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  • Recent Posts

    Getting Your Green Card in Chicago with the Help of a Green Card Attorney

    The Facts on Asylum: Finding the Right Asylum Lawyer for You

    Chicago Deportation: Understanding Deportation in the U.S.

    Chicago Naturalization: Understanding Naturalization in the U.S.

    How to Choose the Best E2 Visa Lawyer

    4 Steps to Choosing the Best Asylum Lawyer to Solve Your Case

    What You Can Expect in a VAWA Interview: 5 Steps to Prepare for It

    Understanding a VAWA Visa& Getting One Today!

    4 Serious Penalties for Overstaying Your Visa

    What Jobs Qualify You for an H1B Visa in the US?



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    Chicago Immigration & Naturalization Law Blog

    Getting Your Green Card in Chicago with the Help of a Green Card Attorney

    By admin, LLC on November 18, 2014

    People moving to the Chicago area who are interested in applying for a green card can get legal advice from a local green card attorney. A green card is necessary for moving to the United States from another country and beginning employment. It proves that the individual is in the country legally and serves as identification.

    The Green Card Application Process

    Green card applications are processed by the United States Citizenship and Immigration Services (USCIS). It has a branch in Chicago for those who have local relatives working on their behalf. The family-based green card is common. It grants permanent resident status to someone who has a spouse, parent, child, or siblings who have become citizens. Others may receive a green card for work after receiving a job offer from an employer.

    Regardless of the type of green card, all applicants must submit a form to the USCIS. Supporting documentation, such as proof of employment or relationship must be included. It may also be necessary to submit medical records or a background check.

    If the application is approved, a legal permanent resident card will be assigned. If it is not, there are options to appeal the decision. At this stage, it is important to work with a green card attorney.

    Alternative Entry Options

    Some individuals need entry into the United States for reasons other than family or a job. They may be seeking asylum from personal danger in another country or may be refugees. Those applicants follow a slightly different process, which can take longer and require additional interviews. Working with a Chicago green card attorney can speed the process along and ensure that the appropriate information is provided to the determining judge.

    Hiring a Chicago Green Card Attorney

    It is important to hire an attorney who has experience with your circumstances and understands the stress and uncertainty this process can cause. You need someone whom can be trusted with intimately personal information. When choosing a green card attorney, there are several tips that can help you find the right one for you.

    • Look for an attorney who is fluent in your native language. Even if you are comfortable speaking English, it may be beneficial to be able to relay certain details without a translation.
    • Choose an attorney with experience in green card applications and appeals. A general immigration lawyer can help, but someone who specializes in this type of document will have advantages.
    • Find an attorney who is available and can dedicate enough time to your cause.
    • Ask about the fees and payment structure. Good legal advice comes with costs, but it is important to find an attorney who can work with you to create a payment plan if necessary.

    This legal process can take some time, but patience often pays off. Once you have obtained a green card, you can begin your life in the United States and work towards citizenship in the future. A Chicago green card attorney can be helpful for additional immigration concerns, should they arise later.

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    The Facts on Asylum: Finding the Right Asylum Lawyer for You

    By admin, LLC on

    According to the Universal Declaration of Human Rights, “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” The dangers of persecution and fleeing your home country cannot be understated. The United States has always been a safe place to find relief from ethnic, political, social, and religious persecution. Asylum provides legal permanent resident status and those seeking help can depend on an asylum lawyer. Here are six qualities to help choose the right representation for your case.

    1. Global Knowledge

    When looking a law firms, choose someone who you believe truly understands your plight. A lawyer should be well-versed in international laws and specifically, those in the country from which you are fleeing. Some may have traveled to the area or may have done specific studies of the culture, religion, and government. It is especially helpful if the lawyer is fluent in your native language.

    2.Relevant Experience

    Nothing trumps experience when it comes to legal issues. Although any practicing asylum lawyer will be qualified, look for someone with relevant experience.  Find a firm that has worked with individuals from your country or in similar circumstances.

    1. Successful Track Record

    A lawyer should have experience, but this is not valuable if the majority of cases are lost. Ask what percentage of asylum cases he or she has won. Rates vary widely and depend heavily on the determining judge. However, a lawyer who has won most of his or her cases provides a good chance of winning.

