Employment Based (EB)

This category covers the employment based relates articles.

MEDICAL SPECIALISTS MAY QUALIFY FOR PHYSICIAN NATIONAL INTEREST WAIVER

In addition to primary care physicians, medical specialists who agree to practice in any area designated by the Secretary of Health and Human Services as having a shortage of health care professionals may be eligible for the physician national interest waiver under section 203(b)(2)(B)(ii) of the Immigration and Nationality Act. This decision, reached by the Administrative Appeals Office of USCIS, and adopted agency wide by USCIS on March 9, 2016, establishes new guidelines for who is eligible for the physician national interest waiver. “Visas shall be made available . . . to qualified…Read More Breaking News

Medical Specialists May Be eligible for the physician national interest waiver.

Medical specialists who agree to practice in any area designated as a health care shortage area may be eligible for the physician national interest waiver. SUBJECT: Matter of H-V-P-, Adopted Decision 2016-01 (AAO Feb. 9, 2016) This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of H-V-P- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all USCIS employees. USCIS personnel are directed to follow the reasoning in this decision in similar cases. Matter of H-V-P- clarifies that, in…Read More Breaking News

The E2 Visa – Investing in the USA and get an E2 Visa!

One of the option for a citizen of a foreign country who wishes to enter the United States and invest, they might want to look into an E2 visa. The individual must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, see link on the video. You must be coming to the United States to: - engage…Read More Breaking News

11 Tips on How to Choose for an H1B-Employer

  • Posted on March 12, 2016
  • /Under H1B
Recently many have been asking which employer to choose to file for their H1B visa.  Either you are on an H4 visa or an OPT, the choice is important because it might mean the ability to stay and work in the United States. As such we have tried to compile few tips on on how to choose for the "right employer". Note that the following is provided for educational purposes only, you should not solely rely on the information to make a decision. Nonetheless the information can be very helpful: Pick an E-Verify employer because…Read More Breaking News

Three Difficult Cases Approved!

March 10, 2016 - Congratulations to the Shah Peerally Law Group team regarding three difficult case approval: 1. H1B premium case approved in one week with no Request for Evidence (RFE) 2. H4 EAD with H4 Change of Status from F1 visa approved within 12 weeks including answering the RFE. 3. I-485 adjustment of status EAD approved within eight weeks after filing.Read More Breaking News

Filing a technical IT H1B with no Technical Academic IT background.

March 8, 2016 - With the H1B new Cap season fast approaching, many students are finding it hard to get jobs in their field of study and want to move to an IT position for the H1B. There are many complications in doing this, however it is not impossible. The video below covers the issues related to such a move. Feel free to call us at 510 7425887, should you need any help.Read More Breaking News

Does Premium filing of H1B visas have more chances of a Request for Evidence (RFE)?

March 5 2016 - Recently there is a lot of rumors on the fact that all premium filings seem to invite RFEs. Well while under observation it seems to be the case not in most cases, there is an "awful" number of cases which have been filed on regular processing then turned to premium and suddenly we see a RFE being issued. Please watch the video below, hope it helps.Read More Breaking News

Using a B1 in lieu of an H1B

While the H1B Cap 'contest' is on for the lottery, many companies will not be able to bring their desired candidates because of the H1B lottery. As such it is good to look into options at an early stage. One of them is the B1 in lieu of the H1B. This visa functions like any B1 visa but is registered to allow certain employees to actually bring a specific foreign workers based on the B1 in lieu of H visas. Who can apply? Individuals may apply for a B1 or B1/B2 visa to…Read More Breaking News

Congratulations to our team for the National Interest Waiver (NIW) approval!

February 23 2015 - Our law firm received a call from a nice gentlemen who works for a big well known agency in the United States.  He believed that his qualified for Eb1(b) but was having issues to get a job offer with this agency. Since this person was born in South America, we realized that it will be easier to apply for a national interest waiver (NIW). 6 months ago we filed a NIW and today the case was approved and he will soon receive his permanent residence. Congrats.Read More Breaking News

H1B 2017 Fiscal Year Cap Opening Soon – Be ready!

February 11 2016 - The New H1B Cap is opening on April 1 2017. Since we are expecting a lottery this year, we are advising our clients and potential clients to start signing up and preparing early. The H1B is becoming more and more difficult to obtain, from specialty occupation issues to end clients issues, placement companies (Consulting companies) are really struggling to make things happen for the H1B visa holders or those who are on OPT moving to H1B visa. A lawyer who is experienced in the matter becomes a must. We…Read More Breaking News

Senate Planning to cut H1B program by 15,000

December 14 2015 - Senator Ted Cruz is planning to introduce a bill which will actually cut the H1B visa program by 15,000. Right now the program has 65,000 regular cap and 20,000 masters cap.  This program is already over-subscribed in the past few years, the cutting of the H1B visa will be a major blow especially to students who came on an F1 student visa in the hope of getting a good job on H1B visas and ultimately live the American dream. In addition, there is a move to cut all OPTs…Read More Breaking News

Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability Purpose

This policy memorandum (PM) provides additional guidance to Immigration Services Officers (ISOs) for determining, with respect to the job portability provisions in section 204(j) of the Immigration and Nationality Act (INA), whether one job is in “the same or a similar occupational classification” as another job. Specifically, this memorandum instructs ISOs on how they may use the U.S. Department of Labor’s (DOL’s) Standard Occupational Classification (SOC) codes and other evidence to determine if a new job is in the same or a similar occupational classification as the original job offer in an Immigrant…Read More Breaking News

H1B Transfer after six years.

November 7 2015 - In order to transfer the H1B once someone past 6 years of extension usually require one to qualify under AC 21 rules or an approved I-140 petition. This video is a guide on the necessary elements to transfer the H1B once someone passes its 6 years on H1B.Read More Breaking News