New York City Immigration Lawyer. NYC immigration lawyer assisting with K-1 fiancee visas, EB 1-A Extraordinary Abilities Visa, EB 1-2 Outstanding Researchers and Professors Visa, and all other visas, green cards, naturalization and citizenship. Gafner Law Firm is a full service NYC immigration law firm serving clients in Manhattan, Staten Island, Brookyln, the Bronx, Queens, Nassau County, Suffolk County, Westchester County, Yonkers, Astoria, Greenpoint, Murray Hill, Bushwick, Park Slope, Bay Ridge, Brighton Beach, Brownsville, Corona, Harlem, SoHo, Tribeca, Longwood, Hunts Point, Flatbush, Brooklyn Heights, Wall Street, Jersey City and from throughout the world. » O-1 Visa http://www.gafnervisalaw.com A NYC Immigration Lawyer Providing Immigration and Naturalization Advice to Clients from throughout the World. Mon, 06 Feb 2012 14:27:20 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Alternatives To H-1B Visa http://www.gafnervisalaw.com/2011/02/22/alternatives-to-h-1b-visa/ http://www.gafnervisalaw.com/2011/02/22/alternatives-to-h-1b-visa/#comments Tue, 22 Feb 2011 11:05:45 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2841 Now that the H-1B Visa cap has been met, potential employees and employers must find another means of obtaining work authorization.  The following is a list of potential options, however it is not exhaustive.  If you are in need of an alternative immigration visa, please contact an immigration lawyer to discuss your options further.

Option [...]]]> Now that the H-1B Visa cap has been met, potential employees and employers must find another means of obtaining work authorization.  The following is a list of potential options, however it is not exhaustive.  If you are in need of an alternative immigration visa, please contact an immigration lawyer to discuss your options further.

Option 1.  Are You Sure Your Potential Employer Is Not Cap Exempt?
The H-1B visa cap does not apply to all companies and institutions.  Many employers are cap exempt, including institutions of higher education, nonprofit entities connected to a higher education institution, and  nonprofit or government research organizations.

Option 2.  Are you O-1 Visa Eligible?
If you have extraordinary abilities in your field of endeavor, you may qualify for the O-1 visa.  If you qualify, you will not need to obtain an H-1B visa.  However, not all employees will qualify for the O-1 Visa and a careful analysis should be done before applying for an O-1 visa.

Option 3.  L-1 Visa for Intracompany Transferees
If you have worked overseas for the company (or an affiliate of the company) that you plan to work for in the United States, then you may be able to qualify for the L-1 visa. With a the L-1 Visa, you do not need to obtain an H-1B visa.

Option 4. E-2 Treaty Investor or EB-5 Investor
You may qualify for a visa if you are starting your own company (or are investing in another company) and you meet the general requirements for the investor visas.  The EB-5 Investor Visa requires an investment of at least $500,000.  The E-2 treaty investor visa does not require such a high investment, but also requires the investor to come from certain countries.

Option5.  Wait.
The best option for many individuals may be to wait.  H-1B visa applications will be accepted again on April 1, 2011.   If you wait until then, you will not be able to begin working until October 1, 2011.

If you are need of an H-1B visa alternative, please contact an immigration lawyer to ensure you know all of your options.

]]> http://www.gafnervisalaw.com/2011/02/22/alternatives-to-h-1b-visa/feed/ 0 Immigration Form I-129 Now Requires Answer To Export Control Question http://www.gafnervisalaw.com/2011/02/21/immigration-form-i129-requires-answer-export-control-question/ http://www.gafnervisalaw.com/2011/02/21/immigration-form-i129-requires-answer-export-control-question/#comments Mon, 21 Feb 2011 10:48:01 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2838 Late last year, the USCIS introduced a new I-129 form for employers who seek to hire noncitizen workers.  Among the changes in the form was a required certification that employers were required to make concerning compliance with the U.S. export control laws.   Soon after announcing the new export control certification, the immigration agency yielded to [...]]]> Late last year, the USCIS introduced a new I-129 form for employers who seek to hire noncitizen workers.  Among the changes in the form was a required certification that employers were required to make concerning compliance with the U.S. export control laws.   Soon after announcing the new export control certification, the immigration agency yielded to the requests of many business owners who required more time to ensure that they complied with the export control laws.  The immigration agency delayed requiring companies to sign the export control certification until February 20, 2011.

Now, it is required that all I-129 form petitioners certify that the employment of the noncitizen will not violate export control law.

The I-129 form is required to be completed when an employer seeks to hire a worker requiring a H-1B, L-1 or O-1 visa.  It is possible for an employer to violate the export control law by providing a noncitizen with access to knowledge that is sensitive to the United States’ interests.  If you are seeking to employ a noncitizen worker and need to complete an I-129 form, please contact an immigration attorney to ensure your company’s compliance with export control laws.

