Attorney Shah Peerally's Immigration Law Talk Shows: Recent Episodes
Shah Peerally
Immigration law podcasts explaining the complexities of immigration law and guiding applicants on their immigration endeavors.
The podcasts are unique because they are made by a well known and respected attorney. The podcast will cover issues related to visas with such as B1/B2 visas (visitor and business visas), H1B visas, L1 Visas, O visas, EB1 visas, student visas, perm labor certifications, national interest waivers (NIW), greencards, and citizenship. The podcasts will also cover immigration news, immigration politics and other issues related to immigration.
The audio are provided as educational guidance to the public and are not intended to be legal advice. No attorney-client relationship are created by the podcasts. If you need your case to be handled by an attorney, feel free to call Shah Peerally at the Shah Peerally Law Group PC at (510) 742 5887
Covering the latest on immigration law with questions and answers from the listeners. Recorded live from the KLOK 1170 AM studio on January 12 2017
Covering different topics on immigration including the future of immigration laws. Employment-based immigration, undocumented issues, Trump new immigration rules. For more information call (510) 742 5887 www.AttorneyOnAir.com
The Silicon Valley is the heaven for startups. People from all over the world want to come to California especially to the Silicon Valley to be the next ‘Google’ or ‘Facebook’. In fact, many will actually be successful. Such companies especially in the IT sector are often supported by foreign labor who have to move to the United States in order to assist the companies. Consequently, a visa is required in order for the startups or IT firm to bring foreign workers to the United States. While there are many visa options available, the H1B visa for startups is probably the most common one. This brings us to question whether a startup could be eligible to file an H1B visa.
The U.S. government takes working illegally very seriously. This audio will cover how foreign students can work in the United States.
There are limited work opportunities available in the United States for F-1 students. For this reason, before coming to the United States, F-1 students must prove they have the financial ability (e.g., present bank statements) to pay for tuition and living expenses while studying. If you decide that you want to work, the first step is always to talk with your designated school official (DSO).
If your DSO knows you are working without permission, they must report it through SEVIS, meaning your SEVIS record will be terminated. That means that you will have to leave the United States immediately, and you may not be allowed to return.
Depending on your status and program of study, you may be eligible for the following type of employment opportunities while you study in the United States:
On-Campus
On-campus employment is work that F-1 students whose status is Active in SEVIS status may apply for. On-campus employment is specific to work that takes place on campus or at an off-campus location that is affiliated with the school. Examples of on-campus employment include working at a university bookstore or cafeteria.
Active F-1 students may apply for on-campus employment up to 30 days before the start of classes. In order to apply, talk to your Designated School Official (D.S.O.) If approved, your D.S.O will provide you with a letter of approval. Take this letter from your D.S.O and a letter of approval from your employer to apply for a Social Security Number (SSN). All students who wish to work must apply for a Social Security Number.
If you participate in on-campus employment, you may not work more than 20 hours per week when school is in session. If you have additional questions, please visit the F-1 Student, please call us at 510 7425887.
Working Off-Campus
Off-campus employment is work that that takes place outside of a school campus. Off-campus employment is only available to F-1 students who have completed at least one full academic year of their program of study, and who have an economic hardship that qualifies for the Department of Homeland Security’s emergent circumstances.
To apply for off-campus employment, you must explain your economic hardship situation and receive approval to work from your DSO. If your DSO determines that the situation applies, he or she will recommend you and give you an updated Form I-20, “Certificate of Eligibility for Nonimmigrant Status.”
Once you have the new Form I-20, you must file a Form I-765, “Application for Employment Authorization,” with USCIS within 30 days of receiving your recommendation.
If U.S.C.I.S approves you to work, they will send you a Form I-766, “Employment Authorization Document,” (E.A.D) with the dates that you may work off-campus.
Please note that you cannot begin to work while the Form I-765 is pending with U.S.C.I.S. If you are approved, you may work 20 hours per week when school is in session. As with on-campus employment, you must also apply for a Social Security Number.
The above is just a quick guide on how foreign students on F1 can work in the United States. However, there are many issues associated with working on F1 visa. If you need help or want a consultation, we recommend you call us at 5107425887
Information provided is purely educational. You should not act or refrain to act solely on the information provided. Visit us at www.AttorneyOnAir.com for details.
By: Shah Peerally Esq.
