Category Archives: Immigration and Naturalization

H1b Quota Met November 22nd, 2011 Now What?

The H1b quota has been met and came as a surprise as just a bit earlier, there were thousands available. However, many incoming cases were most likely not logged into the CIS computers and thus unaccounted for. Just before Thanksgiving, the CIS announced on November 23, 2011 that on November 22 , 2011 they had met the statutory cap of 65,000 for this year [which officially is Fiscal Year 2012]. Moreover, as of the 19th of October, 2011, the CIS received enough petitions to meet the 20,000 quota for people under the ‘advanced degree’ exemption. What’s next? Well, there is an option that some of my clients consider.

First, let’s preface. The H1b is the work visa for people with a degree or the equivalent. The government defines a position that requires a degree as a ‘Specialty Occupation’. If you do not have a degree you can trade 3 years’ experience in a qualifying field for a year of university training, and yes, you can apply for your entire 4 years of college to be waived if your equivalency is granted. The equivalency is evaluated by a CEF, or credentials evaluation firm, that an immigration lawyer can refer you to. The CIS has the right to challenge them but such a situation is rarely seen by us. The more common challenge is that you will have a position the CIS does not feel requires a degree in the first place. This type of challenge can be quite a burden so make certain that your position is a high-level one so this problem is not one you will face.

At this time, the only things an H1 applicant can do is extend a current H1, change employers, change employment terms, or work in a second H1 position. This last one is interesting. If a person is already on an H1 visa, he or she can still apply for a second one to hold concurrently. A lot of people are not aware that an H1 can be used for part-time employment or that the person is able to work for two companies simultaneously. There is one last two-part solution.

Some people who call us are businesspeople in their own country. However, thinking the transition to the US is hard, they secure employment with an American company so that they can make the move with some level of security. The trade-off, apart from a loss of independence, is a loss of earning capacity…of course this applies to anyone in any country. However, some of the people calling us are highly talented…but afraid. For those of you who are not afraid of entrepreneurial risk, read on.

Some of our callers have companies in foreign countries. If you have owned your company in your country (or any country for that matter) for a year and it is legitimate and creates revenue, you may be eligible for an L1 visa. In order to qualify, simply invest in a company in the United States and own at least 51% of it. If you are the manager or executive of that firm, you may remain in the United States for up to a year. However, a year later you may apply for the highest level Green Card there is, the EB1, and if you qualify, you may have it a year or so later. That particular type of Green Card does not require that the position (of the Green Card applicant) be advertised. That is a great advantage because if people more qualified than you apply for your position, they will move you off your place on the chess board of immigration. Another plus is that you don’t have to wait for the current 8 or so years for your Green Card. A benefit of the L1 is that your spouse will have work authorization.

A second option is available for people who do not own a current business. If you are from a Treaty Country (primarily Canada, Mexico, Australia, and most of Western Europe), you can apply for the E1 or E2, also called E-2 visa. The E visa group if for foreign investors who want to open a company in the United States. The reason I mention it is because a lot of people calling me seem to confuse the EB5 or EB-5 category with the E visa and think they must invest a million dollars and hire 10 US employees. The EB5 is too complex to discuss now and will be the covered in another article. However, with the E visa, we have successfully won cases with investments of $100,000 and a good business plan.

Many talented people feel that the H1B visa is their only option. It’s not. Sure, investing in your own company is risky, but so is working for someone else. If you are entrepreneurial, the E visa may turn your financial life around. Although the world economy is in a slump, the United States values brilliance and hard work. If you have a plan, maybe you can take it to the next step. For more information on the E and L visas, feel free to visit www.my-immigration-attorney.com/index-2.html. If you are moving to the United States, we created a site to help you understand the country a bit better: www.usa-explained.com. I hope this helps you find another option to the H-1b. Otherwise, you will have to wait until the new filing date of April 1st 2012 in order to start working on October 1st, 2012. Think of what you can do with your life between now and then as an entrepreneur!

Via EPR Network
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US Immigration DVD Lowers Illegal Immigration

US-Immigration-Explained, the first DVD to ever explain US immigration law to the masses in simple language is actually lowering illegal immigration rates. “We have received a number of calls recently”, states immigration lawyer and author Steven Riznyk, “that demonstrate the effect”. He states that people call explaining they had no concept of how the system works and for the first time really understand how their ideas were wrong and would hurt their lives. And people are actually telling me, states Mr Riznyk that they are returning, where others are telling me that they have decided against making the journey.

US Immigration DVD Lowers Illegal Immigration

A lot of people, states Steven Riznyk, have this misconception that they can illegally enter the United States and a year or so later all is forgiven. “I don’t know how these rumors start, but they get misinterpreted along the way and people’s lives are ruined by them”. What we are observing now, states Mr Riznyk, is that people, given the right information, are making rational decisions based on reality, not rumor. If they can decide based on a fact, they are more likely to make a decision that they will honor. And what we are finding, states Steven, is that people are finally understanding that they do have a choice; they don’t just have to run to the United States because it’s there. They can file a case legally as well. Customers are also recognizing that some things have more value than money itself.