    4. Agreeable Strategy

    There are several ways to create a defense strategy, but all revolve around proving the need for asylum. Be honest, straightforward, and detailed in your explanation. Meet with a lawyer and discuss your circumstances to determine the best method. It may be beneficial to meet with more than one person to determine who has the strategy that you feel is strongest.

    5.Affordable Payment Options

    Although a few lawyers do pro bono work, it is likely that there will be fees associated with asylum representation. Rather than choosing the cheapest option, find someone who has a payment structure that you can follow. Paying a higher fee over a longer period of time may be preferable to a slightly lower upfront expense. Ask for a detailed list of costs associated with representation to avoid any surprises.

    1. Available Time

    For the person seeking asylum, his or her case is most important. Most lawyers are working on multiple cases at once. Find out how much time the lawyer has to spend on your case and working with you. A busy firm may be a sign of a quality one, but this is not beneficial if the lawyer does not have enough time to devote to your specific case.

    Gaining asylum can be a difficult experience, but there is hope. With the right asylum lawyer, a person can obtain the necessary documentation. Most provide a free consultation to evaluate a case.

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    Chicago Deportation: Understanding Deportation in the U.S.

    By admin, LLC on

    Chicago residents may be concerned about their risk for deportation for a number of reasons. A person may be worried if he or she is in the country illegally without appropriate permits or documentation. He or she may also be involved in an incident that leads to the same result. Deportation is a frightening possibility, particularly when family is involved, but working with an immigration attorney can bring relief. An attorney will aggressively work to avoid removal if at all possible. It is important to understand the process to alleviate fears and possibly move towards the path to citizenship. Working with a Chicago deportation lawyer can help.

    Causes for Deportation

    Deportation involves forcible removal from the United States to the individual’s home country. This can be accompanied with a ban on entering the country again for any reason, but does not automatically do so. Deportation is a legal process that includes several stages. It occurs when a person has violated specific immigration laws, as well as criminal laws. Commonly cited reasons include the following:

    • Violating the Immigration and Nationality Act
    • Helping others enter the U.S. illegally
    • The end of a conditional permanent residence
    • Divorce after obtaining citizenship through a spouse
    • Marriage fraud to gain citizenship
    • Endangering public safety or national security
    • Ineligibility for immigration
    • Criminal conviction
    • Voter fraud

    The Deportation Process

    Before deportation, an individual will receive a notice to appear before U.S. Immigration and Customs Enforcement. A hearing is scheduled and the individual is given an opportunity to hire an attorney. While it is possible to choose self-representation, this is rarely the best course of action. Immigration attorneys have experience with several defense strategies and can use those proven most successful.

    The details of the notice are verified by the court and the individual may apply for various forms of relief. At this hearing, he or she has the opportunity to testify and bring witnesses to explain why deportation is not best. Each case is evaluated based on individual circumstances, the country of origin, and criminal records.

    Often political or domestic dangers are cause for remaining in the United States. The Violence Against Women Act (VAWA) protects victims of spousal abuse, both women and men, and their dependent children.

    The judge may give a decision at the conclusion of the hearing or it may be mailed later. When deportation is decided, a person has an additional 30 days to appeal the decision to the Board of Immigration Appeals. From here it can also be appealed to higher courts, all the way to the Supreme Court.

    Choosing a Chicago Deportation Attorney

    When faced with potential deportation, it is in a person’s best interest to hire a qualified Chicago deportation attorney. Prior to deportation, you have rights. In the event that you are deported, some circumstances may allow for you to return to the country at a later date. An experienced attorney can help determine if you are eligible to stay in the United States for any reason. He or she will exhaust all resources to help you stay.

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    Chicago Naturalization: Understanding Naturalization in the U.S.

    By admin, LLC on

    There are several paths to citizenship in the United States for those who were not born there. Naturalization is the process of immigrating into the country and applying for citizenship status. This process can take time and involves several factors. For many, the system can seem daunting. Working with a local Chicago naturalization attorney can be beneficial, but there are a few things you should know yourself.

