An H-1B amendment is required each time there is a material change in the terms and conditions of employment. The Federal Regulations provide that the petitioner shall file an amended or new petition, with fee to reflect any material changes in the terms and conditions of employment or training or the alien’s eligibility as specified…
Monthly Archives: February, 2020
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The Dawn Of A New Era: Becoming Familiar With The New Public Charge Rule
It feels like we are writing a new blog almost every week. Under the Trump administration, we have seen several new policies, and this one is no different. The new public charge rule seeks to once again limit legal immigration by targeting low- income, low- skilled poorly- educated, elderly or disabled individuals and making it…
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E-2 Treaty Investors General Information
The E-2 classification is a type of investor visa which allows an individual and his/her family to come to the United States on a temporary basis to run a business. E-2 classification is not open to everyone. For, example citizens of India do not qualify for E-2 status. Therefore, if you are a citizen of…
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TN NAFTA Professionals General Information
As a result of The North American Free Trade Agreement (NAFTA), Canadian and Mexican citizens have the benefit of applying for classification as a TN NAFTA Professional. In order to apply for a TN visa, your position must be listed on the NAFTA list. The list includes Accountants, Engineers, Lawyers, Pharmacists, Scientists and Teachers. For…
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Important Updates on H-1B Electronic Registration for FY 2021
USCIS held a webinar on 02/06/20 for Employers wishing to file online registrations directly. Today USCIS held a further webinar, specifically for Attorneys. Below were the main points that were discussed in both webinars: Filing a registration: If an employer intends to use an Attorney to submit the Electronic registrations, both the Attorney and the…
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E-3 Specialty Occupation Visa For Australian Nationals
What is an E-3 Visa? The E-3 visa is very similar to the H-1B visa in the sense that it is reserved for individuals working in a specialty occupation. However, the E-3 visa is specifically for Australian nationals, their spouses and children under the age of 21. What is specialty occupation? The definition of “specialty…
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Important Considerations When Choosing An Entity Structure
Why do I need an entity? The primary reason clients set up an entity is to separate the liability of the business from the individual owners. We represent many clients who need assistance in choosing the right entity structure for their business. What’s the best type of entity for my business? In short, it depends….
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PLG Podcast – EP.1 Introduction To Bankruptcy
Jonathan Gitlin and Brandon Smith two senior attorneys at the Patel Law Group discuss the basics of bankruptcy in this inaugural episode of the PLG podcast. We hope you enjoy it! Disclaimer: Nothing herein constitutes legal advice nor is intended to form an attorney-client relationship. This podcast is for entertainment and educational purposes only.
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APA litigation and Mandamus filings general information
Filing a Federal Lawsuit under the Administrative Procedure Act (“APA”) is one way in which employers/individuals can challenge unlawful agency action. Similarly, a Mandamus action can be filed where the agency fails to act within a reasonable time. Exhaustion Requirement Filing suit in Federal Court does not require an employer/individual to exhaust administrative remedies such…
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I-140 General Information
I-140 Process For candidates filing an EB-2 or EB-3 filing, it will be necessary for your Employer to obtain a certified Permanent Labor Certification, aka PERM, before filing the I-140. For further details please refer to our previous article regarding PERMs, which can be found at: https://www.patellegal.com/perm-process-general-information/ This article is intended for candidates who are…