May
26

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H-1B visa for a Business Analyst approved

Category: Uncategorized Tags: , , , , , ,

Our client is a citizen of China and was offered a position of a Business Analyst by a manufacturer of body armor safety products. We were happy that we did not have to go to court like other lawyers who had to previously challenge the flawed denial of H-1B petition for the same position. We submitted the court decision directing the USCIS to change status to H-1B and finding that the USCIS has failed to meet the fundamental threshold for rational decision making.

The Business Analyst analyzes sales trends, seasonal trends, inventory to provide insights on ways the business can drive sales and provides tools to the manufacturing, marketing and sales team to better project performance and highest areas of opportunity.

The position of Business Analyst is a specialty occupation as defined in section 214(i)(1) of the Immigration and Nationality Act and 8 CFR 214.2(h)(4)(ii)(A). It meets more than one of the four criteria in 8 CFR 214.2(h)(4)(iii).  Under 8 CFR 214.2(h)(4)(iii), to qualify as a specialty occupation, the position must meet one of the following criteria:

(a) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;

(b) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;

(c) The employer normally requires a degree or its equivalent for the position; or

(d) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

In this case, we provided evidence that a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the position of Business Analyst, the degree requirement is common to the industry in parallel positions among similar organizations and the position of the Business Analyst is so complex or unique that it can be performed only by an individual with a degree. 

Please note that this article 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 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.

May
26

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E-1 visa for importer approved in 13 days

Category: Uncategorized Tags: , , , ,

Our client imports salt lamps and other products from his country. We applied for premium processing of the change of his status and his case was approved in 13 days.

In order to obtain E-1 visa or status, the following has to be established: (i) a treaty exists; (ii) the individual or business possesses the nationality of the treaty country; (iii) the activities the foreign national will engage in constitute trade; (iv) the trade is substantial; (v) the trade is principally between the US and the treaty country; and (vi) the foreign national intends to depart the US when the E-1 status terminates.

In this case, our client’s country has a treaty with the US. The import of such product constitute trade. He imports the product only from his country, so the trade is principally between the US and his country and the trade is “substantial”. “Substantial” means an amount of trade sufficient to ensure a continuous flow of international trade between the US and his country. Our client has already shipped three containers of the product to the US, has relationships established and plans to shipped future regular shipments, so we were able to show that the trade is substantial.

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

May
25

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National Interest Waiver approved for Senior Power System Engineer

Category: Uncategorized Tags: , , , ,

It is great to see another National Interest Waiver (NIW) case approved. The National Interest Waiver is only available for members of professions holding advanced degrees or aliens of exceptional ability. The advantage of the NIW is that the foreign national can self-petition and does not need a job offer, test the market, and obtain a labor certification.

To get the NIW approved, we have to show three (3) criteria: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that (s)he is well-positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the U.S. to waiver the job offer and labor certification requirement. The foreign national must also show that (s)he “otherwise merits a favorable exercise of discretion” because the NIW is discretionary.

In this case, our client is a Senior Power System Engineer and has worked for power utility companies abroad and in the U.S. With respect to the first criterion, we documented his research and implementation of practical solutions to protect national power grid from an unauthorized access and terrorist threats. The national power system is one of the national interest assets a nation has and its operation, safety and security is the key to the economy and people’s well-being. 

Our client also made important contributions towards energy efficient systems. His research led to a new software tool used to estimate energy efficiency of induction motors. He made contributions toward a new way of bench marking industrial systems in his country. He also made contributions to wind energy conversion systems. The energy efficiency and renewable energy systems are important areas of the U.S.’s national interest. We were able to establish that his achievements have both substantial merit and national importance and satisfy the first criterion.

With respect to the second criterion, we established that our client has demonstrated a history of achievement in the field of Power Systems (in the area of electric machine efficient design and controls, power system modelling, analysis and stability and power grid protection and controls for safe and resilient operating) with some degree of influence in the field as a whole.  Further, his past accomplishments have set him apart from his peers and other professionals in the field.  The overwhelming evidence established that his work has had and will continue to have a nationally significant impact and is well positioned to advance his contribution in the area so critical to national economy and safety.   Accordingly, the second criterion was met.

We were also able to establish the third criterion, that on balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements, and that he otherwise merits a favorable exercise of discretion. The field of Power Systems is unique in the sense that involves large and complex systems that harmoniously work together to generate, transmit and distribute reliable power on large areas at national level and even internationally.  The advancement of new technologies in all fields requires power systems engineers to stay up to speed when it comes to the application of new concepts. This makes the power systems engineering field very challenging and only a few get to the point to fully understand the complexity and the level of detail required to design, install, test, commission, operate and monitor such systems. Therefore, there are fewer and fewer experts that could undertake the challenges of a more and more complex power grid.  Our client is one of those few and we can’t wait to see what he can accomplish now with his green card. Congratulations!

