Mario 'Sef' Jaimes

For those not selected in the H-1B lottery, Day 1 CPT can be a valid option to continue working, but it doesn’t come without some financial considerations and likely headaches for future immigration filings. Check out this post from my colleague below for more on this topic. ⬇️ #h1bvisa #usimmigration #opt #f1visa #cpt

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🌍 Cap exempt Employers for H-1B purposes Are you or someone you know looking to work in the U.S. under an H-1B visa? Great news! Certain employers are cap-exempt, meaning they can file H-1B petitions year-round without being subject to the annual visa cap. Cap-exempt employers typically include: (1) Institutions of higher education (2) Nonprofit organizations affiliated with higher education institutions (3) Nonprofit research or governmental research organizations This exemption can significantly speed up the process and open more opportunities for those aiming to work in specialized fields such as academia, research, and development. If you're considering an H-1B visa, check if potential employers qualify as cap-exempt. Consult with an experienced immigration attorney first about this - they can help to assess whether a potential Employer could qualify for cap-exemption. We have had success with this process for many non-profits affiliated with institutions of higher education (IHE) where an affiliation agreement exists and there is a mutually beneficial, active and ongoing relationship between the non-profit and the IHE.

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Post to my American counterparts (US Immigration Practitioners). Is there any hope of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 getting repealed? I am seriously sick of applying for B1/B2 just in case. I am sick of paying $185 USD for a B1/B2 every five years (yes, Australia’s reciprocity for B1/B2 is 5 years, used to be one!) on a just-in-case basis (since I have family members in the US I might need to visit on a short notice), where I could pay $21 USD every 2 years. I am sick of filling some very intrusive DS-160 forms and providing documents. I am sick of interview scheduling taking ages (fortunately now I am eligible for interview waiver for renewal, but still, and I am also not a big fan of posting passports where they could end up stolen in transit and used for nefarious purposes). And all of this because of a brief stint of work in one of the listed countries in 2012, all the while I had a cleared USCIS petition for an immigrant visa since 2010, and my two B1/B2s (both applied post 2012 btw, so the US Government knew about my stay in the said country) were both approved on the spot, despite “dual intent”, and despite the first B1/B2 was prior to becoming an Australian Citizen and was using my former passport, which scores way too low on the Henley index. The government needs to consider that a single visit to a country, having a grandparent born in a country, being born in a country that you left as a child, etc., does not increase any risk factors. Also consideration should be given to citizens of the Five Eyes. The US government probably knows way too much about me as it is! Furthermore, I cannot even fathom why they haven’t structured it in a way that anyone who is barred due to that, then subsequently obtains a B1/B2 and is admitted to the US and returns, should be exempt from further ESTA bars! What is the point if you have vetted the person already? #VisaWaiverProgram #USVisas

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When is form I-129 usually required, in relation to the employment of nonimmigrant workers? Form I-129 is used in a variety of circumstances related to the employment of nonimmigrant workers in the United States. Specifically, it is used in the following situations: 1. Initial Employment Petition: When an employer wants to hire a foreign national to come to the U.S. to work temporarily in a specific nonimmigrant visa category. 2. Change of Status: To change the status of a foreign national who is already in the U.S. from one nonimmigrant visa category to another, allowing them to start working in a different capacity or for a different employer. 3. Extension of Stay: To extend the stay of a foreign national who is already in the U.S. under a nonimmigrant visa category, allowing them to continue working beyond their original authorised period. 4. Amendment of Petition: When there are changes in the terms and conditions of employment (such as changes in job duties, job location, or salary) but the foreign national continues to work for the same employer. 5. Concurrent Employment: When a foreign national wants to work for more than one employer simultaneously, each employer must file a separate Form I-129. 6. Consular Notification: To obtain a visa stamp at a U.S. consulate or embassy abroad, allowing the foreign national to enter the U.S. to begin or continue employment. 7. Transfer of Employment: When a foreign national already in the U.S. on a nonimmigrant visa wishes to change employers, the new employer must file Form I-129 to transfer the employment authorisation. #USA #NonImmigrantVisa #ForeignWorker

