Visa Lawyer Blog

Articles Posted in Work Visas

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54160491284_b32055f6df_oAfter years of criticizing the H-1B work visa program, benefitting highly skilled foreign talent, on Saturday the President-elect shocked the world when he pledged his support for the program.

In an interview with the New York Post, Trump said, “I’ve always liked the visas, I have always been in favor of the visas. That’s why we have them,” referring to the H-1B program, which allows U.S. companies to hire foreign workers in specialty occupations.

The President elect went on to say, “I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program.”

These comments are a sudden change from Trump’s usual hardline stance on H-1B visas. During his first term in office, Trump passed an executive action known as “Buy American and Hire American,” which restricted access to H-1B visas.

His administration was also responsible for a dramatic increase in the issuance of Requests for Evidence, as well as denials of H-1B worker petitions—a record high when compared to previous administrations.

Since speaking with the media, Trump allies Elon Musk and Vivek Ramaswamy, both made posts on social media vehemently pledging their support for the H-1B visa program.

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pennant-1689011_1280New changes to the H-1B work visa program are coming on January 17, 2025.

A new final rule published by the Department of Homeland Security (DHS) in the Federal Register lays out some of the critical changes that H-1B beneficiaries and U.S. employers can expect. These changes will become effective on January 17, 2025, just three days before the inauguration of Donald Trump.

While we do not know whether these changes will be overturned or modified by the Trump administration, it is important for both employers and beneficiaries to be aware of them.

Highlights of the Final Rule

  • Modernizes the definition and criteria for H-1B specialty occupations
  • Introduces cap-gap protections for F-1 students seeking a change of status to H-1B
  • Streamlines the processing of applications for individuals who were previously approved for an H-1B visa
  • Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to certain conditions (such as founders and entrepreneurs)
  • Clarifies that employers must have a legal presence in the United States

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thanksgiving-7578696_1280It’s that time of year again, when we are called to count our blessings, and you are certainly one of them! Our customers are the reason we thrive. Thank you so much for choosing us time and time again. We wish you and yours a very happy Thanksgiving!

Please be aware that our office is closed in observance of the Thanksgiving holiday on Thursday November 28th and Friday November 29th.

We will be happy to serve you upon our return on Monday December 2nd.

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hollywood-4133249_1280Los Angeles has become the first of many cities to use its legislative powers to protect undocumented immigrants from the threat of deportation.

On November 19, 2024, the Los Angeles City Council passed a “sanctuary city” ordinance, prohibiting the use of the city’s resources and personnel to carry out federal immigration enforcement actions. This move was made ahead of the President-elect’s campaign promise to carry out mass deportations.

Los Angeles has long protected the rights of immigrants by refusing to cooperate with federal immigration authorities. Now that commitment has been codified by law.

More than 11 states have taken similar actions to reduce their cooperation with federal immigration authorities.

Upon taking office, Trump could retaliate by issuing an executive order to withhold federal funding from sanctuary cities like Los Angeles. His administration has also vowed to pass legislation to outlaw sanctuary cities.

While it is not yet known the degree to which Trump will deliver on his campaign promises, individuals close to his administration have spoken to the media about his plans on condition of anonymity.

According to a recent report by NBC news, on Day One of his presidency, Trump is expected to issue five executive orders delivering on his promise to put a stop to illegal immigration. Many other executive orders are expected to follow, designed to undo the Biden administration’s policies on subjects like abortion and gender affirming care.

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donald-trump-2030308_1280In this blog post, we discuss how Trump’s return to the White House on January 20th could impact employment-based visa applicants and their employers in the years ahead.

While the Trump campaign has been very vocal about their zero-tolerance policy toward illegal immigration, much less has been said about employment-based immigration. For that reason, it has been hard to know exactly what lies ahead for foreign workers.

While we don’t have all the answers, Trump’s track record on employment-based immigration helps provide insights into the changes we are likely to see during his second term.

To help readers understand how the incoming Trump administration may impact employment-based immigration, we have drawn up the top five areas where there is a high likelihood that changes may be introduced either by executive action or internal policymaking.

This information is based on our collective experience dealing with immigration agencies during Trump’s first term in office. Readers should be aware that none of this information is set in stone. Immigration policies are likely to evolve as the Trump administration settles in and as the political climate becomes more balanced.

Increasing Vetting and Processing Times for Employment-Based Workers

Foreign workers who plan to file employment-based cases should be aware of the following potential changes in the months ahead.

  1. The Return of Employment-Based Green Card Interviews?

In 2017, the Trump administration made the employment-based green card application process much more difficult when it required adjustment of status applicants to attend in-person interviews.

This directive was handed down with the passage of Trump’s executive order known as “Protecting the Nation from Foreign Terrorist Entry Into the United States.” This executive order was meant to crack down on immigration, by combating fraud and abuse in the green card process.

The decision to reinstate visa interviews for employment-based green card applicants led to a sharp increase in processing times at USCIS offices nationwide. This was due to the increased demand for interviews and limited resources available to accommodate the surge in applicants.

While in-person interviews are generally required under the law, prior to Trump’s presidency, the U.S. Citizenship and Immigration Services (USCIS) waived in-person interviews for a broad category of applicants, including employment-based green card applicants to better allocate resources toward higher risk cases.

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ai-generated-9069956_1280The fallout of the 2024 Presidential election has left high-skilled foreign workers asking what the Trump administration may have in store for them in the new year.

Perhaps the most vulnerable to attack is the H-1B work visa program, which was previously targeted by the Trump administration. A second term for Donald Trump promises to bring a new set of challenges for H-1B workers, including a hike on mandated salaries paid by U.S. employers, and increased scrutiny leading to a predicted surge in Requests for Evidence and H-1B visa denials.

