Thank God that our invaluable nurses are processed on a separate U.S. immigration track from other professionals. Nurses are “Schedule A” professionals; and therefore pre-certified by the U.S. Department of Labor (“DOL”). In other words, the DOL assumes there is a shortage and allows professional nurses to by-pass the Labor Certification Stage to ensure “speed” in processing his or her case.
However, we have seen a recent flow of nurses into our office as the Hospitals hire big law firms to represent the nurses, and the big firm lawyers end up mishandling the case frustrating the whole purpose of speed and ease in processing. The nurses call us with huge headaches, and sorely disappointed. The good news is that we take over the case and quickly get the case back on the “fast track”. So whatever nurses do, do not lose hope, and do NOT leave the United States until you consult with an experienced U.S. Immigration Lawyer.
The requirement for nurses is a 2 year degree, plus the NCLEX exam passed. However, a 4-year degree is required for Nurse Managers, and nurse managers have more options in the whole U.S. Immigration process. We are happy to explain as we strategize your case.
Our lawyers have been practicing for over 25 years and are members of the American Immigration Lawyers’ Association. We have real lives and have published authors on our staff who share their personal stories to encourage everyone who reads. Ask us, and we will provide you free copies.
Contact us today and schedule a low-cost consultation at info@becapitallaw.com or info@vasselllawgroup.com. We are based in Washington D.C. serving the nation and clients abroad.
Afghan Refugees have fled by thousands. Sleeping on hard floors, cement and just waiting to see how their fate will be determined. At this time, it is hoped that there will be sweeping legislation granting them permanent resident status in the United States. Otherwise, the Afghan evacuees lack pathways, according to the DHS report, and must apply for asylum to stay in the country.
According to Syracuse University, the United States has 1.6 million pending asylum cases, and the average applicant waits nearly five years for a hearing. Congress ordered U.S. Citizenship and Immigration Services (USCIS) to prioritize Afghan applicants, interviewing them within 45 days of application and deciding cases within about 150 days.
Thanks to our U.S. Troops, the Afghan people have seen what life is possible for 20 years. However, our policy makers withdrew from the area in the U.S. and in Afghanistan leaving our troops without leadership and steps to take next to secure the Afghanistan region. In my humble opinion, each Afghan that has made it to the United States, should be vetted to the best of our ability and given permanent resident status. U.S. citizenship however should be limited since the country is in complete disarray and there is no way to absolutely assure who is who and background checks are essential despite no standing government agencies at this time.
Fortunately, there has been no voiced opposition by Congress in granting Afghans permanent resident status. Our prayers are with the Afghan families. We will wait and see.
Our law firm actively supports and represents the Afghan people. Contact us today to schedule a low-cost consultation with one of our U.S. Immigration Lawyers.
If you have questions or need a consultation with one of our experienced immigration lawyers, you may call us at our Washington D.C. office where we serve the nation and abroad. The phone number is (703) 829-5881 or email us at info@becapitallaw.com.
Members of the U.S. Immigration Lawyers Association
Practicing for over 25 Years in U.S. Immigration Law Matters.
The first step of opening an L-1A company in the United States is visiting to see how you like the United States. The lifestyle is ideal for entrepreneurs interested in increasing their income.
The next step is opening a company in the United States. The United States Company has to be the Petitioner. The Beneficiary has to have worked abroad for his or her U.S. company for at least one year before filing. An I-129 is filed with a slew of supporting documents.
Working with a seasoned and experienced immigration lawyer is essential for success in the visa process. A business plan that is approvable and shows where you are headed once the L-1A visa is approved is essential.
We delight in working with entrepreneurs from all over the world. If you are interested in opening a new office in the United States, give us a call or email us at the contact information listed below. I wish my clients all the success in the world and look forward to building a long-term business relationship.
If you have questions or need a consultation with one of our experienced immigration lawyers, you may call us at our Washington D.C. office where we serve the nation and abroad. The phone number is (703) 829-5881 or email us at info@becapitallaw.com.