The H1B visa is always a widely discussed issue amongst those who want to enter the US for work. Today we discuss here some important aspects of the H1B Visa that will make it easier for the readers to understand it.
What Is an I-601 Waiver, and When is it Required?
Some foreign nationals may be deemed inadmissible under INA 212(a), which covers bases including unlawful presence, criminal violations, and immigration fraud or misrepresentation. If a foreign national is considered inadmissible, then he or she must obtain a waiver of inadmissibility if they are seeking lawful permanent resident status. Generally, in order to successfully obtain an I-601 waiver, you must prove “extreme hardship” to a qualifying relative is moved to the applicant’s country, and that the qualifying relative can’t remain in the US without the applicant. These hardships are also weighed against “mitigating and aggravating factors.”
Note that under the 601A waiver, there might be options to file the 601 waiver while insde the United States.
The Shah Peerally Law Show today covered issues such as INA 214B, dual intent visas - H1B, L1B, L1A, L2 visas. It also covered mergers and acquisition for immigration purposes effect on I-140 petitions and H1B visas.
The Shah Peerally Law Group PC Washington DC office located at 1020 16th Street NW – is stationed in the heart of Washington DC two blocks away from the White House and in the vicinity of the Unite20161006_141453d States’ most important institutions including the headquarters of the United States Customs and Immigration Service (USCIS).
The office houses Attorney Sharif S. Silmi and will include support staff and other important legal positions.
Washington DC office -1020 16th Street NW.
Phone: 202-656-5553
sharif@peerallylaw.com
Covering topics on H4 EAD, I-140 and transfer of H1B, citizenship application and many other important immigration issues.
Immigration law show talking about H1B visas, L1 visas, I-140 and other immigration issued.
Immigration law show by attorney Shah Peerally recorded live from KLOK1170AM studio on September 15 2016
Shah Peerally law show.
http://peerallylaw.com
Some frequent visas which can be used to obtain a visa to come to the United States. There are very few Mauritian immigrants in the United States. Many are unaware of the options. We hope this video will help.
Information provided are for educational purposes only. You should not act or refrain to act solely on the information provided. No attorney-client relationship is created by this video. Attorney reserves the right to refuse the case. If you have any questions, feel free to call (510) 742 5887
Talking about the issues related to I-140, H1b, L1B, visa bulletin October 2016, and other immigration law issues.
The H1B visa is probably one the most sought visa in the United States. However not everybody qualifies for such a visa. This audio taken from our youtube video explains the how and when someone can get an H1b Visa. If you need help, please call us at 5107425887
Immigration and debt law show.The radio show is recorded live from KLOK 1170 studio on September 1 2016.
Immigration law show presented by attorney Shah Peerally covering important topics such as abandonment of greencards, multiple I-140 petitions, ac 21
Talking about the visa bulletin, immigration issues, I-140 problems, possible further retrogression on visa bulletins. The campaign to change the visa bulletin dates.
Law Show recorded live from KLOK 1170 AM on August 11 2016 covering issues such as I-140 petition, H1B transfers, AC21, Parents petitions, Debt Settlement and other immigration issues.
Immigration law show by attorney Shah Peerally talking about Visa Bulletin issues, I-140 petitions, H1B transfers, H1B revocation and answering live questions.
Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from India
The Department of State’s Visa Bulletin for August 2016 reflects a final action date of January 1, 2010*, for EB-4 visas for special immigrants from India. This means that starting on August 1, 2016, applicants from India who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant on or after January 1, 2010, will not be able to obtain an immigrant visa or adjust status until new visas become available.
India has reached its EB-4 visa limit as congressionally mandated for fiscal year 2016, which ends September 30. Information on EB-4 visa availability for fiscal year 2017 will appear in the Department of State’s October Visa Bulletin, which will be published this September.
EB-4 visas are for special immigrants. These are individuals who may be eligible for lawful permanent resident status based on specific classifications, including Special Immigrant Juvenile (SIJ).
What this action means to EB-4 applicants from India:
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Petitioners from any country, including India, may continue to file Form I-360. There is no annual limit on the number of Form I‑360 petitions that USCIS may approve.
Form I-485, Application to Register Permanent Residence or Adjust Status
The final action date is January 1, 2010. This final action date will become effective August 1, 2016.
USCIS will accept all properly filed submissions of Form I-485, Application to Register Permanent Residence or Adjust Status, under the EB-4 classification until July 31, 2016, and will continue to adjudicate applications while visas remain available.
If you file Form I-485 under the EB-4 classification on or after August 1, 2016:
We will process and make a decision on your Form I-485 only if you filed your Form I-360 petition before January 1, 2010, and your Form I-360 is ultimately approved.
We will reject and return other Form I-485 applications but will continue to process Form I-360 petitions (even if submitted together with a Form I-485 that gets rejected).
EB-4 applicants from other countries
The final action date for special immigrant applicants for adjustment of status from India, Mexico, El Salvador, Guatemala and Honduras remains January 1, 2010.
Applicants from Mexico should refer to Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from Mexico.
Applicants from El Salvador, Guatemala, and Honduras should refer to Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from El Salvador, Guatemala, and Honduras.
We will update the Employment Based Immigration: Fourth Preference EB-4 page if any other countries reach their EB-4 visa limits.
*Note: According to the Department of State’s July 2016 Visa Bulletin: “Readers should be aware that the establishment of the Employment Fourth preference Final Action date of January 1, 2010 does not mean that applicants are now subject to a wait in excess of six years. That Final Action Date is intended only to stop any further use of numbers by applicants from those countries under the FY-2016 annual limit, not to indicate how long it will be before applicants will be eligible for final action.”
http://bit.ly/august2016visabulletin
The August 2016 Visa Bulletin is seeing a horrible retrogression for all including China EB1 and EB2 all categories. This is not great news, watch our analysis.
"D. OVERSUBSCRIPTION OF THE INDIA EMPLOYMENT-BASED FOURTH (E4) AND CERTAIN RELIGIOUS WORKERS (SR) PREFERENCE CATEGORIES
As readers were advised in the May Visa Bulletin number 92, there has been extremely high demand in the E4 and SR categories, primarily for Juvenile Court Dependent cases filed with U.S. Citizenship and Immigration Services for adjustment of status. Pursuant to the Immigration and Nationality Act, this has now required the implementation of E4 and SR Application Final Action Dates for India, which has reached its per-country limit. This action will allow the Department to hold worldwide number use within the maximum allowed under the FY-2016 annual limits.
The India E4 and SR dates will become CURRENT for October.
E. OVERSUBSCRIPTION OF THE CHINA AND INDIA EMPLOYMENT-BASED FIRST (E1) PREFERENCE CATEGORIES
Readers were advised in item F of the July Visa Bulletin number 94, that it would be necessary to impose a date for these two countries no later than September. The continued high level of demand for E1 numbers for USCIS adjustment of status applicants has required the establishment of a date for August. This has been done in an attempt to hold number use within the Worldwide E1 annual limit. The E1 date for these two countries will once again become CURRENT for October, the first month of fiscal year 2017.
F. OVERSUBSCRIPTION OF THE WORLDWIDE, EL SALVADOR, GUATEMALA, HONDURAS, MEXICO, AND PHILIPPINES EMPLOYMENT-BASED SECOND (E2) PREFERENCE CATEGORIES
Readers were advised in item F of the July Visa Bulletin number 94, that it was likely that a date would be imposed by September. Continued high demand for numbers for USCIS adjustment of status applicants has required the establishment of a date for August. This action has been required to hold number use within the Worldwide E2 annual limit. The date for these countries will once again become CURRENT for October, the first month of fiscal year 2017.
G. VISA AVAILABILITY
Number use in the Worldwide F2A and F3 preference categories has increased dramatically, and is quickly approaching those fiscal year 2016 annual limits. Therefore, it may be necessary to retrogress those final application dates for the month of September. Any retrogression in the F2A and F3 preference categories would be temporary, with those dates returning to the latest reached during FY-2016 when the October dates are announced."
Information provided are for educational purposes only. You should not act or refrain to act solely on the information provided. No attorney-client relationship is created by this video. Attorney reserves the right to refuse the case. If you have any questions, feel free to call (510) 742 5887
IT consulting companies are faced with multiple issues related to in house projects. Recently we are witnessing many revocations after approvals based on H1B in house projects. This podcast covers the issues related to in house projects and H1Bs.