    Requirements for Naturalization

    There are several criteria which must be met to become a U.S. citizen. First, a person must have legally lived within the country for a specified period of time. This could include a university student with a student visa, or someone with a temporary work permit. The individual must have a Legal Permanent Resident card. Residency demonstrates that the applicant is of “good moral character” and has no criminal record during that period of time.

    Having a criminal record is not an automatic rejection, but requires additional steps and depends heavily on the type of activity in the record. An attorney may be crucial in moving past this point.

    Applicants must also have a functional understanding of English and pass a citizenship test. Although previous versions revolved around trivia, the most recent test represents an understanding of American values. It includes a ten-question oral exam that evaluates whether the applicant understands the concepts of democracy, freedom, and intrinsic values.

    Alternative Pathways to Naturalized Citizenship

    For some individuals, circumstances may make an alternative option more appealing. For those who are willing to serve in the United States military, the waiting period can be waived. Spouses and dependents of those who served also have advantages.

    Minors may qualify for citizenship based on the status of grandparents. When a child’s parents are not naturalized citizens, the presence of a grandparent who is a citizen is admissible instead.

    The Naturalization Application Process

    Once an individual has determined that he or she qualifies for naturalization, the application process includes several steps.

    First, the appropriate form for the specific type of naturalization must be competed and sent to the United States Citizenship and Immigration Office (USCIO). Once the application has been received and process, the next step is the biometrics appointment. This involves fingerprinting and verifies that the applicant has no criminal record.

    Once the background check has been finalized, an interview is scheduled and a decision is made by the USCIO. If citizenship is granted, the applicant takes the Oath of Allegiance. In some cases, the request may be continued and additional documentation or retesting may be necessary.

    Seeking Legal Advice in Chicago for Naturalization

    If you need help understanding the citizenship process, a Chicago naturalization lawyer may be helpful. He or she can answer questions, guide you through the application process, and assist in the event that your application is denied.  Each person’s experience is unique and there are many exceptions to the rules. A qualified attorney will have extensive experience navigating the naturalization process and help you move forward on the path to becoming a U.S. citizen.

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    How to Choose the Best E2 Visa Lawyer

    By admin, LLC on October 28, 2014

    Are you an investor in need of a visa? Are you investing in a bona fide business? Then you may be in need of an expert E2 Visa Lawyer. An experienced lawyer will work with you to file the necessary paperwork need dot prove the legitimacy of your visa claim. By working with a professional E2 Visa Lawyer, you can take the guessing and hassle from this process, and quickly get the visa you need to invest.

     

    What are the requirements for an E2 visa?

     

    When it comes time to applying for your E2 visa, there are many requirements that you need to ensure you’re in accordance with. These requirements will include all of the following:

     

    • Must be coming to the U.S. to invest in a new or existing enterprise
    • The investment must be in a bona fide business venture
    • You have to have the funds listed in your investment
    • There has to be corresponding source documentation for your capital
    • You must prove you are coming to direct or develop the enterprise

     

    An E2 Visa Lawyer will be able to help you produce and assemble the necessary documentation to complete the requirements for the E2 visa. By having the right proof for your visa, you can greatly improve the chances that you will be approved in a timely manner.

     

    Finding a lawyer for your needs

     

    Once you understand the requirements needed for the E2 visa, it is easy to see why you would need professional help. At E2 Visa Lawyer will be experienced in the ins and outs of getting the right documentation to satisfy the requirements of the visa. This will be critical when building your case, because if you do not have the appropriate proof, you will fail to get your E2 visa.

     

    While most attorneys have experience in other fields of immigration law, E2 visas need the right kind of attorney. Look for attorneys who have a proven track record for success if you truly want to ensure that your case is solved.

     

    Working with your attorney for success

     

    Once you have chosen your attorney, the only thing left is to work with them for success. An E2 Visa Lawyer will know exactly what you need to build your application. They will help you choose the right documents, and ensure that each facet of the requirements is addressed with the corresponding proof.

     

    Also, your E2 Visa Lawyer should work with you to complete all the required documentation. By working hand in hand with your lawyer, you can ensure that all dealings with your future investment are done properly. This is especially critical when large amounts of capital are at stake.

