In this episode, I discuss the J-1 visa for interns and trainees. The J-1 can be used for a variety of cultural exchange programs, and provides a pathway for foreign nationals to visit the United States to teach, study, conduct research, or receive on the job training. I spoke with a Senior Associate of People Operations and a Product Design Intern from Verkada, a fast-growing startup in the Bay Area, about their experiences with the J-1 visa program. They share insights on recruiting interns from internal schools, confirming that the intern is eligible for the J-1 visa, and the overall intern ..read more

In this episode, we discuss options for foreign nationals on temporary employment-based visas whose employment has been terminated or who are concerned about possible termination.   For common employment-based visas, including the H-1B, E, L, O and TN, employees have 60 calendar days from the last day of employment to find a new employer that can sponsor them for a visa or to apply for a change of status. I spoke with Leyla Mostafavi, an associate at my firm, on factors to consider when finding a new job, exact timing of the grace period, and options to consider if the empl ..read more

In this episode, I discuss the requirements for getting a green card based on extraordinary ability.  I invited a former client to share his experience with this process, including tips for when to get started, building a portfolio of evidence, deciding between self or employer sponsorship, and responding to a request for evidence ..read more

In this episode, we will discuss how employers should test the US labor market in order to sponsor a foreign national worker for permanent residence ("green card").  I interview a former DOL attorney who worked at the agency for over 30 years before retiring to get his expert insights on the most common reasons for denial of the applications to fill a position with a foreign national worker, what options employers have to overcome these denials, and the challenges employers face today in testing the US labor market.  ..read more

DACA was introduced by the Obama administration in June 2012 as a temporary program until Congress could pass a law that would provide a pathway to citizenship for foreign nationals who had been brought to the United States as young children and who had been living here without authorization ("Dreamers").  The program stands for Deferred Action for Childhood Arrivals. Since its introduction, DACA has been at the center of several hotly contested lawsuits. The legal battle recently enjoyed a victory at the US Supreme Court, which found that the Trump administration's decision to end the pr ..read more

Many foreign nationals seeking employment in the United States are nervous about discussing the need for visa sponsorship.  I wanted to get the inside scoop on how job-seekers can make their applications and profiles stand out, and overcome employer resistance to visa sponsorship.  I decided to interview an extremely seasoned professional recruiter who has 30 years of experience to tell me what she looks for in candidates, how she finds them, and how to approach the need for visa sponsorship during the interview process.   ..read more

Many foreign nationals have a strong entrepreneurial spirit and are looking to apply their skills, education, talent and hard work to building their own business.   If you want to start a company in the United States, this episode of Inside Immigration covers topics such as selecting the right legal structure for your business, where to incorporate, and the latest rules on engaging independent contractors in California.   Nadia interviews seasoned corporate attorney, Jonathan Saben, who has over a decade of experience helping startups, emerging companies, and nonprofits for ..read more

There are nearly one million people in removal proceedings (also known as deportation proceedings) across the United States at this time.  The consequences of a removal order are serious: notably a ten-year bar to return.  It's important for foreign nationals and their lawyers to understand what to expect during this process and how to effectively advocate for themselves.  In this episode of Inside Immigration, former Immigration Judge Carol King of the San Francisco Immigration Court talks with me about how removal proceedings work, some common mistakes applicants and their att ..read more

Meet Jen and Simo in this episode of Inside Immigration who describe their first meeting in Italy five years ago, and Simo's journey to permanent residence and citizenship in the United States after they got married.  They talk about their decision to apply for Simo's immigrant visa at the US Consulate in Italy instead of adjustment of status in the United States, and some of the issues Simo faced when he traveled internationally,  had his biometrics done, and applied for a California driver's license.  ..read more

Asylum is a form of legal protection in the United States for individuals who are fleeing harm in their home country and who are afraid to return there.  In this episode of Inside Immigration, I interview former asylum officer, Kusia Hreshchyshyn, about the requirements for asylum, how to apply, and what to expect at the interview and after.  ..read more