Nicole Abramowitz Weber Nicole Abramowitz Weber

November 2015 Visa Bulletin Released

The Department of State has released the Visa Bulletin for November 2015. There was no forward movement

in the dates for filing for the family-based, first and third preference categories for Mexico; the employment-based, second preference categories for mainland China and India; or the employment-based, third preference category for the Philippines.

To see the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2016/visa-bulletin-for-november-2015.html

To talk with us about your specific case, please contact us at TheTeam@huwelaw.com.

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Nicole Abramowitz Weber Nicole Abramowitz Weber

Immigration Options for Entrepreneurs: Video Presentation

Last week, Hurtubise Weber Law presented options for foreign entrepreneurs at an event hosted by the San Francisco Bay Area group Idea to IPO. 

Immigration lawyer Isabelle Hurtubise spoke with an audience of entrepreneurs in various stages of company development, including the idea, formation, version 1 product, mature product, and existing foreign entity phases. Her talk focused on making sense of the immigration laws with 

practical 

explanations of available visa paths, requirements for the E, L, and O visas, and the pros and cons of the current options for foreign entrepreneurs here in the United States. 

At least 12 countries were represented in the Q & A segment of the presentation.

To view the full presentation, please visit:

Immigration Options for Entrepreneurs and Employees / 10.01.15 / Hurtubise Weber Law / S.F. CA.

To schedule an evaluation with Isabelle by video conference or in person at our San Francisco or San Jose office, please contact us at TheTeam@huwelaw.com or 415-413-8760.

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Isabelle Hurtubise Isabelle Hurtubise

E-2 Investor Visas - Buying a Franchise is a Great Way to Go!

E-2 investor visas allow foreign nationals from certain countries to come to the United States to invest in and run a company. The major benefit of the E-2 is that the investment can be quite low, as long as it is enough to credibly start and run a business. The unofficial rule of thumb is a $100,000 investment, but investments as low as $40,000 may be appropriate for businesses that require little capital.

An E-2 visa is based on a treaty between the U.S. and the foreign national's country of nationality - so it is only available to investors from certain countries. It is a nonimmigrant visa and does not offer a direct path to a green card. However, it can be renewed indefinitely, and the spouse of an E-2 visa holder can obtain work authorization.

To find out which countries are eligible, go to:

https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa-e.html

Franchises are excellent investment candidates. The business model is already proven, and the required investment is laid out clearly in the franchise contract. In addition, frachises often have training programs, so the investor can show that they will have the skills to run the business.

E-2 visa applications are technical and complex and therefore require an attorney. If you are interested in finding out more about an E-2 visa, please contact us at TheTeam@huwelaw.com.

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Nicole Abramowitz Weber Nicole Abramowitz Weber

Visa Bulletin for October 2015 Released, New System Launched

The Department of State (DOS) has released the Visa Bulletin for October 2015. 

This month's bulletin marks the beginning of a new system for notifying applicants of when they may apply for lawful permanent residency (a "green card").

DOS states that moving forward the bulletin will summarize not only "the availability of immigrant numbers for

'Application Final Action Dates' (consistent with prior Visa Bulletins)," but also "'Dates for Filing Applications,' indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center."

DOS notes that unless otherwise indicated in a specific bulletin, "individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the 'Application Final Action Dates' charts [] for determining when they can file such applications."

What does this new policy mean? It means that in the future an applicant

may

be able to apply for a green card earlier than expected. The new category of "Dates for Filing Applications" is therefore something to look out for in each monthly bulletin.

To see the full bulletin for October 2015, please visit:

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

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Nicole Abramowitz Weber Nicole Abramowitz Weber

Hurtubise Weber Law Trains Staff at the Valley Crisis Center in Merced California

Recently Hurtubise Weber Law paralegal Teri Picart was

asked to return to the Valley Crisis Center of Merced County (VCC) to provide training to new counselors at the Center. One year ago Teri gave a presentation to new staff regarding the U visa for victims of crime and 

relief available for undocumented victims of domestic violence under the federal Violence Against Women Act (VAWA)

:

http://ow.ly/RmnuF

Due to popular demand, she was asked back this year to present to a new group of staff members!

