Employment-Based Nonimmigrants Tutorial Videos
Responding to RFEs When External Circumstances Make Them Impossible to Fulfill
This video discusses when emergency circumstances outside your control, like the covid-19 pandemic, make it impossible to fulfill an RFE and what should you do.
LCA Requirements for H-1B Employees Working Remotely
What needs to be done to meet the requirements of the Labor Certification Application for H-1B beneficiaries who work remotely?
J-1s in the Time of the COVID-19 Pandemic
This video discusses the current restrictions on the J-1 program during the COVID-19 pandemic.
Replying to an H-1B RFE on Specialty Occupation Challenges (4): Duties Are Specialized and Complex
This video will cover how to reply to an H-1B RFE that claims the job is not a specialty occupation on the basis that it does not fulfill the requirement of subsection (4) “The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.”
Replying to an H-1B RFE on Specialty Occupation Challenges (3): Employer Normally Requires a Degree
This video will cover how to reply to an H-1B RFE that claims the job is not a specialty occupation on the basis that it does not fulfill the requirement of subsection (3) “The employer normally requires a degree or its equivalent for the position.”
Replying to an H-1B RFE on Specialty Occupation Challenges (2): Degree Is Common in the Industry
This video will cover how to reply to an H-1B RFE that claims the job is not a specialty occupation on the basis that it does not fulfill the requirement of subsection (2) “The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree.”
How to File a Mandamus Action
Have a long-delayed immigration matter? This video will explain the basics of filing a mandamus action in federal court.
Defining Functional Manager and How to Prove It in the L-1A/EB-1 Context
What is a functional manager and how can you prove it in the L-1A/EB-1 context? This video gives an overview of the definition of functional manager, its requirements, and how to prove the beneficiary will be working as a functional manager.
Defining Managerial Capacity and How to Prove It in the L-1A/EB-1 Context
In the L-1A/EB-1 context, an employer must categorize their beneficiary as either an executive or a manager. This video gives an overview of the definition of managerial capacity, its requirements, and how to prove the beneficiary is functioning in a managerial capacity.
Defining Executive Capacity and How to Prove It in the L-1A/EB-1 Context
In the L-1A/EB-1 context, an employer must categorize their beneficiary as either an executive or a manager. This video gives an overview of the definition of executive capacity, its requirements, and how to prove the beneficiary is functioning in an executive capacity.
When Can the 212(d)(3) Waiver Be Used?
This video will explore in what circumstances the 212(d)(3) waiver can be used
H-1B Entry Level Specialty Occupation
Entry-level workers applying for H-1B may be subject to greater scrutiny if they have a level-one wage. Learn to develop arguments such as the entry level duties rely on the skills from the B.A. degree and/or that the duties of the position can be complex and specialized even for an entry level position to help clients overcome this challenge.
L-1A Filing (USCIS vs. CBP)
Documents and forms that need to go with this filing in a basic case, what color to print each part, where to file, who else to serve.
Showing a “Qualifying Relationship” for the L-1 Visa
Corporate documentation that may be used to show that entities (the entity at which an individual work/worked abroad and the entity to which the individual is being transferred in the U.S.) possess the appropriate qualifying relationship (parent, subsidiary, affiliates, branch offices, joint venture).
L-1B Filing
Suggestions and examples of what to include, common items USCIS will expect, what not to include.
Stateside L-1 Petition vs. Blanket L-1 Petition
The procedural differences and documentation differences between obtaining an L-1 approval through USCIS versus through the Consulate with a Blanket petition.
Demonstrating "Specialized Knowledge" for an L-1B Filing
Suggestions and examples of what to include, common items USCIS will expect, and what not to include.
Best Practices for Checks Payable to USCIS
How to submit a check to USCIS and make sure it has been received.
H-1B End Client/Third-Party Worksite Evidence
When an H-1B beneficiary works at a third-party worksite, what evidence is needed to establish the employer-employee relationship between the petitioner and beneficiary?
Supplement J: What It Is and How to Complete It
Completing I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j).
Demonstrating "Specialty Occupation"
How to show that a position is a “specialty occupation."