"Is it possible to get an H-1B visa with only 65,000.00 U.S. visas available yearly? Our company can't afford to pay the prevailing wage to an H-1B employee.
On November 20, 2014, President Obama announced a series of new Executive Action laws he plans to execute for undocumented individuals in 2015. The new U.S Immigration laws are set to take effect within one hundred and eighty days of this Whitehouse announcement. However, it is important to understand that effective immediately, the announcement provides relief for undocumented foreign nationals currently in U.S. Immigration Court Proceedings.
The Department of State announced in 2014 that China had reached its numerical limit for the very first time. Despite the new fiscal year starting shortly thereafter (October 1, 2014), it is clear that new alternatives for U.S. business travel needs must be explored .
The ability to pay is often the most difficult part of the Green Card employment based sponsorship process. In this article, we briefly explore the options U.S. Employers have in order to prove to U.S. Citizenship and Immigration Services ("USCIS") that they indeed can pay the Foreign National's salary. The Department of Labor ("DOL") dictates the wage that must be paid for the position being offered by the U.S. Employer.
Our clients' ability to work while in immigration removal proceedings is an issue our attorneys take very serious. Often individuals fighting deportation and removal do not ask for this benefit or they are dismissed by legal professionals who do not understand the work authorization process. If you are facing deportation or your case was closed, and you have no way to work; you may be eligible for work authorization in the following legal scenarios:
Unaccompanied children are very special cases in our office. With the recent arrival of unaccompanied minors at the border, we have been able to help dozens of children in applying for relief and prevention of their immediate removal from the United States.
Our clients have always found it odd that a profession as important as nursing cannot qualify for an H-1B visa. H-1B visas are issued to specialty occupations, and indeed nursing is a specialized field. However, the legal definition of "Specialty Occupation" according to the Federal Regulations is a job position that requires the minimum of a 4 year bachelors degree. Educational requirements for registered nurses according to the U.S. Department of Labor Standards is a 2 year degree or diploma. And historically, this has caused the problem.
Good News for U.S. Military spouses! A new Federal Regulation, called Parole in Place ("PIP"), now allows undocumented spouses to adjust status to a U.S. Legal Permanent Resident without leaving the United States. Previously, if a foreign national entered the U.S. without inspection ("EWI"), they were automatically barred from any U.S. Immigration benefit for up to 10 years.