Immigration Blog

Breaking News: Up-Front H-1B Visa Cap Selection Process Proposed

Proposed changes would affect H-1B visa cap selection process

The Department of Homeland Security (“DHS”) released its regulatory agenda in December, and it contains changes that will affect H-1B visas. The two most significant changes are a proposed pre-registration for H-1B visa cap selection process, known as the H-1B lottery, and a revision of the definitions of specialty occupation and employer-employee relationship.

The pre-registration process has been proposed in the past, and ultimately it did not succeed. Remember, these changes are merely proposed at this point until they are officially released in the Federal Register, but is still contingent on the notice and comment period.

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing immigration benefits including H-1B visa petition filings. If you need assistance with an H-1B visa, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

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H1B News: Preparing for H1B Cap Season in Post-Trump World

In recent days, the H1B news has been extremely pessimistic. The new administration’s memos and executive orders issued in 2017 have increased scrutiny and rigid enforcement of the H1B program. Fortunately, there are practical steps that can be taken to better navigate the H1B visa program in an immigration environment wrought with uncertainty.

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H1B News – Prepare Early for H1B Cap Season

This article provides guidance on how to best prepare for the upcoming H-1B cap season. It also provides a timeline so you can properly plan ahead. This article also sets forth current guidance on how to obtain an approved H-1B visa for computer-related occupations and how to deal with Level I wages.

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing immigration benefits including H-1B visa petition filings. If you need assistance with an H-1B visa, or need advise on current H1B news, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

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K-1 Fiance Visa or K-3 Visa | Ohio Immigration Lawyer

The K visa is a “hybrid” visa because it is a temporary visa that provides a path to a green card.  The K category includes the K-1 visa, which is for a fiance of a U.S. citizen and his or her children under 21 years of age. The K category also includes the K-3 visa, which is for a spouse of a U.S. citizen and his or her unmarried children under 21 years of age. Once you obtain a K visa, you can come to the U.S. and apply for a green card.

The K-1 Visa: The Fiance Visa

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Representing new families with K visa assistance either through K-1 visa or K-3 spousal visa.

The K-1 visa allows you to petition for your fiance residing abroad to come to the U.S. to get married.  To take advantage of the K-1 visa, you must be a U.S. citizen. The K-1 visa requires you to have met your fiance personally within two years prior to filing for the K-1 visa.  This requirement is very important and will make or break your application’s success.  Both you and your fiance must be free to marry.  If you have previously been married, you must provide proof that all previous marriages have been terminated. Thus, you will need copies of divorce decrees to show you are free to marry.  Again, this is important because it is against the law in the U.S. to married to two people at once (this is called bigamy). Your fiance’s dependents, such as minor children, may join your fiance on a K-2 visa.  Once in the U.S. your fiance may work by applying for a work permit with USCIS.

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How to obtain a green card after getting married to a US citizen?

Green Card after Getting Married to a US Citizen

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Legal Guidance on Getting Married to a US Citizen and Obtaining a Green Card

To promote family unity, U.S. immigration law allows a U.S. citizen to petition for his or her spouse to come and live permanently in the United States. If you recently got married to a U.S. citizen, or are considering getting married to a US citizen, there are many issues to consider before applying for your green card.

This article contains some frequently asked questions for you to review before taking that very important step in applying for your green card.

Start a green card application today! Contact immigration lawyer Matthew Porter to discuss how to get a green card after getting married to a US citizen.

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Fiance K1 Visa Process Explained

Apply to bring your fiance to live with you in the U.S. under K1 visa process.

The K1 visa process is a five-step process that allows the fiance of a U.S. citizen to permanently relocate to the U.S.

This article provides a summary of each step of the K1 visa process. It is very important that the evidence submitted with a K1 fiance visa petition is accurate and reliable. Our law firm will provide you with a list of required evidence and will work with you to ensure it is the best possible evidence.

The K-1 visa lawyer at Porter Law Office, LLC has in depth experience with the K1 visa process and is available to answer all of your fiance visa questions.

Contact Porter Law Office, LLC to begin the process of bringing your fiance to the United States under the K1 visa process.

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Marrying a U.S. Citizen after Overstaying Visa

You may be eligible for a green card if you entered the U.S. legally and married a U.S. citizen in good faith even if you overstayed a visa and accrued unlawful presence in the U.S. How?

If you have married a U.S. citizen, and are otherwise eligible, you may be able to obtain a green card even though you overstayed your visa or worked without authorization. People often ask, “Do I need a waiver to stay in the United States after marrying a U.S. citizen even if I have overstayed my visa?” or “What if I my visa expired or I worked without authorization and I’m married to a U.S. citizen? Can I obtain a green card?” These questions focus on the issue of how to obtain lawful permanent residency (a green card) in the United States when there has been unlawful presence or unauthorized work.

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Visa Bulletin October 2017

The Employment-Based, Second Preference (“EB-2”) Classification is current for many green card applicants under the October 2017 Visa Bulletin.

The U.S. Department of State (“DOS”) publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date. The EB-2 category for many countries is current. The EB-2 category includes professionals holding advanced degrees, or persons of exceptional ability in the arts, sciences, or business or National Interest Waiver applicants.

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Are you eligible for a national interest waiver (“NIW”) green card?

New legal framework regarding National Interest Waiver (“NIW”) adjudication by USCIS makes it easier for individuals to obtain green card through the NIW process.

Are you considering filing for a green card based on your employment in the United States? Does the PERM process seem to complex or overly burdensome? If you have an advanced U.S. degree, and you are doing important work in the U.S., you may want to consider the national interest waiver. The USCIS administrative appeals office recently made it easier to qualify for a waiver of the labor certification (PERM) by clarifying the requirements for the national interest waiver (EB-2) green card.

Porter Law Office, LLC has experience with preparing and filing national interest waiver petitions. We are a boutique immigration law firm that guides employers and employees in Columbus, Ohio and throughout the United States through the complicated procedures involved in employment based immigration. Contact Columbus, Ohio green card lawyer at Porter Law Office, LLC to discuss your national interest waiver case.

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Starting July 24, 2017, USCIS will resume H-1B premium processing for cap-exempt petitions

U.S. Citizenship and Immigration Service (“USCIS”) announced on July 24, 2017 that it will resume H-1B premium processing for cap-exempt petitions. To qualify, the petitioner must be (1) an institution of higher education; (2) a nonprofit related to or affiliated with such institution; or (3) a nonprofit research or governmental research organization. H-1B premium processing will also resume for petitions filed for beneficiaries employed at a qualifying cap-exempt institution, organization, or entity.

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