]]> http://www.gafnervisalaw.com/2011/02/21/immigration-form-i129-requires-answer-export-control-question/feed/ 0 USCIS Delays Implementation of Export Control Questions on I-129 http://www.gafnervisalaw.com/2010/12/28/uscis-export-control-questions-i-129/ http://www.gafnervisalaw.com/2010/12/28/uscis-export-control-questions-i-129/#comments Tue, 28 Dec 2010 11:54:16 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2663 The USCIS has delayed its implementation of section 6 of the new I-129 immigration form for temporary workers in the United States.  The new form version was made mandatory for any petition submitted after December 23, 2010.  However, due to concerns about the ability of companies to set up internal controls for answering the questions [...]]]> The USCIS has delayed its implementation of section 6 of the new I-129 immigration form for temporary workers in the United States.  The new form version was made mandatory for any petition submitted after December 23, 2010.  However, due to concerns about the ability of companies to set up internal controls for answering the questions in section 6.

Section 6 of the I-129 form includes assertions concerning a petitioner’s adherence with export control laws.

The delay will end on February 20, 2011.

]]> http://www.gafnervisalaw.com/2010/12/28/uscis-export-control-questions-i-129/feed/ 0 USCIS to Release New I-129 Form For Nonimmigrant Workers http://www.gafnervisalaw.com/2010/11/15/uscis-to-release-new-i-129-form-for-nonimmigrant-workers/ http://www.gafnervisalaw.com/2010/11/15/uscis-to-release-new-i-129-form-for-nonimmigrant-workers/#comments Mon, 15 Nov 2010 10:30:01 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2530 The USCIS has announced that it will release a new I-129 form on November 23, 2010.   The new form will go into effect the same day that the USCIS plans to raise its application fees.

The I-129 form is used by multiple types of nonimmigrant workers, including H-1B workers, L-1 workers, and O-1 nonimmigrants.

[...]]]> The USCIS has announced that it will release a new I-129 form on November 23, 2010.   The new form will go into effect the same day that the USCIS plans to raise its application fees.

The I-129 form is used by multiple types of nonimmigrant workers, including H-1B workers, L-1 workers, and O-1 nonimmigrants.

]]> http://www.gafnervisalaw.com/2010/11/15/uscis-to-release-new-i-129-form-for-nonimmigrant-workers/feed/ 0 Hollywood Seeks Consistency From USCIS on O Visas http://www.gafnervisalaw.com/2010/09/01/hollywood-seeks-consistency-from-uscis-on-o-visas/ http://www.gafnervisalaw.com/2010/09/01/hollywood-seeks-consistency-from-uscis-on-o-visas/#comments Wed, 01 Sep 2010 10:44:51 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=2302 Hollywood is getting annoyed with USCIS.  In the last few years, the entertainment industry has noticed increasingly harsh standards being applied to its employees who are seeking to obtain O-1 visas and P visas.  The annoyance has reached such a level that the Director of USCIS has agreed to look into the adjudication of these [...]]]> Hollywood is getting annoyed with USCIS.  In the last few years, the entertainment industry has noticed increasingly harsh standards being applied to its employees who are seeking to obtain O-1 visas and P visas.  The annoyance has reached such a level that the Director of USCIS has agreed to look into the adjudication of these two visas that are used by artists and researchers.

In a related story, one entertainment personality is reportedly having difficulty getting proper immigration status to take over for CNN’s Larry King.

]]> http://www.gafnervisalaw.com/2010/09/01/hollywood-seeks-consistency-from-uscis-on-o-visas/feed/ 0 New USCIS Memo on O and P Visa Requirements http://www.gafnervisalaw.com/2009/12/02/new-uscis-memo-on-o-and-p-visa-requirements/ http://www.gafnervisalaw.com/2009/12/02/new-uscis-memo-on-o-and-p-visa-requirements/#comments Wed, 02 Dec 2009 12:37:57 +0000 Chris Gafner http://www.gafnervisalaw.com/?p=1407 The USCIS has recently announced that there are new guidelines and procedures for agents and sponsors of the O and P visa.  The O-1 visa allows for foreign nationals with extraordinary abilities in the arts, sciences, arts, business, athletics or in the motion picture and television industry to enter and work in the United States.  [...]]]> The USCIS has recently announced that there are new guidelines and procedures for agents and sponsors of the O and P visa.  The O-1 visa allows for foreign nationals with extraordinary abilities in the arts, sciences, arts, business, athletics or in the motion picture and television industry to enter and work in the United States.  The P-1 visa is available to certain athletes and entertainers and allows them to live and work in the United States.

The new USCIS procedures concern agents and sponsors of visa beneficiaries who enter the United States and work for multiple employers.

]]> http://www.gafnervisalaw.com/2009/12/02/new-uscis-memo-on-o-and-p-visa-requirements/feed/ 1