Month: December 2020

Immigration law in the United States provides people with many ways that they can become lawful and permanent residents of the country. Those who have a TN visa in Los Angeles, those with an H-1B visa in Los Angeles, and those with an L1 visa in the Los Angeles area could all speak with an attorney to see about potentially moving to a green card. With some of these categories of visas, the path forward may be easier than others. The visa holders will want to speak with an expert on H-1B and visa law in Los Angeles to find out what they will need to do.

New Changes Could Help Some Indian Visa Holders

One of those ways is through employment-based preference immigrant categories. In the past, it was possible for Indians who were trying to get a green card to obtain one faster when they were under the EB-2 preference category rather than the EB-3. However, things are changing. It’s important to have an understanding of the various EB categories to see how they can affect getting a green card.

The EB-1 category is considered first preference. These are priority workers. They might be people who have some type of extraordinary ability in education, the arts, sciences, athletics, or business. They could be outstanding researchers or professors, or even executives or multinational managers.

The second preference is the EB-2 category. This would include workers who have advanced degrees, or who have some type of exceptional capability. The EB-3 category is the third preference, and this applies to skilled workers, professionals, and other workers. Typically, because EB-2 is a higher-tier preference category, it was faster for these workers to get their green cards when they applied.

In the October 2020 Visa Bulletin, it was revealed that the USCIS would be using the dates for filing for I-485 filings. This allowed Indian applicants in the EB-2 category to downgrade to the EB-3 category if they had a priority date between May 15, 2011, and January 1, 2015. This means that thousands of Indians could qualify for the downgrade.

Why Downgrade?

One of the questions that many will have for their specialist for immigration and H-1B visa law in Los Angeles is why they should consider a downgrade. The EB-2 category should be a faster path for a green card. However, the EB-2 category has been moving more slowly than it has in the past. The EB-3 category does not have the demand that was expected, and this means that the Department of State has chosen to use the visa numbers available to help advance those in the EB-3 category.

Those who choose to downgrade would be able to file for their I-485 Adjustment of Status. This means that it becomes possible for them to get independent work and travel permits for themselves and their family. Additionally, they would be able to shift their I-485 green card process to a new employer after six months. This affords them more flexibility. It has the potential to speed up the green card process, as well. However, this will mostly help those who are located in an area where it is possible to get faster I-485 interviews. Those who are considering this option should talk with an H-1B visa lawyer in Los Angeles to see whether it might be a good idea for them to consider a downgrade. In some cases, the attorney might believe it is better to keep the EB-2 status instead, as the length of time for getting a green card can depend on various and changing factors.

How to Move the Case from EB-2 to EB-3

Fortunately, moving from the EB-2 to EB-3 category is relatively simple, as long as the applicants have a specialist for a green card and H-1B visa law in Los Angeles helping them through the process.

Those with employers who have an approved I-140 form that has a priority date that matches the current EB-3 priority dates, mentioned above, can downgrade the case to EB-3. If the applicant has the same employer and the same job or position with the company, they can use the same EB-2 PERM and then file a new I-140 in the EB-3 category.

Those who change to a different employer, including those who have an amended I-140 after a company went through a merger or was acquired, will need to have a new PERM filed with the current employer, along with a new EB-3 I-140. They will also need to file an I-485 with the I-140 and have a Supplement J.

The applicant will then have an open work permit thanks to the I-485 EAD, as mentioned. This means that it is possible to stay in the United States if their main job lays them off because they can go to work for another company. Additionally, if they have an H4 dependent spouse, he or she will be able to work with the I-485 EAD, as well.

It is possible to upgrade again if needed, and many consider the downgrade with the EAD to be something of an insurance option in case a job is lost. When downgrading, it is possible to keep both the EB-2 and the EB-3 I-140, which can provide more options. For example, if the EB-2 queue for green cards starts to open up again and it proves to be faster, they can simply upgrade. There are no real downsides.

The process of downgrading may not be difficult, but it can be confusing for many people. Most people do not deal with immigration law regularly, so knowing which forms to fill out and when to file them can be a problem. These issues are eliminated when working with an H1-B visa lawyer in Los Angeles who knows and understands the process, along with the changes that were made recently.

The attorney can let the applicants know whether it will be the right move for them to downgrade and take advantage of those changes and can help them through each step of the process.

