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Coronavirus Update: DHS to Allow Farms to Hire Farm Workers Holding Valid H-2A Visas and Already in the US News

Coronavirus Update: DHS to Allow Farms to Hire Farm Workers Holding Valid H-2A Visas and Already in the US

The Department of Homeland Security has announced a temporary rule to allow farmers facing delays in getting approval for foreign agricultural laborers to hire farmworkers holding valid H-2A visas and already in the U.S. The H-2A program allows U.S. employers…
April 17, 2020
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I want to apply for an E-1 employee visa. What categories of E-1 employees can come to the U.S. and work for the E-1 Company? E-1 VisaImmigration

I want to apply for an E-1 employee visa. What categories of E-1 employees can come to the U.S. and work for the E-1 Company?

The E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home country. You can find more information on the E-1 visa requirements here. An E-1 visa can be a great…
April 17, 2020
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My O-1 status is about to expire but my employer filed an application for extension. Can I continue working for my employer after my O-1 status expires? Can I Leave the Country? Extraordinary AbilityImmigration

My O-1 status is about to expire but my employer filed an application for extension. Can I continue working for my employer after my O-1 status expires? Can I Leave the Country?

If you are currently in the U.S. on O-1 status, and your O-1 status is about to expire, you can stay in the U.S. and keep working for your employer if the same employer that originally sponsored you for the…
April 17, 2020
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Coronavirus Update: California Announces Access to Disaster Relief Funds for Undocumented Immigrants COVID-19

Coronavirus Update: California Announces Access to Disaster Relief Funds for Undocumented Immigrants

California’s Governor Gavin Newsom announced on April 15 that the State is granting undocumented immigrants access to the State’s $125 million disaster assistance program. Undocumented immigrants do not meet the criteria for state unemployment insurance or the stimulus checks the…
April 17, 2020
I am on an L-1 visa and my employment was terminated because of Corona virus/COVID-19. What are my options? Do I have to depart the U.S. right away? COVID-19

I am on an L-1 visa and my employment was terminated because of Corona virus/COVID-19. What are my options? Do I have to depart the U.S. right away?

Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees. If you are in the U.S. on an L-1 visa and you have been…
April 16, 2020
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I was selected in the H-1B lottery and I am currently in the U.S. on a J-1 trainee visa. Does Cap-Gap apply to J-1 visa? Can I stay in the U.S. until October 1? Can I Change Status? H-1B and E-3 VisaImmigration

I was selected in the H-1B lottery and I am currently in the U.S. on a J-1 trainee visa. Does Cap-Gap apply to J-1 visa? Can I stay in the U.S. until October 1? Can I Change Status?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. There are a limited number of H-1B petitions that USCIS can adjudicate every year (65,000 Regular Cap petitions and additional 20,000 U.S. Advanced…
April 16, 2020
Kelly R. LeGrand Weiner Moderates COVID-19 related Non-immigrant visa updates and strategies Question and Answer for Immigration Lawyers COVID-19News

Kelly R. LeGrand Weiner Moderates COVID-19 related Non-immigrant visa updates and strategies Question and Answer for Immigration Lawyers

Kelly R. LeGrand Weiner will moderate the Q&A for a Corporate Practice Committee event for AILA’s New York chapter as part of a panel with expert business immigration practitioners on COVID-19 related Non-immigrant visa updates and strategies.   This committee focuses…
April 16, 2020
My status is running out and I cannot leave because of Corona Virus. Can I file a Change of Status application in the U.S.? What are the Implications of filing this application? COVID-19

My status is running out and I cannot leave because of Corona Virus. Can I file a Change of Status application in the U.S.? What are the Implications of filing this application?

When you enter the U.S. on a visa, your I-94 date governs the amount of time that you are permitted to stay in the U.S.  Normally, when status is about to expire, there is an option to either extend status,…
April 15, 2020
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I want to apply for an E-1 visa but the trade is not substantial yet. Can I come to the U.S. on a B-1 visa, meet with potential U.S. clients and negotiate contracts? What activities can I do? E-1 VisaImmigration

I want to apply for an E-1 visa but the trade is not substantial yet. Can I come to the U.S. on a B-1 visa, meet with potential U.S. clients and negotiate contracts? What activities can I do?

