Attorney Shah Peerally's Immigration Law Talk Shows

A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case. RFEs are often in point form requesting factual information from either the beneficiary or petitioner. While many RFEs are simple, lately many RFE’s have become more complicated and tend to require legal assessment before they can be answered. Our law firm, having filed more than 1000 immigration cases, is quite familiar with responding to RFEs.

Based on our experience, we have compiled a 10 Point legal guide to assist you in answering your RFEs. Note that this guide does not cover every single RFE related issue. We highly recommend that you retain a lawyer to help you on your case.
http://www.peerallylaw.com/en/content/view/567

Changing status from B1 or B2 Visas to F1 visa has now become quite difficult. This podcast covers this issue.
Information provided is purely educational.

Can someone transfer their H1B visas without a pay check stub. This audio covers the issues related to H1B transfer. The H1B transfer process can be very stressful and many find themselves out of status because of wrong timing or wrong understanding of the law.
Read the article on H1b Transfer here:
http://www.peerallylaw.com/h1b-transfer/

Asylum are for those who are being persecuted, fear persecution, or have been persecuted in their home country. Once an asylum is file or approved, it is important that before traveling you know what are your risks. This audio talks about the issues related to those who have an approved asylum, greencard through asylum or pending asylum case.
For more information, feel free to reach out to us at 510 7425887.

It is possible to adjust status through marriage or petition a parent while they are in the United States on a B1/B2 visa. However, there might be few issues that limit the ability to do that. This podcast covers quickly how it is done and should you need any help please call us at 510 7425887.

An E-2 is a visa is for a foreign national of a “investor treaty” country, coming to the US to direct the operations of an enterprise in which the investor has invested or is actively in the process of investing a substantial amount of capital. This visa may also be obtained by key employees of the business. Key considerations include: i) whether the foreigner is a national for a country that has an E-2 investor treaty, ii) that the business is 50% owned by foreigners of the treaty country, iii) that the foreigner is either a 50% owner or a key employee of the company, iv) that and that the investment is “substantial.”

E-2 Immigration LawyersIn order to determine if the foreigner is a national of a qualified country, we must refer to Volume 9 of the Foreign Affairs Manual, section 41.51, Ex. 1. If the foreign national’s country is not on this list, then E-2 is not an option.

Establishing that at least 50% of the US business is owned by eligible foreigners obviously depends on the nationality of the owners. Interestingly enough, however, is that if one of the owners is a US lawful permanent resident, that person’s ownership is not considered to be that of a foreigner, even if that person is a citizen of a qualifying treaty trade eligible country.

While an owner who owns at least 50% of the US business is eligible for E-2, “key employees” are also eligible. A key employee must prove that they are either an “essential skills” worker whose skills are essential to the trading enterprise or key executives.

Proving “substantial investment” is not a precise art because the regulations do not specifically define “substantial.” At a minimum, the investment should produce a return that is higher than a mere income to support the investor and her/her family. Three factors to consider are 1) dollars invested ($200K is a reasonably safe minimum, but some have obtained E-2 visas on initial investments as small as $50K), 2) proof that the amount is enough to capitalize business functions (this obviously varies by business), and 3) the investment should go beyond marginal job creation (that is, at least beyond creating a job just for the investor).
http://www.peerallylaw.com/en/content/view/517
List of Treaty countries: https://travel.state.gov/content/visas/en/fees/treaty.html

After your H1B visa is approved by the Department of Homeland Security (DHS) and if you are abroad, you will need a stamping of visa on your passport at the US Consulate (Department of State). You might also need a stamping for other reasons. This podcast covers the possible questions as it relates to the H1B visa interview at the US embassy. Note that these are just samples and questions can actually vary based on the case. We recommend preparing yourself well for the interviews. The podcast also covers some tips on how to appear for the H1B visa interview. Information provided is purely educational. You should not act or refrain to act solely on the information provide. If you have any questions, feel free to call us at 510 7425887 or email [email protected]

The information in this channel does not constitute legal advice. We make no guarantees about the accuracy or adequacy of the information contained or linked to this web site. You should not act or refrain to act solely on the information provided

B-1 Temporary Business Visitor
You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

Consulting with business associates
Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
Settling an estate
Negotiating a contract
Participating in short-term training
Transiting through the United States: certain persons may transit the United States with a B-1 visa
Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa
Eligibility Criteria

You must demonstrate the following in order to be eligible to obtain a B-1 visa:

The purpose of your trip is to enter the United States for business of a legitimate nature
You plan to remain for a specific limited period of time
You have the funds to cover the expenses of the trip and your stay in the United States
You have a residence outside the United States in which you have no intention of abandoning, as well as other binding ties which will ensure your return abroad at the end of the visit
You are otherwise admissible to the United States.

Information provided is purely educational. You should not act or refrain to act solely on the information provided. You should contact an attorney if you have any questions. Feel free to call (510) 7425887 for any questions.

As there is no statutory or regulatory definition of the term “national interest”, USCIS relies on a 1998 Administrative Appeals Office precedent decision setting forth a three-prong test for evaluating requests for a national interest waiver. See Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm’r 1998) (“NYSDOT”). These three prongs are outlined below.

Requirement 1 - You must show that you plan on working in the United States in an area of substantial intrinsic merit.
Requirement 2: You must show that the proposed impact of your work is national in scope.
Requirement 3: You must show waiving the labor certification requirement would benefit the national interests of the United States.
Information provided is purely educational. You should not take it as legal advice. No-attorney client relationship is created by this podcast.

This podcast deals with denials under INA 214(b). INA 214(b) is the most common denial at the US consulates for non immigrant visas. Note that INA 214(b) rarely applies to dual-intent visas such as H1, H4, O visas. However, it is extensively used for B1 visas, B2 visas and F1 visas denials. The law reads:
(b) Every alien 10/ (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) . An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and su bstance as is prescribed by section 247(b).
INA 214(b) is one of those “mysterious” law which functions on the discretionary power of the adjudicating or consular officer who is actually interviewing the applicant. It is extensively used to deny visas based on the fact that every applicant is “is presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15)”

As such anybody can be found to have an immigrant intent and not be able to prove otherwise. Note that the burden of proof is on the applicant. In simple terms, this means that someone who is applying for this visa has to prove that he or she plans to be leaving the United States once he or she finalizes either her visit or her studies.

This podcast talks about how you can deal with the denials under INA 214(b).