Religious Worker Visa (R-1) Guide by ilexlaw.com

H-1B Transfers: Understanding Portability Rules

At ilexlaw, PLLC we often hear from our H-1B clients that they are unsure what options they have to switch jobs in the United States to be able to remain in H-1B or another legal status.  Whether the H-1B employee is seeking a promotion by transferring to another company or is simply unhappy with his or her current employment, there are options that will allow the employee to remain living and working in the United States for a new employer.

Technically there is no official concept of H-1B transfer. However, H-1B employees may frequently transfer between jobs as long as certain requirements are met.

In order to transfer to a new H-1B position, the H-1B new employer must submit an entirely new H-1B petition for the transferring employee. This petition must conform with the normal H-1B rules as outlined "www.ilexlaw.com/h-visas/" . However, H-1B transfer petitions are not subject to the H-1B numerical cap! This means that despite filing a new H-1B petition, the H-1B employee will not have to undergo the lottery process as he or she was previously counted in the cap for the original H-1B employment.

Another important aspect of H-1B transfers concerns timing. Under the "portability rule" an H-1B employee may change his or her employer at the time USCIS receives the new H-1B petition. This rule applies so long as the employee:

1. Was lawfully admitted into the United States;
2. Is currently in a lawful status in the United States;
3. An employer has filed a non-frivolous petition for new employment before the date of expiration of the period of authorized stay; and
4. Has not been employed without authorization in the United States before the filing of such petition.

Another important thing to note for any transferring H-1B employee is that while he or she has no duty to inform the current H-1B employer about the transfer prior to leaving, there may still be important contractual or other employment based issues to be considered.

Additionally, while an employee may begin working for his or her new employer upon receipt of the new H-1B petition by USCIS, there is no guarantee that the new petition will be approved. If a new petition is not approved and the employee has already transferred to the new employer, he or she could risk falling out of status.

If you are an H-1B employee looking to transfer jobs or if you are an employer planning to hire an H-1B worker, consultation with an experienced immigration attorney can be vital to the success of your petition.

Contact ilexlaw, PLLC for H1-1B visa today for your free consultation.

How to get a green card through marriage?

Green Cards for Investors: A pathway to Permanent Residence (Green Card) through Investment in the United States

Many foreign nationals interested in business related immigration into the United States seek visas and Green Cards through investment opportunities.

There are many options, we will discuss 2 most popular ones:

1. E visa

One avenue for many investors to work in the United States is to pursue an E-1 or E-2 visa. These visas allow foreign nationals to reside in the U.S. to oversee a business in which he or she has majority ownership and in which the immigrant has invested a substantial amount of money. Currently E visas are generally renewable for the length of the investment and management but do not officially lead to Green Cards. However, lawmakers in Washington are currently proposing an official path from an E visa to a Green Card and this option may be available in the future. High-ranking foreign national employees who are not actually investing in the U.S. company may also seek an L-1A visa to transfer into the U.S. after working for an affiliated foreign company.

2. EB-5 visa

Investors able to make very substantial investments may also be eligible to apply for an EB-5 visa, which actually allows an investor to receive a conditional Green Card for two years. EB-5 Investors may be involved in a variety of different types of investment projects, though a common EB-5 project often involves real estate type ventures. The investor is required to invest at least $1,000,000 (or $500,000 in certain areas) AND the investment must create at least 10 jobs. Then, within 90 days of the expiration of the EB-5 investor’s conditional Green Card, he or she must prove that the full investment was made and that 10 jobs were maintained in order to receive a traditional Green Card. Due to these strict, selecting the right EB-5 project is crucial. Intending investors should also be aware that the EB-5 program is currently up for renewal in Congress. Check back with our blog for legislative updates on the EB-5 program.

For both E visas and EB-5 visas, it is vital that an intending investor understand the requirements for an investment that satisfies the necessary immigration requirements. The team at ilexlaw, PLLC works with foreign nationals seeking to invest in the U.S. as well as with business consultants to formulate successful immigration investment strategies. 

Call ilexlaw, PLLC today to discuss how we can help you! Our website is www.ilexlaw.com

What is P-3 Visa and Who is Eligible for it ?

