David Hirson & Partners, LLPDavid Hirson & Partners, LLP2024-03-15T22:28:35Zhttps://www.hirsonimmigration.com/feed/atom/WordPress/wp-content/uploads/sites/1603076/2020/05/cropped-512X512-FAV-32x32.pngOn Behalf of David Hirson & Partners, LLPhttps://www.hirsonimmigration.com/?p=500342024-03-08T06:59:55Z2024-03-14T20:52:43ZRecord numbers of filings and completions
In its 2023 fiscal year report, USCIS announced that it had received 10.9 immigration filings and resolved more than 10 million pending immigration cases. Both of these figures are records according to the agency. Those case completions reduced the USCIS backlog by 15%, and many of them were petitions for naturalization. The number of naturalizations completed has exceeded the number of naturalization petitions since 2021, and the approximately 875,000 immigrants who became U.S. citizens in FY 2023 effectively eliminated the naturalization backlog according to USCIS.
Employment-based immigration
USCIS also issued more than 192,000 general employment visas in FY 2023. For the second consecutive year, the agency issued every employment-based visa allowed by federal law. The eligibility requirements for EB-1 immigrant visa applicants were clarified by USCIS in FY 2023, and the validity period for submitting Employment Authorization Documents was extended to five years.
Improving service and shortening processing times
USCIS has shortened processing times and reduced its case backlog at a time when the agency received the most immigration filings in its history. This was accomplished by improving service and deploying new tools including a system that allows applicants to reschedule biometric appointments online. USCIS also introduced an expedited change of address process.]]>On Behalf of David Hirson & Partners, LLPhttps://www.hirsonimmigration.com/?p=500282024-02-19T08:39:40Z2024-02-23T08:39:10ZForm I-130 processing times
Processing an Form I-130 takes approximately 11 months, but waiting times are almost two years when the family members of U.S. citizens or permanent residents are already living in the United States. Individuals who request green cards for family members can minimize Form I-130 waiting times by completing the form properly and submitting it along with all necessary supporting documents. They can also ask USCIS to expedite their applications.
A valid family relationship
USCIS uses Form I-130 to determine that a genuine family relationship exists between the U.S. citizen or permanent resident seeking a green card and the person who will receive one. Completing and submitting the form is the first step in the family-based permanent residency process. When the person who will receive a green card is the applicant’s spouse, the form is used to verify that the marriage is valid. U.S. citizens and permanent residents often apply for family visas for their relatives before completing and submitting a Form I-130.
Family-based immigration
U.S. citizens and permanent residents can submit petitions to the immigration authorities if they wish their relatives to join them in the United States. USCIS Form I-130 is used to verify that the applicant and green card recipient have a legitimate family relationship. Applicants may meet this requirement by submitting supporting documents, like birth or marriage certificates, along with the Form I-130.]]>On Behalf of David Hirson & Partners, LLPhttps://www.hirsonimmigration.com/?p=500292024-02-22T14:39:56Z2024-02-22T14:39:56Zwww.hirsonimmigration.com.
Costa Mesa, CA Office: (949) 441-4003
Seattle, WA Office: (206) 926-3973]]>On Behalf of David Hirson & Partners, LLPhttps://www.hirsonimmigration.com/?p=500242024-02-07T05:05:09Z2024-02-14T05:04:32ZEB green card categories
There are five types of EB green cards. EB-1 green cards are awarded to professors, workers and researchers with extraordinary ability. Workers with advanced degrees or exceptional abilities in science, art or business are awarded EB-2 green cards. Skilled workers or professionals are issued with EB-3 green cards, and religious workers, broadcasters and certain foreign U.S. government workers receive EB-4 green cards. EB-5 green cards are reserved for investors.
Employment-based visas
Many of the skilled workers who are awarded EB green cards each year are already living and working legally in the United States. These workers adjust their immigration status from employment visas like the H1-B to permanent residency. In 2022, 82% of the EB green cards issued were awarded to these workers and their family members. If these workers and family members were exempted from the annual EB green card cap, American companies would be able to hire far more skilled foreign workers.
Keeping American companies competitive
Employment-based visas and green cards allow American companies to hire skilled foreign workers, but they are subject to strict annual caps. EB green cards can help employers to remain competitive in fierce global markets, but most of them are issued to family members who accompany skilled workers to the United States. This is why immigration advocacy groups have called for changes to be made to the EB green card allocation process.]]>On Behalf of David Hirson & Partners, LLPhttps://www.hirsonimmigration.com/?p=499922024-01-24T04:39:20Z2024-01-31T07:14:17ZWhat is an H-1B visa?
An H-1B visa is a nonimmigrant visa that allows a skilled foreign worker to live and work in the U.S. for a sponsoring employer. It can be renewed for three years after an initial three-year period, but it is not an immigrant visa and does not provide a direct path to citizenship. Because of its popularity, the U.S. government has established an H-1B visa lottery with an annual cap on the total number of H-1B visas issued per year. In most years, the available visas run out quickly, leaving employers without workers to fill their open positions and foreign workers without visas to work in the U.S.
Alternatives to H-1B visas
U.S. companies and foreign nationals who are not selected in the H-1B visa lottery might explore some alternative general employment visas that could allow companies to fill positions and workers to work for them, including:
L-1 visa - Allows intracompany transfers of those in executive or managerial roles
O-1 visa - Limited to foreign nationals with extraordinary abilities in their fields
F-1 STEM OPT extension - Allows individuals in STEM fields working under the optional training program to extend their visa for up to 24 months
J-1 trainee visa - For degreed individuals to obtain training in a specific field for up to 18 months
E-2 treaty investor visa - Allows individuals to live and work in the U.S. upon making a substantial investment
TN visa - For Canadian or Mexican citizens in STEM, teaching, and other fields
Some other types of visas might also be available.
Not being selected in the H-1B visa lottery can be frustrating. However, some alternative visas might allow companies to fill positions and foreign nationals to work in the U.S.]]>On Behalf of David Hirson & Partners, LLPhttps://www.hirsonimmigration.com/?p=499902024-01-10T05:32:27Z2024-01-17T05:31:16ZEB-2 processing time
It takes approximately four months to process Form I-140. The I-140 will take 15 days to complete if you choose premium processing. The next step is waiting for the visa. The visa processing time entirely depends on your country of origin. The visa gives you the go-ahead to apply for a green card. If you are already in the U.S., the application month for employment Visas is the month of September.
Benefits of EB2 visa
Possessing a work visa entails numerous advantages, some of which include:
Easy processing
The fastest route to obtaining American permanent residency is through an EB2 visa. This comes with numerous benefits, including eligibility for in-state college tuition. It also increases your chances of receiving permanent U.S. citizenship.
Spousal and dependent benefits
Your unmarried children under 21 years and your spouse will be eligible for E-21 status. Once your spouse completes the Employment Authorization Documents, they can work in the United States. Your children will also study in the U.S. after applying for the E-22 visa.
Access to American healthcare
Every EB2 visa holder can get access to an American health insurance plan for immigrants. This affordable medical cover will be sufficient for your basic medical needs.
Labor certification is essential for EB2A and EB2B visas, though not required for EB2C. The PERM labor certificate helps in protecting American workers and the job market.]]>On Behalf of David Hirson & Partners, LLPhttps://www.hirsonimmigration.com/?p=499842023-12-27T09:14:39Z2024-01-03T05:26:43ZWho can apply for an H-1B visa?
An H-1B visa gives nonimmigrant status to individuals working in specific fields in the United States. Applicants are typically people with advanced education or specialized knowledge. Approved employment visas offer three years of residence in the US.
A general H-1B visa can apply to many fields that require advanced knowledge. When a business needs a qualified candidate for a unique task in its operation, it may seek a foreign national to fill the position. Applicants will have at least a bachelor’s degree in their fields or a specialized certification.
What is the H-1B visa cap?
The general cap for H-1B visas is 65,000 across the country. These visas will go to anyone with a bachelor’s degree or above.
Additionally, the advanced degree exception allows for 20,000 visas for people with the equivalent of a US master’s degree or higher. Once the number of visas reaches the exemption cap, additional applications go into the general pool.
For the 2024 fiscal year, both the general and advanced degree caps have been reached. With a few exceptions, USCIS will not grant additional visas until the 2025 fiscal year application period.
Exemptions to the rule
The regular and advanced degree caps apply to individuals working for commercial businesses in the US. However, these restrictions do not apply to universities or nonprofit research organizations. USCIS will continue to evaluate H-1B applications for positions in these institutions throughout the year.
Applying for temporary residence in the United States can be complicated. Those seeking an H-1B visa should learn the requirements and deadlines to streamline the process.]]>On Behalf of David Hirson & Partners, LLPhttps://www.hirsonimmigration.com/?p=499822023-12-12T08:32:40Z2023-12-18T08:31:59ZE-3 visa benefits
The E-3 visa is only available to Australian citizens and their immediate family members and offers the following advantages vs. other types of employment visas:
Includes the employee's spouse and children, and the spouse can work without restrictions in the U.S.
Lower cost than an H-1B visa
Employees can apply at a U.S. Consulate directly without submitting an I-129 form to the U.S. Citizenship and Immigration Services (USCIS) first
Quick application processing time of only five to seven days
High chance of approval because quota is rarely met
Can switch between employers in the U.S. without leaving the country
60-day grace period after involuntary termination
For employers, there is no lottery, so this visa is available year-round. E-3 visas also have unlimited renewals, allowing employers to forge long-lasting relationships with talented Australian employees.
Eligibility and application process
E-3 visas are available to Australian citizens who hold Bachelor's degrees or who have equivalent experience. It is also available to Australian citizens who have job offers with U.S. employers in specialty occupations. The spouse and children younger than age 21 of an E3 visa holder are also included without having to file applications for derivative visas.
The U.S. employer must provide a copy of Form ETA 9035 to the Australian employee that attests the employer has not been able to find a U.S. person to fill the role. They must also get a copy of the applicant's proof of qualifications and include a copy of the job posting and the job duties. The applicant can then complete the E-3 visa application online and attend the visa appointment. They will need to make sure their passport is valid for at least six months beyond their intended stay and submit two color passport photographs along with the documents provided by the employer.]]>On Behalf of David Hirson & Partners, LLPhttps://www.hirsonimmigration.com/?p=499792023-11-30T23:42:52Z2023-12-01T07:34:28ZPer-country limits
China and India account for more than 40% of the world’s population and an even higher percentage of the world’s skilled workers. The current laws dealing with employment visas and employment-based green cards do not adjust per-country caps based on population, which means immigrants from countries like those two face waits for visas or green cards that can last for years.
The Equal Access to Green Cards for Legal Employment Act
The The Equal Access to Green Cards for Legal Employment Act would phase out the 7% per-country annual cap on employment-based green cards. If the bill is passed and signed into law, employment-based green cards will be issued on a first-come, first-served basis, without consideration of an applicant’s birthplace. While the same total number of employment-based green cards would still be available, more green cards would be available to applicants from countries like China and India, significantly reducing wait times for applicants.
Good for the economy
The availability of and wait time for green cards per country is, at present, a significant consideration for those who wish to apply for an employment-based green card. As the United States contemplates changing the system so significantly, it is more important than ever to understand your options and long-term strategy toward obtaining permanent status. An experienced immigration lawyer can assess your options under the current system and explain how they may change if this legislation is passed.]]>On Behalf of David Hirson & Partners, LLPhttps://www.hirsonimmigration.com/?p=499772023-11-15T10:26:47Z2023-11-21T10:26:11ZUnderstanding consular processing and how it works
Consular processing is the process of obtaining a green card through a U.S. embassy or your home country's consulate. This process is necessary for those living outside of the United States, as they cannot adjust their status within the country.
Initiating the consular processing
The first step in initiating consular processing is submitting Form I-140 or Form I-130 to the U.S. Citizenship and Immigration Services (USCIS) via mail or online. The USCIS officers will forward these documents to the National Visa Center (NVC) officers, who will then provide instructions on how to proceed, like paying the necessary fees and submitting biographic data forms and other supporting evidence for your application. When satisfied, the NVC will send forms such as DS-260 (Immigrant Visa Application) and I-864 (Affidavit of Support) to the applicant for completion.
Waiting for a decision
After submitting all the completed forms, they will undergo a thorough review by the NVC before they forward them to the appropriate consular post. Following this, the consular post will issue an appointment letter to the applicant, providing detailed instructions on scheduling a visa interview.
Passing the interview and the steps after approval
During the interview, consular officers will review the applicant's documents and ask questions to determine their eligibility for an immigrant visa. If approved, the applicant will receive a packet containing their immigrant visa and instructions on how to enter the United States. From there, they can arrange travel plans and complete additional steps, such as obtaining a medical examination.
While meticulous, the consular process ensures that individuals' movement to the U.S. occurs in the most secure and orderly manner possible. Each segment of the process, from initiating the application to passing the interview, is a critical milestone leading you closer to settling in the United States. As such, adequate preparation and adherence to instructions are key to a successful outcome.]]>