     

    By following these guidelines, and working with an experienced E2 Visa Lawyer, you can have an easy application and approval process. This will not only provide you with a stress free experience, but also it will expedite the process and get you your visa that much faster.

     

     

     

     

     

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    4 Steps to Choosing the Best Asylum Lawyer to Solve Your Case

    By admin, LLC on

    Having a good Asylum Lawyer can be the difference between getting your case solved, and being deported. As such, it is critical that you find someone who understands your problem, has the knowledge to help you, and can get the results you need. With that in mind, the four steps to choosing the best Asylum lawyer are as follows.

     

    Find Someone With Experience With Your Situation

     

    The first step to finding an Asylum Lawyer that will get the job done right, is finding one that understands your issues. While all attorneys need to study the law to practice, that does not mean that they are experts in your specific area of need. Before choosing your lawyer, be sure to speak to them and get a clear picture of exactly what you need.

     

    See what they have to offer you as well. More often than not, an attorney will build a package around your specific needs. When working with an Asylum Lawyer that truly caters to your needs, the entire process will go much smoother, and the chances of success will be greater.

     

    Choosing Your Attorney

     

    Once you have expressed what you need from your Asylum Lawyer, it’s time to choose one to defend your case. You should always choose an attorney that not only understands your case, but also is working with your best interest in mind. That means checking for reviews, ensuring that they are licensed to practice, and doing your due diligence to guarantee that you’re going with the right Asylum Lawyer.

     

    Make a Plan

     

    Once you have chosen your Asylum Lawyer it is time to make a plan. Your attorney will work with you to understand the ins and outs of your case. The more information they have, the more likely they are to win your case. This also means that you need to be receptive to help. Give your lawyer any information and documentation they need. By being on the same page and making a plan, you will be able to get your case won in no time.

     

    Winning the Case     

     

    When it comes right down to it, a good Asylum Lawyer is a lawyer that wins. A winning attorney will do everything in their power to ensure that they win their case. That means they will:

     

    • Perform the necessary research to defend your case
    • Build a solid argument and case which will ensure your success
    • Gather the appropriate information, documentation, and case law, to defend your case
    • Keep you informed of all the happenings in your case
    • Working within ethical billing practices throughout your case

     

    By having an Asylum Lawyer who will work within these parameters, you can expect to win your case every time. As long as you do your part and find a respectable and caring attorney, you will win your case, and your citizenship in no time.

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    What You Can Expect in a VAWA Interview: 5 Steps to Prepare for It

    By admin, LLC on

    You went through the tedious process of acquiring all your paperwork, submitted your application, now it’s time for your VAWA Interview. These interviews could be critical in the process of applying for citizenship, which is why it is critical that you prepare, and get it done perfectly. Below are the five best steps for preparing for your VAWA Interview.

    Organize Your Paperwork

    While everyone knows how important their VAWA paperwork is, more often than not, one of the most common issues interviewees succumb to is being unprepared. Before going to your VAWA interview, you should be sure to have all of your paper work in order. This includes all of the documents you presented in your initial application as well as anything else that may help you defend your eligibility for a visa.

    This extra content can include any police reports, restraining orders, or supporting documents, that have occurred after the initial filling. By having your paperwork in order, you will not only be relaxed for your interview, but also you will be a stronger candidate for acceptance.

    Review Your Initial Application

    As part of the VAWA Interview process, you will be asked questions regarding your initial applications for a visa. While all applicants will respond truthfully on their application, once under the pressure of an interview, even the most prepared candidates can struggle.

    By reviewing your application, you will be prepared to field any question posed in your VAWA Interview. This will ensure that you sound convincing and prepared for your interview.

    Speak to an Attorney

    If you are still unsure about the process, or simply want some advice leading to your interview, the best thing to do is to speak to an experienced attorney. An attorney will be able to draw on past client experiences to help you prepare for your VAWA Interview. Additionally, they can also review your paperwork to ensure that everything you submitted is correct and ready for the interview.

    This will all provide you with peace of mind and confidence knowing that you are prepared and ready for your VAWA Interview. Also, an attorney can help you prepare for life post interview so you can be read to face life after the interview.