According to the October 2020 Visa Bulletin, Indians who are in the United States with an H-1B visa can apply for green cards. Doing so can allow them to become a permanent U.S. resident, and it can be an excellent choice for those who want to remain in the United States for the long term. Visa lawyers in Los Angeles can help people to understand whether they might qualify.

Typically, the wait time for getting a green card is quite long. However, this is changing for some people, according to the October Visa Bulletin. There were a couple of large changes that can help to make the application process for the H-1B visa faster and potentially easier. Those who are from India originally and who want to apply for a green card will want to speak with an immigration law firm in Los Angeles.

What Are Employment-Based Visas?

There are currently five different types of employment-based (EB) visas. They include EB-1, which is a green card for priority workers, EB-2, a green card for advanced degrees, EB-3, a green card for professional and skilled workers, EB-4, which is a green card for religious workers and special immigrants, and EB-5, which is a green card for investors.

With the release of the October Visa Bulletin, it seems that there are changes in the wait times for the EB-3 applicants. It is important to have a basic understanding of these changes to see how they could affect a person’s ability to get a green card faster than usual.

The Changes

Those who hold an H1-B visa are foreign workers who have a specialty occupation. L-1 holders are specialized knowledge workers. An example of this would be a business owner. Those who hold one of the aforementioned visas and who have Form I-140, Immigrant Petition for Alien Workers that was approved before January 1, 2015, can now start to apply for Form I-485, Adjustment of Status.

Since the holder of the Form I-140 has had their employment-based visa approved by the USCIS, it provides them with some advantages when compared with other types of visa holders. It means that they are able to extend their H-1B in many cases, and they can change their employer. It also means that they are closer to getting their green card, thanks to some of the new changes that have been made.

Additionally, they can to get an Employment Authorization Document, which is a work permit. These are issued by the USCIS to those who are not citizens of the United States and allows them to work with temporary employment status. Once the person has their Form I-485, they are allowed to apply for a green card.

This helps to make it faster and simpler for many Indians who have been working in the country to get their green card. An immigration lawyer in Los Angeles can talk with the H1-B and L-1 holders about the steps they will need to take as they begin to pursue their green cards. With the new rules, it should take far less time.

Another important change that occurred helped to reduce the wait time for getting a green card. It should help those who hold EB-2 and EB-3 visas substantially. The President passed an executive order on April 22, 2020 that banned processing green cards for immigrants who were outside of the United States. This was done in an effort to slow the spread of COVID-19 in the US. They believed that it would slow the spread by keeping more people out of the country. They did not want a large number of people coming into the country who were not tested prior to entry. It would also be difficult and potentially impossible to quarantine a large number of new entrants to the United States.

One of the consequences of the ban was that there were many unused family-based visas that became available. Overall, there were around 226,000 of these visas, which then went into the EB visa pool. With hundreds of thousands of additional visas available, it means that it would help to reduce the wait times for many Indians who wanted to get a green card. Estimates are that it could reduce the wait time for some people by years.

Those Indians who are going to be applying for a green card will want to get in touch with a visa lawyer in Los Angeles soon to determine what steps they need to take next. It is difficult to predict exactly what will happen in the current administration, so applying for the green card as soon as possible is a good idea.

Get in Touch with a Reputable Immigration Law Firm in Los Angeles

When looking for an immigration lawyer in Los Angles, it is important for people to choose carefully. Although there may be many attorneys offering these services, it does not mean that they are all an ideal solution for each client. Those who are on the search should take the time to research the reputation and the experience of the attorney first. Do they have plenty of experience with green cards? Have they worked with people who are in the same or a similar situation in the past? What types of services do they provide, and what will be required of the client?

Applicants who have their H1-B visas or L-1 visas have an excellent opportunity to bypass the traditionally long and tedious wait line for their green card. Now is the best time to get the help needed to secure the green card. Those who have questions and who want to make the process as easy as possible will find an immigration law firm in Los Angeles soon. The attorneys can help the clients understand what type of timeline they are looking at when going from their visa to a green card.

The United States offers several nonimmigrant work visas that allow workers to visit locations like Los Angeles to excel in their chosen careers. The three most common are the H1B visa, the L1 visa, and the TN visa. Because each of these visas has similarities to the others, it means that understanding the differences and deciding which is the right option can be challenging. This article will delve into what each of these visas is all about to give individuals the chance to choose the one right for their needs.