People do not realize that there are a number of ways of entering legally. More importantly, they are realizing what the penalties are for entering illegally. As a result, US-Immigration-Explained is making people think twice before risking their lives to enter illegally. One who enters illegally is known by immigration lawyers as an EWI (Entry Without Inspection). This situation has to be distinguished from someone who enters legally and then overstays their visa. Many people in this situation do not realize that there are some options available. Once you leave the United States, a law called IIRIRA kicks in with 3 or 10-year bars for certain people. As a result, many people who had a possible solution did not educate themselves, left the country, and now are stuck separated from their family for 3, or more likely, 10 years.

An EWI puts a lot at risk. The person, usually a male, leaves his wife and children behind, and often puts his life on the line trying to enter the United States. Where before he had a family to come home to every night, he is now alone. Where before he worked a certain number of hours, he is now working every single hour he can. The comfort of a place to live is gone, and he is often sharing with a number of people. Why put all that at risk, states Mr Riznyk, when you have to live like a fugitive? This message has value especially to those who do have a family and some work back home. I don’t think they realize what they stand to lose , states Mr Riznyk, and they really have to ask themselves if they are gaining anything by being here. I have spoken to many, many people over the years who gave up their families and children, and looking back they wish they had never snuck into the US. With all the great things America has to offer, there is more value in remaining with your family than chasing the material dream, especially if you are one of the lucky ones who do have work and a family to come home to.

“There is so much misinformation out there that I felt there was a need for a clear message.” states Mr Riznyk, who has been in the field of immigration law for 22 years. I have dealt with thousands of cases of all types and there was no end to the lack of accurate information, he goes on to say. Sadly, the Internet has a lot of information but it is not organized. And there is so much to explain if you want to be thorough, states Mr Riznyk, that the shortest DVD program we were able to produce turned out to be almost 5 hours long.

And frankly, states Steven, had we not excluded the section on doctors and nurses it would have been substantially longer, and that could have made people stay away. However, the program is conveniently divided into chapters such as visitors, investors, students, relatives, workers, citizenship, miscellaneous visas, Green Cards, and waivers for criminal and health reasons.

The flip side of this, states Mr Riznyk, is that a lot of people don’t realize that they can legally achieve their goals. For example, if someone is unskilled and wants to work in the United states for 1-3 years, they can legally do so under the H-2B visa and save up some money. A Green Card is even possible, states Mr Riznyk, if they are willing to find an appropriate job offer and wait patiently. However, lack of patience often is the theme of the day and destroys future chances. Issues such as stating you are a citizen when you are not, entering illegally a second time, or voting when you are not a citizen can keep you out of this country.

The DVD is available in English, Spanish, and Japanese. It is available at www.US-Immigration-Explained.com. Steven Riznyk’s law firm can be found at www.my-Immigration-Attorney.com. His e-mail address is sr@USAexplained.com. He has also created a web site for people new in the US, tagged “The Owner’s Manual to the United States” and that site can be found at www.USAexplained.com. He is the author of two blogs, one for immigration law, and one for business investors, and the links for both can be found on his attorney web site, www.my-Immigration-Attorney.com.

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The Cap Is Getting Close For H2B Visas

This week the government released the latest count for the H2B, and we are at 58,845. The H-2B, states immigration lawyer Steven Riznyk (www.my-Immigration-Attorney.com) is a wonderful visa that allows employers with peak load, seasonal, and intermittent needs to hire temporary foreign workers to help them through. The H-2B does not have a degree requirement as contrasted to the H1b, so there is no shortage of persons available for the type of work that requires this assistance.

The only drawback to the H-2B, states Steven Riznyk, is that it requires the position to be advertised, which adds to the cost, sometimes substantially. Although this adds to the cost of the case, it is still a less expensive case than the H-1B that has filing fees of $1570 or $2320. In addition, with the H1B, employers often pay the $1000 Premium Processing fee in order to receive a rapid response. There is a blanket petition available as long as the multiple workers (called beneficiaries) conduct the same type of work on the same basis and in the same occupation and locale. Unlike the H1B’s specific rules, the employee can pay for the legal and filing fees of the case. If an employer terminates an employee, though, that employer must provide transportation to return the person to their home country and notify the USCIS. If an employer does not meet the conditions of the H2B or willfully misrepresents a material fact, he or she could face a $10,000 fine per violation, as well as be closed out of the petition process for 1-5 year term.

Workers who typically apply for the H-2B are in construction, health care, hospitality, food service, and farming. The H2B can also be used for performers as well as the technical and support personnel involved with the performance.

The H-2B can be filed up to 6 months before the need for the help arises; with most positions beginning in October and April. The first step is to obtain Labor Certification and that is where the advertising requirement enters into the picture. The DOL (Department of Labor) deals with this aspect before you can even apply for the visa. They do not allow you to obtain certification more than 120 days before you have the need.

