MVP LAW GROUP – Immigration Q&A Forum, Friday, June 8, 2018

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Question #1 – Alternate Options to H1B Nonimmigrant Work Visa

Since the H-1B Cap Case Quota has been met, are there any other options for me to hire a Foreign Worker?

Answer #1 – Now that all of the new H-1B visas for the 2019 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?
Here are some creative solutions to this problem:

OPT – STEM Extension
If the company is registered for E-Verify, the database that enables employers to verify the legitimacy of work authorization and identity documents at the time of hire, those who have been granted 12 months of Optional Practical Training after graduation, are eligible for a STEM extension of an additional 17 months of work authorization.

O-1 Visa
The O-1 visa is suited for individuals of extraordinary ability or achievement. The O classification is a useful and flexible alternative to the H-1B program because there is no overall limit on time in the classification and there is no cap. O-1 beneficiaries in the sciences, arts, education, business, or athletics must have extraordinary ability “demonstrated by sustained national or international acclaim.”

E-3 Visa
The E-3 visa classification is limited to Australian Professionals. The E-3 visa is a “specialty occupation” visa similar to the H-1B visa. Therefore to be eligible for the visa, the Australian citizen must possess a bachelor’s degree or higher (or its equivalent) in the specialty and the specialty occupation must require the degree. There is a 10,500 annual limit on the E-3 visa.

L-1 Visa
The L-1 visa is an option for international organizations with offices in the United States who transfer employees to the United States for temporary periods of time. In order to be eligible for an L-1 visa, the petitioning entity must prove that the beneficiary of the visa has worked for the non-U.S. based sister company/subsidiary for at least one full year within the last three years as an executive, manager or employee with specialized knowledge.

H-1B Visa for FY2020
WAIT for the H-1B FY2020 Quota! The H-1B FY2020 Quota will open on April 1, 2019 with employment beginning on October 1, 2019. 65,000 visas are annually allocated to foreign nationals who possess a bachelor’s degree or higher (or its equivalent) in the specialty and the specialty occupation must require the degree. We can begin to prepare cases for the annual quota now; however, no cases will be filed with the USCIS towards the CAP until after April 1, 2019.

Contact MVP Law Group for more information!

 

Question #2 – Family Based Immigration

I am marrying a United States citizen in two weeks; do you know when I can expect to have my interview to change my status?

Answer #2 – You will have to file the Immigrant Petition along with the Adjustment Application and allow those petitions to process. It can take anywhere from 6-12 months, if not longer depending upon the current case load for the Immigrant Petition and Adjustment Application at the Service Center. It is not an automatic process.

 

Question #3 – Green Card

How do I remove the conditions of my permanent residency?

Answer #3 – You file Form I-751 with the USCIS to remove the conditions within 90 days of the expiration of your conditional permanent residency. Contact our office to speak with an Immigration Attorney concerning your case.

 

Question #4 – H1B Nonimmigrant Work Visa

Is it possible for me to switch from an H-1B visa to another status? How long does it normally take?

Answer #4 – Generally, yes and it depends. You have not provided sufficient information to provide a solid answer. Please contact our office to schedule a consultation to discuss any options that may be available.

 

Question #5 – Dependent Spouse H4 EAD

What are the USCIS filing fees for an H-4 EAD?

Answer #5 – The USCIS filing fee for Form I-765 is $410.00. No biometrics filing fee is required.

 

Question #6 – H1B Nonimmigrant Work Visa

Is there a grace period for applying for an H-1B transfer after termination from a previous sponsoring employer?

Answer #6 – According to the USCIS, there is no grace period. In practice, a period of two weeks is a reasonable period of time in order to transition to new employment; however, the regulations do not provide for a grace period.

 

Question #7 – H1B Nonimmigrant Work Visa

My H1B visa got approved in 2017 which was filed by my previous employer. I did not get chance to travel to USA or my visa stamped. Now that I am with another employer, can I transfer my H1B?

Answer #7 – Yes, as your facts appear to indicate that you were subject to the H1B CAP within the past six years.

 

Question #8 – Lawful Permanent Resident

If I am a Permanent Resident, can I file a petition for my parent’s Green Card?

Answer #8 – No. You may sponsor your Parents if/when you become a United States Citizen.

 

Question #9 – Naturalization

Will I be asked all 100 civics questions during the naturalization interview?

Answer #9 – No. You will be asked 10 questions out of the possible 100 civics questions. You must correctly answer 6 out of the 10 questions ask by the interviewer to pass. Follow this link for an online civics practice test, “Welcome to the Civics Practice Test!

 

Question #10 – TN Nonimmigrant Work Visa

What is required to obtain a TN visa at the border?

Answer #10 – You must be a Canadian National, with a valid offer of employment from a U.S. employer. Mexican Nationals are required to seek the TN visa directly from the Consulate and are not able to obtain a TN visa directly at the border.

 

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, June 22, 2018!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!