Attorney Seth Finberg

Most people already know you cannot legally work in the U.S. without employment authorization.  Not all visas allow for the ability to work.   After your U.S. Consulate Interview, the officer will usually tell you or often outright warn you not to work while on a B-1/B-2 (visitor visa) or F-1 (student visa).   If this is the case, why …

I get asked this question a lot.  I’ll be honest. Neither candidate in my opinion did a great job of addressing immigration so far.  It is obviously a very challenging issue to discuss.  If I were to guess, more of the U.S. likely feels that the Biden-Harris Administration has done a poor job at securing the Southern Border.   At …

As a U.S. immigration attorney, some types of cases are resolved relatively quickly while others can take years if not decades to complete.   How do you account for a client whose matter might not be fully finished until 20 years from now?     How do you keep accurate records, case management, communication?   What do you do if …

Many folks know about the F-1.   The F-1 is the most common student visa to study in the United States as an international student.  However, there are other options to study in the States.   M-1 visas can be used to study a short term program such as a certificate or training program at a technical school or college.  …

I’m an engineer from India currently working in the United States on an H-1B visa. I am in the process of applying for an EB-1A green card and have a few questions regarding reference letters from my current employer. 1)      Is it necessary to get a reference letter from my current employer for my American green card/visa application? …

Before I practiced immigration law, I was a criminal defense attorney. My practice represented retained defense clients, and I served as a de facto public defender in Gwinnett County, Georgia. At the time, two of Georgia’s largest counties, Cobb and Gwinnett (both in Metro Atlanta), did not have their own Public Defenders Offices.  “Private defense attorneys would apply to take on cases …

By Immigration Attorney Seth Finberg Most immigration attorneys would likely immediately discount the possibility of such a case. However, top attorneys thrive on our creativity and “outside the box” thinking with atypical clients. We always love a challenge. I would at least entertain the consultation and then see what can be done. Sometimes a complicated or less obvious case may …

By U.S. Immigration Attorney Seth Finberg Social media is a good and bad thing, right? We try to watch how much time we spend on various platforms and limit screen time for our kids. However, not all social media is bad or inherently dangerous. LinkedIn is a professional platform that provides business networking opportunities and helpful information. Additionally, short-form video …

Who wants to play Immigration Chess♛♜?  Your move! I always like the E-4 opening with an F-1 visa (pawn)♟or start more aggressively with a H-1B visa (Knight) ♞ to F-3. Thoughts? With chess you can only move a pawn or a knight to begin, so you would have to start with an F-1 student or an H-1B specialty occupation visa …

“Raj is his name and stars are his game”. Many of you might recognize Dr. Rajesh “Raj” Koothrappali as a fictional character from the popular show The Big Bang Theory. I decided to use a fun and creative way to explain what immigration options might have been available for this extraordinary astrophysicist. His hypothetical immigration story is not all that …

You may have heard the term “H-1B visa” or “H-1B”. The H-1B program aims to address the shortage of specialized skills within the domestic workforce. It is specifically designed for employers looking for individuals with expertise in fields that require high levels of specialized knowledge, usually requiring at least a bachelor’s degree or equivalent qualifications. The intention is to provide …

Yes. Having to leave your job or even losing your job while on an H-1B Visa is not necessarily the end of the world!! You will need to be able to secure new employment within the 60-day grace period, and then, your new employer will be able to file a petition for an H-1B Transfer. However, I want to stress …

We hear all the time that the U.S. Immigration System is “broken” or certainly needs reform.  What can be done?  While I am not a politician or a policy maker, I have worked in the immigration legal field for a while and I think I know a few things.  What really needs to be tackled first is immigration that benefits …

1. When can we expect the commencement of visa stamping within the United States? In 2004, the U.S Department of State halted the renewal of U.S visa stamps due to heightened border restrictions following the events of 9/11. Initially, the U.S visa stamping process was established to provide a convenient option for applicants who couldn’t re-enter the United States without …

Indian Nationals seeking U.S. Green Cards under the 1st Employment Based Preference or EB-1 category received a rude awakening from the recently published August 2023 Visa Bulletin. Unexpectedly and almost overnight, the wait time for green cards has increased exponentially by over ten years. Until December of last year (2022) the visa bulletin for EB-1s from India was current.  This …

As an international student pursuing your studies in the US on an F-1 visa, Curricular Practical Training (CPT) can be a fantastic way to get immediate work experience in your field and even earn a paycheck. CPT is a job training program run through your international student’s office that allows students to participate in off-campus employment, internships, or other types …

