David H. Nachman

i-9 FORM, E-verify, internal audits, notice of suspect, documents, notice of inten to fine, Request for Hearing.

WHAT IS THE REQUEST FOR EVIDENCE: H-1B REQUEST FOR EVIDENCE (RFE) - WHAT IT IS AND WHY DOES ONE ISSUE? Receiving a Request-For-Evidence (RFE) during an H-1B visa petition or H-1B transfer or H-1B extension has become normal opposed to when it used to be a taboo prior to 2008 when the USCIS very rarely asked for more information. Today the RFE is more of a norm than an aberration. These days the possibility of getting an RFE is 1 out of 3 cases and it is not really anything bad. It is only the USCIS wanting more information from the petitioner in order to make sure the petition for the Job being filed really exists and if the candidate really qualifies. Some of the various types of queries in RFEs are as follows: (1) Various H-1B worksites; and (2) Level of Professional work available for H-1B workers; and (3) Financial stability of the H-1B employer; and (4) Whether the individual seeking H-1B status maintained their nonimmigrant visa status.

H1B1 Visa for Chileans and Singaporeans in a Specialty Occupation In limited circumstances, H1B visa status can be extended beyond 6 years if: The foreign national is the beneficiary of an approved I-140 petition. The foreign national is the beneficiary of a PERM petition or I-140 petition that was filed over 365 days ago. The foreign national is recapturing time spent outside the US during the past 6 years in H-1B status. 1 year extension Based on Pending PERM or I-140 petition under AC-21 104(a) You may extend your H1B status annually in one-year increments if your PERM petition or I-140 petition was filed at least 365 days prior to the day when you reach the six-year limit. 3 year extension Based on Approved I-140 petition under AC-21 106(c) You may extend your H1B status for 3 years if you are the beneficiary of an approved I-140 petition but your priority date is not current, (immigrant visa number is not available to you). Recapturing Time Spent Outside the US An H1B holder may apply for an H1B extension and "recapture" days spent outside of the US. If the H1B visa holder was outside the US in the 6 years they held H1B status, they can recapture those days in an H1B extension application. The H1B holder would submit the exit from US and entry back to US dates, as well as the corresponding stamps and I-94 copies from his/her passport. Cap Exempt New H-1B If you have an H-1B visa stamped in your passport and the expiration date is within the past 6 years, you are eligible for a new cap exempt H-1B. Your new employer would apply for the cap exempt H-1B with USCIS and you would be able to start work after it is approved.

Unlawful Presence | Traditional Waiver (I-601) | Provisional Waiver

Administrative Processing (221g) Information

FAMILY BASED IMMIGRANT VISA - SPONSORING MARRIED SON OR DAUGHTER OF A U.S. CITIZEN PARENTS. DOES MARRIAGE CHANGE A CASE?

The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S. The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor [1] including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum [2] (with the exception of fashion models, who must be "of distinguished merit and ability"). [3] Likewise, the foreign worker must possess at least a bachelor's degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.

WHAT DO I DO WHEN MY IMMIGRATION LAW CASE IS DENIED? DO I APPEAL THE IMMIGRATION CASE? MAKE A MOTION TO REOPEN THE CASE? OR, DO I REFILE THE CASE?

- means in latin "now for then" - used to bootstrap cases - remedial method used by lawyers and others to correct issues of being out of status. - need to be...

Selecting the right entity for its operations is an important issue for every business and every lawyer who is called upon to help clients decide. Whether a corporation or a limited liability company (LLC) is the better choice is not always obvious. The selection involves numerous legal and tax issues and should involve the client's or employer's CPA. Lawyers must consider all the facts and alternatives and, above all, understand the client's objectives. Fortunately, the choice-of-entity question does not have to be answered absolutely. The majority of closely-held businesses engage in more than one business activity, and it's possible to use a different entity for each. Issues Lawyers and CPAs need to consider when helping clients choose an entity, can be organized into four categories: capitalization, compensation, profit and loss allocation, and distributions ------------------------------------ A. Business Immigration 1. Determination of which business type is bet for investors or intracompany transfereer B. C-Corporation 1. Double taxation 2. Accounting C. S-Corporation 1. Partnership taxation D. Limited Liability Company 1. LLC 2. State in which you choose E. Corporate Formalities 1. certificate of incorporation 2. certificate of formation 3. By laws 4. operating agreement

Section 221(g) of the Immigration and Nationality Act It is often the case when an applicant for a visa is told that a final decision cannot be made on his visa application immediately. In doing so, the consular officer invokes Section 221(g) of the Immigration and Nationality Act and informs the applicant that the case will be put on hold until the applicant's eligibility for the visa can be determined. This processing "time-out" is taken frequently: approximately more than 1,100,000 visa applications were subjected to 221(g) during 2012. Technically, 221(g) is considered a denial; in subsequent visa applications and registration in the Electronic System for Travel Authorization, this must be disclosed. Nevertheless, the overwhelming majority of 221(g) denials are overcome and visas issued.

An R-1 is a foreign national who is coming to the United States temporarily to be employed at least part time (average of at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.

The "I" Visa: Foreign Media Representatives: - Foreign Media Representative, - media, - newspaper, - magazine, - I-visa, - Duration of Status, - New Meida, - Derivative Visa, - Work permit, - application at the Consulate, - G-28, - DS-160 form, - Department...

I-751: Lifting the Conditions in a Marriage Case:

L-1A and E1-3 as compared to: EB-5 Types of Investor Visas for the Green Card: $1million, lower economic areas, $500,000, regional centers, clean money, investment from abroad, green card, conditional basis, active participation, passive participatiion, brokers, SEC, securities exchange commission, labor lawyer, securities lawyers, corporate lawyers, employment lawyers, research proper EB-5 program for you, investment in the U.S., Entrepreneur visa, L-1A, new company, documentation, manager

The U nonimmigrant status (U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Below are Questions and Answers pertaining to U nonimmigrant visas.