The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2022, or later, will open on January 1, 2022, at 12:00 a.m. Eastern Time.
Following OFLC’s standard operating procedures, H-2B applications requesting an April 1, 2022, work start date will be denied if they are filed before January 1, 2022, at 12:00 a.m. Eastern Time.
OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2022, that are filed during the initial three calendar days (January 1-3, 2022) using the randomization procedures published in the Federal Register on March 4, 2019. Each day, from January 2, 2022 through January 4, 2022, OFLC will publish on the Foreign Labor Application Gateway System website the number of H-2B applications it has received to date and the total number of requested worker positions on those applications.
If you have questions or need a consultation with one of our experienced immigration lawyers, you may call us at our Washington D.C. office where we serve the nation and abroad. The phone number is (703) 829-5881 or email us at info@becapitallaw.com.
If you or a family member are interested in opening a business in the United States, now has never been a better time. Whether you do real estate, consulting, own a grocery store, or own a hair salon…if you would like to expand your footprint into the United States, we are happy to meet with you to explore this fantastic opportunity.
First, there is no $1,000,000.00 needed… not even $100,000.00. I have done visas for clients as low as $25,000.00. The key is to have a business plan that is approvable by the United States Government and show that your business plan is well capitalized. A budget is necessary, and financial projections. Also, having an experienced and seasoned U.S. immigration lawyer is key.
Next, you may open an LLC in the United States. The structure if simple may involve 2 people. Both may be non-U.S. Citizens, or a non- U.S. citizen may partner in joint venture with a U.S. Citizen. Both parties may have equal control.
It is important to ensure that the monies you intend to invest are “vested” and irrevocable. We assist our clients with escrowing funds, contracts as needed.
Finally, you should check with a U.S. Immigration lawyer to ensure that the Department of State has listed your country of nationality as part of the E-2 investor bi-lateral visa treaty. For instance, Nigeria is not listed, but have other visa options to consider.
Our lawyers find E-2 investor visas to be fun, and we enjoy working with individuals, families, and businesses as they begin to extend their business and legacy around the world.
This blog tip is being posted to assist U.S. Employers and foreign nationals avoid the harsh consequences of failing to understand the key principle discussed below. The Department of Homeland Security (“DHS”) through AC21 allows for foreign national employees who have a PERM Labor Certification and/or I-140 filed on their behalf to change employers without losing their respective priority date with the Department of State (“DOS”). The visa bulletin, issued monthly by DOS, allows foreign national applicants who are being sponsored by a U.S. employer to know when they are eligible to become a U.S. Permanent Resident.
While porting over priority dates for purposes of AC21 is ideal to capture one’s priority date and eliminate additional wait time; it is very important to ensure the two job descriptions match according to specific Federal regulations. We have seen where hiring a U.S. Immigration attorney to complete the porting over of the PERM Labor Certification and I-140 can save a foreign national much heartache when they change jobs midstream in the work sponsorship process. Both jobs must be identical to ensure that the U.S. work based sponsorship can “run the full course” to U.S. Permanent Status being achieved. Triggering U.S. Citizenship and Immigration Services (“USCIS”) to issue a NOID (Notice of Intent to Deny) as the result of filing the I-485 Adjustment of Status Application step can result in a denial of visa.
We provide legal guidance to H-1B visa holders, PERM, E-B1a, E-B1b, E-B1c, E-B2 and National Interest Waivers. We monitor the Federal Regulations, and receive daily updates from the American Immigration Lawyers’ Association (AILA). Laws are continually being updated on non-immigrant visas and permanent visas. Consular Processing through the Department of State and Waivers of inadmissibility are studied and aggressively used to assist clients. Representation by counsel at the National Visa Center (“NVC”) aids efficiency in processing of visas. I-601 A waiver(s) are the basis for many Waivers needed when encountered. Our law offices are based in Washington D.C, Rockville, Maryland and Fairfax, Virginia.
