Insight

VisaScreen Certificates for Healthcare Professionals

When applying for temporary visas to work in the U.S., USCIS requires many foreign national healthcare professionals to get VisaScreen certificates to certify that their degrees fits the requirements of the visa that they are seeking. The temporary visas that require this certificate are the E-3 Australian Specialty Occupation Professionals, H-1Bs, O-1s, and TNs. The certificate…

National Interest Waiver Denial Reasons

Our firm has been working on a few EB-2 with National Interest Waiver cases since Matter of Dhanasar came out. This case was determined to be friendlier to entrepreneurs, in addition to the traditional professions (physicians, scientists, etc.) and more focused on the future, and it is. However, a review of recent decisions from the Administrative Appeals…

SCOTUS: Muslim Ban Allowed for Those With No Bona Fide Relationship to US

History In March, President Trump issued a new version to Executive Order #13780 (EO), which banned individuals from 6 countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen – from entering the US for 90 days.  This had been dubbed in the media as the Muslim Ban. Suits were filed to halt the enforcement of…

We Spoke, DHS Listened! Revised and Published Parole for International Entrepreneurs Rule Much Friendlier to Entrepreneurs!

On January 17, 2017, the U.S. Department of Homeland Security (DHS) published the final rule for providing parole to international entrepreneurs who are starting their own businesses in the U.S. Recall that I had published my commentary on the proposed version of the same rule, here. Of course, as someone who follows and practices immigration options…

EB-2 and the NEW Entrepreneurs’ Standard for National Interest Waiver

Previously, I released a blog on Five Ways that international entrepreneurs can start a business and obtain a green card. At that time, I mentioned the EB-2 and the National Interest Waiver, which had rigid standards based on NYSDOT, 22 I&N Dec. 215. Towards the end of 2016, against all the rubble and darkness the end of…

J-1 Visa: Foreign Residency Requirement, No Objection Statement (China) and Exceptional Hardship Waiver

We recently worked on a J-1 Visa case where the young lady came here from China on a J-1 Visa, married a U.S. Citizen, and is now seeking a waiver for her foreign residency requirement. The wonderful thing is that J-1 Visas are a good substitute for the overused H-1B, as long as the employer…

Sponsoring Your Relative as an Employee: Importance of Good Faith Efforts in PERM Recruitment

Our immigration law firm represents many small business employers, many of whom, for many legitimate reasons prefer to hire their family members to assume important functions in their businesses. On October 21, 2016, BALCA released decisions on two cases dealing with PERM labor certification and audits for hiring relatives, Tyrrell Limited on behalf of Espino,…

Five Ways for International Entrepreneurs to Stay and Work In the U.S.: No Need to Depend on Employer Sponsorship!

With the increasing interest in the pending Parole for International Entrepreneurs Rule, entrepreneurs from other countries are unaware that even before this rule, there were many ways to start your own business and stay in the U.S. Here are some of the methods to allow those that are here on temporary visas, student visas, or…

Five Reasons We Are Excited For The New Parole For International Entrepreneurs Rule

We are so excited about this new rule that we cannot wait until it is published in the Federal Register to write about it. The USCIS began taking comments yesterday. We encourage our readers to submit their thoughts to USCIS, the crucial impact of this program cannot be underestimated. You can read about the proposed rule…

How Can You Avoid The Frustrations of The PERM Recruitment Process?

Our firm had an consultation with a company regarding the PERM recruitment process and as a result of the convoluted and outdated process, the employer was not able to hire a foreign national. It was extremely unfortunate because they thought she was the perfect fit for their business needs. However, because of the lengthy PERM…