About the H-1B Work Visa

H-1B workers are a subset of professional workers that have long filled a critical need in the U.S. labor market, especially for those working in the sciences, technology, engineering, and mathematics (STEM) fields.

Every year, U.S. employers from hundreds of industries use the H-1B visa program to bring highly skilled and well-educated foreign professionals to work for them in the United States. To qualify, H-1B workers must have a job offer from a U.S. employer to work in a “specialty occupation,” which requires a baccalaureate degree or the equivalent work experience to work in the field. Applicants must demonstrate that they have the academic and professional qualifications to work for the U.S. employer.

Only 65,000 H-1B visas are available every year, with an additional 20,000 visas made available to professionals with a U.S. master’s degree or higher in their field.

The annual visa limits mean that the H-1B work visa program is a “lottery” based visa, requiring employers to submit an electronic registration every Spring, to have a chance of being selected.

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memorial-5228071_1280As we observe Veteran’s Day, we pause to honor and express our deep gratitude to all those who have served in our nation’s armed forces. Their courage, dedication, and sacrifices have shaped the freedoms we enjoy today.

At the Law Offices of Jacob Sapochnick, we recognize the importance of this day and extend our appreciation to all veterans and their families for their service.

Please be aware that our office is closed in observance of the Veteran’s Day holiday today Monday November 11th. We will be proud to serve you upon our return on Tuesday November 12th. Happy Veterans Day!

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super-6698001_1280In the complex landscape of U.S. immigration, the O-1A visa stands out as a great option for individuals with extraordinary abilities in fields such as business, sciences, athletics, or education. This visa offers a pathway for highly talented professionals to work in the United States while showcasing their exceptional expertise.

An O-1A visa petition must be supported by documentation showing receipt of a major internationally recognized award, like a Nobel Prize. However, if the applicant has not received such an award, they may still apply if they meet at least three of the following criteria:

  • Evidence of receipt of nationally or internationally recognized prizes or awards for excellence in the field.
  • Evidence of membership in associations in the field that require outstanding achievements of their members, as judged by recognized experts in the field.
  • Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
  • Evidence of published material in professional or major trade publications or major media about applicant’s work.
  • Evidence of participation on a panel, or individually, as the judge of the work of others in the field.
  • Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
  • Evidence of commanding a high salary or other compensation for services in relation to others in the field.
  • Evidence of original contributions of major significance in the field (scientific, scholarly, or business-related).
  • Or any comparable evidence to support the beneficiary’s eligibility, if the above criteria are not readily applicable to the occupation.

“Sophia’s” O-1A Journey

In our client’s case, “Sophia” was a Marketing Development professional with over 13 years of experience, creating innovative campaigns for well-known businesses throughout the world.

In support of her O-1A visa, “Sophia,” provided ample evidence to meet more than three of the criteria, including evidence of her leading roles as a marketing professional throughout her career, memberships in prestigious organizations, judging positions in her profession, evidence of high compensation as a marketing professional, recognition in the major media, authorship of scholarly articles, and the exhibition of her work.

While “Sophia’s” immigration journey seemed to go smoothly at first, she ran into some challenges which prompted her to seek representation from our law office. In this blog post, you will learn how “Sophia” was able to bounce back and achieve success after experiencing a few hiccups along the way.

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butler-159811_1280
On September 19th the U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to reach the mandatory numerical cap on new H-2B visas for nonagricultural workers for the first half of fiscal year 2025.

As a result, USCIS will reject any new cap-subject H-2B petitions received after September 18th that request an employment start date before April 1, 2025.

USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap, including:

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portugal-1355102_1280As of April 23, 2024, Portugal has joined the coveted list of countries eligible to participate in the E-2 Treaty Investor program via the passage of the Advancing Mutual Interests and Growing Our Success (AMIGOS) Act.

E-2 nonimmigrant visas are reserved for investors who are nationals of a treaty country. To qualify, an investment must be made into a U.S. company, the investor must hold at least 50% of the ownership interests, and the company must meet the E-2 visa requirements.

The E-2 visa is a very popular visa because there is no limit to the number of times the visa can be renewed, and it allows the company to sponsor other nationals of the treaty country as employees.

The addition of Portugal to the E-2 visa program presents a unique opportunity for Portuguese entrepreneurs to establish and grow their own businesses in the United States, while giving spousal dependents the opportunity to work for any employer in the United States.

It also presents an exciting opportunity for Brazilians who hold dual nationality with Portugal to participate in the program, as well as those who can obtain Portuguese citizenship through ancestry, legal residence, or by other lawful means.

Key Benefits of the E-2 visa program for Portuguese nationals

  • By law, the E-2 visa does not require any minimum investment amount and instead focuses on whether the investment is proportional based on the nature of the business. In most cases, entrepreneurs invest anywhere from $50,000 to $100,000 in their businesses.
  • E-2 treaty investor visas for Portuguese nationals are valid for five years and can be renewed indefinitely so long as the E-2 eligibility criteria are met.
  • Spouses and unmarried children under the age of 21 can apply for E-2 dependent visas to accompany the E-2 principal investor in the United States. Spouses are eligible for work authorization and can work for any employer in the United States.
  • Processing times for an E-2 visa interview at the U.S. Embassy in Lisbon can vary, but applicants can generally expect to be called for an interview approximately three months after submitting their application.  Upon approval, visas are typically issued within three to five business days.
  • Brazilians who hold dual nationality with Portugal can apply for the E-2 visa at the U.S. Consulate in Sao Paulo, the designated adjudicating post in Brazil for E-2 Treaty Country nationals.

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