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H1b Quota Met November 22nd, 2011 Now What?

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The H1b quota has been met and came as a surprise as just a bit earlier, there were thousands available. However, many incoming cases were most likely not logged into the CIS computers and thus unaccounted for. Just before Thanksgiving, the CIS announced on November 23, 2011 that on November 22 , 2011 they had met the statutory cap of 65,000 for this year [which officially is Fiscal Year 2012]. Moreover, as of the 19th of October, 2011, the CIS received enough petitions to meet the 20,000 quota for people under the ‘advanced degree’ exemption. What’s next? Well, there is an option that some of my clients consider.

First, let’s preface. The H1b is the work visa for people with a degree or the equivalent. The government defines a position that requires a degree as a ‘Specialty Occupation’. If you do not have a degree you can trade 3 years’ experience in a qualifying field for a year of university training, and yes, you can apply for your entire 4 years of college to be waived if your equivalency is granted. The equivalency is evaluated by a CEF, or credentials evaluation firm, that an immigration lawyer can refer you to. The CIS has the right to challenge them but such a situation is rarely seen by us. The more common challenge is that you will have a position the CIS does not feel requires a degree in the first place. This type of challenge can be quite a burden so make certain that your position is a high-level one so this problem is not one you will face.

At this time, the only things an H1 applicant can do is extend a current H1, change employers, change employment terms, or work in a second H1 position. This last one is interesting. If a person is already on an H1 visa, he or she can still apply for a second one to hold concurrently. A lot of people are not aware that an H1 can be used for part-time employment or that the person is able to work for two companies simultaneously. There is one last two-part solution.

Some people who call us are businesspeople in their own country. However, thinking the transition to the US is hard, they secure employment with an American company so that they can make the move with some level of security. The trade-off, apart from a loss of independence, is a loss of earning capacity…of course this applies to anyone in any country. However, some of the people calling us are highly talented…but afraid. For those of you who are not afraid of entrepreneurial risk, read on.

Some of our callers have companies in foreign countries. If you have owned your company in your country (or any country for that matter) for a year and it is legitimate and creates revenue, you may be eligible for an L1 visa. In order to qualify, simply invest in a company in the United States and own at least 51% of it. If you are the manager or executive of that firm, you may remain in the United States for up to a year. However, a year later you may apply for the highest level Green Card there is, the EB1, and if you qualify, you may have it a year or so later. That particular type of Green Card does not require that the position (of the Green Card applicant) be advertised. That is a great advantage because if people more qualified than you apply for your position, they will move you off your place on the chess board of immigration. Another plus is that you don’t have to wait for the current 8 or so years for your Green Card. A benefit of the L1 is that your spouse will have work authorization.

A second option is available for people who do not own a current business. If you are from a Treaty Country (primarily Canada, Mexico, Australia, and most of Western Europe), you can apply for the E1 or E2, also called E-2 visa. The E visa group if for foreign investors who want to open a company in the United States. The reason I mention it is because a lot of people calling me seem to confuse the EB5 or EB-5 category with the E visa and think they must invest a million dollars and hire 10 US employees. The EB5 is too complex to discuss now and will be the covered in another article. However, with the E visa, we have successfully won cases with investments of $100,000 and a good business plan.

Many talented people feel that the H1B visa is their only option. It’s not. Sure, investing in your own company is risky, but so is working for someone else. If you are entrepreneurial, the E visa may turn your financial life around. Although the world economy is in a slump, the United States values brilliance and hard work. If you have a plan, maybe you can take it to the next step. For more information on the E and L visas, feel free to visit www.my-immigration-attorney.com/index-2.html. If you are moving to the United States, we created a site to help you understand the country a bit better: www.usa-explained.com. I hope this helps you find another option to the H-1b. Otherwise, you will have to wait until the new filing date of April 1st 2012 in order to start working on October 1st, 2012. Think of what you can do with your life between now and then as an entrepreneur!

