We are a boutique law firm in Immigration and Nationality Law. We offer a wide range of immigration services to corporations, businesses, and families. San Jose immigration lawyer Inderjit Ahluwalia has experience and the expertise to handle any matter pertaining to immigration law. Our practice is based on sound concepts and practices to provide the quality legal representation our clients need at a low price. We assist clients from all over the world and all walks of life. Our offices are located in San Jose and Fresno, California.
We are proud of our professionalism and that most of our clients are referred to us by current or former clients who realize that we deliver exceptional advocacy in all areas of immigration law. We strive to achieve positive results for our clients. Every client, whether an individual or business, is very important to us and we give personalized attention to each of them. Our immigration services include:
In recent times, immigration has been in spotlight since the Department of Homeland Security has increased scrutiny and enforcement in the employment visa application process, making it harder for an employer to employ foreign workers. Recently the immigration officers have begun to perform unannounced “site visits” at business doorsteps nationwide to crack the visa fraud and abuse in applications for H-1B visas.
The H-1 visa history goes back to 1952, when it was made available for employees possessing distinguished merit and ability in a particular field. In 1990, Congress redesigned the program to H-1B, while adding series of protections to be enforced by the Department of Labor ensuring that foreign worker in H-1B status will get paid prevailing wages.
Under the current H-1B visa program, there are various agencies of US Department of Homeland Security involve in enforcing the laws and regulations. The two main agencies are U.S. Citizenship & Immigration Services (USCIS) and the Department of Labor (DOL). The DOL protects the foreign worker while ensuring that he/she receives the wages that an employer had attested under oath. Whereas, the USCIS confirms the job and the foreign worker’s visa eligibility to qualify under “Specialty Occupation”.
Our San Jose Immigration Attorney strive not only to help our clients overcome many legal issues and simplify the process but assist them to operate successfully in a world where immigration has no borders.
Our firm understands the complexities of immigration laws and their profound impact on an individual's life. We can help you overcome many legal issues and simplify the immigration process. Whether you are a foreign national seeking adjustment of status or change of status, a business or corporation considering filing a work visa or labor certification application (PERM) for your employee, a church planning to hire a religious worker, or you have been considering obtaining permanent residency by foreign investment into the United States, we can guide you through every aspect of your case. Call an immigration lawyer at our San Jose firm for a consultation to evaluate your situation.
U.S. Immigration laws and regulations are very complex. USCIS Policy, guidance and regulations that is applicable in one category may not apply in another. Additionally, there are various steps and challenges involved in processing certain non-immigrant visa applications through an American Consulate than it was to prepare for the USCIS. The intent of foreign national is one of the most important aspect in the immigration process as well. For an example, in an E visa situation, applicant has to be very careful while applying for the visa at the consulate. There are several elements the consulate pay attention to, including a residence in the homeland, to which applicant has no intention of abandoning. However, in an H-1B situation, applicant’s intention of abandoning his residence in the homeland is not an issue at all. The consulate usually gives a great deal of deference to the H-1B petition approval by the USCIS.
San Jose immigration attorney Inderjit Ahluwalia has broad experience in representing business executives and employers regarding various employment-based petitions (work visas) involving special skills or investment in the United States. He can assist you in determining what type of visa is required, corresponding to the purpose of your travel to the United States.
There are many visa pathways where a foreign national can migrate to the United States. There are more than 20 different visa categories including but are not limited to: H-1B work visa, L-1 intracompany transferees' visa, E treaty investor and treaty trader visa, E-3 visa for nationals of Australia, O-1 extraordinary ability visa, P visa for athletes, artists and traditional entertainers and TN professional visa.
A substantial number of foreign nationals obtain green cards through their family members residing in the United States. Family based immigration is divided in two categories: immediate relatives and family preference. The immediate relative of U.S. Citizen includes: spouse, parents and children under 21 years of age. There are unlimited immigrant visa numbers available each year for the immediate relatives of U.S Citizens. The family preference category includes spouse and unmarried children of lawful permanent residents and children over 21 years of age and siblings of U.S. Citizens. The family preference category has limited number of immigrant visas. Our immigration attorneys have experience in successfully representing U.S. citizens, or Lawful Permanent Resident (green card holder) sponsoring their family members for permanent resident status in the United States. In addition, we can assist you in obtaining temporary K-1 fiancée visa and K-3 visa for spouse of a U.S. citizen.
At The Ahluwalia Firm, our emphasis is on:
For further information about our ability to help resolve your immigration problems, contact immigration lawyer Inderjit Ahluwalia in San Jose for reliable advice.
A. An H-1B visa allows a professional to come to the United States to work temporarily in a specialty occupation. The position is considered a specialty occupation if it requires a Bachelor’s degree or higher and specialized knowledge. A U.S. employer is required to file a Labor Certification Application with the Department of Labor before hiring an H-1B worker and submit the certified application ("LCA") with the USCIS along with H-1B petition.
A. The term “cap” refers to the limit of H-1B visas issued every fiscal year. There is an annual limit of 65,000 for H-1B workers, subject to certain exceptions. Additionally, first 20,000 H1-B petitions filed for foreign nationals who have a U.S. Masters’ degree or higher are exempt from the 65,000 issued during the fiscal year.
A. An H-1B petition can be submitted to the USCIS six months prior to the start date of employment. It is advisable to submit the H1-B cap petition in the first week of April when USCIS opens window to accept new 65000 H-1B visa petitions.