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Searching for jobs after immigration as a legal professional is so complicated. I feel like I’m back in my twenties, except I’m not anymore, which makes me overqualified for many positions. On the other hand, coming from a different legal jurisdiction, I'm often considered unqualified. However, much of my past experience aligns with contract and compliance matters here.   Am I crying for myself being in this situation after nearly two decades as a lawyer, knowing I could easily have a managerial position in Iran? No, I’m not. - This situation gave me a second chance in life to see clearly that "being a lawyer" is not the whole who I am. It was a job I had, and may choose to have again. I also can choose to do something else, as I did for some months in a company in Canada. - I grow and thrive in the face of hard challenges. Throughout the past year and a half since immigrating, I've learned many new things. From fundamentals of the Canadian legal and financial system, to working with software whose names I had never heard. - I developed a deep philosophical approach to the life, which has made it much more meaningful to me. Somewhere between knowing that nobody really cares about you and experiencing the caring, loving, and helpful nature of people. A position mixed of having zero expectation from people, and deep appreciation of every single attention and help you receive. What does it mean? It means I've deeply realized that nobody really cares about your accomplishments or pains. So, do what you truly enjoy, not what you think seems good to do. And if you need help, there are such wonderful people out there to give you a hand. - I’m finding my outgoing self again. I’m becoming more comfortable with reaching out to people, initiating conversations, arranging meetups, and, wow, I’ve met and reconnected with such wonderful individuals. I've had joyful and fruitful conversations I never imagined could happen again in my life. In this chaotic world, it feels safer knowing that such kind-hearted people are also living in it. For many of those out there who I know are in the same position as me: Just hang in there. Jobs will come and go, and we’ll settle down again. What is life without finding another challenge after that?

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I have been recruiting for the state of California for over 4 years now. One of the most common mistakes I see in applicant pools is that candidates are submitting an incorrect version of the "Statement of Qualifications." I made a previous post recently about the most common mistakes I see in the application process, but this is a mistake that private *and* public sector employees are making when they are applying to CA. state jobs. It's an automatic DQ from the recruitment process if not done correctly, and I wanted to highlight what a "Statement of Qualifications" is for California state job seekers and hopefully help someone that may need it! Not every job will require this exercise, but it is important to read through the CalCareer job posting thoroughly and check the "Required Application Package Documents" section to ensure you are submitting all the required documents. I am including a screen shot here of a SOQ exercise for a great opportunity I am recruiting for to hopefully reach those who might not be doing this step correctly. You can see that there are specific directions as far as font and page length go. There are also specific questions that the hiring manager has listed on the job posting that they are requiring applicants to respond to. In the private sector we are used to a "summary of qualifications" which is similar to a cover letter or professional summary, but with the state it's different. Including some helpful resources here, but please feel free to reach out to me if you have questions or need help. That's what I am here for! How to write an SOQ: https://lnkd.in/gWby9Pu3 How to get a state job/tips (videos from Work4CA): https://lnkd.in/gBHk8fZF

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Fast Food Minimum Wage Increases Salaries for Exempt Managers By now, most Californians know that the minimum wage for many fast food workers increased to $20 per hour as of April 1st (No, it's not an April's Fools joke). What many don't know is that this also increases the minimum salary required for exempt managers. According to California law, managers at fast food spots must now make at least $83,200/year to keep their exempt status. The California Labor commissioner has already confirmed that covered fast food restaurant employers must use the higher $20 per hour rate set by the new law for their exempt employee calculations. So, what does this mean for employers? Time for a salary check! If you're in the fast food biz, make sure your exempt managers are getting the minimum salary required by law. Missing the mark could lead to costly claims and penalties. Stay informed, stay compliant! 💼💰 #MinimumWage #FastFood #CaliforniaLaw

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#13 Take Charge Monday:   Day1 CPT - Fast Track...or Risky Shortcut? The H-1B lottery is crushing for many, leaving students eyeing Day 1 CPT to stay in the US. But hold on! Before you jump in, let's clear the fog ️ on this option. Day 1 CPT: Sounds Easy, But Is It Right for You? Is Day 1 CPT legit? It can be, but beware! Shady schools exploit it, potentially harming your future H-1B chances. Always do your research! ️‍♀️ Legal, but Scrutinized:  Not inherently illegal, but expect extra scrutiny from USCIS later. Beware of fake promises: Not all schools are created equal or  offer legit Day 1 CPT. Do your research to avoid scams! ❌ School matters: Choose a reputable school with a Designated School Official (DSO) who can answer your questions. ‍🏫 H-1B Dreams Still Possible? Day 1 CPT doesn't kill your H-1B chances, but be prepared to document EVERYTHING.📃 Remember: Research thoroughly! Don't fall victim to scams. ‍✅ Talk to the DSO! Get clear information on program structure and hours. ️ Document everything! Keep detailed records while in the program. 📜 Day 1 CPT can be a path, but navigate it carefully! ➡️ Need a reliable source for info? Drop a comment or DM! Spread the word and help others take charge of their immigration journey! #Day1CPT #H1B #Immigration #KnowYourOptions #TakeChargeMonday #legalinsights #legalexperts #summitlegalinfo #summitlegal Atal Agarwal Aditi Paul, PhD Soundarya Balasubramani Julie Semple Tammy Fox-Isicoff Sameer Khedekar Tess Douglas Naren Khatwani Rahul Raj Palak Tiwari Vartika Parasramka Manish Bengani Ankur Aggarwal Naveen Kumar Suryansh K Karthik Prabakaran Purvansh J. Krishleen Kaur Hrushikesh Kansagara Nishita Chheda Shivani Kaka

