K.S., a citizen of Argentina, came to our office looking for options to work with a religious organization in Florida. K.S. came to United States as a tourist. The religious organization provides services to a big University in the area. We discussed two options – a religious R visa and a professional H-1B visa. Due to K.S’s educational and professional background the H-1B visa was selected. The initial H-1B visas are limited per each fiscal year – 65,000 applications. This number is called a cap. Employers can submit applications for their prospective employees as early as April of the fiscal year, with an employment start date no earlier that October. However, there is an exception from the cap – organizations of higher education or other organizations related to them. In K.S.’s situation, the challenge was to demonstrate that her sponsoring employer was an organization related to an organization of higher education. Our office prepared documentation showing that (1) the activity of the religious organization was directly related to the activities of the University; (2) the University met the general requirements of an organization of higher education under the law; (3) the related religious organization was a tax exempt organization; (3) a professional position was offered to K.S.; (4) K.S. met the qualifications for a professional worker; (5) the educational and experience background were necessary and/or required in order to perform the offered position.
Our office submitted the application under premium processing guidelines. Both K.S. and the employer were very happy to find out that the H-1B application was approved within 4 days.
If you have any questions or are interested in discussing your particular case, please contact us at the numbers on the home page.
The time has come to allow the young people who entered the United States when they were even younger and who started becoming members of this society by going to school and keeping a clean record to apply for benefits to allow them to be present in the United States without the fear of removal, to obtain permission to work and to continue to go to school. There are young people who all they desire is to finish highschool and continue on to college. Applying for deferred action benefits is the step to take. One is eligible to apply if he/she meets the following requirements:
1. is at least 15 years old at the time of application
2. was at most 30 years old on June 15, 2012
3. went to school or is currently a student, in highschool or other form of vocational school. For highschool students, if graduated, they need to have a GED diploma
4. has not been convicted of a felony, a serious misdemeanor or three non-serious misdemeanors
CALL NOW at any of our locations:
Los Angeles – 310-945-5998
Delano – 661-721-0721
Miami Beach – 305-672-1200
Las Vegas – 702-72703911
Mr. G came to our office two years ago. He is a field worker – very simple and humble man. Mr. G entered United States sometime in the early 1980′s. He submitted and application for asylum in 1993, which was closed administratively in 2005 due to the client’s failure to present himself for an interview. We determined that Mr. G may be eligible for NACARA benefits as long as we would be able to reopen his asylum application. In 2010, we submitted a Request to Reopen the asylum application with the San Francisco Asylum Office presenting the asylum office with evidence that our client appeared to qualify for NACARA benefits as a citizen of Guatemala. The application was reopened and scheduled for an interview. Our attorney, Ms. Miller, accompanied the client to two interviews. At the time of the first interview, as a result of a background check, it was noted that Mr. G was apprehended 4 times in 1997, at or in vicinity of the Border – which disqualified him for benefits. Mr. G was scheduled for a second interview. At the time of the second interview, through extensive questioning, the asylum officer determined that Mr. G was apprehended within the US territory, thus maintaining Mr. G’s eligibility for NACARA. After the detailed interviews with the two very experienced and caring officers at the San Francisco office, our client was found eligible for NACARA benefits. He recently received his temporary proof of legal permanent residence. He no longer needs to hide to live in this country. Congratulations!
Our office assisted a very talented and gifted martial art instructor obtain his legal permanent residence in 1.5 years. Our client had been in H-1B status for 8 years when he came to our office. He had two denied labor certifications and was very upset. We sat down with him and discussed all his options and we discovered he was a very talented martial art instructor, founder of a new style of marital art, with international recognition in the field. We then established the strategy and started working on his I-140 petition. We filed an the petition on his behalf as an extrarodinary ability martial art instructor. Because of the filing, we were able to extend the H-1B status for our client and H-4 for his wife, for the 9th year. The I-140 petition was approved in approximately 1 year. After approval of the I-140 we applied for legal permanent residency for our client and his wife. The family received their green cards in 4 months afterwards. Congratulations!
President Obama anounced that deferred action benefits have been made available to young individuals who have been in the United States since a young age, and who meet the following criteria:
1. Are between the ages of 15-30;
2. Have been in the United States for 5 years or more;
3. Entered United States before the age of 16;
4. Are enrolled in school, were enrolled in school or are enrolled in the military;
5. Have not been convicted of a felony, a serious misdemeanor or more misdimeanors.
The deferred action represents the government’s decision to not deport those who meet the above criteria. The benefit is awarded for two years with the possibility of renewal. Upon approval of deferred action, an individual may apply for employment authorization and travel document.
For more information, please call our office at 661-721-0721!