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คำที่ใช้ค้นหา:  移民  |  ผล  3   เรื่อง   |  เวลาค้นหา:  0.024495 วินาที 

    • ประชาสัมพันธ์ / บริการเฉพาะด้าน
    • 2025/03/12 (Wed)

    Be Prepared for a Big Change in FY 2026 H-1B by Roger Algase, Attorney at Law

    On January 17, 2025, President Biden’s last full workday in office, his administration published changes in the H-1B visa program which could have important consequences for this year’s H-1B lottery winner applicants. The most important of these changes was adding the words “directly related” to the definition of what qualifies as an H-1B job. The addition of these two words may make it much harder than before to get H-1B petitions approved.

    Specifically, the new regulation defines an H-1B “specialty occupation”as one requiring:

    “Attainment of a bachelor or higher degree in a directly related specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. (Bold added.)

    The addition of the term “directly related” to the definition of a specialty occupation comes after years of battling between USCIS and the federal courts over the meaning of the term “specialty occupation” for H-1B purposes. This dispute arose over USCIS’s use of a US Department of Labor publication known as the Occupational Outlook Handbook (OOH) as a guide for determining whether any given position qualifies as an H-1B specialty occupation. USCIS relies on this publication even though the Handbook itself contains a disclaimer clearly stating that it should never be used for any legal purposes.

    The OOH lists the education, or degrees, that employers “typically”, or “normally” require for hundreds of different jobs. The USCIS H-1B examiner looks at this list to decide if the degree or degrees listed for an H-1B offered job are “specific” or “general” in nature. For example, a degree in “Systems and Information Technology” which is currently listed as the normal requirement for a Computer Systems Analyst, is considered to be a “specific” degree, and the above job will therefore qualify as an H-1B specialty occupation. However, if the OOH lists a degree in “business” as a normal requirement for a given job, H-1B will likely be denied, because a degree in business is considered to be too “general” for H-1B approval.

    Making an arbitrary distinction between “specific” and “general” degrees has led to many unfair H-1B denials, some of which have been overturned by the federal courts. For example, in 2021, in response to a class action by a number of employers claiming that USCIS was wrongfully denying H-1B petitions involving the position of Market Research Analyst, USCIS entered into a settlement agreement promising to recognize that position as a specialty occupation. See Madkudu Inc..et.al.v. USCIS. et.al.

    In that case, the main reason for USCIS denial was that the OOH had issued a long list of degrees which were held to be normal requirements for that position, and some of the listed degrees were considered by USCIS to be “general” in nature rather than “specific”. By changing the H-1B regulations to add “directly related” to “specific” as a requirement for H-1B approval, USCIS appears to be attempting to make the requirements for this visa narrower and more difficult to comply with than previously.

    This provides more reason than ever before to ask the assistance of a skilled, experienced H-1B immigration lawyer. Roger Algase, Attorney at Law, a Harvard Law School graduate, has over 30 years’ experience helping skilled professionals obtain H-1B approvals.
    He is strongly committed to advocating for and receiving fair and just visa decisions on behalf of his clients. He or his Japanese-speaking assistant can be reached by phone at (212) 724-5643 or by email at algaselex@gmail.com

    ビザ移民
    • ประชาสัมพันธ์ / บริการเฉพาะด้าน
    • 2025/03/25 (Tue)

    How to protect your rights as a non-US citizen in Donald Trump’s America By Roger Algase, Attorney at Law

    I am sure that most, if not all people reading this article have been hearing about the horrible treatment that the Trump administration has given to certain foreign citizens who were in the US or who tried to enter the US with valid visas. Hundreds of Venezuelans have been rounded up and shipped off to a terrible prison in El Salvador without being charged with, let alone convicted of, any crime. A Columbia University student with a green card was arrested and locked up by ICE (Immigration and Customs Enforcement) for participating in a demonstration for Palestinian rights.

    A Canadian woman was locked up in ICE detention under horrible conditions because of a misunderstanding about the scope of her US visa. The list goes on and on. And this is not to mention the millions of undocumented immigrants who are now at risk of being
    picked up by ICE at work, while walking in the street, or even at church, schools, hospitals, or in their own homes.

    What can you do as a legitimate visa or green card holder to protect yourself against these abuses? First and foremost, you should carry documents or copies of documents showing proof of your legal status in the US at all times. These include your green card if you are a lawful permanent resident, or your approval notice with I-94 if you are here with a temporary work or visitor visa.

