Newark Business Immigration Attorneys 

3. Can a denied visa application be appealed?
Yes, in many cases, a denied visa application can be appealed or refiled. If your visa application is denied, you will typically receive a Notice of Denial, which will outline the reasons for the decision. Depending on the type of visa and the nature of the denial, you may be able to request a review or appeal the decision. For example, if your H-1B visa application is denied, you may be able to file a motion to reopen or reconsider the decision. In some cases, applicants may also have the option to submit a new application or petition with additional evidence to address the issues raised in the denial. It's important to consult with an experienced immigration attorney to determine the best course of action and whether an appeal is feasible.

4. What is the process for obtaining an EB-5 investor visa?
The EB-5 visa program provides a pathway to permanent residency (a green card) for foreign investors who are willing to invest a significant amount of capital into a U.S. business that will create or preserve at least 10 full-time jobs for U.S. workers. To obtain an EB-5 visa, an investor must make an investment of $1 million (or $500,000 if investing in a targeted employment area). The process includes filing Form I-526, which demonstrates the investor's eligibility and investment. After approval of the I-526 petition, the investor and their family members can apply for a green card. It’s important to note that the EB-5 program has specific requirements related to the business investment, job creation, and source of funds, and the process can be complex and lengthy.

5. What is the difference between an L-1A and L-1B visa?
Both L-1A and L-1B visas are designed for intracompany transferees, but they differ in terms of the roles the employee will fill. The L-1A visa is for executives or managers being transferred to a U.S. branch of the company. It allows a temporary stay of up to 7 years. On the other hand, the L-1B visa is for employees with specialized knowledge who are transferring to the U.S. branch. The L-1B visa allows for a stay of up to 5 years. Both visa types require the employee to have worked for the company abroad for at least one continuous year within the last three years prior to the transfer.

6. How can I ensure my business is compliant with I-9 and E-Verify requirements?
To ensure compliance with I-9 and E-Verify requirements, employers should implement a few key best practices. First, make sure all employees complete the I-9 form at the time of hire, verifying their identity and employment eligibility. Employers should review the I-9 form carefully to ensure it is completed accurately and retain it for the required retention period. Second, consider using E-Verify, an online system that helps employers confirm the eligibility of their employees to work in the U.S. Although participation in E-Verify is voluntary for most employers, it is mandatory for federal contractors. Regular audits and training for HR personnel can help ensure compliance and minimize the risk of errors or violations.

7. Can a foreign worker on an H-1B visa change employers?
Yes, a foreign worker on an H-1B visa can change employers, but the new employer must file a new H-1B petition on the worker’s behalf. The worker can begin working for the new employer as soon as the new petition is filed, but the petition must be approved by USCIS before the worker can continue working long term. It’s important to ensure there are no gaps in employment and that the change of employer process is handled properly to avoid any legal issues.

8. How can I apply for an O-1 visa for an individual with extraordinary ability?
The O-1 visa is a nonimmigrant visa for individuals who possess extraordinary ability in fields such as science, arts, education, business, or athletics. To apply, the individual must demonstrate that they have achieved a level of expertise recognized in their field through awards, publications, or other significant accomplishments. The application involves filing Form I-129 with USCIS, along with extensive documentation supporting the claim of extraordinary ability. This visa is typically used for temporary stays, but it can be extended for an unlimited number of one-year periods as long as the individual continues to work in their field.

9. What is the process for sponsoring a foreign worker on an H-2B visa?
The H-2B visa is for temporary non-agricultural workers coming to the U.S. for seasonal or intermittent employment. The process involves filing a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) and obtaining approval. Once the LCA is approved, the employer can submit a petition to USCIS to sponsor the foreign worker. Employers must prove that there are insufficient U.S. workers who are able, willing, qualified, and available to perform the work. The H-2B visa is typically valid for up to one year, but can be extended in certain circumstances.

Call Murray Osorio PLLC today at (862) 465-9035 or contact us online to schedule a consultation with our business immigration lawyer in Newark.