Our immigration lawyers are members of the American Immigration Lawyers Association (AILA) and have 22 years of experience with Business Immigration law matters. You may contact us at one of our offices conveniently listed at www.vasselllaw.com or email info@vasselllaw.com to request a video or in person attorney consultation.
Is There Ever A Time When Your Visa Is Expired But Your Still In Status?
The answer is yes! I’ll explain. This is your U.S. Immigration Minute where we give you Immigration Tips & News without the Politics.
Whenever a foreign national travels to the U.S. On a temporary non-immigrant visa, he or she is issued an I-94 record which can be accessed electronically. As a general rule, the I-94 expiration date always rules over the visa expiration date.
Here at ScottVassell Law Firm, our lawyers have had the pleasure of working with Au Pairs in the United States for the past two decades. We advocate and protect the status of these bright intelligent youth with great dreams and aspirations from around the world.
The Au Pair program is a cultural exchange program run by the Department of State (‘DOS’) that permits youth between the ages of 18 and 26 years old to provide childcare to U.S. parents who are typically professionals, executives and business owners. The program is for 12 months, but DOS may approve a one-time extension of 6, 9, or 12 months if the Au Pair complies with certain educational requirements and files at least 30 days prior to expiration. 22 CFR §§62.31(k), (o). An Au Pair may also return to the program for a new 12-month period after remaining outside the U.S. for 2 years. 22 CFR §62.31(p); 73 FR 34861 (June 19, 2008); 74 FR 15844 (Apr. 8, 2009).
Au Pairs of America is the primary placement agency for Au Pairs. The agency uses its own U.S. immigration legal counsel to prepare the J-1 visas for Au Pairs accepted into the program. However, in contrast, the agency unfortunately does not provide legal representation for the Au Pair towards the end of his or her stay where the Au Pair is unable or unwilling to apply for an extension of Au Pair duties. We have seen this lead to the Au Pairs accruing unlawful presence in the United States, and lose their ability to receive any future U.S. Immigration benefits.
The Following Tips Are Essential For Au Pairs To Not Forfeit Their U.S. Immigration Options Or Aspirations In Planning For ‘Life After Being An Au Pair’:
First, do not accept legal advice from an Au Pair of America staff manager or member. Only a separate private immigration attorney can accurately advise, as Au Pairs of America and the Au Pair have a ‘conflict of interest’ where the program date is coming to an end.
The Au Pair agency needs to bridge the gap between the exiting Au Pair and the new Au Pair needed for the host family. This is paramount, of course, for the Au Pair agency’s business. In contrast, the exiting Au Pair cannot and should NOT work even one day after expiration of status on the DS 2019.
Due to misinformation by the Au Pair staff agency, we have seen many Au Pairs fall out of status because they were told that ‘there is a ’60 day’ grace period to remain in the U.S. despite an expired stay. The Au Pair then falsely believes she may continue to work for the host family until the new Au Pair nanny arrives. At no time should an Au Pair feel obligated to work for her host family without valid work authorization from the agency in the form of a new DS-2019 extension.
Secondly, talk to your host family about your J-1 visa well in advance of expiration. Host families in the United States are many times very understanding and helpful. We frequently receive calls from the host family wanting to know how they might help their Au Pair stay in valid status. The 60 day grace period is not status while remaining in the United states, and a private Immigration lawyer can help the host family and Au Pair with concerns about child care during ‘the gap’ which occurs when an Au Pair’s DS-2019 expires.
Finally, the Au Pair should ideally consult with her own private immigration attorney at least 45 days before expiration of the J-1 visa especially if there is any consideration to remain in the U.S. at completion of one’s program. If, however, an Au Pair ends up remaining in the United States unauthorized due to misinformation about the 60-day grace period, an attorney can still help as long as legal counsel is enlisted asap BEFORE departing the United States. An experienced Immigration lawyer knows how to remedy and correct any unlawful status that might result. This legal step is ‘insurance’ so that an Au Pair will be able to change her visa status in the United States, reapply for a new visa at a U.S. Consulate abroad; and be eligible for travel (called advance parole) if being sponsored for permanent resident status based on employment or marriage.
