cap properly files 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 empoyed again until October 1. Cap-gap does not apply to cap-exempt H-1Bs.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one aspect of H-1B visa.  If you would like to discuss if you qualify for the cap-gap or need help obtaining H-1B visa, 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! 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 (F-1) may be eligible for 12 month 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 a 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 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.

Please note that this article does not constitute legal advice.  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 Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009! We look forward to talking with you!

Apr
21

By

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 abreviation for the Program Electronic Review Management. It’s a system for processing labor certification application, which is necessary (with some exceptions, e.g., National Interest Waiver, Schedule A precertification) to get a green card through employment. The basic criteria are whether the employer has me 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 foreing worker will have an adverse effect on the wages and working conditions of U.S. workers similarly employed.

Please note that this article does not constitute legal advice.  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 Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009! We look forward to talking with you!

Apr
21

By

PERM for an operations director approved

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

Our client 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 application, but no applicant was willing, able, qualified and ready to take the job.

We submitted the application for permanent employment certification to the US Department of Labor. Originally, the US Department of Labor eroneously concluded that one applicant met the qualification requirements, but we showed that that application 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 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, green card process through employemnt.  If you would like to discuss if you qualify for EB-3 green card based on your employment, 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! 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!

Apr
13

By

What is a “particular social group” for asylum?

Category: Asylum, Asylum attorney, Asylum attorney Scottsdale, domestic violence victims, family members, Gang members, Gang violence recipients, Landowners, Mental illness, Particular social group, Witnesses Tags: , , , , , , ,

In order to obtain asylum in the U.S., foreigners must show fear of harm directly related to race, religion, nationality, political opinion, or membership in a “particular social group”.

What is a “particular social group” is interpreted differently by courts in different parts of the U.S. According to the Ninth Circuits Court of Appeals (where Arizona belongs), it is a particular social group as one in which the members are united by a voluntary association OR by an innate characteristic that is so fundamental to the identities or consciences of its members, that members either cannot or should not be required to change it (e.g., young women in Guatemala subject to femicide).

Here are some examples of “particular social groups”: former gang members or gang violence recipients (e.g., a former member of MS-13), family members (e.g., mother who fears that her minor daughter would be subject to FGM), domestic violence victims (e.g., Honduran woman unable to leave her relationship), people with mental illness or physical disability (e.g., persons with bipolar disorder who exhibit erratic behavior), witnesses (e.g., who publicly provide assistance to law enforcement against major Salvadoran gangs), landowners (e.g., Colombian landowners who refused to cooperate with FARC).

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one aspect of asylum laws. If you would like to discuss whether you qualify for an asylum, 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! We look forward to talking with you!

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