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Why hire an Immigration Attorney?

Because so much information is available online, you may feel that you can figure out what you need to do using Google and other online resources. Also, there is a misperception that immigration is about filling forms and submitting simple paperwork. While you can certainly gain knowledge of different visa and green card categories and forms to fill, keep in mind that there is lots of misinformation on the Internet, some information may be outdated or would not apply in your case. Immigration law is constantly changing. Even a minor regulatory or policy adjustment affects thousands of people. You may not be aware how the latest policy change, order or decision affects your case.

An experienced immigration attorney is up-to-date with all the government rules, policies, regulations, and various other local laws that may affect your case. His or her extensive experience and holistic view of even complex situations make him or her the best asset for you and can make a profound difference for you and your life.

We regularly advise clients who have already filed applications on their own with inadvertent mistakes that caused serious consequences. They may have filed a wrong form, missed a deadline, received a denial following a Request for Evidence that could have been easily addressed, or filed for visa, green card or naturalization when they were ineligible and face the threat of removal. One simple mistake on the form may be interpreted by the US Citizenship and Immigration Services as misrepresentation or fraud with serious consequences. Your one mistake can make the process more complex and can even prevent your from ever achieving what you were trying to apply on your own (e.g., children may reach certain age, deadline is missed, etc.).

An experienced immigration attorney can get you the result that sometimes you would not be able to get on your own. An experienced immigration attorney can save you money, time, frustration, and anguish in dealing with a much harder case on your own. You have someone on your side ready to answer your questions, guide you and help you in every step of sometimes long and complex immigration process.

An experienced immigration attorney evaluates your situation, determines your eligibility and the best process to take to achieve your immigration goal, knows what forms you will need, how to fill the forms accurately, what documents to submit and how to best present your case . Therefore, when you hire an experienced immigration attorney, you will have peace of mind that this life-changing immigration process will be achieved successfully without unnecessary delays. In addition, unlike document preparers and various online immigration service providers, immigration lawyers have a professional and ethical obligations to ensure that they
competently provide legal services to you.

If you would like to discuss how we can help you achieve your dream of legally living and working in the U.S., call an experienced immigration attorney at (480) 425-2009 or contact us through our website to schedule a consultation.

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H-2B application filing window opens on July 3, 2020

The Office of Foreign Labor Certification (OFLC) announced that the filing window to submit H-2B Application for Temporary Employment Certification (Form ETA-9142B) requesting work start dates of October 1, 2020, or later, will open on July 3, 2020, at 12:00 a.m. Eastern Time. Such applications will be denied if they are filed before July 3, 2020, at 12:00 a.m. Eastern Time. OFLC will randomly order for processing applications filed during the initial three calendar days (July 3-5, 2020) will be selected using the randomization procedures.

H-2B visa category is for workers performing temporary non-agricultural service or labor.   The employer petitioning for H-1B status for a foreign worker must establish that the need for the employee will end in the near, definable, future.  The request for labor must be a one-time occurrence, a seasonal need, a peak load need, or an intermittent need. For more information about H-2B status, click here.

Please note that this articles does not constitute a legal advice.  We showed only a procedural step and deadline of the H-2B process.  If you would like to discuss if you may qualify for H-2B status, call our experienced H-2B visa attorney at 480-425-2009 or contact an experienced H-2B attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your H-2B visa.

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Treaty investor (E-2) visa for Czech dealer of motorized surfboard

My client, a Czech entrepreneur, formed a US company that entered into a dealer agreement with importer of motorized surfboard manufactured in the Czech Republic. Motorized surfboard is an ultra-light high tech personal watercraft and MotoSurf is one of the fastest growing sports.

My client’s company focuses on marketing, sales and service of motorized surfboards boards. The investment was “substantial” and consisted with showroom construction, furniture, equipment, tools, event expenses, payroll and other related expenses. The company started with just four employees and is expanding quickly.

The investment is not marginal and the enterprise is real and doing business. The treaty investor (E-2) visa was approved pursuant to bilateral treaty between the US and the Czech Republic.

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline the treaty investor (E-2) visa requirements.  If you would like to discuss if you may qualify for treaty investor (E-2) visa, call our experienced treaty 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 treaty investor (E-2) visa.

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Characteristics of H-1B Specialty occupation workers

The U.S. Citizenship and Immigration Services released its Fiscal Year 2019 (FY 2019) Annual Report to Congress. Among other things, the report shows that the number of H-1B petitions filed increased by 0.4 percent from FY 2018 to 420,549. The number of H-1B petitions approved increased 16.9 percent from FY 2018 to 388,403.

Of the H-1B petitions approved in FY 2019, 71.7 percent reported that the beneficiary was born in India. The second most prevalent country of birth of H-1B beneficiaries was the People’s Republic of China, representing 13.0 percent of all beneficiaries. The third most prevalent country of birth of H-1B beneficiaries was Canada, representing only 1.2 percent of all beneficiaries. The beneficiaries from each other country represent less than 1% of all beneficiaries. The number of beneficiaries from India approved for initial employment increased by 54.7 percent in FY 2019

At the time their petitions were approved, 62.4 percent of workers granted H-1B status during FY 2019 were between 25 and 34 years of age and 85.9 percent of workers between 25 and 39 years of age.

The breakdown of the highest level of education achieved by H-1B beneficiaries shifted to upward trend towards master’s degree in recent years. The report shows that 54 percent of all H-1B petitions approved for workers in FY 2019 reported that the highest degree achieved by beneficiary was the equivalent of a master’s degree, 36 percent a bachelor’s degree and 8 percent a doctorate degree.

The reports shows the distribution of beneficiaries by occupational category. The category of computer-related occupations was the largest occupational category in 2019 representing 66.1 percent of approved petitions. The second largest category was category of occupations in architecture, engineering and surveying representing 10.1 percent of approved petitions, followed by categories in administrative specializations (5.5%), education (5.1%), medicine and health (3.9%), mathematics and physical sciences (3%), life sciences (1.6%) and managers and officials (1.2%), etc.

The corresponding shares for initial employment in computer-related occupations were 56.3 percent and 71.6 percent for continuing employment. The number of H-1B petitions approved for workers in computer-related occupations increased by 16.3 percent. The number of H-1B petitions approved for all other known occupation groups increased by 18 percent. USCIS found that the median salary of beneficiaries for FY2019 was $98,000 and 54% held a master’s degree.

Please note that this articles does not constitute a legal advice.  We showed only some data from the report to outline some characteristics of H-1B visa/status recipients.  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.

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Changes in employment authorization for asylum seekers

On August 25, 2020, new changes to the regulations governing asylum seekers and their eligibility for employment authorization will become effective. New regulations extend the wait time before the asylum seeker can apply for employment authorization from 150 days to 365 days. Asylum seekers who have failed to file for asylum within one year of their last entry won’t be eligible to apply until exception to the one-year requirement is approved.

The regulations prevent asylum seeker who, absent good cause, illegally entered the United States from obtaining employment authorization. In addition, regulations define new bars and denials for employment authorization, such as for certain criminal behavior; limit the employment authorization validity period to a maximum of two years; and automatically terminates employment authorization when an applicant’s asylum denial is final.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the latest changes to employment authorization process for asylum seekers.  If you would like to discuss if you may qualify for asylum and associated work authorization, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation.