In recent months, some of the biggest tech companies in the United States have laid off thousands of employees . It has left many H-1B visa workers struggling to find new employment. Because of this, there is a possibility that hundreds of people who are currently in the U.S. on temporary work visas will have to leave if they are unable to find new sponsors for employment. Time is of great importance for foreign workers directly affected by the layoffs. H-1B visa holders have 60 days to change jobs or depart the country. A final rule published in the Federal Register provides a few stipulations as well as a deferral period for H-1B employees looking for another job. Your 60-day grace period means that you are considered to be in valid status during this time. It starts the day the employee is let go, fired, or resigns from their position. The 60-day grace period usually begins on the date specified in the termination letter or last pay statement. During this time, you can generally only request a change of employer or change of status if you have a valid immigration status. Thus, the grace period rule gives you the right to change to another nonimmigrant status or find another employer who will sponsor you as an H-1B. If you are an H-1B visa holder who has been affected by the recent layoffs , it is important to ensure you maintain lawful status. First, you must find an employer who is willing to hire you and file the I-129 form (Petition for Nonimmigrant Worker) or the employer or you may file another appropriate form such as form I-539 (Application to Extend or Change Nonimmigrant Status). So long the petition or application is received by USCIS prior to the 60 day period expiring, you are eligible to remain in the U.S. while USCIS adjudicates the case. Overall, H-1B visas provide some protections, and the 60-day grace period provides a lifeline to workers affected by layoffs . However, you should be aware that USCIS is not required to accept the 60 day grace period, though they routinely do this for many workers. If you need legal counsel or assistance with the H-1B visa, consult an experienced immigration lawyer through Direct U.S. Immigration to go through your specific circumstances.
https://www.youtube.com/watch?v=GEJIe8IVHVc As you know, besides family and immediate relative immigrant visas, the U.S. also gives visas to people who qualify to work in the United States. This process can be very complex, so today we’re here to discuss the EB-1 green card , an immigrant visa. Some refer to it as the best employment-based category for the green card category because it offers certain flexibilities and advantages that other similar categories do not. What is an EB-1 Based Green Card? The EB-1 based green card is a first-preference visa that is open to three subgroups of foreign nationals. There is the EB-1A subcategory for people with extraordinary ability, EB-1B for outstanding professors, and EB-1C for certain multinational executives or managers. The EB-1 visa is highly desirable because its application wait time is remarkably shorter than most other immigrant visa categories, which sometimes take many years. Additionally, it doesn’t require you to obtain Labor Certification from the Department of Labor, which is a major requirement in most other categories. Eligibility Criteria for the EB-1 Based Green Card You may be eligible for an EB-1 green card if you are a foreign national who meets any of the following three descriptions: ⦁ A person with extraordinary ability ⦁ An outstanding professor or researcher ⦁ A certain multinational manager or executive Each of the above subcategories has its own specific criteria applicants must meet. EB-1A, Workers of Extraordinary Ability Subcategory A worker with extraordinary ability in the sciences, arts, education, business, or athletics, may qualify for a green card as a priority worker. The person’s achievements must have been publicly recognized and resulted in a period of sustained national or international acclaim, leading to this category having been nicknamed the “Einstein visa.” The application process often shows that the foreign national is a widely acknowledged leader in the artistic, educational, business, or athletic fields. No job offer is needed in this subcategory so long as the foreign national will continue working in the field of expertise after arriving in the United States. If, however, the worker has received a job offer from a U.S. employer, that employer can help with the EB-1 application by filing the required initial petition with U.S. Citizenship and Immigration Services (USCIS) on Form I-140 . EB-1B, Outstanding Professors, and Researchers Subcategory Suppose a foreign national has an international reputation for being outstanding in a particular academic field. In that case, that person may qualify for a green card as a priority worker within the outstanding professors and researchers subcategory with an offer of work from a U.S. employer. The foreign national will have to show at least three years of experience in either teaching or research in the relevant academic field. The job offer for which the applicant is coming to the U.S. must be a specific tenured or tenure-track teaching or research position at a university or an institution of higher learning. Or, if the position is at a research organization, it must be a permanent position. Not every type of employer can make use of this visa category. It must be a “qualified employer,” meaning either a university or institution of higher education or a department, division, or institute of a private research entity with at least three full-time researchers on staff. The private U.S. employer will also need to show a history of making significant research achievements. EB-1C, Multinational Executives and Managers Subcategory his subcategory of the EB-1 priority worker category is limited to executives or managers who have been working for a qualified company outside the U.S. for at least one out of the past three years. Or, if the person is already in the U.S. on a temporary visa, it’s possible to qualify based on having been employed as an executive or manager at that company for one of the three years before arrival in the United States. The foreign national must now be planning to take a managerial or executive position with a U.S. branch, affiliate, or subsidiary of the very same company. The U.S. office must show that it has been in business for at least one year. (The prerequisites are similar to those for L-1 intra-company transferee nonimmigrant visas.) How to Apply Under the EB-1 Category The EB-1 immigrant visa application process varies depending on the subcategory you are applying for. EB-1A: If you apply under extraordinary ability, you can file your petition. You must file Form I-140, Petition for Alien Worker, with USCIS. In other words, you don’t need to wait for an employer’s job offer, nor do you need one to sponsor your petition. EB-1B and EB-1C: If you apply as an outstanding professor, researcher, multinational executive, or manager, you will need an employer to sponsor your petition. The employer will file Form I-140 with USCIS on your behalf. During the application process, the employer will need to prove they have the financial ability to start and sustain the payment of the agreed wage as your petition’s priority date. They may need to provide their federal income tax return, annual report, or audited financial statement to demonstrate their financial ability to pay their wages. How Long Does it Take to Get the EB-1 Qualification? The processing time generally depends on the backlogs at the USCIS office processing your I-140 petition. It generally takes over 7 months to receive a decision. If you want to expedite the process, you may request a premium processing service that guarantees a decision within 15 days. To do this, you will submit Form I-907 to USCIS, with an additional fee of $2,500. EB-1A applicants may enjoy a speedier process than other subcategories, as they don’t have to wait for an employment offer. However, all EB-1 visa categories generally have a faster application process timeline than other employment-based visas. This is due to the non-requirement of the labor certification process. After submitting your I-140 petition either by yourself or through an employer, you will receive the following notifications from USCIS: ⦁ Receipt of notice
The Child Status Protection Act (CSPA ) is a statute that guards against children “aging out” of eligibility for permanent residency when they turn 21 while their parent’s immigration petition is still pending. The CSPA applies to individuals under the age of 21, unmarried, and the biological or adopted child of a United States citizen or lawful permanent resident. The Child Status Protection Act (CSPA) seeks to protect children by allowing them to retain the same immigration classification regardless of their age by “freezing” or “resetting the clock” on their age for a purpose of determining their eligibility for permanent residence when an immigrant visa petition has been filed on their behalf before they turn 21. For example, if a child was 18 years old when their parent filed a petition for them but turned 21 before the petition was approved, they would still be eligible to receive permanent residency as if they were 18 at the time of approval. The Child Status Protection Act (CSPA) also allows parents or guardians to substitute a new child if the child previously listed on their petition “ages out” and is no longer eligible under the CSPA. This provision enables parents or guardians to replace an ineligible child with a qualifying son or daughter who meets all other eligibility requirements for immigration benefits. CSPA applies to married sons and daughters of the citizens’ category, but only when their parent is naturalized after filing the visa petition. In this situation, CSPA allows the time between when the petition was filed and a parent’s naturalization to be subtracted from their age at the time of visa availability. It means that they may be eligible for a visa even if their age exceeds 25, as long as their parent had not naturalized before their 25th birthday. Overall, CSPA helps protect children of immigrants from aging out and losing their chance to obtain legal status in the United States. It allows them to remain eligible for a visa even after they reach the age limit, as long as they began the process before turning 21 or 25 (depending on the preference category). It is an important protection that helps ensure fairness in immigration processing. However, not all children are eligible for this protection, as it depends on the case and does not guarantee permanent residency. By understanding how the Child Status Protection Act (CSPA) works and who it applies to, you can feel at ease knowing that your son or daughter will not be denied their immigrant benefits due to “aging out” of eligibility. Consult with an experienced immigration attorney for advice on your case and eligibility for the Child Status Protection Act.