The VCC "

seeks to prevent domestic and sexual violence by advocating for positive changes in the societal systems that my lead to oppression, fostering a better understanding of domestic and sexual violence through community education, and providing culturally relevant direct services that empower victims of abuse and their children." You can read more about the Center's mission here:

http://www.valleycrisiscenter.org/

The U visa allows victims of qualifying criminal activity, including domestic violence, felonious assault, sexual assault, and stalking, who have suffered substantial physical and mental abuse and cooperated with authorities in the investigation of the crime, to apply for work authorization and permission to remain in the United States in the short term. The U visa is a path to permanent residency (a "green card") and citizenship.

For more information about the U visa and how it could help you or someone that you care about, please contact us at TheTeam@Huwelaw.com.

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Nicole Abramowitz Weber Nicole Abramowitz Weber

September 2015 Visa Bulletin Released

The Department of State has released the Visa Bulletin for September 2015. 

There was forward movement in most employment-based and family-based visa categories. However, the employment-based second preference categories for mainland China and India retrogressed to January 1, 2006, from December 15, 2013, and October 1, 2008, respectively. 

To view the complete Bulletin, visit:

http://www.travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-september-2015.html

For assistance with your immigration case, please contact us at TheTeam@Huwelaw.com.

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Nicole Abramowitz Weber Nicole Abramowitz Weber

How Long Does It Takes to Get Immigration Case Processed

Want to know approximately how long it will take for your immigration case to be processed? USCIS just released updated processing times! These times are based on the type of case and where the application is being reviewed. For example, right now at the 

California Service Center, 

fiance visa applications and most Petitions for Alien Relative are taking about five months to be processed.

Visit the USCIS website to check on the average processing time for your case based on the type of case and the Service Center where it is being processed:

https://egov.uscis.gov/cris/processTimesDisplay.do

Contact us at TheTeam@HuWeLaw.com if you would like to schedule an initial legal evaluation to determine which immigration path is right for you or your business.

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Nicole Abramowitz Weber Nicole Abramowitz Weber

August 2015 Visa Bulletin Released

The State Department has released the Visa bulletin for August 2015. 

There was forward movement in most employment-based and family-based visa categories. 

the EB-3 and "Other Workers" categories for China have retrogressed due to high demand. However, t

he EB-3 and the "Other Workers" categories for the Philippines are no longer unavailable.

To see the full bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2015/visa-bulletin-for-august-2015.html

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Nicole Abramowitz Weber Nicole Abramowitz Weber

Are You Looking to Start a Business or Investing in the US?

Are you a foreign national looking to start a business, invest, or become employed in the United States? Join our own immigration attorney Isabelle Hurtubise on June 24th at 6:30 pm at Innowest, 764 San Aleso Avenue, in Sunnyvale, California, the heart of Silicon Valley for a discussion about your current options. Snacks will be provided!

For more information, please visit:

http://www.meetup.com/Silicon-

Valley-Startup-Idea-to-IPO/

events/222647799/

For information on how Hurtubise Weber Law LLP can personally assist you, please contact us at TheTeam@huwelaw.com.

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Nicole Abramowitz Weber Nicole Abramowitz Weber

Nicole Elected Chair of AILA Santa Clara Valley Chapter

We are pleased to announce that on May 6th, our own attorney Nicole Abramowitz Weber was elected to serve on the Executive Committee for the American Immigration Lawyers Association (AILA) Santa Clara Valley Chapter. 

AILA is the national professional association for immigration lawyers in the United States. Founded in 1946, AILA is now composed of more than 13,000 attorneys and law professors who practice and teach immigration law. AILA national is divided into 35 individual chapters around the country, one of which encompasses the Santa Clara Valley, or "Silicon Valley" area in California. 

Nicole will serve as Chair Elect for AILA's Santa Clara Valley Chapter this year and as Chapter Chair next year. In these roles Nicole will work closely with AILA national, chapter members, and community groups to ensure competency and professionalism in the practice of immigration law, as well as to inform community members about their rights and options as immigrants.

For information on how our attorneys can assist you with your unique immigration needs, please contact us at TheTeam@huwelaw.com.

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Nicole Abramowitz Weber Nicole Abramowitz Weber

June 2015 Visa Bulletin Posted

The Department of State has released the Visa Bulletin for June 2015. There was forward movement in most employment-based and family-based categories. This Bulletin also includes a statistical breakdown, by country, of the applicants for the diversity visa lottery program for fiscal year 2016. There were over 11 million qualified entries received from around the world during the application period.