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Remember the Seinfeld scene when Elaine talked to Jerry about FAKING IT 🤣 ? For years H-1B Lottery registrants used Elaine's idea and faked registrations with the USCIS . They were fake 😲 ?!! You are saying those were just duplicate and speculative filings? Yup. After this conversation, the the USCIS finally took notice and decided to make some changes this year so registrants like Elaine couldn't fake it over and over again 😎 (or at least as easily 😁 ). Those who got their H-1B lottery selections through fraud and multiple filings were like George Costanza ordering a large piece of cake. But now things are hopefully a little bit different. The conversation went something like this .... USCIS 🕵‍♂️ : You faked registrations with me? Registrants 👩‍💻: Yep USCIS 🕵‍♂️: With me? Registrants 👩‍💻: Well ... USCIS 🕵‍♂️: You faked with me? ... No?! Registrants 👩‍💻: Yeah USCIS 🕵‍♂️: You faked it? Registrants 👩‍💻: I faked it. USCIS 🕵‍♂️ : The whole production? All the registrations? It was all an act? Registrants 👩‍💻 : Not bad? USCIS🕵‍♂️ : What about the employer name? What about the job? What about the category? What about country of birth? Registrants 👩‍💻: Fake. Fake. Fake. Fake. USCIS 🕵‍♂️ : I'm stunned. I'm shocked. How many times did you do this? Registrants 👩‍💻: All the time 😄 . In the past at just $10 a registration it was pretty easy to fake it or at least find ways to put in many multiple registrations (through various notorious and nefarious means). This year if a company registered the same beneficiary twice, his/her registrations would all be invalidated (even if done by mistake). This year each potential beneficiary had to input their passport number and that passport would have to be used for the H-1B visa if selected. - The numbers appeared to be positive. Multiple/duplicate registrations were down over 80%. - Total registrations dropped almost 70,000 - H-1B selection rates were much higher, much closer to 25% than 15%. Next year the cost of H-1B registrations will go up from $10 to $210. Wow! The USCIS (aka Jerry) must have really gotten mad 😉 . Is this an overreaction or an overcorrection? Or was this necessary to increase the chances of legitimate H-1B sponsoring companies? Like George, can H-1B registrants have their cake and eat it too? * Full Disclosure, duplicate or potentially fraudulent H-1B registrations don't necessarily have fake information, just speculative filings. #immigration #globalmobility #pilots #aviation #h1b #h1bvisa #greencard

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In recent years there has been a variety of start-ups in the immigration space, with “platforms” that will make things easier and faster and cheaper. These are alternatives to lawyers. These are often based in SF or Seattle and started by immigrants. For the most part the phenomena doesn’t matter to me. I am a fan of competition. I am very comfortable with my firm’s market position and we generally have more work than we can handle (striking a balance is hard - we are up 50% YTD and it is starting to wear on the team but we did just pay out mid-year bonuses, but I digress…) ••• It amazes me how much incorrect information is just on their websites for people to see. At some point in the last couple months there was one of these groups that posted something very wrong and harmful. (They changed it after being shamed on this platform - and tried to laugh it off). The trouble is - immigration is not always ha-ha funny. You can really screw up people’s lives with wrong and bad information. ••• Pasted here is an excerpt from a website of one of these organizations (a different one) claiming that EB-1 leads to a 2-year conditional green card. That is just 100% wrong. Not even remotely a gray area. Just wrong. •••