As you know, the E-3 visa is a U.S. work visa dedicated to Australian citizens. In 2005, the U.S. and Australia entered the Australia – US Free Trade Agreement (AUSFTA ). Due to that, they created a specialty visa that only highly qualified Australian citizens can obtain. Each year, only 10,500 E-3 visas are given to Australians. This visa is reserved for Specialty Occupation Professionals from Australia. A specialty occupation is defined as: ⦁ One that has a body of specialized knowledge ⦁ One that requires higher education qualifications such as a Bachelor’s, Master’s or a Doctoral Degree Only people with a certain amount of work experience and educational qualifications can obtain the E-3 visa . Work experience can substitute educational qualifications if you have worked for more than 12 years in that occupation. Additionally, the applicant must have the necessary credentials if the occupation or profession requires licensing. Who Can Apply for the E-3 Visa? Examples of specialty occupations include: ⦁ Engineers. ⦁ Mathematicians. ⦁ Computer Scientists. ⦁ Medical Practitioners. Who Is Eligible for an E-3 Visa? In order to qualify for an E-3 visa, you must meet a certain set of requirements: ⦁ You must be an Australian citizen. ⦁ You must be in possession of a legitimate offer of employment in the U.S. ⦁ You must fill a position that qualifies as a specialty occupation. ⦁ You must possess the required academic qualifications. ⦁ You must assure your stay in the United States will be temporary. If you meet these requirements, then your company is able to sponsor you for the visa as an eligible beneficiary. The visa application will be processed, and a response will be given to you. If you get the visa, that does not necessarily guarantee entry into the US. That is at the discretion of the immigration officials at any U.S. point of entry. E-3 Visa Requirements Two particularly important elements must be considered in preparing an E-3 visa application. 1. An LCA or Labor Condition Application must be prepared. The LCA helps the U.S. Department of Labor to determine if the job meets the applicable standards. (This is usually returned within 7-10 days.) 2. The job must pay the prevailing wage for the county or state in which the job will be based. Documents Required for an E-3 Visa Quite predictably, you need to attach an array of documents to your E-3 visa application. Here is what you will need: ⦁ Your current valid passport. ⦁ The formal employment offer from your employer must be addressed to you, signed on the company’s letterhead, and include a job description specific to your job role. ⦁ A copy of LCA filed by your employer. ⦁ A printed DS-160 confirmation must include your photo and barcode. ⦁ A copy of your documents related to qualifications and degree. ⦁ Supporting documents illustrate that you have ties with your country and don’t intend to settle in the U.S. permanently. This could be anything like owning property in your name. How to Apply for an E-3 Visa? Once you have the required documents, you can should file the DS-160, pay the visa fee, and schedule your appointment at the U.S. consulate in Australia. You will be asked a few questions during the interview, and then your application will be processed. How Much Does an E-3 Visa Cost? Currently, E-3 visa appointment fees cost $270 at the consulate. This fee is non-refundable. You are not required to pay anything else apart from this. Further, your employer bears no government cost as well as there not be a filing fee associated with an LCA. E-3 Visa Processing Time After you send in your application to the U.S. Embassy and complete your interview, the Embassy will review your case and send you their decision. If they approve your visa, you will need to send in your passport for stamping, and then you can go to the U.S. and begin your employment. How Long is the E-3 Visa Valid? When the Department of Labor issues the LCA to your employer, it will have specific validity. Your visa validity will match the LCA validity. If the LCA is valid for 6 months, your visa will also be valid for 6 months. Initially, the E-3 visa cannot be valid for more than 24 months or 2 years. Is It Possible to Renew the E-3 Visa? After the 2 years, you can apply for an E-3 visa renewal as long as you maintain your eligibility. You can renew or extend the E-3 visa indefinitely if you intend to return to Australia. How to Change the Employer or Status? Additionally, you are eligible to change employers if you find a job that suits you better. Your new employer must file and have a new approved LCA. You must start your new job within 10 days of leaving your previous one. If you do not, then your visa status is at risk. Also, you can change your status if you fulfill the requirements for other visas. If you find an employer willing to sponsor and file an employment petition for you, you can change to H-1B visa status. The H-1B status is limited to a maximum of 6 years with some exceptions, while the E-3 visa can be renewed indefinitely. As I promised, here’s some bonus information that you may not know about: When you apply for the E-3 visa, and whenever you renew it, you must prove an intent to return to Australia. That is why going from an E-3 visa to a green card is challenging. The E-3 visa is not dual intent, so it does not allow permanent residence. However, there are ways to obtain a Green Card. The easiest is to change the status to a dual intent visa. Dual intent visas are H category visas such as the H-1B visa. You can apply for a green card when you get this visa. Another way is if you have family in the U.S., such as a U.S. citizen spouse. I hope you found this video helpful. Subscribe if this
