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News & EventsB-1 In Lieu Of H-1B – Will This Useful Category Survive?
The visa category known as B-1 in lieu of H1B is a lesser-known and frequently misunderstood option. This category is intended to permit foreign companies to send their employees to the United States temporarily, for the purpose of performing duties related to their...
H-1B Entrepreneurs
Historically, foreigners have been instrumental in the creation of many successful companies in the US. However, the US immigration laws have become less and less welcoming to foreigners who wish to create their own companies. In 2010, a memo was promulgated that made...
ITIN Numbers
The obtaining of individual taxpayer identification numbers (ITIN) became significantly harder in 2012. ITIN's are used by many undocumented immigrants to pay taxes on monies earned in the United States. We also use them for foreign nationals who are not eligible for...
Did You Know?
The USCIS Adjudicator’s Field Manual (USCIS AFM) which is the manual the CIS uses to adjudicate cases, says that a branch of a foreign entity CANNOT sponsor an L-1A manager for a green card through the I-140 process. Although the USCIS AFM does not have the same force...
What Proof?
Many people don’t this, but the standard of proof that the applicant has to show in an immigration case is the preponderance of the evidence standard. What that means is that it must be more likely than not that something is true. In other words more than 50% likely...
L-1B Specialized Knowledge
As many people know, the government is looking very closely at L-1B visas and whether specialized knowledge exists for an L-1B. Our office has seen quite a few requests for evidence and denials because the USCIS is not convinced that an executive possesses specialized...
RFE Times To Be More Reasonable
At the AILA (American Immigration Lawyer’s Association) conference in June 2011 in San Diego, one of the big complaints from the members was that RFE’s (Request for Evidence) were being sent with very short (usually 30 days) response time. In general, the 30 days...
Ability To Pay
As part of the green card process, the company must show that it has the ability to pay the wage of the applicant to USCIS before USCIS will approve the case.  Generally, this is shown by either net income, that the company has enough net income over and above the...
Green Card Tips
One of the most important parts of obtaining a green card through employment and labor certification is the prevailing wage, or the wage that one must intend to pay upon the granting of permanent residence. A couple of tips: The job description is very important in a...
B-1 Visa For Prospective Investor
A B-1 visa can be obtained for a prospective investor. Â If you are planning to start your own company, but have not yet fully funded or started the enterprise, you can petition the government for a visa to start your own business. Â The B-1 visa allows you to enter the...