In this show we cover important issues relating to H4 and H4 EAD, I-140 petitions, I-140 revocations, family petitions, parents petitions and other immigration issues. Listen to the show and find more online
http://attorneyonair.com
Immigration Law Show by attorney Shah Peerally covering the sad news coming from the US supreme court on DAPA and DACA. It also covers issues related to I-140 petitions, H4 EAD, H4 Visa and other important visas.
http://AttorneyOnAir.com
VAWA - Violence Against Women Act is a very powerful tool which can help many immigrants in abusive relationship. Listen to attorney Sharif Silmi talking about a VAWA case which we have just won. He also explains the U visa. Please share.
Many are wondering how they can open a branch or subsidiary in the United States and ultimately travel to the United States. The L1A is good option which can turn into a permanent residence under EB1c. It is also an alternatives for those individuals and employees from India and China who have been waiting for years under the EB2 and EB3 categories. This video by attorney Sharif Silmi from the Shah Peerally Law Group PC and Immi Law Help Inc. addresses this issue. Watch it and call us at (510) 742 5887, should you have any questions.
Many are facing the sad situation of being terminated while they are on H1B status. This podcast covers the issues related to this lay-off situation.
http://peerallylaw.com
Shah Peerally Law Show covering immigration issues such as H1B alternatives, E visas, EB5 etc.
http://attorneyonair.com
VAWA is Violence Against Women Act. Although it sounds that this law is limited to women, it also applies to men who are subjected to abuses. Check the podcast on the matter.
http://peerallylaw.com
Recently many from the Middle East callers and potential clients have been calling us from the Middle East to check on how they can move to the United States. This podcast covers the options for business, investors and employment options from people coming from the middle east.
For more information call us at 510 7425887.
This podcast covers four of the most frequently asked questions when it comes to H4 EAD. It is often the main reasons why people actually shift to H4 work authorization document or refrain to move to H4 EAD. We hope it helps. For more information on H4 EADs or H4 visas, please visit http://www.H4toEad.com
In many USCIS or immigration petition a birth certificate is required. Unfortunately many times in many countries such as India, Pakistan and Afghanistan there is no birth certificate available. This podcast talks about how to deal with unavailability of a birth certificate.
The Shah Peerally Law Show on Thursday June 16 2016 include issues such as H4 visas, H4 EAD, work permits, questions and answers on AC 21, naturalization interviews,etc.
http://attorneyonair.com
According to an article on CNN, Trump's proposal on banning people from countries affected by terrorism will ultimately have an impact on dozens of countries in the world. It will also likely affect around 10.5m visitors and business people around the world.
http://immigrationlegalblog.com/2016/06/according-trump-almost-10-5-million-people-will-ban-entering-america/
The USCIS usually conduct an interview on many adjustment of status cases including marriage petitions, parents petitions, and something on employment based greencards. There is usually a stigma attached to these interviews. This podcast by attorney Shah Peerally tries to explain the issues involved in the interviews.
For more information please visit http://peerallylaw.com
Just like the Visa Bulletin for India, the waiting time at the US consulate for India is totally backlogged. This what AILA posted today.
U.S. Consular Posts in India are currently experiencing extraordinary wait times for nonimmigrant visa (NIV) interview appointments. At the time of this writing, the current wait times for all NIV categories other than B, F, and J are:
Chennai – 75 days
Hyderabad – 93 days
Kolkata – 96 days
Mumbai – 88 days
New Delhi – 100 days
http://www.peerallylaw.com/visa-us-consular-india-highly-backlogged/
The sad event of Orlando will definitely have an impact on immigration. This law show talks about knowing your rights as an immigrant but also about other issues on immigration including H1b visa, OPT, L1, EB1 visas.
For more information please call (510) 742 5887
If your Priority Date meets the most recent Cut-off Date, or is likely to become current soon, the NVC will:
Invoice you for your visa application fees
Collect your visa application and supporting documentation
Hold your visa petition until an interview can be scheduled with a consular officer at a U.S. Embassy or Consulate.
If your Priority Date DOES NOT meet the most recent Cut-off Date, the NVC will notify you and hold your petition until your Priority Date meets the most recent Cut-off Date or is likely to become current soon. As your Priority Date gets closer to the Cut-off Date, NVC will contact you to start processing. The Department of State updates the Cut-off Dates on a monthly basis in the Visa Bulletin.
http://peerallylaw.com
The EB1A is issued for those who have extraordinary abilities. While there is a misconception that you have to have a Phd. to obtain an EB1A, some applicants with Phd might be denied while non-Phd might actually get an EB1A.