When it comes to immigration law , there is a lot of confusion and misinformation out there. Many people don’t know what an immigration lawyer is or the benefits of hiring one. An immigration lawyer can help you navigate the complex legal process of immigration. They can answer your questions and help you understand what is expected of you. They can also represent you in court and help you get the best possible outcome in your case. An immigration lawyer can also help you explore your options. If you are considering immigrating to the United States or are already in the process, it is important to hire an immigration lawyer to make the process easier. Here are four reasons why you should hire a lawyer: 1. Immigration lawyers know the law. The immigration process is very complex, and there are a lot of rules and regulations that you need to know. An immigration lawyer will have a thorough understanding of the law and can guide you through the process step-by-step. They can also help you avoid making common mistakes that could jeopardize your case. 2. Immigration lawyers can save you time and money. Trying to navigate the immigration process on your own can be very time-consuming and expensive. Many forms need to be filled out correctly, and if you make a mistake, it could delay your case or even get you deported. An immigration lawyer can help you avoid these mistakes and can also help you get your case resolved more quickly. 3. Immigration lawyers can represent you in court. If your immigration case goes to court, having an experienced immigration lawyer by your side is crucial. They will be able to present your case in the best possible light and help you get the outcome you want. 4. Immigration lawyers can provide peace of mind. The immigration process is stressful and having an immigration lawyer can help ease some of that stress. They can answer your questions and help you understand what is going on every step of the way. Hiring an immigration lawyer will give you peace of mind, knowing that you have someone in your corner who is knowledgeable and experienced. 5. Informing you of your choices No matter where you are in life, there are options for you. These choices can be explained to you by an experienced immigration lawyer, who will make sure you comprehend the full complexities of your situation. Whether you are bringing a loved one from overseas or are facing deportation, your situation is probably urgent and delicate. You must comprehend the various options you have moving forward to make the best decision for you. If you are planning to immigrate to the United States or are already in the process, consider hiring an immigration lawyer to assist you . An immigration lawyer can save you time and money and help you avoid making common mistakes. Hiring an immigration lawyer will give you peace of mind during a complex and stressful process.
As you know, America, the land of opportunity, is the destination for many people around the world. Every year millions of people apply for U.S. visas. And with this, a small mistake can be a big hindrance in the visa approval process. Avoid commonly made mistakes during the visa process so that you don’t have any delays experiencing the joys of America and the American dream. Accordingly, there are various determining factors in obtaining a U.S. visa. Here are the top reasons why your visa request may be denied : Being Unprepared Do your due diligence in preparing for the visa process. Data on the visa process and interviews are widely available on the internet. Government sites are also reliable resources that contain information to assist you every step. Applying for the WRONG Visa The eligibility and requirements may differ depending on the type of visa you are applying for. Double-check that you are indeed applying for the proper visa. Make certain that you can fulfill the requirements and meet the conditions for that particular visa. Don’t make pre-assumptions on your eligibility for a certain visa just because you fit the criteria for another visa. The standards differ with each visa . Providing Incorrect or Insufficient Information Completing all forms accurately and being fully prepared with all requirements, required documentation, and verification forms can help expedite the process. Having unverifiable or inaccurate information can lead to increased processing times or visa denials. Don’t let a small oversight lead to delays in obtaining your visa. Being Overly Confident During the Interview Being too assertive on all aspects of the visa process or expressing extreme confidence in a visa approval during the interview can make you appear presumptuous and arrogant as if you the U.S. is required to provide you with the visa. Try not to present yourself as a ‘know-it-all’ or ‘wise guy.’ Giving Too Much Information As you can expect, you will be asked an array of questions. Your responses should be well thought out, but keep them concise and simple. You don’t need to divulge irrelevant details that don’t pertain directly to the inquiry, nor should you voluntarily give up information that isn’t requested. This can lead to more questions or raise red flags and suspicions that would have otherwise not arisen. Being Disrespectful to the Interviewer It is very important to be respectful, even if the interview may seem tedious or tiresome. You can do this by expressing courtesy toward the interviewer and be respectful of the authority they represent. Ineffective Communication Sometimes, the language barrier, various accents, dialects, or unfamiliar lingo may confuse you. Don’t hesitate to ask the interviewer for an interpreter or to repeat, explain, or slow down. Effective communication can help avoid potentially significant misunderstandings and misinterpretations. As I promised, here’s some bonus information that you may not know about: Most applicants want to know their chances of approval before proceeding to apply. With this in mind, I came up with a list of documents you may need to help convince the consular officer that you qualify for the visa. The information I will discuss is for reference only and is not an assurance of approval of your visa application. Again, it is the decision of the U.S. immigration officer whether to approve or deny your visa application. Here are a few suggested items to have: Travel History Suppose you have previously visited countries outside your home country and have not overstayed or have followed your allowable stay provided by the juristic immigration. In that case, you are more likely to establish a trust with the immigration officer that you will not overstay during your visit to the U.S. Employment History If you are entering the U.S. on a work visa, you should be able to speak to your previous work history and why you qualify for the job duties you intend to complete while in the U.S. Family If you are entering the U.S. based on familial ties, having evidence of the relationship is extremely important. If you are requesting entry for a tourist visa, examples of family obligations in your home country that you need to return to can include having elderly parents who need your presence to take care of their needs and the obligation to take care of your child/children, especially when they are still going to school. Property and Personal Asset If you are applying for a visa that requires your intention to return home at the end of the period of authorized stay, individuals are less likely to overstay their visa in the U.S. if they own a home, have property, or have large amounts of funds in investment accounts in their home country. While financial assets are sometimes required to establish the ability to support the visit, evidence of property and financial assets should also be provided as evidence of the applicant’s connections to the home country. Evidence can include ownership of real estate property, or business, among others. Community Involvement If you are applying for a visa that requires your intention to return home at the end of the period of authorized stay, individuals are less likely to overstay their visa in the U.S. if they show evidence that they currently participate in their community. This may help convince the consular officer that you are happy with your involvement or obligation in specific community activity and you are likely to return to your home country for this reason. I hope you found this video helpful. Subscribe if this content or information helps you in any way, comment below if you want me to talk about something in specific, and share this resource because you never know who needs answers to these questions. Additionally, if you have any specific questions about this video as they pertain to your unique circumstances, please schedule a consultation with us at the link below. I’ll see you in the next video.
When you are already in the United States, you can apply for lawful permanent resident status, commonly known as a green card , through the process of adjustment of status. It indicates that you might be eligible for a Green Card without having to travel back home to finish the visa application procedure. Sometimes people file Form I-485 , Application to Adjust Status, and things happen. One of the more common reasons for an adjustment of status denial is due to changes in circumstances. Here are a few of the more frequent factors for a denial of an adjustment of status: ⦁ Out of status: If you are no longer in lawful status at the time of filing, you will likely be denied. It can happen if your visa expires or if you have worked in the U.S. without employment authorization. ⦁ Death of a Petitioner: Adjustment of status is often based on a family member or employer petitioning for you. If the petitioner dies, your application may be denied. ⦁ Beneficiary Gets Married: If you get married after you have filed for adjustment of status, your application may be denied. Because your status is changing and the grounds on which you originally applied may no longer apply. ⦁ Beneficiary Gets Divorced: If you get divorced after you have filed for adjustment of status, your application may be denied. ⦁ Rescinded Job Offer: Adjustment of status is often based on having a job offer in the U.S. If your job offer rescinds, your application may be denied. Foreign nationals may typically be prohibited from changing their status if they: – Worked without a permit in the United States -Were not in legal status at the time of filing – Failed to keep status after coming to the United States. – Most recently entered via the visa waiver program. These mentioned regulations are not absolute. Particularly notable is the fact that U.S. citizens’ spouses, parents, and unmarried children under 21 may still change their status even after breaching these rules. If you have any questions about your specific case, speak with an immigration attorney . Adjustment of status can be a complex process, and it is important to make sure that you have all the information you need before you apply.