An annual allotment of 66,000 visas is available and the SOS (Save our Small and Seasonal Businesses) Act of 2005 split it into two periods, 33,000 visas on October 1st and 33,000 visas on April 1st. The case has to be advertised in a local newspaper for 3 consecutive days (one day must be on a Sunday) and it is placed in an SWA (State Workforce Agency) job bank for 10 days. Renewals of the H2B visa are not counted towards the annual cap, nor are spouses and children. In accordance with the cap, no more than 33,000 can be issued in the first 6 months. The reason for this was in the past, winter employees had an advantage, which then impacted the availability of visas for summer workers.

In order to win an H-2B case, the employer must demonstrate a temporary need to the position. It could be a peak-load, seasonal, one-time, or intermittent need. Normally, the visa is issued for one year, but it can be renewed up to two more times, for a total of three years. However, if a visa is renewed, a new labor certificate is required. The numbers are counting down and if you are seeking an H2B, pay attention to the countdown!

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H1 B Visa Season is in Full Swing

The H1-b season is here. Many foreign workers with 4-year degrees will be filing their H-1 cases April 1st in the hopes of being able to work in the United States come October 1st. This visa is most popular amongst three groups of people: foreign students, medical professionals, and the tech sector. The H1b is fraught with a lot of misinformation. As a result, international lawyer Steven Riznyk has prepared a 9-page handout that people can download free at www.my-Immigration-Attorney.com in order to clarify the many questions immigration lawyers receive this time of year.

There is just so much misinformation out there, states Mr Riznyk, and with filing fees as high as they are, it would be a shame to file a case that would clearly not qualify. Additionally, the Internet if full of misinformation – information that is partial, preventing people from really understanding the issues. A call he received last week is indicative of what he means. A gentleman who drives trucks called me, states Mr Riznyk, and explained he had a job offer as a truck driver. We discussed his options and he had wanted me to call him back in Austria, which I did. He informed me that he did not want to hear from me anymore as he read a web site that informed him that for $247 he could apply for an H-1B visa and he stated “lawyers are too expensive”. The $247 he read in the web site stated it included filing fees. The filing fees for an H1B are $1570 or $2320, depending on the number of employees, and the H1B requires a 4-year degree or equivalent for a position that requires a four-year degree. Unfortunately, that person will not only lose $247, but also the filing date of April 1st. Most importantly he doesn’t qualify for an H1B, but nothing I could say would dissuade him.

Another aspect of the H1 that many people are not aware of is that it can be used for part-time work. The reason this is important is that the wages for an H1B employee are guided by a “prevailing wage” that the person must be paid. Regrettably, many employers seek to hire a foreign person in order to pay them less. When they discover that these candidates have to be paid a regulated wage, they often are unable to afford it. What they can do, states Mr Riznyk, is hire the person under the allowable budget, but on a part-time basis. However, states Mr Riznyk, there is a catch. If that person makes a high salary, that person is able to work part-time and still sustain themselves in the United States. If it is a low-paying position, the person may not make enough to cover expenses and that would lead to difficulties.

Lastly, cases should be well-documented. A lot of applicants pay the $1000 fee for Premium Processing so that they can have a rapid reply. However, they may receive an approval, denial, or RFE. An RFE is a Request For Evidence, or another way of stating that the government has more questions. If a case is not well documented, states Mr Riznyk, an RFE will not only slow the case down, but drive up the legal fees as responses to RFEs can take as long as the original case to prepare or longer. A lot of the appeals clients bring us, states Steven Riznyk, are from cases that were poorly prepared. I would urge people to really make certain that the case has all the information required to document all of the material aspects of the case so that it is not returned to you.

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Student Visa Option for the United States

This is the time of year that students are making application to foreign school and deciding on where they would like to go to enjoy their studies. Many are choosing the United States and this article will help the students understand what is involved in obtaining a student visa for the U.S. Immigration attorney Steven Riznyk (www.my-Immigration-Attorney.com) states that most students don’t require an immigration lawyer to prepare their case, but they should really understand the mechanics of the visa and what is allowed. For example, many students who call Mr Riznyk do so because they either work without authorization, overstay their visa, or do not attend classes as required and then unfortunately, they do require an immigration lawyer.

Student Visa Option for the United States

The student visa is a wonderful opportunity for someone to visit another country as well as gain an outlook on a different way of life and diverse business culture. In the United States there are 3 options for students: the F-1, M-1, and J-1 visas.

The F-1 is very popular, states Mr Riznyk, and is used by students seeking to enter the United States to pursue a degree or seek other educational options that are not covered by the M-1. In order to qualify, it has the requirement that the student keep a foreign residence which he or she does not intend on abandoning. In other words, a student cannot enter the United States with the intent of living there permanently. The student must enter with the intent of studying full-time. Family members of the student receive an F-2 but cannot work or study, with the exception of children, who may attend grades 1-12.

In order to obtain a student visa, the applicant must find a school that will accept him or her and then use the form I-20, which can be found on www.USCIS.gov. In addition to being accepted by an approved school, the student must demonstrate academic credentials sufficient to attend the school, states Mr Riznyk. The student must also demonstrate that he or she has enough money to pay for the school as well as living expenses. A proficiency in English is required, unless the student can show that he or she will be taught English at a level that would make him or her proficient. Last but not least, the student must show that he or she intends to depart the US at the end of the studies. Read on, however, as this aspect gets interesting!

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