P-3 visa is a special visa for cultural performers and entertainers. Some people think that B-1/B-2 visa is the way to go however, it is not true as getting paid is prohibited under the conditions of a tourist visa. P-3 visa allows artists to get paid for each performance and get reimbursed for travel expenses.

What is a Culturally unique performance?

Not every artist is qualified for a P-3 visa. The main requirement is that the performance must be culturally unique. In simple language Cultural Uniqueness means a performance distinctive to a particular area where the artist is coming from. It does not have to be very complicated but the assumption is that a regular artist in America would not be able to conduct such performance because if its cultural exclusivity.

Does the artist have to be very popular in his home country?

International or regional fame is not required but the artists must be professional, not amateur.

How long does it take to get a P-3 visa?

When all the paperwork is submitted, regular processing time is around 3 months. Expedited Service is available for P-3 visa that can limit the time to 2-3 weeks.

Can a single artist perform and are there any limitation as to the size of the group?

If an artist is culturally unique on his own, he is qualified for a P-3 visa. At the same time, there is no limitations for the size of the group. Some cultural performance require 200-300 people. They will all qualify for a P-3 visa. Moreover, support personnel, such as barbers, designers, tailors, movers also qualify for a P-3 visa when they are traveling with a group.

How long can I perform in the US or can I do only one performance?

There is no restriction or limitation for timing. An artist may perform as often as scheduled/required by the promoters but no longer than 1 year initially.
At the same time, only one performance is enough to obtain a P-3 visa.

Please contact us if you have any questions. We serve entertainment companies throughout the US.

Who can apply for a green card

There are four main basic categories that can be used to apply for permanent residency in US, commonly known as a green card. Each category is specifically enumerated and explained in the Immigration and Nationality Act and Code of Federal Regulations.  Even if a relative or employer really needs someone to be in the US permanently, this is not a basis for a green card.  Every person must go through an extensive process to apply for it and it must be approved by Department of Homeland Security and by Department of State.  The categories are:

1. Family Based Immigration
2. Employment Based Immigration
3. Asylum
4. Lottery

There are some other that are less common than these four. Most of the immigrants that have come to America already have fit in one of these categories.

1. Family:

Family is a pretty straightforward way to get in. If an alien (foreign citizen) has an IMMEDIATE relative in the US, that person qualifies for immigration benefits, meaning he/she can enter and live in America. Notice that the relative must be immediate, such as: spouse, children, parents, brothers and sisters. No one can sponsor an aunt, uncle, girl friend, cousin, niece, nephew, neighbor, in-law relative or a grandparent. Only immediate relatives.

When the relatives are in the US, there is one process.
When they are outside the US, the process is different.


2. Employment

There are so many different ways to immigrate through employment. Some ways are more difficult than others. However, Employment Based Immigration provides great revenues for America and creates jobs.  This section of the law is very well organized and regulated.  The simple rationale is the more outstanding a foreign worker is, the easier it is to get a green card.  At the same time, if his or her services are not skilled, not qualified, it is more difficult to get a green card.  Please review different categories on our website www.ilexlaw.com.

We have online chat support feature where you can ask questions and receive immediate answers from our Immigration Specialists.


3. Asylum

Many people think that asylum is the easiest way because one does not have to be smart or have relatives to obtain one. As a result, the highest number of fraudulent petitions is in this category.  US Congress and Department of Homeland Security are well aware of this tendency and therefore make it difficult to get asylum applications approved.  The most common bases are: Nationality, Religion, and Politics.
The most important requirement is fear of impending death if were to return home.

4. Lottery

50,000 green cards are randomly given to those who apply. Per country limitsare set up. For example, India, China, Mexico and some others are not on the list because there are a lot of immigrants from these countries in America already.  The lower population of a country is, the higher chances of success are.  The lottery starts sometime in October-November and the results are posted in May of the following year.

Please visit our website www.ilexlaw.com with any questions you may have.  We successfully applied and received green cards in every category described.  America is pulling immigrants from all over the world. Its laws are probably the most complicated Immigration Laws in the world as a result of such interest.  We provide expertise and navigate immigrants throughout this process for a small fee.