Author: Attorney Seth Finberg

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 are enrolled in school or in an approved job training program.   Once you graduate you have a 60-day grace period to 1) depart the United States, 2) enroll in another academic institution, 3) get a different visa, OR 4)…

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 passport you hold.  However, there is a benefit if you have an advanced degree from a U.S. University.  If you hold an accredited U.S. Master’s or PhD., you do have a slightly better chance of selection.   Of the 85,000…

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 requires a very particular set of skills. Additionally, applying for an employment-based green card is considerably more expensive, and the wait time is much longer. Fortunately, marriage-based green card options are usually available to foreign nationals who are married to…

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 grant of parole is the closest thing the U.S. currently has to a startup program. IEP allows entrepreneurs who provide a “significant public benefit” by creating jobs for American workers and helping to expand the U.S. economy to enter the…

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 attend a U.S. primary school, secondary school, or even to complete a short-term English language program. While less common, there are two other student visa categories, the J-1 visitor exchange program and the M-1 for vocational student attending programs that are…

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 have the exact number of H-1B registrations this year, but many of my colleagues estimate the chances of selection to be between 10 – 15%.   If you were one of the lucky ones to have your number chosen ……

By Seth Finberg 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. While my focus is on Immigration Law, I used to practice in other areas as well such as criminal defense, intellectual property, and sports and entertainment law. Therefore I can offer some insight into those practice areas…

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 of being American from Seattle.  Let’s also use the story that Gates co-founded Macrohard in Canada instead of the U.S.   Years later, Microhard eventually would want to expand into the U.S. market and would need to open up a U.S. office … for example in San Jose.  If…

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 to a long-term future in the United States There is an Annual Cap It is a random lottery where the selection in recent years can be difficult (possibly as low as 10-15% depending on the number of entries) Unlike an…

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) demonstrating Exceptional Ability with an EB-2,  3) arguing for a National Interest Waiver with an EB-2 NIW,  4) investing in a business with an E-2, or  5) demonstrating Extraordinary Ability with an O-1 or EB-1   Make sure you plan ahead…