    Relax & Arrive Early

    As any person who has gone through the VAWA Interview process can tell you, the most important thing is to relax. Making sure you arrive early can help relax you ahead of your interview. Additionally, a relaxed interviewee will be able to get through the interview process smoothly and convincingly.

    Rejoice & Wait For Your Card

    Once you have your interview finished, using the advice from above, you can relax and just wait for your card in the mail! With a perfectly submitted application, advice from an attorney, and some preparation, you can easily pass through your interview in no time.

    The point of the VAWA Interview is not to trick you, but rather to ensure that everything is accurate. By keeping this in mind, you will be able to pass through your interview easily.

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    Understanding a VAWA Visa& Getting One Today!

    By admin, LLC on

    VAWA, standing for violence against women act, is a viable way for spouses, parents, and children to petition for lawful status in the United States. By understanding what a VAWA Visa is, and how to get one, qualified candidates can gain residence in the US and receive the many benefits associated with this visa.

     

    What is a VAWA Visa?

     

    A VAWA Visa is a means available to abused spouses, parents, or children of U.S. or lawful permanent residents to gain the many benefits of citizenship. By using the VAWA act, sufferers of domestic violence can acquire the means necessary to escape the situation and establish safe and productive lives away from their abusive spouse or child.

     

    Do you qualify for this Visa?

     

    Determining whether or not you qualify for a VAWA Visa is as simple as analyzing your situation. Does your spouse threaten to beat you or your children? Threaten to report you to the INS? Physically harm you or your children? Control your daily activities?

     

    If this sounds familiar to you, then you qualify for a VAWA Visa. Understanding that your situation is wrong, and acting on it, can be the difference between life and death in a dangerous situation in your home.

     

    What are the benefits associated with this Visa?

     

    Aside from removing oneself from an abusive and dangerous situation, there are various other benefits that come associated with a VAWA Visa. For one, it will empower you to thrive outside of your abusive relationship. More often than not, immigrants do not act on abuse for fear of being deported.

     

    Similarly, you will be able to enjoy government benefits. This can come in the form of medical expense assistance, food stamps, and various other forms of monetary aid. An experienced lawyer will be able to inform you more about the benefits offered in your area.

     

    What is the process to getting a VAWA Visa?

     

    The easiest way to get your VAWA Visa is to work with an attorney to help you with the process. They will help provide you with the proper advice and ensure that you get through each step with little if any hassle. If however you are planning on attempting to attain the visa on your own, there is a process to do so.

     

    First, you need to gather all the information pertaining to the application process. This will include:

     

    • Documentation of relationship to abuser (marriage certificate, divorce records, etc.)
    • Documentation to show status of abuser (Birth certificate, U.S. passport, green card, etc.)
    • Proof of residence with abuser (lease agreement, utility bills, letters from neighbors, etc.)
    • Proof of abuse (police reports, hospital records, restraining orders, etc.)
    • Proof of good moral character (proof that you did not marry for a green card)

     

    Once you have gathered the necessary proof, the next step is to complete your application and submit it for review. While the process can be accomplished on your own, it is always best to speak to an attorney to ensure that you qualify for a VAWA Visa.

     

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    4 Serious Penalties for Overstaying Your Visa

    By admin, LLC on September 30, 2014

    Temporary visas allow people to reside in the United States for a fixed time period, but it is crucial to keep an eye on the visa’s restrictions and expiration date. If you stay past the allotted dates, you could wind up being deported or find yourself subsequently banned from reentering the country. There are a few exceptions, waivers, and petitions you may qualify for to lessen the impact of your overstay, but first, it is important to understand the potential consequences. Here are the four most common penalties of overstaying your visa:

     

    1. Visa is Voided

    Applying for a visa extension is common, but the process must be started well before the visa is due to expire. Immigration law is extremely strict, so visas are considered invalid even if they have only expired by one day. In addition, overstaying your visa means your visa will be automatically voided. An expired visa restricts you from requesting a renewal or extension.

     

    1. Barred from Applying for a New Visa

    To recap, a voided visa is non-renewable. Instead, you will be directed to return to your country of nationality and request a new nonimmigrant visa before being reconsidered for admittance to the United States. Those with voided visas are no longer allowed to travel to the closest country’s U.S. consulate; rather, they must return to their home country. There is a slim exception to this rule, meant for “extraordinary circumstances,” which could allow you to apply for a visa by way of a consulate in a different country.