    Second, if you have sent or posted any social media comments critical of the Trump administration in any way, be sure to delete them from your phone, especially if you are reentering the US after a foreign trip. Third, especially if you are undocumented, be sure to make arrangements with friends or family members to take care of your children and/or property if you are swept up in an ICE raid and don’t return home. Most important of all, get in touch by any means available with an experienced immigration lawyer who can stand up for your rights.

    Roger Algase, Attorney at Law is a graduate of Harvard College and Harvard Law School with more than 40 years of experience standing up for immigrants’ human rights. His phone number is (212) 724-5643 and his email is algaselex@gmail.com
    Phone or email consultation is available.

    • ประชาสัมพันธ์ / บริการเฉพาะด้าน
    • 2025/03/03 (Mon)

    O-1B visa success - how to achieve it by Roger Algase, Attorney at Law

    This article will discuss one of the most important of the skilled and professional work visas: the O-1B "artist" extraordinary ability visa. For O-1B visa purposes, "artist" includes a broad range of people, ranging from visual artists, writers and musicians to fashion and graphic designers and performers. There are six requirements in the O-1B regulations to qualify for this visa. It is necessary to show that the O-1B candidate meets at least three of these requirements.

    I will discuss the three most commonly used requirements that O-1B visa candidates rely on to qualify. These three requirements are as follows:

    1) The O-1B candidate has worked or performed in lead or starring roles for distinguished organizations and will continue do so while working in O-1B status.
    2) The O-1B candidate has performed at or had work shown at distinguished venues as evidenced by articles in major newspapers or publications.
    3) Testimonial or recommendation letters about the O-1B candidate by recognized experts in the field.

    While in theory, all three (or six) of the O-1B requirements are given equal weight, many USCIS examiners tend to make decisions and issue Requests for Evidence ("RFE's) or denial notices based on their view as to whether the O-1 candidate has met the first of the above listed requirements.

    Suppose, for example, that you are seeking O-1B approval as a dancer, and that your resume shows a long list of dance performances. However, your performances may not count toward your O-1B approval unless you can show that a) you performed in a lead or starring role, b) that the dance company you were performing for had a "distinguished" reputation and c) that in O-1B status, you will continue to perform in such as role for a company with such a reputation.

    In a sense, the battle for O-1B visa approval often depends on the reputation of the companies or organizations that the O-1B candidate has worked for, and will work for in O=1B status, rather than on just her or his own talents and accomplishments.

    With regard to the second standard listed above for O-1B extraordinary ability, no matter how impressive an article may have appeared about the person in a "major" newspaper or online publication, a typical O-1B examiner will only check the publication's circulation figures without taking into account any other evidence of distinction.

    With regard to the third major requirement for O-1B approval, namely expert recommendation letters, their effectiveness depends in large part on the details of their description of the O-1B candidate's accomplishments and what makes her or him superior to others in the same field. Merely having a large volume of recommendation letters saying that the O-1 candidate is "superior". "one of the best" or "a good team player" will not normally carry much weight with an O-1B examiner.

    Now let us assume that you have been successful with your O-1B petition and that it has been approved. How often can you renew your O-1B status, and for how long? Does applying for a green card disqualify you from renewing or extending your O-1B after its expiration date?

    The answer is that there is no limit to the number of times you can renew O-1B as long as you are continuing to work in an O-1B capacity. O-1B renewals can be for either one to three years, depending on the circumstances.

    And yes, you can continue to renew your O-1B visa status indefinitely even while applying for a green card. USCIS has issued clear guidance confirming this point. Finally as a cautionary point, it is a very wise idea to ask for assistance from an experienced and highly qualified O-1B artist visa lawyer in preparing and filing your case. O-1B artist visas, like virtually all other visas, are full of technicalities which must be dealt with for a successful result.

    Roger Algase is a New York based Harvard Law School graduate immigration lawyer who has been successfully representing applicants fmm various aspects of the arts with O-1B visas for more than 25 years. He represents visa clients from every part of the US as well as overseas. He is strongly committed to advocating for and receiving fair and just visa decisions on behalf of his clients. He or his Japanese-speaking assistant can be reached by phone at (212) 724-5643 or by email at algaselex@gmail.com