September 2013 Newsletter

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September 2013 Newsletter                               1-877-479-4USA

Employers: Hire Foreign Workers Even Though

H-1B Cap Reached, In Some Cases 65.jpg

Although the 2014 fiscal year H-1B visa cap has already reached last April, you can still hire new H-1B visa employees so long as they are not subject to the H-1B visa cap. The USCIS will still process your H-1B visa petition in the following cases, which have already been counted towards the cap:

  • Extension of status of an employee who already has a valid H-1B visa or status
  • Change of employment terms for a current H-1B visa employee
  • H-1B visa worker who wants to change employers
  • H-1B visa worker who wants to work in a second concurrent position

In addition, you may also file a cap-exempt petition for a new H-1B visa employee who will be "working at" an institution of higher education or related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization. Please remember that the work does not have to be full time at any of these enumerated organizations. Click here to learn more about this. Consider that if an H-1B visa is not feasible or desired, alternative visas may be available, such as:

  • TN visa for NAFTA for Canadian or Mexican Professionals
  • E-3 visa for Australian Citizens in Specialty Occupation
  • O-1 visa for Extraordinary Ability
  • L-1A & L-1B visas for Intracompany Transferees
  • H-3 visa for Trainee or Special Education Exchange Visitor
  • J-1 visa for Exchange Visitors

Contact us for details and to check eligibility requirements.

The Law Firm of Shihab & Associates Announces New Branch Office on Columbus' West Side 66.png

We are delighted to announce that The Law Firm of Shihab & Associates has expanded to open a new branch office in Columbus in addition to our corporate headquarters located downtown. The new office is located on Columbus' west side in the West Broad Plaza at 4195 West Broad Street. Our new office continues to serve the Latino community, and our attorneys and staff are fluent in Spanish. Let us introduce Attorneys Barbara M. Fernandez and David P. Dentinger, who are serving at our new location.

In addition to these locations, our law firm maintains satellite offices in Cleveland OH, Southfield MI, and Washington DC.

It will be our pleasure to serve you at our new location with the same quality and service you have come to expect. We invite you to come visit us soon!

Gus Shihab to Speak at the 9th Annual Legal Update Conference & Monthly Meeting 74.jpg

Attorney Gus Shihab will be one of the speakers at the annual Human Resource Association of Central Ohio (HRACO) seminar this year on October 8th. His presentation is titled "Immigration Update and Strategies for Effective Corporate Compliance," and will cover the impact of comprehensive immigration reform bills being proposed in Congress on businesses, how to create a bulletproof corporate immigration compliance culture and practices to avoid civil and criminal liabilities, avoiding audits through proper E-Verify, I-9 regulatory compliance responsibility strategies, compliance issues for non-skilled labor and the doctrine of constructive knowledge, and compliance issues for highly skilled labor including H-1B public access and green card compliance record-keeping requirements. Click here for details

Don't Qualify for an H-1B Visa?

Get an L-1 Visa Instead!


Unlike the H-1B, the L-1 does not require an approved labor condition application (LCA) from the US Department of Labor, there is no prevailing wage requirement, and there is no annual limit on visas and no visa cap deadline. If you qualify for the L-1A visa category, you can even get your green card without having to go through the PERM labor certification process first.

Contact us to see if you qualify!

Still No Premium Processing for Multinational Executives/Managers I-140s, But Expedited Processing May Be Possible


The USCIS Nebraska Service Center has advised that there is still no premium processing service available for EB-1 Multinational Executives/Managers (Form I-140). It is unknown when it will become available.

However, expedited processing may be requested if one of the following conditions exist:

  • severe financial loss to company or individual
  • extreme emergent situation
  • humanitarian situation
  • nonprofit organization in furtherance of cultural and social interests of U.S.
  • Department of Defense or National Interest situation (note: the request must come from the government for this category)
  • USCIS error
  • compelling USCIS interest

Contact us for more information on expedite requests.

US Consulates No Longer Accept Paper Green Card Applications: Filing Is Now Online


Effective September 1, 2013, the paper DS-230 green card application form used by the US consular offices abroad has been replaced with electronic form DS-260. If you are eligible for a green card and are planning to do consular processing outside the United States, don't show up at the consulate with a paper form or else it will be rejected unless you are a diversity visa applicant or a Cuban family reunification parole applicant.


Gus Shihab, Esq.

In This Issue

Employers: Hire Foreign Workers Even Though H-1B Cap Reached, In Some Cases

Shihab & Associates Announces New Branch Office on Columbus' West Side

Don't Qualify for an H-1B Visa? Get an L-1 Visa Instead!

Still No Premium Processing for Multinational Executives/Managers I-140s: Expedited Processing May Be Possible

US consulates no longer accept paper green card applications: Filing is now done online

Shihab Immigration Blog


Follow the Shihab Immigration Blog for up-to-date analysis and interpretation on the visa and immigration law issues and processes.

US Immigration laws are currently in state of constant flux and change. Visit the Shihab Immigration Blog at least once a week to keep abreast of this complex and ever changing area.

Call our law firm today for a free in depth analysis of your immigration law issue.



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Meet Our

Legal Team

Gus Shihab, Esq.
The Law Firm of Shihab & Associates, Co., LPA
877-479-4USA (4872)

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