Please note that this article does not constitute legal advice.  We simplified the law to outline the NIW process.  If you would like to discuss if you may qualify for the National Interest Waiver, schedule your consultation here: https://calendly.com/irena-3/30min or call an experienced NIW attorney at 480-425-2009 to schedule a consultation. We will be happy to discuss the best course of action and how we can help you obtain a legal permanent residence in the United States.

Apr
27

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Does COVID-19 Pandemic Justify Invoking the Force Majeure Clause in an International Contract?

Category: Uncategorized Tags: , , ,

“Force majeure” is an event beyond the control of a party to international contract, such as a war, earthquake, tornado, strike, riot, epidemic, that may excuse a party’s performance under the contract.

Parties to international contracts often use force majeure clauses to protect themselves from liability in the event circumstances beyond the parties’ control impede performance. The recent pandemic raises new issues regarding what constitutes a force majeure event. The economic downturn or related events may qualify as a force majeure event in international business agreements.

In order to determine if the COVID-19 pandemic qualifies as “force majeure” in your international business contract, we need to first analyze the international contract itself and any such clauses. We need to interpret the law governing such international contract. We need to interpret the performance you are looking to excused.

If you are affected by COVID-19 pandemic and you are looking for an experienced international business attorney to help you with issues related to performance under international business agreement, call our Phoenix office at 480-425-2009 today for a confidential consultation or contact us via our website.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline if the events caused by COVID-19 pandemic may qualify as “force majeure” and excuse performance under international contract.

Apr
27

By

President’s Trump 60-day Immigration Ban

Category: Uncategorized

On April 22, 2020, President Trump issued a proclamation “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”. The Proclamation is effective for 60 days from April 23, 2020.

The Proclamation suspended US entry of individuals who do not have an immigrant visa or an official travel document. The Proclamation does not apply to green card holders, health care professionals and their spouse and children under 21 years old, EB-5 investors, spouses of US citizens, children of US citizens under 21 years old and prospective adoptees, individuals whose entry would further important U.S. law enforcement objectives, members of the U.S. Armed Forces and their spouses and children, Special Immigrants the SI or SQ classification and individuals whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the Proclamation. If you or your family member are looking for an experienced immigration attorney, call us at 480-425-2009 today for a confidential consultation or contact us via our website.

Apr
21

By

Can Bankruptcy Solve Your Financial Distress Caused by COVID-19?

Category: Uncategorized

When looking for relief from the financial burden caused by the COVID-19 pandemic, bankruptcy is certainly one of the options to consider. Should you file for bankruptcy? Is bankruptcy right for you? There are many questions you need to ask first. Let’s start with 5 things you need to know before filing for bankruptcy.

Bankruptcy can help you get rid of debts you cannot pay. Bankruptcy will stop lawsuits and creditors’ collection efforts. Bankruptcy may buy time to negotiate with your landlord. Bankruptcy may help you save your home or car.

Bankruptcy law is complex law consisting not only with the US Bankruptcy Code and case law, but also the Federal Bankruptcy Rules and local rules.
Bankruptcy precedents are being created by courts daily. In addition, the State Law governs bankruptcy exemptions (what property you can keep). While you can file bankruptcy without an experienced bankruptcy attorney, you run a risk that you can lose property that you could otherwise keep if you have retained a bankruptcy attorney. Without having an experienced bankruptcy attorney on your side, you may not discharge debts that may be discharged with help of a bankruptcy attorney.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline what you should consider to determine if bankruptcy an help you relieve financial stress caused by covid-19.  What you don’t know, may hurt you! If you are considering filing bankruptcy, call an experienced bankruptcy attorney in Phoenix at 480-425-2009 today for a free confidential bankruptcy consultation or contact us via our website. We will make sure your assets are protected and you get the maximum relief from your debts through bankruptcy.

Apr
20

By

5 Things You Need to Know Before Filing Bankruptcy

Category: Uncategorized Tags: , ,

The coronavirus pandemic is causing lots of economical hardship. The unemployment has skyrocketed and businesses are struggling to survive. More and more people are looking at bankruptcy relief as one possible solution. We’d like to look at 5 things you need to know before filing bankruptcy:

  1. Your 6-month-income. Your gross income received during last 6 months is considered in the determination if you qualify for Chapter 7 bankruptcy. Your gross income is then used in the means test to make that determination. For more information about the means test click here.
  2. Only some of your property may be protected in bankruptcy. What property you can keep in bankruptcy depends on where you live. In Arizona, you can keep up to $150,000 equity in your home, household items up to $6,000, car ($6,000), bank account balance ($300), clothing ($500), etc. The property that is not protected (exempt) in Chapter 7 bankruptcy can be sold by the Chapter 7 bankruptcy trustee to pay your creditors. It is important to look at your property to determine if all property can be protected in bankruptcy. If you own property that would not be protected in Chapter 7 bankruptcy and you want to keep it, you can consider filing Chapter 13 bankruptcy. For more information discussing the difference between Chapter 7 and Chapter 13, click here.
  3. What bankruptcy tools do you need? Do you just need relief from credit card debts or do you need more time to pay your mortgage or car loan? Your answers to those and other questions will determine which type of bankruptcy is right for you. For more information discussing the difference between Chapter 7 and Chapter 13, click here.
  4. Bankruptcy timing. Do you expect to incur additional debts in the near future? Do you expect to receive any payments (such as tax refund or stimulus check)? Do you expect to lose job in the near future? Your answers to those and other questions will determine when is the best time to file bankruptcy.
  5. Your recent payments. Have you recently re-paid money to your family member or friend? Have you taken a cash advance from your credit card? Have you recently made gifts to anyone? Your answers to those and other questions will determine when you should file for bankruptcy. It is also important to analyze such payments to determine the consequences of such payments in bankruptcy.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline what you should consider and what you need to know before filing bankruptcy.  What you don’t know, may hurt you! If you are considering filing bankruptcy, call the bankruptcy attorney in Phoenix at 480-425-2009 today for a free confidential bankruptcy consultation or contact us via our website and we will make sure your assets are protected and you get the maximum relief from your debts through bankruptcy.

Apr
9

By

Can You Keep Your Stimulus Check In Bankruptcy?

Category: Bankruptcy, Chapter 13, Chapter 7, Stimulus check Tags: , ,

On April 9, 2020, the IRS started sending stimulus checks to individuals under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 (Act). People earning less than $75,000 will receive $1,200 and married couple earning less than $150,000 will receive $2,400. Additional $500 will be paid for each qualifying child under the age of 17.

Whether you can keep the stimulus check in bankruptcy depends on when you are going to file the bankruptcy, where you live and what other assets you have. Arizona has only a $300 exemption for funds in the bank account ($600 for married couple). In order to protect your stimulus check, it is important to discuss your situation with an experienced bankruptcy attorney.

If you are considering filing for bankruptcy, call us at 480-425-2009 or contact us via our website to schedule a free confidential consultation and we will make sure your stimulus check is protected and you get the maximum relief from your debts through bankruptcy.

Please note that this article does not constitute a legal advice.  We simplified the law, excluded nuances in law in order to outline the treatment of the stimulus check in bankruptcy. 

Apr
5

By

Can An Employer Furlough an H-1B Employee?

Category: Best immigration attorney, H-1B, H-1B attorney in Phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Top immigration attorney

As the coronavirus pandemic is forcing many employers to furlough or lay off their workers, questions arise about the consequences of such measures on foreign workers currently in H-1B status.  The Department of Labor regulations require employers to abide by the certified labor conditions, including payment of the required wage and full-time vs. part time employment.  The employers cannot furlough or stop paying the required wage without exposing itself to fines, back wages and debarment from immigration programs. 

If the employer wants to convert a full-time H-1B employee to a part-time status, it must file a new labor certification application and amended H-1B petition to reflect such change.  The employee can start working when the amended H-1B petition is filed.

We continue to monitor the Department of Labor’s guidance.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the H-1B regulations.  If you are considering any changes to the approved H-1B labor conditions, call an experienced H-1B attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule anH-1B consultation. We will make sure you are complying with H-1B regulations and help you avoid fines or other negative consequences associated with H-1B non-compliance.

Apr
3

By

Should I File For Bankruptcy?

Category: Uncategorized

Are you worried about paying your bills during the corona virus pandemic? Are you impacted by the pandemic? Have you lost your job?  Have you been furloughed from your job? Are you making just minimum credit card payments? Do your monthly expenses exceed your income? Do you have no money to pay mortgage or rent? Do you have mounting medical bills?  Are your constant worries causing lots of stress?  If you answered yes to any of those questions, bankruptcy may be the right tool to solve those problems.

In order to assess whether bankruptcy will help you, it is important to analyze your situation and compare bankruptcy with other possible avenues of handling your financial problems.  It is also important to look at advantages and disadvantages of filing for bankruptcy. Do the advantages of bankruptcy outweigh the disadvantages? While the advantage of receiving a discharge of your debts is certainly advantage, there may be disadvantages.  For example, you may lose some property and without proper bankruptcy advice, you may lose some property unnecessarily.  That’s why it is important to consult with an experienced bankruptcy attorney to determine what would bankruptcy mean for you.  During your free bankruptcy consultation, the bankruptcy attorney will analyze your situation your assets, debts and recent payments and determine if Chapter 7 or Chapter 13 or Chapter 11 bankruptcy is best option for you.  The bankruptcy attorney will determine what debts can be discharged, what is the best time to file for bankruptcy and what pre-bankruptcy planning may be necessary.  In order to avoid pitfalls of bankruptcy and obtain maximum benefits, calls us at 480-425-2009 or schedule a free bankruptcy consultation with an experienced bankruptcy attorney on our website.  We will help you restore the peace of mind that comes from having your burden of debt lifted.

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