To see the full bulletin, visit:

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-june-2015.html

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Isabelle Hurtubise Isabelle Hurtubise

Unlocking Employment Opportunities: H-1B Spouses Eligible for Work

On May 26, 2015, USCIS will begin accepting applications for work authorization from certain H-1B spouses.

For a long time, H-1B spouses could not work until they got a green card. Given the wait in certain categories and for citizens of certain countries, this meant these spouses, often well-educated professionals, sat idle. This is a waste of an important American resource - educated individuals who would contribute to the economy as they wait to become permanent residents and eventually citizens of the United States. See our previous post for more information:

https://www.huwelaw.com/blog/2015/03/tapping-american-resource-some-h-4-visa.html

H-1B spouses hold an H-4 visa and are eligible to work under two scenarios: (1) The H-1B holder has an approved I-140; or (2) The H-1B holder has received an extension beyond the six-year limit pursuant to specific provisions of AC21. H-1B extensions beyond year six are granted when the H-1B spouse is in process of a PERM labor certification or an I-140 immigrant petition that was filed at least 365 days prior to the end of the sixth year of H-1B status.

Eligibility and application are complex, especially given that these are new regulations. If you think you or your spouse may qualify for work authorization, contact us at TheTeam@huwelaw.com to begin the process.

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Nicole Abramowitz Weber Nicole Abramowitz Weber

Nicole's Inspiring Speech at Yerba Buena High

Yesterday, Hurtubise Weber Law attorney Nicole Abramowitz Weber had the pleasure of speaking to students at Yerba Buena High School in San Jose, California. Nicole was asked to speak at the school's Career Day for the third year in a row. 

Nicole talked with three large groups of high school juniors about how to become a lawyer, her personal career journey, and the vast array of options available in the legal profession. The students asked some great questions, including:

"How stressful is it to be a lawyer, based on the amount of hours you have to work and the work itself?"

"What should I do now as a high school student to prepare to become a lawyer - are there certain classes that I should take or internships that I should try to get?"

"How did you start your own law practice?"

Nicole really enjoys speaking at this event and plans to return again next year. 

Go Warriors!

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Nicole Abramowitz Weber Nicole Abramowitz Weber

Visa Bulletin May 2015

The Department of State has released the Visa Bulletin for May 2015. There was slight forward movement in most family-based categories. There were a couple of interesting changes in the employment-based categories. Notably, the EB-2 category for India progressed by more than seven months, and the EB-5 category for China retrogressed by nearly two years.

To see the full bulletin, visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2015/visa-bulletin-for-may-2015.html

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Nicole Abramowitz Weber Nicole Abramowitz Weber

Hurtubise Weber Law Presents DACA and DAPA for PACT and Fiesta Educativa

DACA and DAPA presentation by Hurtubise Weber Law in San Francisco and San Jose

Hurtubise Weber Law recently had the privilege of reaching out to our local immigrant community on two different occasions. 

On Tuesday, March 10th, we spoke with a group of about 60 members of the San Jose community at an event held by PACT (People Acting in Community Together) of San Jose. PACT is a grassroots organization whose mission is to empower everyday people to create a more just community. To learn more, visit

https://pactsj.org/

On Friday, March 27th, the firm spoke with an intimate group of parents of children with special needs at a meeting held by Fiesta Educativa of San Jose. Fiesta Educativa is an organization whose mission is to inform and assist Latino families in obtaining services for their children with special needs. To learn more, visit 

https://fiestaeducativa.org/

.

We volunteered at both events to raise awareness of the President's new DAPA (deferred action for parents of U.S. citizens and lawful permanent residents) program and the expansion of the current DACA (Deferred Action for Childhood Arrivals) program. We were able to answer a variety of good questions posed by community members regarding eligibility for these programs. 

If you have questions about these programs, please contact us at TheTeam@huwelaw.com.

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Isabelle Hurtubise Isabelle Hurtubise

USCIS Offers Guidance on Talented Employee Transfers

L-1B visas are used by foreign companies looking to transfer their most talented employees to their United States branches. Despite the economic value of these employees, USCIS has been capriciously denying these applications for years. L-1B visa applications had a

35% denial rate

last year, a more than five-fold increase from year 2006.

As part of President Obama's recent executive memoranda, USCIS has finally issued guidance on these visa applications to provide more consistency in adjudication.

