Employer-Based Immigration Law

Visa Waiver Program and Business Visitor Visas

B-1 Visa v. Visa Waiver Programs For those wishing to enter as business visitors, the procedure will vary based on your country of nationality (the country from which you hold a passport). Note that the information herein provided is general in nature and is only intended for information purposes. No representations or legal advice is… Read more »

EB-5 Green Card: Can a Franchise Qualify?

Yes. A franchise may be purchased by a foreign national for EB-5 investment purposes. It is important to remember however that the normally investment amount needed to qualify for the Investor Based Green Card is $1 million unless it can be shown that the business is in a target employment area (TEA). The target employment… Read more »

H-1B Cap: Is the Senate’s Approach Sufficient?

The recently released Senate immigration bill (S. 744) seems to somewhat understand the need for increased H-1B visa numbers but does not go far enough. As occurred this year, the cap of 65,000 (plus 20,000 for Masters degree individuals) H-1B visas was used up in a frustratingly short period of time. Within the first week… Read more »

L-1 Visas—How long can I stay in the U.S.?

Helping clients with L visa applications as an immigration lawyer in the U.S. I often get asked how long an L-1 visa allows an individual and their immediate family members live in the U.S. An L-1 visa allows you to stay in the United States for an initial period of up to three years, unless… Read more »

EB-2 Green Cards Available Again (Except India and China)!

To Our EB-2 Advanced degree PERM/NIW clients Excellent news that we have all been waiting for!! EB-2 for all countries except India and China will be current for green card/immigrant visa processing starting on November 1, 2012. That means that all EB-2 self-petitioning NIW applicants who have already filed their NIW I-140 petition AND all… Read more »

PERM Print Ads: Failure to Include Travel Requirement Risks a DOL Denial

DOL ruling adds additional hurdles for print ads re. travel requirements A new case has just come down from the Department of Labor Appeals office which makes clear that print ads must include the travel requirements of a job opening. This decision is a result of a bizarre interpretation of a federal regulation. This regulation… Read more »

H-1B cap for 2012 reached on June 11

Time has run out for filing H-1B petitions for employment starting October 1, 2012 For those of you who missed it, USCIS released the following notice today regarding the employment-based non-immigrant visas for professionals or specialty occupations. U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions… Read more »

EB-2 Priority Dates: Bad News on Backlog

Employment-based second preference (EB-2) green cards remain unavailable for India and China and are now backlogged to January, 2009 for ALL countries! We just received notification of the July Visa Bulletin from the U.S. State Department.  As you will note, not only do India and China continue to be unavailable in the second preference category… Read more »

I-129 Processing Delays at USCIS: Additional 2 – 4 Week Delay

H-1B and L-1 visa petitioners should anticipate an extra 2 to 4 weeks to receive their fee receipt! We received the following news alert from USCIS today: Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from… Read more »

Immigration Policy as an Economic Tool: Bloomberg

Our general policy on TheVisaGeek blog is to provide timely information from the front lines of immigration practice based on our experience representing and advocating for our clients.  Thus, we don’t usually provide links to other blogs and online conversations on the assumption that our readers can also access these sources as they wish. However,… Read more »