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Articles Posted in Work Visas

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Tips For Filing a Successful E-2 Visa

For this series, we bring you our top tips for filing a successful E-2 visa petition. The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities. Investment activities may include either the…

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Visa Exemption Eliminated for Caribbean H-2A Agricultural Workers and H-2B Processing Delays

Beginning February 19, 2016 certain nonimmigrant Caribbean residents seeking admission to the United States as H-2A agricultural workers, will be required to obtain a valid passport and valid H-2B visa in order to be admitted. Spouses and children traveling with an H-2A agricultural worker will also be required to present…

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Judge Grants DHS 90-Day Extension for STEM OPT Replacement Rule

On January 23, 2016 a Federal District Court Judge for the District of Columbia granted the federal government an extension for the STEM Optional Practical Training (OPT) program to resume, giving the Department of Homeland Security (DHS) more time to issue a new replacement rule. The STEM OPT program had been in…

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Filing Fees to Increase for Certain H-1B/L Dependent Employers

Beginning December 18, 2015, H-1B and L-1 filing fees will increase for H-1B/L-1 dependent employers, employing 50 or more employees, with more than 50% of those employees in H-1B or L nonimmigrant status. This increase in fees comes with the passage of the Consolidated Appropriations Act, 2016 recently signed into…

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Staff Spotlight: Paralegal Maya Elkain

For this month’s staff spotlight, we invite you to learn more about Paralegal, Maya Elkain. Ms. Elkain began her journey with the Law Offices of Jacob J. Sapochnick in 2014 as an intern. She quickly learned the ins and outs of employment based immigration law and was offered a position.…

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The H-1B Guide: Preparing for H-1B Season

What is the H-1B Visa? The H-1B visa is a work visa that is awarded on a lottery basis. The H-1B visa program allows American companies and/or qualifying organizations to employ foreign workers to fill specialty occupations temporarily. The foreign worker must posses a combination of education, specialized training, and/or…

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The Upsides and Downsides to the Proposed Rule to Retain EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled Nonimmigrant Workers

On Thursday, December 31, 2015 the Department of Homeland Security published a new proposed rule affecting highly skilled immigrant and non-immigrant workers alike. The proposed rule, introduced in last week’s federal register, aims to improve the ability of American employers to hire and retain highly skilled workers waiting to receive…

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AILA Government Open Forum Updates

By Yingfei Zhou, Esq.  Last week, attorneys Yingfei Zhou, Esq. and Marie Puertollano, Esq. from our office attended the 28th AILA California Chapter Conference on Immigration Law held in San Diego, California. Together, they brought our audiences the latest updates on various issues discussed at the government open forums. USCIS…

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Visa Bulletin Fiasco: House Democrats Demand Action from DOS

Secretary of Homeland Security Jeh Johnson On October 28, 2015 sixteen Democrats from the House of Representatives including —Zoe Lofgren, Michael M. Honda, Judy Chu, Katherine M. Clark, Elijah E. Cummings, Anna G. Eshoo, Tulsi Gabbard, Luis V. Gutierrez, James A. Himes, Ruben Hinojosa, Eddie B. Johnson, James P. McGovern,…

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USCIS Issued Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

By Yingfei Zhou, Esq. On July 21, 2015, USCIS issued the final guidance on when an employer must file an amended or new petition when the H-1B employee has changed or is changing his or her job location. Except the situations listed below, the general requirement is that an employer…