NY Immigration lawyer

12/20/2013

Bhagwati & Associates, PLLC.Bhagwati & Associates, PLLC. is a premier Law Firm that was founded by  Vijay Bhagwati  with a stated Mission and focuses primarily on practice of laws in the areas of...

09/08/2013

As we approach H1B 2014 quota period, Neufeld’s memo continues to haunt H1B employers . Hardly any day goes by when we at our firm don’t receive phone calls from our corporate clients seeking to...

09/08/2013

 Beginning November 28, 2009, U.S. immigration law will apply to the Commonwealth of the Northern Mariana Islands (CNMI) and the Guam-CNMI Visa Waiver Program will be in effect. Until then, the...

09/03/2013

What is H1B?

An H-1B temporary worker is an alien admitted to the United States to perform services in a “specialty occupation”.

The H-1B nonimmigrant classification is a vehicle through which qualified aliens may seek admission to the United States on a temporary basis to work in their fields of expertise. Prior to employing an H-1B temporary worker, a U.S. employer must first file an H-1B petition with USCIS. However, while USCIS is responsible for evaluating an alien’s qualifications for the H-1B classification, approval of an H-1B petition does not equate to admission of the alien to the U.S. in H-1B status.

The Department of State (DOS) plays a vital role in the H-1B admission process. Prior to filing the H-1B petition with USCIS, the U.S. employer must first file a Labor Condition Application (LCA) with the Department of Labor (DOL) specifying the job, salary, length and geographic location of employment. In addition, the employer must agree to pay the alien the greater of the actual or prevailing wage for the position. Once DOL approves the LCA, the U.S. employer may file the H-1B petition with USCIS.

08/17/2013

O-1 Visa: Individuals with Extraordinary Ability or Achievement

http://www.bhagwatilaw.com/o-1-visa-individuals-extraordinary-ability-or-achievement

Who may be eligible for O-1 visa?

You may be eligible for an O-1 nonimmigrant visa, if you posses extraordinary ability in science, business, education or athletics and have been recognized nationally or internationally for those achievements. You may also be eligible if you possess extraordinary ability in the arts or have attained extraordinary achievement in the motion picture or television industry.

You may be eligible for an O-1 nonimmigrant visa, if you posses extraordinary ability in science, business, education or athletics and have been recognized nationally or internationally for those achievements. You may also be eligible if you possess extraordinary ability in the arts or have attained...

06/08/2013

What is H-2B Visa?
For more info Plz. visit http://www.bhagwatilaw.com/what-h-2b-visa

The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. As of FY 2010, an H-2B petition may not be filed more than 120 days before the date of the actual need for the H-2B worker's labor/services identified on the labor certification. As a result, USCIS normally begins receiving H-2B petitions with employment start dates in October and April.
What is the H-2B numerical limit set by Congress?

The H-2B numerical limit set by Congress per fiscal year is 66,000, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the numerical limit. An alien who changes nonimmigrant status to H-2B is counted against the annual H-2B cap.

The Firm represents corporate houses and individuals is well equipped to handle any complex problem facing the clients and provide them with the best solutions within the parameters of prevalent law.

05/15/2013

P-1B A Member of an Internationally Recognized Entertainment Group
Who qualifies for P-1B Visa?
The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. At least 75 percent of the members of your group must have had a substantial relationship with the group for at least one year. This one year requirement does not apply to circus performers and essential circus personnel.
Your entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.
Note: Individual entertainers not performing as part of a group are not eligible for this visa classification.
What is the Application Process?
Your U.S. employer must submit:
Form I-129, Petition for a Non-Immigrant Worker
A consultation from an appropriate labor organization regarding the nature of the work to be done or a statement proving that the group has been established and performing regularly for a period of at least one year (If no appropriate labor organization exists, this requirement is excused)
What Supporting Documents are needed?
Form I-129 must include the following documents:
Written consultation from an appropriate labor organization
Itinerary with the dates and locations of the performances
Evidence that your group has been established and performing regularly for at least one year
Statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group
Evidence that your group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of your group's receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least three of the following:
1. Your group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements
2. Your group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material
3. Your group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials
4. Your group has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications
5. Your group has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field
6. Your group has commanded and will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field, as evidenced by contracts or other reliable evidence
What is the Period of Stay/Extension of Stay?
Initial Period of Stay: It is time needed to complete the event, competition or performance, not to exceed 1 year.
Extension of Stay: Extension of stay can be granted in Increments of up to 1 year in order to continue or complete the event, competition or performance.
The Form I-129 is used to apply for a change of status, extension of stay, or change of employment.
Can P-1B visa holder Change employer?
You may change employers, but only after your new employer has filed a new Form I-129 with USCIS requesting permission to employ you and extend your stay. You may not commence employment with the new employer until the Form I-129 has been approved.
Can dependants of P-1B Visa Holders accompany P-1B visa holder to the United States?
Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.
Essential Support Personnel
Essential Support Personnel who are an integral part of the performance of a P-1 entertainer(s) and who perform support services which cannot be readily performed by a U.S. worker, are eligible for P-1 classification. Support personnel include front office personnel, camera operators, lighting technicians and stage personnel.
The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:
A consultation from an appropriate labor organization
A statement describing the support person’s prior and current essentially, critical skills and experience with the P-1 entertainer(s)
A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed.
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Bhagwati & Associates, PLLC.
New York Office
450 Seventh Avenue
30th Floor, Suite 3002
New York, NY 10123
Phone: (646) 380-8172
Fax: (212) 504-2774

Bhagwati & Associates, PLLC.
New Jersey Office
1588 US Highway 130
North Brunswick,
NJ-08902
Tel:(732) 853 0791
Fax:(732) 328-2727

The Firm represents corporate houses and individuals is well equipped to handle any complex problem facing the clients and provide them with the best solutions within the parameters of prevalent law.