Your case filed last month will have a different result than the replica filed this month. How is that possible? Aren't there standards? In immigration law, today's slam dunk case can be an uphill battle tomorrow.
JQKLaw.com Blog
John Q Khosravi Law Firm
Saturday, August 13, 2022
H-1B Article Ryan Knight
Saturday, July 30, 2022
Issue 4, Gerri Marshall O-1B article
When planning to go to a concert like Elton John's farewell tour, the last thing you think can ruin your plans is his ability to get a U.S. visa. But it is a significant obstacle for many international musicians.
A professional musician cannot just enter the U.S. to work. Restrictive rules are in place to not allow foreign competition with U.S. workers. However, they created a visa category for those who work in the arts called the O-1.
The O-1 has stringent requirements that a legend like Elton John would pass with flying colors. However, this is not the case for less renowned musicians. Moreover, prior immigration violations, history of drug abuse, and other issues can stop visa issuance.
Finally, the nightmare Immigration Lawyers and their clients are facing now is the inability to get a visa appointment with the U.S. Consulate. No interview means your favorite singer may not be able to enter the U.S. for a scheduled concert this year! My colleague Gerri Dolores Marshall, Esq prepared an excellent overview for obtaining this visa category for musicians, singers, and performers in the Immigration Lawyers Toolbox® Magazine: https://issuu.com/immigrationlawyerstoolbox/docs/issue_4_combined/48
Sunday, July 17, 2022
DHS Org Chart
The Department of Homeland Security (DHS) organizational chart is wild! How they put these many vital yet disparate agencies under one umbrella and expect them to function properly is beyond me.
No wonder DHS ranks the lowest among large federal agencies for employee satisfaction and engagement
(https://www.gao.gov/products/gao-20-349t)
Monday, June 27, 2022
Opinion: Airline Pilot NIW
Getting a Green Card for being a regular Airline Pilot through the National Interest Waiver (EB-2c NIW) has been a controversial topic in U.S. Immigration for some time. Several Law Firms (and non-Law Firms) promise an easy Green Card option for Pilots based on the concept of a shortage of pilots in the U.S. They claim that the shortage and need for pilots illustrate the national importance of immigrating pilots into the U.S. (thus satisfying an essential requirement of the National Interest Waiver Green Card regulation).
My firm has not accepted these cases, but many law firms are getting calls from pilots that have seen advertisements for this immigration option. As such, it is essential to look into this matter to provide the public with all available legal options.
At issue is whether the work of a pilot is of National Significance, such that the U.S. will bypass typical immigration requirements to grant a Green Card.
I was able to find one Appeal made for a denied case on this topic to the Administrative Appeals Office (AAO). The focus of the final decision was on other issues in the case. But the AAO added critical statements at the end, questioning whether it is a work of "National Importance":
"...while the Petitioner may fly nationally or internationally, simply having a global route does not establish that the endeavor has a global impact."
"...how one pilot will improve a national shortage or will trigger substantial positive economic impacts has not been explained..."
Some of these pilot NIW cases may have been approved, and some pilots have unique skills that would qualify them for this Green Card. The attorney, in this case, may not have developed a good argument to overcome the government's objection. But I am still hesitant to file these cases barring some unique facts that would differentiate the Petitioner from a regular Airline Pilot.
Source: https://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2021/SEP142021_05B5203.pdf
Sunday, June 26, 2022
EB-1A For Business People - Toolbox Magazine
Many people think the EB-1A Extraordinary Ability Green Card is for Athletes, Artists, and even Scientists. However, the category is far broader and includes much more than. One job category that is included but missed by many is successful Business People. The key is to prepare the case properly. My colleague Lena Nevsky, Esq. contributed a great article with practical pointers on submitting these petitions to the Immigration Lawyers Toolbox® Magazine.
https://issuu.com/immigrationlawyerstoolbox/docs/issue_4_combined/42
Monday, June 20, 2022
Why should you apply for a Marriage Visa (CR-1) rather than a Fiancé Visa (K-1)? Here are the top 3 reasons:
Why should you apply for a Marriage Visa (CR-1) rather than a Fiancé Visa (K-1)? Here are the top 3 reasons:
Tuesday, June 14, 2022
Toolbox Magazine 4: Disna Weerasinghe and I-140 Ability to Pay
Getting your Green Card through most work-based applications requires an employer that will hire you. In addition to many other requirements, the employer has to show that they can afford to pay the salary required by the Department of Labor.