New York Lawyer's Legal Updates

President Trump H1B Executive Order

19 April 2017

Author: New York Employment lawyer Alena Shautsova On April 18,l 2017 President Trump issued yet another Immigration Executive Order, this time concerning work immigration visas, and particular H1B program. An H1B employment visa allows professionals with relevant experience and/or high education to come and work in the United States. A US emplo ...

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Automatic Extensions Of EAD For EB-1, EB-2, And EB-3 Immigrant Workers And Program Improvements Affecting High-Skilled Nonimmigrant Workers

03 February 2017

Author: Work Visa attorney Alena Shautsova On January 17, 2017, a new regulation establishing validity of work authorizations for beneficiaries of certain work visa and employment based petitions became effective. All relevant EAD applications that were pending on January 17, 2017 and those filed on or after January 17, 2017 now will be subject to ...

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VAWA And Work Authorization

12 December 2016

Author: VAWA attorney Alena Shautsova VAWA or Violence Against Woman Act was adopted to help and protect victims of violence and covers not only women, but also battered and abused men, parents and children. There are various groups eligible for VAWA benefits, but this article will focus on one important aspect of the VAWA process: an employment a ...

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Immigration Options For Fashion Models

27 June 2016

Author: New York Immigration Lawyer Alena Shautsova The Immigration laws of the United States do not provide for special work visas for fashion models. It means that workers in this category have to compete for limited employment visa slots with all others seeking employment in the US. With visa categories named from A to Z, and no clear legal ...

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Differences And Similarities Between L-1 Visa And H-1B Visa

21 June 2016

Author: New York Employment Immigration Attorney Alena Shautsova There are limited employment visa options for those who would like to work in the US. Among the most popular ones are H1B, L1, O and P visas, as well as E and TN. Like an H-1B Visa holder, the L-1 visa holder may seek to procure lawful permanent resident status without fear of jeopa ...

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TN Work Visa’s For Canadian And Mexican Citizens

06 June 2016

Author: New York Employment Immigration attorney Alena Shautsova A TN visa is a work visa available for citizens of Canada and/or Mexico. The visa is much easier to receive than other work visas and in fact, may be applied for at the border. The traditional, in-conuslate application can be submitted as well, and sometimes is preferred. The proces ...

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H1B Lottery: To Play Or Not To Play

09 April 2016

Author: Work visas lawyer Alena Shautsova On April 7, 2016 USCIS announced that the cap for H1B petitions for the next fiscal year has been reached. It means that no new petitions subject to cap would be accepted. USCIS also announced that it received more petitions that the allocated quota and all received petitions subject to cap will be partici ...

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240 Day Rule For Work Visas

05 March 2016

Author: New York visa attorney Alena Shautsova One is authorized to work in the United States if his status permits him to do so (for example, an Asylee does not need a work authorization to accept employment or to be self-employed), or if he has an approved I-765 application (for example, L2 visa/status holders). A person whose status is pending ...

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Extending H1B Status After 6 Year Cap

03 February 2016

Employment Immigration Attorney Alena Shautsova An H1B worker may stay and work in the U.S. for a total of 6 years only. It means, that upon conclusion of the 6 -year period, the H1B holder has to leave the U.S., and will not be able to qualify for another H1B visa, unless he/she spends 1 year abroad. However, recognizing the need of the U.S. emp ...

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P Is For Performing – P Non-immigrant Visa Overview

25 January 2016

New York Visa lawyer Alena Shautsova The P Non-immigrant visa category has four (4) separate classifications, P-1, P-2, P-3 and P-4. The main distinction between O and P visa is that the P visa is limited to a specific event whether it be a competition, sports season, tour, exhibition, a performance even. This limitation does not limit the indivi ...

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New Proposed Rule Regarding Non-immigrant Work Visas

06 January 2016

Author: Visa lawyer Alena Shautsova The New Year comes with new proposed changes in work visas regulations. I would like to emphasize that the rule published is a proposed rule. It means it is not the law yet, and we can only speculate what the final result would be. However, it is worth to highlight certain proposed changes just to see the direct ...

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How To Get An O Or P Visa

28 December 2015

Author: New York Immigration attorney Alena Shautsova The US government offers some non-immigrant visas for people with extraordinary ability in the science, arts, education, business or athletics, or in the motion picture and television field. Such visas known as O visas, if granted, are usually given first for three years, and then can be extend ...

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How To Obtain An H-1B Work Visa

05 February 2014

Author: Work Visa Attorney Alena Shautsova After an employer has obtained an approved Labor Condition Application (LCA) (see here) , it is time to file an H1B petition for the foreign worker. The H-1B visa allows a foreign national to accept professional jobs with the US employers. The H1B petition should be filed as soon as possible: on the fi ...

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What is LCA or Labor Condition Application?

13 January 2014

Author: Work Visa Attorney Alena Shautsova First Step In Obtaining A Nonimmigrant Working Visa. The first step in acquiring an H-1B specialty occupation, E-3 Australian specialty occupation worker, and H-1B1 Singapore/Chile Free Trade non-immigrant processes is to submit a Labor Condition application (LCA). This in short is the promise your empl ...

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How to Change H1B Employer: H1B Transfer

02 November 2013

Author: Employment Immigration Attorney Alena Shautsova Life happens: your offered a new job with a higher pay or better benefits, you want to take this new job, or in some cases have to, but you’re unsure of how to go about doing this. Statistics is clear: those attempting to handle their immigration cases themselves much more often find themsel ...

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What Is the H-1B Visa Cap?

18 April 2013

Author: US Visa Attorney Alena Shautsova An H-1 B Visa is a non-immigrant visa that permits employers to hire foreign workers with specialty occupation skills on a temporary basis. When the sponsoring employer dismisses the worker or the worker quits, workers must apply for a status change to remain legally in the United States. Status change ofte ...

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