H1B Visa – General Overview

The H1B visa category is for noncitizens who will work in the United States in a “specialty occupation,” perform services under a Department of Defense-administered project, or work as a fashion model of distinguished merit and ability.

The “specialty occupation” category is the one that applies to most employers and individuals. It refers to jobs for which the usual requirement is a U.S. bachelor’s degree or the equivalent in a specific field and for which the foreign national employee has a relevant degree or the equivalent. Examples of jobs that qualify include accountants, engineers, information technology professionals, pharmacists, scientists, and teachers.

There is a cap of 85,000 visas for first-time applicants each federal fiscal year, which runs October 1 to September 30.
Key Features of the H1B Visa.

Here are the basics on the H1B visa:
The H1B visa can be approved only based on a specific employer, offering a specific job in a specific location. A change in any one of these often requires the sponsoring (or new) employer to file a petition with U.S. Citizenship and Immigration Services (USCIS).

The employer must pay the H1B employee the higher of the actual wage or prevailing wage, as described in, “H1B Employers: What Wage Must You Pay?”
The H1B employee can work for up to six years in the U.S., authorized in maximum periods of three years at a time. The six-year limit does not apply if the employee works less than six months each year in the United States or has reached certain milestones in the employment-based green card process.
Dependent family members (spouses and children under age 21) are eligible for H4 visas to accompany the H1B worker. H-4 visas do not allow for employment in the U.S.

If the employer terminates the H1B worker, the employer must offer to pay for return transportation to the worker’s last place of residence abroad. The return transportation requirement does not apply if the H-1B worker resigns or leaves on his or her own. It also does not apply to H-4 family members.

When the H1B employment ends, the employer must notify USCIS and have the petition revoked. As long as the H1B petition remains in effect, the employer must pay the worker’s wages.

For more information: http://www.immigrationlawyer-sandiego.com/H1B-Visa.htm

 

Key Features of E-2 Visa – San Diego Immigration Lawyer

In this article, I will review pluses, minuses, and issues surrounding the E-2 visa:

The treaty investor can work legally in the U.S. for a U.S. business in which a substantial cash investment has been made by the visa holder or other citizens of the country of origin, so long as this country has a treaty with the U.S.
While in the U.S., the treaty investor or employee is restricted to working only for the employer or self-owned business that acted as the E-2 visa sponsor.

Initial visas may last for up to five years, with unlimited extensions. The length of the visa depends upon the visa “reciprocity” agreement between the U.S. and the foreign country and upon the viability of the business (new companies receive shorter validity periods).

Each time E visa holders (workers or family members) enter the U.S., they receive a period of stay of up to two years. They also may extend their stay while remaining in the U.S.

Visas are available for an accompanying spouse and minor, unmarried children.
The spouse, but not children, may apply for a work permit once physically present in the U.S.

Like the E-1 visa, some people call the E-2 the next best thing to U.S. permanent residence, because it is possible to obtain via self-employment, and it comes with an unlimited number of extensions. Also, there are no annual limits on the number of E-2 visas that can be issued to qualified applicants.

Qualification Criteria for an E-2 Treaty Investor Visa
There are six requirements for getting an E-2 visa:

The applicant must be a citizen of a country that has a relevant treaty with the United States.
The applicant must be coming to work in the U.S. for a company that he or she either owns or that is at a minimum 50% owned by other nationals of the country of origin.

The applicant must be either the owner or a key employee (executive or supervisor, or someone with essential skills) of the U.S. business.

The applicant or the company must have made a substantial investment in the U.S. business (there’s no legal minimum, but the applicant or company must be putting capital or assets at risk, be trying to make a profit, and the amount must be substantial relative to the type of business).

The U.S. company must be actively engaged in commercial activities and meet the applicable legal requirements for doing business in its state or region. It also cannot be merely a means to support the investor. The underlying goal of the treaty investor visa is to create jobs for U.S. workers.

The applicant must intend to leave the U.S. when his or her business in the U.S. is completed, although the person is not required to maintain a foreign residence abroad. The applicant will likely be asked to show the U.S. consulate evidence of eventual plans to leave the United States.

For more information: http://www.immigrationlawyer-sandiego.com

San Diego Immigration Lawyer
Law Offices of Hasbini

E-2 Visa – Amount of Investment – San Diego Immigration Lawyer

Eligibility for the E-2 Visa

Alien investors who meet the following requirements may qualify for an E-2 visa:

The investor’s home country maintains a treaty of commerce and navigation or bilateral investment with the United States;

The investor has made a “substantial investment” (typically $50,000.00 or more) in a U.S. business;

The business in which the investment was made is not less than 50 percent owned by citizens of the treaty country;

The investor intends to come to the United States to direct the operations of the enterprise in a capacity that is either executive, supervisory, or involves specialized skills;

The investor possesses means of support independent of the enterprise.

It may benefit applicants for an E-2 visa to demonstrate that their investments will result in the creation of jobs within the United States.

Substantial Investment
There is no fixed amount of investment necessary to qualify for an E-2 visa, although as a general rule of thumb a minimum investment of $50,000.00 is necessary. The investment must amount to not less than fifty percent ownership in an enterprise that generates active income (as opposed to “passive income”, such as that generated from rental property).

Ordinarily, the investment will be made by the E-2 applicant. There may, however, be circumstances in which an E-2 visa will be issued to an employee of a foreign company that qualifies as a treaty investor, provided the employee comes the United States in an executive or supervisory capacity to direct the enterprise or possess a specialized skill required by the enterprise.

For more information: http://www.immigrationlawyer-sandiego.com

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Immigration Lawyer in San Diego – San Diego Immigration Attorney

Top San Diego Immigration Lawyer with 9.8 Avvo Rating

San Diego Visa Lawyer – Visa Attorney in San Diego

Arabic, English, French, and Spanish Speaking Staff
Law Offices of Hasbini in San Diego
Based in San Diego, Chula Vista and El Cajon, Immigration Lawyers at Law Offices of Hasbini specialize in immigrant and non-immigrant visa processing, U.S. permanent residence, green card, working visas, H-1B’s, business and investment visas, naturalization, corporate and business immigration, political asylum, as well as deportation and removal matters.

San Diego immigration defense lawyer Habib Hasbini and his associates truly understand what it takes to get our clients the legal help they deserve. By remaining open and honest with our clients, we are consistently able to provide the highest quality of care and service. We are familiar with the emotional investment clients make in the immigration process. San Diego immigration defense lawyer Habib Hasbini and his associates combine personal experience, knowledge of the immigration system, and extensive legal experience to provide the immigration services you need.

Our clients come from various backgrounds and we work hard to accomplish each of their immigration goals. Our diverse staff represents our true international nature and can accommodate nearly every client. Our international staff speaks Arabic, English, French, and Spanish.

San Diego immigration defense attorney Habib Hasbini and his associates have a 9.8/10 Avvo rating and ranked number 1 at http://www.immigrationlawyersandiego.info and at http://www.sandiegoimmigrationlawyer.info providing high quality legal counsel for all immigration matters.

Few things are more worrying than facing immigration problems. Your future is at stake when USCIS and the Immigration Courts make decisions about your family’s right to stay in the U.S. The Law Offices of Hasbini is a recognized leader in immigration law, with the highest reputation in San Diego for helping immigrants resolve their immigration problems. Our staff is committed to bringing immigrant families together, and to keep them here when trouble strikes. Our firm aims to provide the best possible legal representation to all clients. We are proud of the representation that we provide and we value each one of our clients. If you are in need of high-quality legal counsel, contact our firm and see how we can help.

The firm’s founder, Habib Hasbini, has the critical insights immigrants need in defending their immigration case. With 15 years of experience, Habib Hasbini has the knowledge to successfully navigate his clients through the U.S. immigration system. It is vital that your case be handled by immigration lawyers with your best interests in mind; our attorneys have resolved even the most difficult immigration problems, and earned a hard-won reputation representing immigrants at the cutting-edge of immigration law.

Our legal team represents clients like you facing a variety of immigration problems, including:

•immigration defense
•citizenship & naturalization (N-400/N-336)
•deportation defense
•bond hearings
•immigration court
•I-130 family immigration petitions
•K1/K3 marriage visas
•joint I-751 petitions for spouses
•I-751 waivers
•deportation & asylum
•cancellation of removal and 212(c) applications
•waiver of Inadmissibility
•asylum & refugee status
•criminal immigration problems
•federal court immigration litigation
•U Visas
•VAWA Petitions
•permanent residency
•expiring I-551 green card
•Adam Walsh Act problems

We can handle any type of ​immigration problems regarding a spouse of a US citizen within the US, parents of US Citizens, sons and daughters of US citizens, spouse & unmarried children of US residents, married sons & daughters of US citizens, and brothers and sisters of US citizens.Our firm is dedicated to helping individuals with immigration matters when they are visiting the US, and assisting them before the Asylum Office.

Law Offices of Habib Hasbini is dedicated to winning the toughest immigration cases. Your case must be carefully evaluated to determine the best legal strategy to assist you and your family . Our offices serve immigrants from all over California, the United States, and around the world in most kinds of immigration defense matters. We are here to help you quickly solve your immigration problems, so you and your family can finally build a future here in the United States.

Contact a San Diego immigration defense attorney from our firm to address your immigration legal problem:

Head Office Address: 945 4th Avenue, Suite 309, San Diego, CA 92101 Phone: (619) 350-3111

Other Immigration Lawyers at Law Offices of Hasbini locations:
•Immigration Lawyer in San Diego
•Immigration Lawyer in Chula Vista
•Immigration Lawyer in El Cajon
•Immigration Lawyer in Los Angeles
•Immigration Lawyer in Glendale
•Immigration Lawyer in Sherman Oaks
•Immigration Lawyer in Inland Empire
•Immigration Lawyer in Riverside
•Immigration Lawyer in Pomona
•Immigration Lawyer in Hesperia
•Immigration Lawyer in Orange County
FAQ by San Diego Immigration Lawyers at the Law Offices of Hasbini
Since 1990, when Immigration Lawyers at Law Offices of Hasbini began specializing my law practice in the area of U.S. Immigration and Nationality Law, people have asked the questions listed below many times. I hope you will find my answers to these questions to be both interesting and informative:

When a person has a legal problem involving U.S. immigration law, under what circumstances should she or he obtain representation of an immigration lawyer?

Many people seem to believe that so-called “simple” matters never require the services of an immigration lawyer, that so-called “complicated” matters always require the services of an immigration lawyer, and that everything “in-between” can somehow be weighed on some kind of imaginary scale (which can indicate, perhaps, in shades of gray going from white to black) to determine whether the matter is “simple” or “complicated”.

Such persons often think a “simple” matter is something such as an application by a person who is visiting from abroad for an extension of time to remain in the U.S. Accordingly, such persons think that this type of a “simple” matter never requires the services of an immigration lawyer. Such persons also often think a “complicated” matter is something such as a deportation hearing in Immigration Court or an “employer-sponsored” application for permanent residence. Accordingly, such persons think that these types of “complicated” matters always require the services of an immigration lawyer.

It is very important to understand that, unfortunately, there are many separate government agencies and courts involved with Immigration or Nationality Law matters. Such agencies and courts include:
•the Department of State (“D.O.S.”), which is in charge of all of the U.S. Embassies and Consulates throughout the world. D.O.S. is also in charge of the Visa Office (“V.O.”) and the United States Information Agency (“U.S.I.A.”);
•the Department of Labor (“D.O.L.”), which is in charge of many regional offices, located throughout the United States, of the Employment and Training Administration (“E.T.A.”), which has the power to decide whether or not, in its opinion, a person’s employment skills are needed in the United States. D.O.L. is also in charge of the Board of Alien Labor Certification Appeals (“B.A.L.C.A.”), which is located in Washington, D.C.;
•the Department of Justice (“D.O.J.”), which is in charge of the Federal Bureau of Investigation (the “F.B.I.”) and the Executive Office for Immigration Review (“E.O.I.R.”), which includes the Office of the Immigration Judge (“O.I.J.”), located throughout the U.S., and the Board of Immigration Appeals (“B.I.A.”), located just outside Washington, D.C.;
•the Department of Homeland Security (“D.H.S”) and its three separate “bureaus” having jurisdiction over various immigration matters: the Bureau of Citizenship and Immigration Services (“B.C.I.S”); the Bureau of Immigration and Customs Enforcement (“B.I.C.E.”); and the Bureau of Customs and Border Protection (“B.C.B.P.”); and,
•the many United States District Courts, the United States Circuit Courts of Appeals, and, ultimately, the United States Supreme Court.

There are some intelligent, caring people who work at these government agencies. However, during my many years of experience as an immigration lawyer, I have seen first-hand that some of the government employees who work at these agencies are often uncaring, inefficient and extremely bureaucratic. They sometimes lose people’s files and documents, and applications can sit on shelves or in drawers for months and, in some cases, even years. Government employees in these agencies sometimes make decisions that are unfair, unintelligent or even, in some cases, contrary to law. Some government employees are rude or incompetent or both. In addition, each separate agency has its own forms, rules, regulations, policies, and procedures, many of which are extremely difficult to obtain.

We have seen many “simple” matters turn into nightmares of complications with horrible results. We have seen many “complicated” matters end up, amazingly, being quickly and fairly resolved. Predictions as to what will happen regarding any matter can often be incorrect. Accordingly, We truly believe that no matter can ever be labeled as “simple” or “complicated”.

Considering all of this, my answer to “When a person has a matter involving U.S. immigration or nationality law, under what circumstances should she or he obtain representation of an immigration lawyer?” is: Always. Obtaining the services of an immigration lawyer always benefits a person in two very important ways:

1.It gives the person more power in dealing with the government than she or he would have without the immigration lawyer; and 2.It increases the probability that the final resolution of the case will be one which is positive rather than negative.

There really is no question as to whether or when a person should obtain the services of an immigration lawyer. An immigration lawyer’s services should always be obtained.

Can an immigration lawyer ever help to speed up the resolution of an immigrant or nationality matter?

The sad truth is that very few matters involving U.S. Immigration or Nationality Law are ever resolved quickly. This is the truth regardless of whether or not a person is represented by an immigration attorney. Except under the most extreme and very rarest of circumstances, to help get a matter resolved quickly is not a good reason to hire an immigration lawyer. As mentioned above, the two most important reasons why a person should be represented by an immigration lawyer are (1) to give the person much more power in dealing with the government and (2) to increase the probability that the final resolution of the case will be positive, not to speed up the resolution of the matter.

How can a person find out if an immigration lawyer is competent?

A competent lawyer can be defined as a lawyer who is effective, knowledgeable, professional, caring, and experienced. Five ways to find out if a particular immigration lawyer has these qualities are:

1.Learn about some of the clients who have hired the lawyer in the past (see a list of many of the employer clients that have hired us in the past); 2.Find out if the lawyer is officially certified as a Specialist Attorney in Immigration and Nationality Law by the state in which she or he is licensed to practice law (We are licensed to practice law by the State of California, and we are certified as a Specialist Attorney in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization, and, in addition, we have served as one of the Commissioners on the Board’s Advisory Commission on Immigration and Nationality Law); 3.Determine how long the person has been practicing immigration law (We have practiced immigration law continuously since 1990); 4.Find out if the lawyer has ever been disciplined by the state in which she or he is licensed to practice law for incompetent or unethical acts or omissions (We have never been disciplined for any reason).

If I have a B-1 visa, how long will I able to stay in the United States? ◦The answer to this question will vary depending on the circumstances of your trip and the extenuating factors of your visa. Typically, if you are entering in the country with a B-1 visa, you will have between six months to a full year.

I am looking to adopt a foreign child. How can I make the process as fast as possible? For those who are looking into adoption, but have yet to identify the child that they are interested in adopting, it is recommended that they file an Application for Advance Processing of Orphan Petition. This will allow for the portion relating to the approval of the parents to have been completed by the time the child is chosen so that the adoption process can be expedited.

How can I permanently live in the United States? If you are looking to become an immigrant who permanent lives in the country, you need to seek status as a permanent resident. Those who are granted this permission are given what is commonly referred to as a green card. To obtain this status you can either seek a green card through your relatives, through a job, through status as a refugee or one of the other qualifying ways.

I’m a foreign national student, studying in the U.S. Can I stay within the country following graduation? To stay in the country following graduation, a student will need to obtain an H-1B temporary worker visa. Typically, graduates who work in a specialty field (such as a medical professional or engineer) will be able to obtain this visa with ease. To ensure that this process moves smoothly, it is recommended that students apply for this visa as early as possible to avoid penalties.

An experienced San Diego Immigration Lawyer at the Law Offices of Hasbini is just a phone call away. To get accessible and informative legal advice, call today. If you are a new client, please call (619) 350-3111.