H1B Visa Law in Los Angeles, California

The United States H1B visa allows companies in the states to employ workers in specialty occupations chosen from graduate-level workers. The covered occupations require technical or theoretical expertise in specialized fields like IT, medicine, finance, science, accounting, mathematics, architecture, and engineering. If a professional job requires a bachelor’s degree or higher, it typically qualifies under the H1B for specialty occupations.

In some cases, a person without a bachelor’s degree may still be eligible by showing the equivalent of a degree using work experience or other types of qualifications. However, there is a visa cap, which means that very few people get a successful H1B visa in Los Angeles. The employer needs to petition for a visa in the United States, and it will have a six-year duration.

Most of the time, evidence of a degree is required to petition for this visa. This could be through objective resources that show overlap between the degree and positions in the industry, an explanation of how responsibilities in the business relate to a degree and knowledge, or expert opinions and testimonials that show the value of a specific degree for the job or field. An H1B visa lawyer in Los Angeles can help immigrants gather the evidence needed to move forward.

All About the L1 Visa in Los Angeles

Sometimes called the intra-company transferee visa, the L1 visa is a category that has been designed to allow multinational companies the chance to transfer employees from foreign locations to areas within the United States. However, only employees in an executive or managerial position or individuals with specialized knowledge about the company’s operations are capable of receiving an L1 visa through a visa lawyer in Los Angeles.

The process of applying for an L1 visa is similar to that of the H1B in that evidence may be required before obtaining a visa. However, an L1 visa has no specific education or degree requirements. Receiving this visa also does not require an individual to have specialized knowledge as they would need with the H1B. Instead, the L1 visa is only available for workers who have been employed for at least a year by a multinational company.

Another difference is that the maximum length of time that a person with an L1 visa can stay in the United States is seven years, while H1B holders can stay for six years and also file for a three-year extension. 

Important Information about TN Visa Law in Los Angeles

The final visa for nonimmigrants is the TN visa. This visa also has its own requirements compared to the L1 or H1B visa. It was created as a way of allowing Mexican and Canadian citizens to come temporarily into the United States for professional business activities. This visa was created through the North American Free Trade Agreement (NAFTA) as a part of a trade and economic relationship between Canada, Mexico, and the United States.

Citizens from Canada will need to apply for the TN-1 visa to work in the United States, while those from Mexico will need a TN-2 visa for the same purpose. Qualifying for this visa requires being a citizen of Mexico or Canada, having an offer of employment, and having an intention to work in an approved profession. The individual who wants the visa should also have the proper credentials for the profession, which might be a bachelor’s degree, licensing, or a master’s degree.

Citizens from Canada can apply for a TN visa at the United States border port of entry. The person will need to bring several documents with them, including a letter from the employer, proof of Canadian citizenship, any credentials evaluations, and fees for the visa. Mexican citizens and Canadian citizens can also submit a TN visa application through a consulate in the home country or at any U.S. embassy.

How a Lawyer Can Help with Obtaining the Appropriate Visa

Individuals who wish to come temporarily into the United States for work will need to manage their time and paperwork well to meet deadlines and ensure everything is in order. An H1B visa lawyer in Los Angeles can help ensure that everything gets done right the first time to avoid delays. Having experienced attorneys available is the best way to reach the objective of working in the Los Angeles area.

There are many choices for an L1 visa lawyer in Los Angeles, but not all have the same level of knowledge and expertise. Word of mouth is one option for finding a firm that can meet the applicant’s needs, and if there are family members or friends who have worked with an immigration attorney in the past, that’s a bonus. 

Even after having referrals, it’s also essential to ask for references to get an idea of how the lawyer worked out for others. The right person will have positive online reviews and a list of satisfied clients happy to recommend their services. Once the right person is found, a lot of stress will go away. When working with a professional, there is someone there who knows every letter of the law and can help ensure the best chances of employment.

Final Thoughts About Nonimmigrant Visas

Whether one plans to stay in the United States for a short time or wishes to become a citizen eventually, the first step is having the right attorney. Find someone who can help in the long-term and start building a relationship with them. It’s well worth the time and money to choose the best, since getting the desired results will open up all sorts of opportunities in the future.