     

    1. Given Restricted Status

    Persons with unexpired visas may request an extension of stay, but overstay cases may not. In most situations, it is also not possible to change your status if your visa has expired, such as an immigrant or another nonimmigrant status. If you are facing overstay, time is of the essence. Consult with a knowledgeable immigration lawyer to investigate your options. If your visa has not yet expired, having an extension or status adjustment petition on file will maintain your status through the expiration date without overstay consequences.

     

    1. Blocked from Reentering the U.S.

    Perhaps the biggest fear of foreign nationals living in the United States is a risk of being barred from reentering the country due to a visa overstay. This is possible if you remain in the country on an expired visa but leave before beginning official removal procedures. Overstaying your visa for more than about six months but less than one year could warrant a three-year ban. If you overstay the visa by more than a year, then you could be barred from the country for ten years. At the end of the three- or ten-year bar, you would then be eligible to apply for another nonimmigrant visa to return to the U.S.

     

    In accordance with immigration law, there is a specialized waiver that could allow you back into the U.S. without the bar, but the requirements are strict. If you have a spouse or a parent who is a citizen or an otherwise legal permanent resident of the States, and who would face extreme hardship if you left the country, you might be eligible for the I-601 waiver. Talk to an immigration lawyer to discover if your family’s circumstances might qualify you for this exception.

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    What Jobs Qualify You for an H1B Visa in the US?

    By admin, LLC on September 29, 2014

    Depending on your occupation, you may be eligible to live and work in the United States with a nonimmigrant visa, the H-1B. This visa is temporary and limited to specialized occupations, but you may want to consider applying for H-1B status. Keep reading to learn more about H-1B eligibility.

     

    Understanding the Requirements

    As with any branch of immigration law, the applying for a visa can be difficult or confusing. The United States Citizenship and Immigration Services (USCIS) division lists an array of guidelines and exceptions, but the basic requirements are clear. To qualify for an H-1B visa, you must have a bachelor’s degree, master’s degree, or foreign equivalent in the field of your occupation, such as, for example, accounting or graphic design.

     

    In addition, you must have either 12 years worth of work experience or a mix of work experience and further education or degrees. The USCIS requirements operate on a 12-point system; three points for each year of educational studies and one point for each year of work experience.

     

    There are many exceptions and special circumstances, so it may be worthgoing over your options with the help of a specialized immigration lawyer. For example, your employer may choose to sponsor you for H-1B status, or you may have a qualified agency evaluate your experience and qualifications. Either of these could serve as recommendations to the USCIS and could help you obtain an H-1B visa. In special cases, you may be eligible even if you do not have a four-year bachelor’s degree.

     

    Is My Job a Specialty Occupation?

    In addition to establishing an employer-employee relationship, the job itself must meet certain criteria before you can apply for the H-1B visa. Your position should require a degree as a minimum requirement. This should be both required by the employer and common for the industry. You can consult the USCIS Occupational Outlook Handbook to help determine if your job typically requires a degree. If the handbook does not include your occupation, then you must prove that a degree would normally be required due to the unique and complex nature of your tasks.

     

    Qualified Jobs

    There are many fields and industries that have jobs that can qualify you for H-1B visa eligibility. The USCIS publishes a list of oft-approved occupations, whichcould be a good place to start. Keep in mind, however, that according to immigration lawyour bachelor’s or master’s degrees must be in the same specialized field of study as your occupation. For every broad occupational field, such as engineering, education, and business, your degree’s field of study needs to be focused and specialized.

     

    Examples of H-1B eligible occupations within the fields of math and sciences include auditors, accountants, chemists, biologists, financial analysts, computer programmers, and electrical, industrial, and mechanical engineers. Many fields of health services are also eligible, including physicians and surgeons. Social services include network administrators, teachers of all levels (primary, secondary, university), economists, and therapists. Many fine arts occupations may be eligible as well, including architects, artists, and graphic designers. If you are not sure if your job will qualify you for H-1B visa, visit the USCIS website or seek consultation with an experienced immigration lawyer.

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