You can find the memorandum here: 

USCIS L-1B Memo

Employment-based visa applications are extremely complex. If you are looking to transfer employees or hire a foreign national, contact us at TheTeam@huwelaw.com.

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Nicole Abramowitz Weber Nicole Abramowitz Weber

April 2015 Visa Bulletin is Out

The Department of State has released the Visa Bulletin for April 2015. There was slight forward movement in most visa categories. However, there was a retrogression of nearly 10 months in the employment-based third preference category for China. The Bulletin also warns in Section D that a cut-off date for China-mainland born can be established no later than June.

To learn about your immigration options, please contact us at TheTeam@huwelaw.com.

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Nicole Abramowitz Weber Nicole Abramowitz Weber

Are you an immigration LEO?



Numerous paths exist for a software engineer to come to the United States to work. Many developers believe that they can only get to the U.S. on the H-1B employer-sponsored visa, the J visa for interns, or the F-1 student visa. However, if you have an existing business, some money to invest, or a proven track record of being extraordinary in your specialized field, you may qualify for other types of visas, such as the L, E, or O visa.

Existing business owners may qualify for an L-1A new branch visa as part of expanding their company. The visa applicant must have worked full-time for a year within the past 3 years for their foreign company. L visa holders can stay up to 7 years, their spouse can work in the U.S., and there is a path to apply for a green card.

Citizens of certain "treaty countries," including Spain, Mexico, Argentina and the United Kingdom, can apply for a small business investor visa called the E-2 visa. This allows you to come to the U.S. to start a new company or to manage a new investment. Unlike the million-dollar EB-5 investment green card, the E-2 visa investment can be as low as $100,000, and in certain circumstances, even less. While there is not a path to a green card, it is indefinitely renewable and your spouse can work while in the U.S.

Persons who are extraordinary in their specialized field, as defined under U.S. immigration law, might qualify for an O-1A visa. You need to show objective evidence that you have made unique contributions to your field, in the form of awards, honors, media coverage, expert opinion letters, high salary and/or work for distinguished projects or companies.  O-1A visas are indefinitely renewable and have an indirect path to a green card.


There is no cap on any of these visas, and they can take as little as six months to process. However, they are very complicated and highly scrutinized by U.S. immigration authorities, so you must have an attorney's help in applying. Contact us at TheTeam@huwelaw.com for more information.  

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Isabelle Hurtubise Isabelle Hurtubise

Tapping into American Resources: Opportunities For H-4 Visa Holders

Some spouses of H-1B visa holders waiting in line for green cards can now apply for work authorization. This important and long-awaited reform will tap into what is truly an American resource - an educated and experienced potential workforce who is eligible for and waiting for a green card.

The American immigration system has long been inconsistent regarding which visa holder spouses can apply for work authorization in the U.S. As a rule, H-1B visa holder spouses can not work. The spouses of L-1 visa holders, also a dual intent visa, can work. The spouses of O visa holders (extraordinary persons) can not work. The spouses of E visas (treaty investors) can work. There is no apparent rhyme or reason behind these distinctions.

The Department of Homeland Security has now announced that some H-1B dependents - H-4 visa holders - will be allowed to apply for work authorization as of May 26, 2015.

The H-1B visa holder must have an approved I-140 on file. What does this mean? This means that they must have been vetted by the Department of Labor and USCIS as being uniquely qualified for their job. The employer must have participated in a recruitment process to prove that there is no eligible and available American citizen or lawful permanent resident to take that employee's position. This carefully vetted individual must then get in line to wait to apply for a green card - a line that can be up to 15 years long.

Most H-4 dependents have already been in the U.S. for at least six years by the time the I-140 is granted. Having to wait until they and their spouse can apply for a green card puts an incredible burden on families, sometimes causing these uniquely qualified and highly skilled individuals to abandon their green card efforts and move back to their country of origin.

It is also a waste of an American resource. H-4 visa holders are often highly skilled and educated persons in their own right. They may work in fields that do not fall into strict H-1B visa categories, or perhaps may not have been lucky in the tough H-1B lottery, and so have not been able to obtain an H-1B visa themselves. They have been part of our communities for years, and will be green card holders and potentially future U.S. citizens. Putting to work this underutilized local resource will benefit the U.S. economy and society.

To find out more on this new program, go to: 

DHS H-4 work authorization

Eligibility for this program is complicated.  To find out if you are eligible, please contact us at TheTeam@huwelaw.com

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