H1B Visa Lawyer Blog
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
- What is an L1A nonimmigrant visa and how long is an L1A visa granted for?
An L1A is an Intra-Company Transferee visa that allows companies operating both in the United States and abroad to transfer certain types of employees from its overseas office to the U.S. office. The L1A is a temporary nonimmigrant work visa. The L1A nonimmigrant visa is reserved for Executives and Managers. An applicant must be able to establish that they have worked for the non-U.S. company for at least one (1) full year within the last three (3) years as an executive or manager. The initial validity period for an L1A nonimmigrant visa is three (3) years, unless it is a new office being opened in the U.S., then it would only be granted for a period of one (1) year. The L1A nonimmigrant visa may be extended in two (2) year increments until the applicant reaches 7 years in L1A nonimmigrant visa status. If you have additional questions, contact our office to schedule a consultation.
- What is an L1B nonimmigrant visa and how long is an L1B visa granted for?
An L1B is an Intra-Company Transferee visa that allows companies operating both in the United States and abroad to transfer certain types of employees from its overseas office to the U.S. office. The L1B is a temporary nonimmigrant work visa. The L1B nonimmigrant visa is reserved for employees with specialized knowledge. An applicant must be able to establish that they have worked for the non-U.S. company for at least one (1) full year within the last three (3) years as an employee with specialized knowledge. The initial validity period for an L1B nonimmigrant visa is three (3) years. The L1B nonimmigrant visa may be extended in two (2) year increments until the applicant reaches 5 years in L1B nonimmigrant visa status. If you have additional questions, contact our office to schedule a consultation.
- I have DACA and the expiration of my status is coming up next month, am I still able to file for a renewal of my DACA status?
Yes, you are still able to RENEW Deferred Action for Childhood Arrivals (DACA) as long as you have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. DACA is still being litigated in the Federal Courts and as a result no new DACA applications may be processed by the United States Citizenship and Immigration Services (USCIS); however, an applicant may still file an initial/new DACA application with the USCIS. For various reasons, we do not recommend that you file an initial DACA application with USCIS due to the current litigation. To learn more about DACA, please visit our website.
- What are the requirements for applying for an EB1A?
The EB1A preference classification is reserved for individuals with Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics. To qualify under this category the individual should be one at the “top of her/his field of endeavor,” as demonstrated by national or international acclaim which should be recognized through extensive documentation. The individual should continue to work in the same field and provide proof of how s/he would substantially benefit the U.S. The law provides that you must demonstrate receipt of a major internationally recognized award or provide sufficient documentation that you can satisfy three (3) of the ten (10) criteria listed below. Our law firm also recommends the attainment of at least 8-12 reference letters.
The ten (10) EB1A criteria:
1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
2. Documentation of the alien’s membership to associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields.
3. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
4. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.
5. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
6. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
7. Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
8. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales.
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
10. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
Although the USCIS requires that an individual satisfy at least three (3) of the ten (10) criteria, our law firm will NOT prepare and file an EB1A case without the candidate having evidence to satisfy at least four (4) to six (6) of the ten (1o) criteria listed. Contact us today for a consultation on EB1A eligibility.
- How long is it taking to obtain a prevailing wage determination for a Green Card from the DOL?
As of October 15, 2024, the Department of Labor (DOL) is currently processing prevailing wage determination requests filed through the PERM process in April of 2024. We advise all of our clients from the onset of a case to expect at least a 209+ day processing time for the final prevailing wage determination to be issued by the DOL.
- How long is it taking to obtain a certified Labor application from the DOL?
As of October 15, 2024, the Department of Labor (DOL) is currently adjudicating Labor Applications filed through the PERM process in August of 2023. We advise all of our clients from the date of submitting the Labor through the icert portal to expect at least a 14-month processing time for the Certified Labor Application to be issued by the DOL.
- What is required to obtain Special Immigrant Juvenile Status?
For a child to obtain Special Immigrant Juvenile Status (SIJS) they must be able to satisfy the following:
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- Be unmarried and under 21 years of age;
- Have proof of abandonment, neglect or abuse by one or both parents prior to the age of 18;
- Be dependent upon a Juvenile court;
- Be able to prove that reunification with one or both parents is not viable due to the abuse, abandonment or neglect or similar basis under state law; and
- Be able to prove that it is not in their best interest to be returned to their home country.
To obtain SIJS, a state court proceeding must first take place, either custody, third party custody or guardianship. Once the state proceeding takes place and the necessary orders are issued by the State Court Judge, the child may be eligible to then file for SIJS with the USCIS.
- Has the H-1B limit for FY2025 been reached?
Not yet. In August of 2024, USCIS conducted a 2nd random lottery selection process. We hope to receive notification from the USCIS that the H1B CAP for FY2025 has been reached sometime in late November 2024/early December 2024, unless another random lottery selection process is needed to reach the statutory limit.
- When will the H-1B registration open for FY2026?
The H-1B CAP registration process is expected to open early March 2025 for FY2026.
- What chart am I to follow for November?
If you are an employment based green card preference category applicant, you are required to follow the Dates for Filing chart in the Department of State (DOS) Visa Bulletin for the month of November 2024.
If you are a family based green card preference category applicant, you are required to follow the Dates for Filing chart in the DOS Visa Bulletin for the month of November 2024.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, November 4, 2024!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
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