For more information visit http://www.peerallylaw.com/en/content/view/eb-1a-extra-ordinary-ability-faqs/
Immigration law show by attorney Shah Peerally covering different issues of immigration law including the visa bulletin, citizenship and many other immigration matters.
http://immigrationlegalblog.com
VAWA is one of the most powerful legislation protection people who have been abused in their marriages. Note that VAWA can actually be used for men also.
The elements of VAWA requires
1. The spouse of the abused was at least a permanent resident (Greencard holder)
2. The abused entered in a bona fide marriage
3. The applicant was victim of abuse(s)
4. The applicant has good moral character.
VAWA petitions are very helpful to protect such victims. For more information on VAWA, please visit http://www.peerallylaw.com or call us at 510 7425887.
Birth Certificates (BC) is an important component of your application for adjustment of status or when filing for your greencard and in other immigration proceedings. Unfortunately some countries such as India, Pakistan,or Afghanistan at some point in time, there was no BC. This podcast from our video explains how to deal with the unavailability of birth certificates.
Podcast presented by attorney Shah Peerally.
This is a quick guide on how to bring your parents to the United States. It guides you a step by step basis what paperwork to file and what is the law related to the filing of parents petitions. You should take this only on an educational basis and not act or refrain to act solely on the information provided. If you need help please call us at (510) 7425887
AILA is calling on samples of cases denied based on the Simeio case. The H1B Amendment cases have lately been somehow a big hurdle for many companies which constantly move their employees. As such many lawyers have been contacting AILA to ask for some sort of relief.
http://www.peerallylaw.com/aila-calling-samples-cases-denials-based-simeio-decision/
Everyday thousands of visitors, students and greencard holders cross through the port of entries including airports. Many do not get questioned heavily on their entry while others do get many questions. This audio podcast try to give you an idea of the possible questions at the airport.
http://www.peerallylaw.com/happens-port-entry-airport-entering-non-immigrant-visa/
The law show covered topics on UCLA shooting, Indian community backlash, immigration backlash, E3 visas, EB2 delays, citizenship, debt settlement and other legal issues.
Information provided is purely educational. You should not act or refrain to act solely on the information provided.
Following the Buzzfeed article, the Senator's intervention and our video and podcast, many students are panicking on what happens next? This podcast hopefully might shed some lights.
Information provided is purely educational. You should not act or refrain to act solely on the information provided. You should contact an attorney if you have any questions.
With the H1B cap finished and L1 visas are short. Many companies are looking for alternatives for their foreign employees. The B1 in lieu of the H1B is one of those alternatives. This podcast gives a quick overview of the B1 in lieu of the H1B.
Information provided is purely educational. For more information visit http://www.peerallylaw.com
Shah Peerally Law Show on May 26 2016 covering a number of important topics including AC21, I-140, EAD, F1 visa, OPT etc.
The show have question and answers
How much of Trump's immigration agenda can be implemented? What will happen to thousands even millions of immigrants if Donald Trump becomes the president. This video analyzes in an objective way what Trump can actually do or not do as a president on immigration.
Opinion and information provided are purely educational. You should not act or refrain to act solely on the information provided. You should contact an attorney if you have any questions.
Link to Buzz Feed Article: http://bzfd.it/25uiTM9
Video: http://bit.ly/24hbyNx
Follow us on https://www.facebook.com/StudyintheUnitedStates
PeerallyLaw Articles: http://bit.ly/npustudents
Is NPU (NorthWestern Polytechnic University) next in the list of investigated University?
An article on Buzzfeed on May 26 2016 describes NPU as “A college on the edge of Silicon Valley has turned itself into an upmarket visa mill, a BuzzFeed News investigation has found, deploying a system of fake grades and enabling thousands of foreign students to enter the United States each year — while generating millions of dollars in tuition revenue for the school and the family who controls it. “
The video covers the rights of the students and to all NPU students please be ready for all eventualities.
Information provided are for educational purposes only. You should not act or refrain to act solely on the information provided. No attorney-client relationship is created by this video. Attorney reserves the right to refuse the case. If you have any questions, feel free to call (510) 742 5887
We often get the question how someone should file their H4 change of status and H4 EAD? Should they file concurrently? Can they continue working while the H4 is pending? When do they get their EADs?