https://www.youtube.com/watch?v=c1yTUv1GISA As you know, thousands of people move to the U.S. every year. Many come to the U.S. due to an intercompany transfer on an L visa . If you or your spouse is an L-1 visa holder, you may wonder what your family’s options are regarding moving to the U.S. So today we’re here to discuss how immediate family members of L-1 visa holders may enter and stay in the United States by obtaining L-2 visas. So your spouse or your parent has just gotten an offer to transfer from their workplace in your home country to the company’s affiliates in the U.S. They will be applying for an L-1 visa, either as a manager or executive (L-1A visa) or as a specialized knowledge professional (L-1B visa). If you are worried about whether you will be allowed to join them, you should stop worrying now. As their spouse or unmarried child under 21 years old, you can join the L-1 visa holder as a dependent on an L-2 visa. The L-2 visa is similar to the H-4 visa, which is for the dependents of those with H-1B visas. With an L-2 visa, you can study in the U.S., get a driver’s license, open a bank account, travel in and out of the US as long as your visa is valid, and have other benefits. Your L-2 visa status is directly tied to the L-1 visa primary holder, meaning your visa validity, options of extension or renewal, and change of status depend on the L-1 primary visa holder. If the L-2 visa application is successful, spouses coming to the U.S. can immediately work. How to Apply for the L-2 Visa? If you are outside of the U.S. and are a spouse or unmarried child under the age of 21 of an L-1 visa holder and you want to apply for the L-2 visa, you need to: ⦁ Complete the DS-160 Online Non-immigrant Visa Application. This is the first step required to initiate the application process. Once you fill in all the information that the form asks for, you will receive a confirmation page. Make sure to print it out and keep it as you will need to show it during the visa interview at a later stage of the application process. ⦁ Pay the Application Fee. To complete and submit the DS-160 form, you will have to pay the application fee of $160. Sometimes you might also have to pay additional fees, depending on where you come from. ⦁ Schedule a visa interview at your home country’s U.S. embassy or consulate. It is an essential part of the application process. Without the interview, you will not be able to receive your visa and travel to the US. ⦁ Attend your visa interview. Once your biometrics are taken, you can attend your L-2 visa interview. The purpose is to verify whether the information you included in your application is genuine. The interview usually lasts no longer than 20 minutes. If you meet the eligibility criteria and all the information you provided in the application is true, you can expect a positive outcome. In most cases, if your visa is approved, the consular officer will inform you about it right after the interview. If you apply while inside the U.S., then you will file form I-539, submit your biometrics, and then receive your L-2 visa approval. How Long is the L-2 Visa Valid For? If your application for the L-2 visa is successful, your visa will be valid as long as your relative’s L-1 visa lasts. That means you can stay in the U.S. as long as the L-1 visa holder is permitted to be there. Once you receive your L-2 visa, you can leave and re-enter the U.S. as often as you want. Generally, the L-1 visa is valid for up to three years with the possibility of getting additional extensions with a maximum of five or seven years. The maximum duration of the L-1 visa depends on the type of your relative’s employment. After that, the L-1 visa holder must leave the U.S. and spend at least one year outside the country before applying for a new L-1 visa. The same applies to L-2 visa holders. What are the Requirements for the L-2 Visa? The L-2 visa is designed for dependents of L-1 visa holders. Only those who’s relative is currently in the U.S. on the L-1 visa are eligible for the L-2 visa. Or the prospective L-1 and L-2 visa holders can apply at the same time at the embassy or consulate. To be eligible for the L-2 visa, one of the following statements must apply to you: ⦁ You are legally married to an L-1 visa holder ⦁ You are an unmarried child under 21 of an L-1 visa holder. These are the main requirements for the L-2 visa. If you do not fall under either one of these categories, but you want to come to the U.S. to be with your loved one, you might consider applying for a different U.S. visa. For example, you could apply for the B-2 tourist visitor visa instead to visit the U.S. temporarily. If your application is successful, you will be able to come to the U.S. for holidays, but you will not be able to work there. What Documents Need to be Included in the Application? To be able to proceed with your L-2 visa application, you will have to submit the following documents: ⦁ A valid passport ⦁ An original marriage or birth certificate ⦁ A copy of your relative’s approved petition for the L-1 visa If you fail to include these documents, your visa application might be delayed or even denied. If you are unsure what documents are required, seek advice from us at Direct U.S. Immigration. We will help you prepare your evidence, ensuring that your application is complete. Can I Work on the L-2 Visa? In the past, when you were granted the L-2 visa, you
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