AI and Chat GPT are all the rage right now. It is all the kids are talking about. So I figured, why not write an article exploring how AI technology could potentially be used in the practice of law. After all, the goal of my practice is to help as many clients as possible and provide the best immigration solutions. …

Getting selected in the H-1B lottery is exactly like getting drawn into the easiest group in the FIFA World Cup.  It all comes down to simple luck of the draw.   Since the FIFA World Cup has 8 groups (A – H), your country’s odds of getting placed in the easiest group is 1 of 8 (or 12.5%).  We don’t …

The L-1 Visa. What if Bill Gates was Canadian?   While H-1B season is right around the corner, I still get asked about other visas such as the L-1.   “What is an L-1 visa”?  “Am I a good fit”? “Are they hard to get”? “Who is eligible”?  Let’s pretend for a moment that Bill Gates was Canadian from Vancouver instead …

Requirements for an H-1B visa You must be in a “specialty occupation” that usually requires at least a bachelor’s degree Your employer must be a legitimate U.S. business They must be willing and able to pay you the prevailing wage according to your job title and location The H-1B is still a wonderful tool for a career and a path …

Question:  Do you have any suggestions to have a better reference letter for my visa or green card application? I get these questions a lot from my employment-based immigration clients.  Many work visas or green card petitions either require or advise you to include letters of recommendation.  Such petitions include:  1) applying for a Specialty Occupation with an H-1B,  2) …

We are all very excited to learn more about the newly elected British Prime Minister Rishi Sunak.  What do we know about his U.S. Immigration journey? This is a very interesting and timely question and one I was asked a few times over the last few days.  While I don’t know the exact facts concerning his immigration journey, I can speculate approximately how and …

I recently had a South Florida-based Financial Services company reach out to me concerning an international student employee of theirs.  “David” is a very promising young man from South America who graduated last year with a master’s degree from a top Florida University.   Over the past year, while on post-completion F-1 OPT (Optional Practical Training), David became a rising …

Question: “I’m a 40-year-old airline captain from New Zealand with over 15 years of aviation experience currently flying in the Middle East.  While my parents are from India, I was born in Auckland. Could I qualify for an EB-2 NIW? What is an NIW and what are my chances of getting an EB-2 NIW? Great question!  I currently represent experienced …

One of my favorite areas to practice immigration law involves representing exceptional individuals with extraordinary abilities.  I first use a personally created and detailed analytical analysis of my client’s (or potential client’s) specific profession, skill set, and unusual talents to determine their chances of successfully petitioning for an extraordinary ability visa. After a rather rigorous screening process involving one or more consultations, …

In life, we often seek guidance when faced with decisions or challenges. As an immigration attorney, I assist people in such situations. For instance, imagine Jesper, an international pilot who’s been flying for a foreign airline for almost a decade but now wishes to pursue his career in the United States. Jesper has little knowledge of the specific visa requirements …

I recently had a consultation with Vikram, a film director from India, who was studying advanced film production and technology in the United States.   Often clients will come with a specific visa in mind.   Vikram had done some research and was interested in an O-1B visa for persons of extraordinary ability in the arts (specifically the category of movies and …

What exactly is Premium Processing?   Premium processing is a service, where available, for an extra fee employers can get a decision from the USCIS much more quickly on certain employment-based visa petitions.   This usually costs $2,500 and you should get a decision in 15 (or 45) calendar days depending on the visa classification.  The premium processing service is an optional additional filing …

I am an international student on an F-1 visa and I am about to graduate from my University in May.   How can I stay in the US and work?  The most important piece of advice I give to all of my clients and potential clients is to “maintain your immigration status”.  Your F-1 visa is only valid while you …

By Seth Finberg I was told that some registrants in the H-1B lottery have a better chance of selection.  Is this true? The H-1B lottery is a random lottery and is therefore nationality neutral.  Unlike the “Green Card Lottery” (Diversity Visa Lottery) or the Immigrant Visa Bulletin, the H-1B lottery does not consider where you were born or even what …

One of the most frequently asked questions from clients is “How can I get a green card?” The two most common pathways to becoming a green card holder are 1) getting sponsored by a spouse/ immediate family member, OR 2) getting an employer sponsorship. The employment-based green card process is more challenging and much more difficult to obtain, as it …

If you are an entrepreneur and are looking to come to the United States to form a startup, there is a new program called International Entrepreneur Parole (IEP) that you may want to consider. IEP allows startup founders to legally move to the United States to work for and grow their company. Since there is no specific “startup visa,” this …

At any given time, there are more than one million international students studying in the United States and the vast majority come to study in the U.S. on an F-1 visa.   The typical international student attends an American college or university to complete a Bachelors, Masters, or PhD program.  However, students can also apply for an F-1 visa to …