Via EPR Network
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Administrative, Immigration and Naturalization, Law Firm, Lawyers, Legal Services

US Immigration DVD Lowers Illegal Immigration

US-Immigration-Explained, the first DVD to ever explain US immigration law to the masses in simple language is actually lowering illegal immigration rates. “We have received a number of calls recently”, states immigration lawyer and author Steven Riznyk, “that demonstrate the effect”. He states that people call explaining they had no concept of how the system works and for the first time really understand how their ideas were wrong and would hurt their lives. And people are actually telling me, states Mr Riznyk that they are returning, where others are telling me that they have decided against making the journey.

US Immigration DVD Lowers Illegal Immigration

A lot of people, states Steven Riznyk, have this misconception that they can illegally enter the United States and a year or so later all is forgiven. “I don’t know how these rumors start, but they get misinterpreted along the way and people’s lives are ruined by them”. What we are observing now, states Mr Riznyk, is that people, given the right information, are making rational decisions based on reality, not rumor. If they can decide based on a fact, they are more likely to make a decision that they will honor. And what we are finding, states Steven, is that people are finally understanding that they do have a choice; they don’t just have to run to the United States because it’s there. They can file a case legally as well. Customers are also recognizing that some things have more value than money itself.

People do not realize that there are a number of ways of entering legally. More importantly, they are realizing what the penalties are for entering illegally. As a result, US-Immigration-Explained is making people think twice before risking their lives to enter illegally. One who enters illegally is known by immigration lawyers as an EWI (Entry Without Inspection). This situation has to be distinguished from someone who enters legally and then overstays their visa. Many people in this situation do not realize that there are some options available. Once you leave the United States, a law called IIRIRA kicks in with 3 or 10-year bars for certain people. As a result, many people who had a possible solution did not educate themselves, left the country, and now are stuck separated from their family for 3, or more likely, 10 years.

An EWI puts a lot at risk. The person, usually a male, leaves his wife and children behind, and often puts his life on the line trying to enter the United States. Where before he had a family to come home to every night, he is now alone. Where before he worked a certain number of hours, he is now working every single hour he can. The comfort of a place to live is gone, and he is often sharing with a number of people. Why put all that at risk, states Mr Riznyk, when you have to live like a fugitive? This message has value especially to those who do have a family and some work back home. I don’t think they realize what they stand to lose , states Mr Riznyk, and they really have to ask themselves if they are gaining anything by being here. I have spoken to many, many people over the years who gave up their families and children, and looking back they wish they had never snuck into the US. With all the great things America has to offer, there is more value in remaining with your family than chasing the material dream, especially if you are one of the lucky ones who do have work and a family to come home to.

“There is so much misinformation out there that I felt there was a need for a clear message.” states Mr Riznyk, who has been in the field of immigration law for 22 years. I have dealt with thousands of cases of all types and there was no end to the lack of accurate information, he goes on to say. Sadly, the Internet has a lot of information but it is not organized. And there is so much to explain if you want to be thorough, states Mr Riznyk, that the shortest DVD program we were able to produce turned out to be almost 5 hours long.

And frankly, states Steven, had we not excluded the section on doctors and nurses it would have been substantially longer, and that could have made people stay away. However, the program is conveniently divided into chapters such as visitors, investors, students, relatives, workers, citizenship, miscellaneous visas, Green Cards, and waivers for criminal and health reasons.

The flip side of this, states Mr Riznyk, is that a lot of people don’t realize that they can legally achieve their goals. For example, if someone is unskilled and wants to work in the United states for 1-3 years, they can legally do so under the H-2B visa and save up some money. A Green Card is even possible, states Mr Riznyk, if they are willing to find an appropriate job offer and wait patiently. However, lack of patience often is the theme of the day and destroys future chances. Issues such as stating you are a citizen when you are not, entering illegally a second time, or voting when you are not a citizen can keep you out of this country.

The DVD is available in English, Spanish, and Japanese. It is available at www.US-Immigration-Explained.com. Steven Riznyk’s law firm can be found at www.my-Immigration-Attorney.com. His e-mail address is sr@USAexplained.com. He has also created a web site for people new in the US, tagged “The Owner’s Manual to the United States” and that site can be found at www.USAexplained.com. He is the author of two blogs, one for immigration law, and one for business investors, and the links for both can be found on his attorney web site, www.my-Immigration-Attorney.com.

Via EPR Network
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