Employment Authorization for certain H-4

Some great news for H-4 (family members of H-1B).

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

If you have nay questions, please don’t hesitate to call or email our office.

USCIS Press Release

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The above information is general in nature and is not intended to be considered or relied upon as legal advice. You should always consult an attorney before acting upon any of this information.

Entertainment Related Visas, What are your options?

I represent a lot of foreign performers in securing them either P or O visas. I have represented Grammy Award Winners and I have represented bands still awaiting their big break and have been successful gaining US working visas for both.

Lets start with the visa options and the difference between an O visa and P visa. O visas are typically for Individual performers, athletes, actors, professors etc. They are classified as “Individuals with Extraordinary Ability”. O-1A is for applicants who excel in the sciences, education, business or Athletics. O-1B are for Performers in the Arts (Acting, Music, Painting etc).

The P-1 visa is typically for bands.

How do you Qualify?

The easiest way to qualify for an O-1 Visa is to receive a Major, Internationally recognized award such as a Nobel Prize, Olympic Medal, Grammy Award, or something of that nature. For the Majority of clients, this is not an options, so we prove three of the seven secondary categories.

For O-1B filings (people involved in the Arts) they are:

  • Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
  • Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
  • Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
  • A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
  • Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
  • A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence

In future blogs, I will break down these categories further for you.  But, if you think in terms of the categories listed above, it will help you greatly when you start gathering your preliminary information/proof.

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The above information is general in nature and is not intended to be considered or relied upon as legal advice. You should always consult an attorney to determine if you are eligible to apply for adjustment of status or whether the potential reward of consular processing is worth any risk created by leaving the U.S.