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No one loves visits to the DMV, but Driver's License renewals can be especially challenging for foreign nationals living and working in the U.S. For example, an H-1B employee is legally authorized to continue working in the U.S. beyond the expiry of her most recent I-94 (the document that demonstrates one's nonimmigrant status) so long as an extension is timely filed by her employer. However, many, if not most DMVs do not permit these H-1B employees, who are unambiguously authorized to be in the U.S., to renew their driver's license. The same is true of green card applicants who, again, are generally legally authorized to remain in the U.S., until they receive an Employment Authorization Document, which can take 6-12 months! Even with a valid H-1B (or other nonimmigrant status) approval notice and I-94, many nonimmigrant workers are still routinely denied Driver's License renewals due to errors in the Systematic Alien Verification for Entitlements ("SAVE") system, which is the system DMVs use to verify immigration status. Indeed, even U.S. citizens can be subjected to the limitations of SAVE: Texas once denied me a Driver's License on the basis that my valid passport was "too new" to show in the system!! If encountering issues renewing or applying for Driver's licenses, it is often necessary to request to speak to a supervisor and, sometimes, to challenge SAVE's determination when inaccurate. You can read in detail about SAVE here: https://lnkd.in/grwJagiM However, there is a potential additional option that may help people in this situation! Many states have laws permitting undocumented foreign nationals to apply for a Driver's License. For instance, California has the AB 60 License and Illinois has the Temporary Visitor Driver's License ("TVDL") program. Although these laws were created to address individuals not legally authorized to be in the U.S., it may also be an option for those legally in the U.S., but who cannot demonstrate their status to the DMV's satisfaction. Hopefully some day DMVs will all align their licensing requirements with immigration rules so that foreign workers who are legally working in the U.S. pursuant to a nonimmigrant work visa, are also permitted to get a license (so that they may drive to their jobs, among other considerations)! In the meantime, for those legal nonimmigrant workers (H-1B, L-1, etc) who find themselves facing challenges in renewing their Driver's License, it may be worth checking state alternative licensing options, such as the AB 60 and TVDL programs. #h1b #driverslicense #dmv #immigration

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Tuesday Tip: If you are an employer that sponsors foreign nationals for green cards, starting earlier is better these days if you have to go through the PERM labor certification application process. The U.S. Department of Labor (DOL) processing times for PERM applications have gotten much longer in the past 6 to 12 months. • The DOL is currently taking about 6 months for a prevailing wage determination. • Recruitment takes about 2-3 months to complete. • The DOL is currently processing PERM applications (Form 9089) in 12-14 months. Together, the PERM application can take up to 24 months to get approved! There was a time when all of this could be done in 6-8 months. If there is an audit on the PERM application, then it gets much longer (almost double the time). These processing times, coupled with the visa bulletin backlogs in the employment second and third categories, necessitate starting the PERM process sooner than ever before. Questions? Please consult your attorney as to when a company should be starting PERM applications for its employees.

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I love this. I think authenticity is the wave of the future in the practice of law. I show up real and always have -- speaking the truth, plainly to clients, being unapologetic about the fact that yeah, when I'm working at home I am probably in a horror movie t-shirt and leggings not a suit, bringing my dog to the office (well, the one of them who will behave)....just being me. As a lawyer I am working a LOT so my life and job have to integrate as seamlessly as possible. #authenticity #lawpractice

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🚨 Important Notice for Business Leaders & HR Professionals 🚨 Companies Need to Hold H-1B Visa Information Sessions! In my recent consultations with various company owners, HR teams, and employees who have been selected in the H-1B lottery, I've noticed a common theme: many are unclear about what being selected actually means and what steps to take next - consulting an immigration attorney is the right thing to do, but you need to be doing it EARLIER in the process. This confusion might stem from the relatively low barrier to entry during the registration process—a topic that won't be debated here... 👩‍🏫 Educate Your Team: If your company is considering registering employees for the H-1B lottery, it's crucial to educate both your employees and HR/administrative staff about the process and what it means for your employees and their immigration status. Bringing in a knowledgeable immigration attorney can make a significant difference and alleviate a lot of anxiety...BEFORE registration! There is a lot that goes into building these cases (job/wage analysis...location...etc.) 💼 Why It Matters: You're running a business with top talent that you want to hire and retain...Don't let confusion and lack of information cause unnecessary scrambling. To ensure smooth operations and maintain your competitive edge, it's essential to understand the intricacies of the H-1B visa process before you enter your prospective employees into the lottery - and if you haven't done so - you need to consult with an expert ASAP - the deadline for filing is June 30th for most cases...Don't wait. ----------------------- Looking for assistance navigating the complex world of U.S. employment-based immigration? I specialize in supporting professionals and employers in innovative fields accomplish their immigration goals. Feel free to message me on LinkedIn or e-mail me at wdrasin@drasinlaw.com for personalized immigration assistance tailored to your professional needs.

