Newsletter

Criminal history, particularly offenses categorized as Crimes Involving Moral Turpitude (CIMT), can have serious consequences on an individual's ability to obtain visas, adjust their status to lawful permanent residence (green card), or become a U.S. citizen.

As a prospective Cap Subject H-1B Visa Employee, you shall gather all relevant documentation whether you are filing to change your current non-immigrant status to H-1B or going for H-1B visa interview overseas. If you are opting for the change of status, you have an obligation to prove legal status throughout your U.S. stay.

The E-2 visa allows foreign nationals from treaty countries to invest in and manage a U.S. business. While the required investment amount depends on the size and scope of the business or project, it should be substantial and typically exceed $100,000 to meet the visa criteria.

The EB-1A is an employment-based, first-preference category green card designed for individuals who possess extraordinary ability in fields such as sciences, arts, education, business, or athletics. To qualify under EB-1A, the individual must demonstrate sustained national or international acclaim and show that their achievements have been recognized in their field. Importantly, no employer sponsorship or job offer is required for this category, which allows the individual to self-petition.

When an employer terminates an H-1B worker, failing to follow the correct procedure can result in significant financial liability, including back wages owed to the employee. The U.S. Department of Labor (DOL) requires that employers adhere to a process known as a bona fide termination to avoid ongoing wage obligations.

International students on F-1 visas in the United States are provided with unique opportunities to gain practical experience in their field of study through two main programs: Curricular Practical Training (CPT) and Optional Practical Training (OPT), including the STEM OPT extension for certain eligible students. Employers who wish to hire these students must follow specific regulations established by U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS). This article outlines the compliance protocols and employer responsibilities for hiring students under CPT, OPT, and STEM OPT programs.

In today's volatile economic landscape, successfully navigating the Program Electronic Review Management (PERM) labor certification process can be particularly challenging for employers. The PERM process, which requires employers to prove that there are no qualified U.S. workers available for a particular job before hiring a foreign worker, involves a meticulous recruitment process. Here are key strategies to help employers successfully navigate the recruitment of U.S. workers in a bad economy.

Nursing remains a critical field in the U.S. healthcare system, and the demand for qualified nurses continues to grow. For foreign nurses seeking to work in the United States, there are several immigration pathways available. This article explores two primary options: the Schedule A I-140 Immigrant Petition and the H-1B Visa, along with the requirements for passing licensing exams.

Traveling internationally with H-1B status can be tricky. Here's a straightforward checklist and some essential tips to help you prepare. Note that some airports, like Chicago, and pre-flight immigration stations, such as Abu Dhabi, can be particularly strict for H-1B holders, especially those working at client sites or for smaller companies.

The H-1B visa is a coveted work visa for foreign professionals seeking employment in the United States. However, receiving a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS) can be a daunting obstacle in the H-1B application process. An RFE indicates that USCIS requires additional information or documentation to make a decision on your petition. Successfully responding to an RFE is crucial to the approval of your H-1B visa.

The employer must read and agree to statements (1) through (4) below and demonstrate that agreement by marking “Yes” in Section F of Form ETA 9035 and by signing the application form.

An H-1B Audit is conducted by the Wage and Hour Division of the US Department of Labor (DOL) or United States Citizenship and Immigration Services (USCIS) to determine if an H-1B employer is in compliance with the existing H-1B laws and regulations.

If you were not selected in the H-1B visa lottery, there are several alternative visa options available, depending on your qualifications and circumstances.

In today's interconnected world, the ability to attract and retain top talent from around the globe is crucial for businesses aiming to maintain a competitive edge. The global landscape of talent acquisition and mobility is constantly evolving, influenced by economic shifts, technological advancements, and changing immigration policies. Employers must navigate these complexities with strategic foresight and informed decision-making.

Successfully filing a PERM (Program Electronic Review Management) labor certification using experience gained with the same employer involves a detailed and precise approach to demonstrate that the new role is indeed a bona fide position requiring more advanced skills or responsibilities than those the foreign national held in previous roles within the company. Here's a step-by-step guide to enhance the chances of approval.

In March 2016, the STEM final rule13 expanded STEM OPT to 24 months but along with expanding the maximum period, it also put into place certain compliance provisions including the right to conduct worksite visits to ensure that employers and F-1 students authorized for STEM OPT have complied with program requirements.

The FDNS Directorate (herein also referred as “unit”) is an office within USCIS that conducts unannounced inspections of employer worksites for companies that sponsor foreign workers.

For nonimmigrant visa holders in the United States, navigating the complex intersection of immigration law and criminal activity is crucial. Criminal convictions, even for seemingly minor offenses, can have profound implications on one's immigration status, affecting everything from visa extensions to future admissibility into the U.S. Specifically, offenses such as shoplifting, domestic violence, DUI (Driving Under the Influence), and assault and battery can significantly impact the ability of nonimmigrant visa holders to extend their stay or obtain visa stamping for re-entry.

The Yates Memo, officially titled “Ability to Pay under Section 204.5(g)(2)” and issued by the U.S. Citizenship and Immigration Services (USCIS) on May 4, 2004, provides guidance on how to determine an employer's ability to pay the proffered wage from the priority date onwards in employment-based immigrant visa petitions, including those filed on Form I-140, Immigrant Petition for Alien Worker.

The EB-5 Green Card, also known as the EB-5 Investor Visa, represents a unique pathway for foreign investors and their families to gain permanent residency in the United States. Our law firm offers expert guidance on this process, ensuring a comprehensive understanding and successful application.

The “Exceptional Ability Green Card” and the “National Interest Waiver (NIW) Green Card” are two distinct paths for obtaining permanent residency in the United States, typically falling under the EB-2 visa category.

Understanding the impacts of DUI and Crimes Involving Moral Turpitude (CIMT) is crucial in immigration processes. While a DUI may not always prevent citizenship or a green card, complexities arise with additional offenses or multiple DUIs. CIMTs, which broadly cover actions deemed contrary to moral standards, significantly affect immigration status, leading to inadmissibility or deportation.

The ability to pay in an I-140 petition, which is part of the U.S. immigration process, is a requirement that an employer must meet when sponsoring a foreign national for an employment-based permanent residency (also known as a green card). Essentially, the employer must demonstrate to the United States Citizenship and Immigration Services (USCIS) that they have the financial capacity to pay the offered salary to the foreign worker.

Filing Form I-751, Petition to Remove Conditions on Residence, is a necessary step for individuals who were granted conditional resident status through marriage and want to convert it to permanent residency.

An H-2B visa is a type of non-immigrant visa that allows U.S. employers to temporarily hire foreign workers for non-agricultural jobs when there is a shortage of qualified U.S. workers. The H-2B program is designed to address the seasonal or peak-load needs of businesses, such as those in hospitality, landscaping, construction, and other industries.