Going it alone when it comes to the immigration process is an excellent way to stack stress and frustration on a person. The process comes with a tremendous amount of paperwork that even United States citizens would have trouble getting through. When it comes to immigrants from other countries who may not speak English as a first language, things get even more challenging. That’s precisely why having an immigration lawyer in Los Angeles is the best thing that can be done to stay calm and collected through all the bumps of the process.

Many immigrants aren’t aware of all the requirements during the process, and having a lack of information can make it much harder to get into the U.S. and stay legally. Having no legal representation or subpar help is the best way to run into problems. Having a visa lawyer in Los Angeles can wipe all that away and keep the focus on the end result of reaching people’s dreams.

Immigration Attorneys Can Prevent Errors

One of the most essential parts of immigration is filing the right paperwork to get a visa. This is something that has to be done to finalize a marriage to an immigrant, get a family member into the United States, and more. There is a lot of paperwork to deal with. If someone isn’t working with a firm in Los Angeles, they can easily get stuck or make an error that will prevent an application from going through properly.

With an experienced attorney, the professional will know the steps involved for citizenship, work permits, and marriage licenses. This expert will also catch mistakes that could make it impossible to get all the right documents authorized by the right groups.

An Immigration Firm in Los Angeles Has Experience

Another significant benefit of choosing to hire an immigration lawyer is the fact that they have gone through the process time and time again. An expert will have the required level of experience to help a person’s dreams become realities in ways that might not seem tangible but are still extremely important.

When choosing an immigration lawyer in Los Angeles, it’s a good idea to focus on someone who has gone through the process thousands of times in the past. While any attorney can understand the laws surrounding immigration, the ones that have successful clients are the ones that someone can trust to do the same for them.

Visa Lawyers in Los Angeles Can Help Find Employment

The truth is that immigrants often find it more difficult to find a legal job than a U.S. citizen. It can be even more challenging for an immigrant to get paid a competitive wage that will pay all the bills. An immigration firm in Los Angeles can often help with the steps of applying for jobs, seeking out employment opportunities, and working with human relations staff. 

Many immigrants aren’t fully aware of the tools that U.S. citizens use to find jobs, which can make things frustrating and confusing. Thankfully, with the help of a professional immigration attorney, individuals will have a guide to recruiting and hiring resources and help through the process of finding employment as quickly as possible.

Immigration Attorneys Can Explain All the Options

While everyone is in a unique situation, each person also has several options. When an expert attorney is available to explain each of the choices, it can make things less confusing. Immigration lawyers can also help people understand the scope of different circumstances and how those things will play out in the legal world. Each person who has a professional lawyer has a much better chance of getting what they want out of life.

A firm in Los Angeles can help in all sorts of situations, whether someone is facing deportation or dealing with a completely different problem. Each of these problems is likely urgent and sensitive, which means finding a solution quickly is essential. It’s far better to know and weigh all the options available, rather than choosing one at random only to find out that another choice might have been better.

A Visa Lawyer in Los Angeles Can Work with Regulations and Permits

Excellent immigration lawyers know the procedural options available for success. Whether the goal is to become a full U.S. citizen, get a work permit in the states, or have permanent residency, an immigration lawyer can help from beginning to end. This person is a veritable expert on all the possibilities and how to handle each one.

While it’s possible to make it through the immigration process without a firm in Los Angeles, the chances are much lower. It’s possible that a form will be filled out incorrectly or something will turn up late, and the application will be rejected. When considering it that way, it’s not a big surprise that most people prefer to work with a professional attorney to ensure the best results.

Immigration Attorneys Offer Permanent Resident Advice

For those who are on work visas or who have permanent residence in the United States, there are still many laws that apply only to immigrants. Someone who doesn’t follow these laws can end up deported before the visa expires, even after going through the work to become a permanent resident. When working with a visa lawyer in Los Angeles, a professional will ensure the laws are understood, so someone’s status isn’t under threat.

These experts can also help with completing the path to become a U.S. citizen. An immigration firm in Los Angeles knows the steps to take for citizenship and can share information at every step to get someone where they want to be. 

Get Help Now with All Types of Immigration Needs

Having an understanding of why immigration lawyers are so vital should make anyone realize how important it is to have this kind of assistance. No matter what a person’s end goal is, a top firm in Los Angeles can help reach it. Reach out to the best, and nothing will be off-limits. That means everyone should be sure the person by their side is professional, experienced, and capable, and things will go more smoothly than expected.