Our immigration lawyers are members of the American Immigration Lawyers Association (AILA), and we provide initial free 20-minute video consultations. You may contact us today with any questions. ScottVassell Law Firm has 22 years of experience with Business Immigration law matters. You may contact us at one of our offices conveniently listed at www.vasselllaw.com or email info@vasselllaw.com to request an initial 20 min free video or in person attorney consultation.
While lockdowns and quarantines have placed the world on ‘pause’— we have witnessed businesses and investors respond to the pandemic as an opportunity to unite internationally in solving unprecedented problems. Finding solutions fast to grapple with the ‘new normal’ has become essential for society due to the crisis created by the spread of the COVID-19 virus.
The ‘race seems to be on’ by organizations and communities alike to find ways to safely have children return to school; to find social distancing solutions, and ways to prevent the spread of the virus all together. The E-2 investor visa has allowed the average U.S. Citizen and international investors worldwide collaborate their resources to face one of the greatest challenges of the century.
In a famous quote by one of my favorite writers; he says ‘in times of trouble, whatever things are positive, whatever things are of a good report’ think on these things’. So, despite the dire situation we face, it’s great to report that the E-2 Investor visa, a bi-lateral treaty between the U.S. and other countries, is leading to partnered international solutions between U.S. citizens and foreign nationals to protect our children, and high risk populations as it pertains to this horrible virus.
Our lawyers at ScottVassell & Lee Law Firm are excited to take part by representing business and investor clients around the world, and in the United States to bring their business plans and investments to life in the United States.
Despite popular belief, there are no minimum money investment required. Rather, we work with our clients to ensure the U.S. Federal regulations are met by ensuring SUFFICIENT capitalization to meet the necessary monetary outlay for product or service development in the United States. Well, I hope that wherever you are in the world, you find this information positive and enlightening in these difficult COVID times. We invite you to contact our Immigration lawyers by emailing info@vasselllaw.com or call us at (703) 829.5881. We offer an initial free 20 min video and in-office consultation.
With the arrival of an unprecedented world pandemic, due to COVID-19, wreaking havoc on everything and everyone; individuals holding ESTA visa waiver status have been left in a unique sensitive ‘bind’. Specifically, their U.S. non-immigrant U.S. status has been placed at risk with lockdowns, and flight cancellations just prior to his or her VWP expiration date. It’s important to pause and remember the big difference between foreign national citizens who enter the country on the ‘sensitive’ VWP, versus foreign nationals that enter the U.S. on a traditional non-immigrant visa issued by a U.S. Consulate Post abroad.
The Visa Waiver Program allows Citizens of certain countries to apply for admission into the United States through a pre-clearance U.S. Customs and Border Patrol Centers. The VWP waives the need for eligible nationalities to go through the traditional U.S. Consulate application process. An ESTA recipient also waives their rights to the following: Extension or change of status in the United States, or to avail themselves of appeals and relief through the Department of Justice immigraiton court system in the event of immigration status complications.
Without much recourse, individuals in VWP status have hastily departed to border countries such as the U.S. and Canada to renew their ESTA status, and risked not being admitted to either country or readmitted after departing the United States. Our lawyers here at ScottVassell Law Firm, strongly disagree with ESTA VWP holders taking these risks. It’s important to work instead with a U.S. Immigration lawyer who has a good working relationship with the U.S. ports of entry, and can represent you in front of U.S. Customs Border and Patrol (“CBP”).
Our lawyers have successfully helped countless individuals extend their ESTA without leaving the country by entering our representation with U.S. CBP, and resolving extension issues at land borders or airports while our clients ‘stay put’ in the United States. These extension requests must be made well in advance of the VWP’s expiration date. However, we also file ‘nun pro tunc’ requests for eligible applicants even in the event of overstay.
The above legal option should only be exercised with experienced legal counsel who are members of the American Immigration Lawyers Association (‘AILA’).
