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? 2) How can I ask my current employer for a reference letter without jeopardizing my current job? 3) What should I do if an employer is reluctant or refuses to provide a reference letter for my…
Author: Attorney Seth Finberg
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 require several client meetings to truly research and understand the idea. Don’t immediately refuse a case or a client before investigating sufficiently. Others ask “why?” and I ask “why not?” For those who follow soccer (football) in Brazil, you 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 platforms such as TikTok, YouTube Shorts, and Instagram inform and entertain. How can Immigration Law be covered properly and appropriately on social media? Let’s start with the positives. I have a moderate social media presence in my own practice, and…
“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 uncommon, and the show makes many references to immigration from India. “Raj was born in New Delhi, India in 1981. At the young age of 5, he “discovered” a celestial object which later turned out to be the moon. Fortunately,…
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 when the various steps were taken. Did he follow a common International Student Path from F-1 visa to an H-1B visa to a Green Card? Sunak’s story may be a bit complicated to understand for non-immigration attorneys, but it is fascinating to…
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 star in their company’s job-training program and developed into a key piece for their Latin American Strategy. They realized he was someone they wanted to hirepermanently but with his F-1 visa and OPT expiring. He would soon no longer have…
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 foreign airline pilots in your exact situation.Since my father was a pilot and a US Air Force Major and Vietnam Veteran, I grew up around aviation and really enjoy working with pilots. It is challengingbut also exciting to determine whether…
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, we determine if it is in the client’s best interest to apply for such a visa or green card. We always ensure to appropriately manage a client’s expectations and balance the risks and rewards of such an important decision. While any…
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 for pilots here in the US and the complex immigration system he has to go through. With this, a consultation from a knowledgeable professional is his best bet in finding the right remedy for his predicament. In a professional consultation,…
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 TV). While many of my clients think they are impressive or believe they have a strong case for such visas, I rely on my experience, training, and research to help determine if they are a good candidate. Unfortunately, the USCIS…