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“As long as you say ____________ to the Visa Officer, you are guaranteed to get your U.S. visa approved.” This is one of the most common problems I used to see as a Consular Officer— when a visa agent (or some other misinformed person) advises the visa applicant to do something that could permanently ban them from going to the United States. The advice could range from lying or omitting information on their DS-160 visa application, to making up answers to the Visa Officer’s questions. Often times, what the lie is about is not actually important— but telling the lie has long standing consequences, and could even earn the applicant a lifetime ban to the United States. It is a devastating consequence for a foreign national. This is why Travis Feuerbacher and I created the ZF Visa Guides and our F-1 visa online course, so that students can get the best and most accurate information straight from the source— former Visa Officers who are licensed immigration attorneys. In this course, we meticulously go through how to prepare for success in the F-1 visa interview process. We dispel common myths and misinformation about the U.S. visa interview found on the internet, or often repeated by others who have no idea what they’re talking about. In one of the lessons, we complete a sample DS-160 visa application live so that you know how to properly fill out this form. There is so much good information in this training, from where you should apply for your visa interview, to discussing specifics, like your school, your finances, and your ties to your home country. We filmed this online course based upon our years of experience as former Visa Officers, and also as immigration attorneys who have helped countless international students succeed on their F-1 visa journey. We know the tried-and-true methods for how to communicate effectively with a Visa Officer. When it comes to the U.S. visa interview, make sure you know in whom you are putting your trust to guide you through the process. It is far too dangerous to go into your visa interview blindly and without expert guidance. Showing a screenshot of our training, below! www.zfvisaguides.com #F1visa #students #highereducation #formervisaofficers #visaexperts #immigrationattorneys

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It has never occurred to me to post this on LinkedIn, but maybe it’s helpful to someone who is feeling frustrated or who isn’t preparing themselves right for the immigration journey. It is HARD to come to the United States. Really, really hard. For a lot of people, even a tourist visa is out of reach, let alone a green card. Even when you’ve got a world-class education and tons to offer society in the United States, it’s still a huge challenge to actually qualify for legal status and receive it. There is simply no quick and easy way to acquire lawful status in the U.S. As in, quick and easy options are virtually nonexistent in our system. What’s my point? If you want this, be prepared for difficulties. Don’t look for the fastest option. Look for the option that is best suited for your experience and which offers you the most stability in your future. Understand that at some points you are going to have to be flexible with the rest of your life (e.g. family, travel, continuing education) if you want to take this path. The most successful clients I’ve worked with have understood this early on and have learned to move gracefully through the long and frustrating journey with a sense of appreciation for the options they do have. Much easier said than done, I know. But if you aren’t grounded in reality, you are vulnerable to so much more disappointment and frustration. And on the flip side, when you are aware of what an enormous feat it is to successfully immigrate, you will cherish your status in recognition of what you went through to get here.

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New Immigration Law Changes Announced for Spouses of U.S. Citizens President Biden has announced significant changes to U.S. immigration laws, introducing a new pathway for certain immigrants married to U.S. citizens who entered the country without formal inspection. Key Eligibility Requirements: - Residency Requirement: Individuals must have been in the U.S. for at least 10 years as of June 17, 2024. - Marital Status: Must be married to a U.S. citizen by June 17, 2024. - Legal Qualifications: No disqualifying criminal records or immigration violations. Moreover, stepchildren of U.S. citizens will qualify under these changes if the marriage to their parent was in place by June 17, 2024. Potential applicants should note that the application period has not started. USCIS will announce when applications will be accepted. Gathering necessary documents and seeking legal advice are essential steps to prepare for the upcoming application process. Stay informed for updates. If you or someone you know may be impacted, consult an experienced immigration attorney to understand your options and readiness for the application process.

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The eviction tsunami is swamping millions of residents and small business locations nationally. Traditional legal defense and ADR programs are not up to the task. The solution is early intervention, compassionate collaboration, and creating value for all disputants, delivered at scale, online and in person. Radical neutrality paired with technology can do this. Join leaders Carole Conn, Colin Rule, Rich Lee, Ellie K. Vilendrer, Winter L. Torres, myself and many others in making this happen. Please read my latest call to action on point: https://lnkd.in/gXZiJ8-b #innovation #realestate #disputeresolution #radicalneutrality

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