Attorney Seth Finberg

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 …