If you want to apply for an E-1 visa, you will have to demonstrate that the trade is already in existence, the trade is between the U.S. and a treaty country, the trade is substantial, and more than 50% of…
April 15, 2020
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My H-1B registration was selected in the H-1B lottery. Is the company required to file the H-1B petition? What if the company does not file, are there any consequences? H-1B and E-3 VisaImmigration

My H-1B registration was selected in the H-1B lottery. Is the company required to file the H-1B petition? What if the company does not file, are there any consequences?

Covid-19 has changed the rules for travel, engagement and employment.  Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees. If your company filed an H-1B registration for a foreign national and…
April 15, 2020
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I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer? Do I have to pay for the employee’s flight? COVID-19

I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer? Do I have to pay for the employee’s flight?

Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees. If your company had to terminate employment of an H-1B employee, here is a…
April 14, 2020
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My employer is sponsoring me for a green card & I am concerned about being laid off or furloughed. If I get laid off or furloughed am I still eligible to get a green card? COVID-19

My employer is sponsoring me for a green card & I am concerned about being laid off or furloughed. If I get laid off or furloughed am I still eligible to get a green card?

Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees. What is the impact on my pending green card case if I have been…
April 14, 2020
Do I Need to Submit a Portfolio for the O-1 Visa Petition? How Can I Create a Portfolio for the Purposes of Filing an O-1 Visa Petition? How Can I Prepare a Strong Portfolio? Extraordinary AbilityImmigration

Do I Need to Submit a Portfolio for the O-1 Visa Petition? How Can I Create a Portfolio for the Purposes of Filing an O-1 Visa Petition? How Can I Prepare a Strong Portfolio?

The O-1 nonimmigrant visa is for individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally…
April 13, 2020
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My E-2 visa was denied and now my ESTA is no longer valid. How can I get a B-1 visa if my E-2 has been denied? I cannot travel on ESTA, how can I get a B visa? E-2 VisaImmigrationInvestor Visas

My E-2 visa was denied and now my ESTA is no longer valid. How can I get a B-1 visa if my E-2 has been denied? I cannot travel on ESTA, how can I get a B visa?

If you have a valid ESTA, you can use this to enter the U.S. to organize everything you need to apply for an E-2 visa.  You can find out more about the visa waiver program by clicking here.  While in…
April 13, 2020
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If my visa is denied and I have a valid ESTA, can I travel to the United States on ESTA? When do I have to Re-validate my ESTA? Questions & Answers

If my visa is denied and I have a valid ESTA, can I travel to the United States on ESTA? When do I have to Re-validate my ESTA?

The Visa Waiver Program (also called ESTA) allows people from about 38 countries to enter the U.S. using a simplified visa process.  You can find out more about the visa waiver program by clicking here. One question that often comes…
April 13, 2020
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Coronavirus Update: ICE Sued by Immigration Group for Release of High-Risk Individuals in Virginia COVID-19

Coronavirus Update: ICE Sued by Immigration Group for Release of High-Risk Individuals in Virginia

On Thursday, three immigration groups filed a lawsuit against Immigration and Citizenship Enforcement (ICE) on behalf of nine people being held in Virginia detention facilities. This is one of many lawsuits being filed around the country. The immigration groups are…
April 10, 2020
I am on an E-2 visa but cannot go back to my Consulate to Renew, what can I do? My E-2 visa is about to expire and Covid-19 is preventing me from going to my Consulate. COVID-19

I am on an E-2 visa but cannot go back to my Consulate to Renew, what can I do? My E-2 visa is about to expire and Covid-19 is preventing me from going to my Consulate.

Covid-19 has caused havoc in our daily lives and the immigration scenario is no different.  Unfortunately, the Government has not yet offered a blanket extension of visa or status termination dates and each applicant is left to sort out how…
April 10, 2020
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I am an artist and I want to apply for an O-1B visa. What does extraordinary ability in arts mean? What is the definition of “arts”? Extraordinary AbilityImmigration

I am an artist and I want to apply for an O-1B visa. What does extraordinary ability in arts mean? What is the definition of “arts”?

f you are an artist and you want to apply for an O-1B visa, you will have to demonstrate that: You have an extraordinary ability in the arts which has been demonstrated by national or international acclaim, and You are…
April 10, 2020
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