Attorney Seth Finberg
About the Author
Attorney Seth Finberg is a 2005 graduate of the University of Georgia School of Law and is a member of the Georgia Bar and the American Immigration Lawyers Association (AILA). He is the owner and founder of Finberg Firm PLLC (located in Ft. Lauderdale, FL), and he represents clients nationwide in the areas of business- and family-based immigration. Mr. Finberg is an active member of the Miami Asylum Office Committee for AILA South and Central Florida, and he serves as a legal captain in pro bono clinics for Temporary Protected Status and Citizenship. Seth has been recognized for his outstanding pro bono service by the South Florida chapter of the American Immigration Lawyers Association, winning their 2021 Pro Bono Champion award. He can be reached by phone at (954) 249-6603 or by email at seth@finbergfirm.com at his Weston office currently, or at his new Hollywood office starting in February 2022.
The L-1 Visa. What if Bill Gates was Canadian?
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 …
H-1B Lottery: May the odds be ever in your favor
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 …
Key Points for a Great Immigration Reference Letter
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) …
Rishi Sunak’s U.S. Immigration Path
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 …
Cap Exempt H-1B visas … What to do if your current or prospective employee was not selected in the H-1B lottery?
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 …
EB-2 visas and National Interest Waivers (NIW)
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 …
EB-1A Extraordinary Ability Green Cards
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, …
Are you extraordinary? O-1 visas for persons of extraordinary ability
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 …
Frequently asked Questions on Premium Processing
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 …
Frequently asked questions on OPT, STEM OPT and H-2B’s
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 …
Frequently asked questions on B’s and H-1B’s
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 …
Marriage-Based Green Cards
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 …
Immigration Solutions for Entrepreneurs
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 …
International Student (F-1) Visas and Employment:
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 …