This question was asked during one of our radio shows. Here is the answer.
For more information on H4 visas and H4 EAD visit http://www.h4toead.com
Information provided is purely educational. You should not act or refrain to act solely on the information provided. Feel free to call us at (510) 742 58887 for a consultation.
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes. http://immigrationlegalblog.com
This is a question that was asked on our law show on how to move from EB3 to EB2. It is a very frequently asked question.
Note that information provided is purely educational. You should not act or refrain to act purely on the information provided.
http://immigrationlegalblog.com
Consular processing is always scary for non-immigrant visa holders because it entails a very difficult and stressful process. However in certain instances, there is no choice and in certain instances it is not really a consular processing. This audio taken from our video on our youtube channel http://youtube.com/shahpeerallylaw explains some of the issues involved.
This June 2016 Visa Bulletin shows a retrogression for India and China of EB2 category of almost 4 years for India. In May 2016, India was at least in 2008. In June 2016, it is becoming a 12 years behind the current year. Not only the employment based (EB) is retrogressed but the family based (F4) category is also retrogressed for both. Indeed the June 2016 Visa Bulletin shows a disturbing processing time which ultimately is making many loose faith in the system. The government in October 2015 raise the hopes up with a new system of the visa bulletin where they divided the visa bulletin dates into two parts including an acceptance time and then a processing time. Many started to have hope again. Then during that great hope, came another bad news: the government retrogressed the dates even before they came into effect.
http://immigrationlegalblog.com/2016/05/keeping-the-visa-bulletin-retrogressed-is-not-only-unfair-but-immoral/
This audio/video covers issues related to those who can file for a permanent residence from a student visa without passing through the H1B process.
Note that this method is not recommended for those who visa numbers are not current because it jeopardizes the ability to renew the student visas.
Information provided purely for educational purposes.
For more information visit http://immigrationlegalblog.com
A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case. RFEs are often in point form requesting factual information from either the beneficiary or petitioner. While many RFEs are simple, lately many RFE’s have become more complicated and tend to require legal assessment before they can be answered. Our law firm, having filed more than 1000 immigration cases, is quite familiar with responding to RFEs.
Based on our experience, we have compiled a 10 Point legal guide to assist you in answering your RFEs. Note that this guide does not cover every single RFE related issue. We highly recommend that you retain a lawyer to help you on your case.
http://www.peerallylaw.com/en/content/view/567
Changing status from B1 or B2 Visas to F1 visa has now become quite difficult. This podcast covers this issue.
Information provided is purely educational.
Can someone transfer their H1B visas without a pay check stub. This audio covers the issues related to H1B transfer. The H1B transfer process can be very stressful and many find themselves out of status because of wrong timing or wrong understanding of the law.
Read the article on H1b Transfer here:
http://www.peerallylaw.com/h1b-transfer/
Asylum are for those who are being persecuted, fear persecution, or have been persecuted in their home country. Once an asylum is file or approved, it is important that before traveling you know what are your risks. This audio talks about the issues related to those who have an approved asylum, greencard through asylum or pending asylum case.
For more information, feel free to reach out to us at 510 7425887.
It is possible to adjust status through marriage or petition a parent while they are in the United States on a B1/B2 visa. However, there might be few issues that limit the ability to do that. This podcast covers quickly how it is done and should you need any help please call us at 510 7425887.
An E-2 is a visa is for a foreign national of a “investor treaty” country, coming to the US to direct the operations of an enterprise in which the investor has invested or is actively in the process of investing a substantial amount of capital. This visa may also be obtained by key employees of the business. Key considerations include: i) whether the foreigner is a national for a country that has an E-2 investor treaty, ii) that the business is 50% owned by foreigners of the treaty country, iii) that the foreigner is either a 50% owner or a key employee of the company, iv) that and that the investment is “substantial.”
E-2 Immigration LawyersIn order to determine if the foreigner is a national of a qualified country, we must refer to Volume 9 of the Foreign Affairs Manual, section 41.51, Ex. 1. If the foreign national’s country is not on this list, then E-2 is not an option.
Establishing that at least 50% of the US business is owned by eligible foreigners obviously depends on the nationality of the owners. Interestingly enough, however, is that if one of the owners is a US lawful permanent resident, that person’s ownership is not considered to be that of a foreigner, even if that person is a citizen of a qualifying treaty trade eligible country.
While an owner who owns at least 50% of the US business is eligible for E-2, “key employees” are also eligible. A key employee must prove that they are either an “essential skills” worker whose skills are essential to the trading enterprise or key executives.
Proving “substantial investment” is not a precise art because the regulations do not specifically define “substantial.” At a minimum, the investment should produce a return that is higher than a mere income to support the investor and her/her family. Three factors to consider are 1) dollars invested ($200K is a reasonably safe minimum, but some have obtained E-2 visas on initial investments as small as $50K), 2) proof that the amount is enough to capitalize business functions (this obviously varies by business), and 3) the investment should go beyond marginal job creation (that is, at least beyond creating a job just for the investor).
http://www.peerallylaw.com/en/content/view/517
List of Treaty countries: https://travel.state.gov/content/visas/en/fees/treaty.html
After your H1B visa is approved by the Department of Homeland Security (DHS) and if you are abroad, you will need a stamping of visa on your passport at the US Consulate (Department of State). You might also need a stamping for other reasons. This podcast covers the possible questions as it relates to the H1B visa interview at the US embassy. Note that these are just samples and questions can actually vary based on the case. We recommend preparing yourself well for the interviews. The podcast also covers some tips on how to appear for the H1B visa interview. Information provided is purely educational. You should not act or refrain to act solely on the information provide. If you have any questions, feel free to call us at 510 7425887 or email info@immilawhelp.com
The information in this channel does not constitute legal advice. We make no guarantees about the accuracy or adequacy of the information contained or linked to this web site. You should not act or refrain to act solely on the information provided
B-1 Temporary Business Visitor
You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:
Consulting with business associates
Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
Settling an estate
Negotiating a contract
Participating in short-term training
Transiting through the United States: certain persons may transit the United States with a B-1 visa
Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa
Eligibility Criteria
You must demonstrate the following in order to be eligible to obtain a B-1 visa:
The purpose of your trip is to enter the United States for business of a legitimate nature
You plan to remain for a specific limited period of time
You have the funds to cover the expenses of the trip and your stay in the United States
You have a residence outside the United States in which you have no intention of abandoning, as well as other binding ties which will ensure your return abroad at the end of the visit
You are otherwise admissible to the United States.
Information provided is purely educational. You should not act or refrain to act solely on the information provided. You should contact an attorney if you have any questions. Feel free to call (510) 7425887 for any questions.
As there is no statutory or regulatory definition of the term “national interest”, USCIS relies on a 1998 Administrative Appeals Office precedent decision setting forth a three-prong test for evaluating requests for a national interest waiver. See Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm’r 1998) (“NYSDOT”). These three prongs are outlined below.
Requirement 1 - You must show that you plan on working in the United States in an area of substantial intrinsic merit.
Requirement 2: You must show that the proposed impact of your work is national in scope.
Requirement 3: You must show waiving the labor certification requirement would benefit the national interests of the United States.
Information provided is purely educational. You should not take it as legal advice. No-attorney client relationship is created by this podcast.
This podcast deals with denials under INA 214(b). INA 214(b) is the most common denial at the US consulates for non immigrant visas. Note that INA 214(b) rarely applies to dual-intent visas such as H1, H4, O visas. However, it is extensively used for B1 visas, B2 visas and F1 visas denials. The law reads:
(b) Every alien 10/ (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) . An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and su bstance as is prescribed by section 247(b).
INA 214(b) is one of those “mysterious” law which functions on the discretionary power of the adjudicating or consular officer who is actually interviewing the applicant. It is extensively used to deny visas based on the fact that every applicant is “is presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15)”
As such anybody can be found to have an immigrant intent and not be able to prove otherwise. Note that the burden of proof is on the applicant. In simple terms, this means that someone who is applying for this visa has to prove that he or she plans to be leaving the United States once he or she finalizes either her visit or her studies.
This podcast talks about how you can deal with the denials under INA 214(b).
An overview of the famous H1B working in the United States Visa by Attorney Shah Peerally.
The H1B visa is an important visa and many are confused with how to apply for it. This podcast just give an overview of the system. It is provided for educational purposes only.