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The Vassell Law Group Immigration PodCast

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Content provided by The Vassell Immigration Law Group. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Vassell Immigration Law Group or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
We cover various Immigration topics from the client perspective and the attorney perspective without all the hype and misinformation.
  continue reading

52 episodes

Artwork
iconShare
 
Manage series 2377231
Content provided by The Vassell Immigration Law Group. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Vassell Immigration Law Group or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
We cover various Immigration topics from the client perspective and the attorney perspective without all the hype and misinformation.
  continue reading

52 episodes

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The Vassell Law Group Immigration PodCast
The Vassell Law Group Immigration PodCast podcast artwork
 
The H-1B visa program continues to evolve, and 2025 brings significant changes that will impact both employers and applicants. Whether you're an employer looking to hire skilled foreign workers or a professional hoping to secure an H-1B visa, our U.S. Immigration lawyers can help you understand these updates that are crucial for a successful application process. H-1B Visa Changes Effective as of 2025: What You Need to Know The H-1B visa program continues to evolve, and 2025 brings significant changes that will impact both employers and applicants. Whether you're an employer looking to hire skilled foreign workers or a professional hoping to secure an H-1B visa, understanding these updates is crucial for a successful application process. Here’s what you need to know about the key changes coming to the H-1B program in 2025. Beneficiary-Centric" Selection Process: A Fairer Lottery System One of the biggest changes to the H-1B visa lottery system is the shift to a "beneficiary-centric" model. In previous years, multiple employers could submit registrations for the same individual, increasing that person's chances of being selected. This led to an imbalance, where some applicants had significantly higher odds of selection than others. With the new system: Each applicant will be counted only once, regardless of how many employers submit registrations for them. If selected, all registered employers will have the opportunity to file a petition for the beneficiary. This change is aimed at preventing fraud and ensuring a fairer selection process. Specialty Occupation Standard Becomes More Flexible Previously, proving that a job qualified as a "specialty occupation" under the H-1B program was a rigorous and difficult process, leading to many denials. The new changes make it easier for employers to demonstrate that a position meets the specialty occupation requirement. The updated standard provides more flexibility in defining what qualifies as a specialty occupation. This is great news for industries like tech, healthcare, and engineering, where specialized knowledge is crucial but has historically been challenging to prove under prior standards. Higher Fees for H-1B Registration and Filing If you’re applying for an H-1B visa in 2025, be prepared for higher fees. The H-1B registration fee has increased from $10 to $215 per application. In addition, filing fees for petitions have also gone up. Employers should budget accordingly and plan for these changes in their hiring strategies. More Flexibility for H-1B Start Dates In previous years, H-1B petitions had to request an October 1 start date, which sometimes caused issues for employers who needed more flexibility in their hiring timelines. The new rule eliminates this restriction, allowing employers to request a start date after October 1. This means employers can align start dates more closely with business needs, improving workforce planning. Stricter Measures to Prevent Fraud and Misuse USCIS is implementing stronger integrity measures to ensure the legitimacy of H-1B registrations and filings. Employers must provide a valid passport or travel document for each beneficiary. USCIS may deny or revoke petitions if it finds false information, duplicate registrations, or invalid payments. The new system aims to restore trust in the H-1B process and eliminate fraudulent activity. Final Thoughts: How to Prepare for H-1B Season With these significant changes, preparation is key. Employers and applicants should: Understand the new beneficiary-centric system to avoid duplicate registrations. Prepare strong documentation to meet the revised specialty occupation standards. Budget for higher fees and stay ahead of filing deadlines. Ensure compliance with USCIS’s stricter fraud prevention measures. These updates aim to make the H-1B process fairer and more transparent, benefiting both skilled workers and the businesses that need their expertise. Are you ready for the H-1B season? If you have questions or need assistance navigating the new changes, feel free to reach out!…
 
In today’s unpredictable immigration landscape, a temporary Federal Hiring Freeze is leaving many non-immigrant visa holders—whether you're an H-1B professional, an F-1 student, or a J-1 participant—grappling with uncertainty about your future in the United States. With government agencies and many companies slowing or halting new hires, the question looms large: How can you remain and thrive in the U.S. amid these challenges? The anxiety is real—from the potential disruption of your family’s life (imagine having to pull your children out of school) to the stress of being forced to return home without a clear plan. “The federal hiring freeze has created significant roadblocks for many agencies and companies, leaving foreign professionals in limbo as they await further opportunities.” – Reuters The Challenge at a Glance The hiring freeze isn’t just a minor setback—it’s a major obstacle affecting your ability to secure or extend your work visa. In essence, the freeze places H-1B, F-1, and J-1 visa holders in a precarious position, jeopardizing your opportunity to remain in the United States. Yet, there is hope. Our Legal Solution: Your Key to Unlocking the Riddle Our experienced immigration lawyers specialize in navigating these turbulent waters. We understand the complexities of the current hiring freeze and offer tailored legal solutions that can help you bridge your status, change your visa category, extend your current status, or explore alternative employment opportunities. Our goal is simple: to ensure that you can continue to build your life in the United States despite the obstacles. Step-by-Step, We Solve the Riddle for You Evaluate Your Current Status: We start by assessing your unique situation—whether you hold F-1, H-1B, or J-1 status—to understand precisely how the hiring freeze is affecting you. Develop a Customized Legal Strategy: Drawing on our deep knowledge of immigration law and the latest policy updates, we craft a personalized strategy. This may involve filing for an extension, changing your status, or exploring alternative visa options that better suit your circumstances. Review Your Background: We take a close look at your education, skills, work experience, and overall background. This comprehensive review allows us to determine the best immigration path for you and your family. Don't Let the Hiring Freeze Hold You Back The immigration riddle may appear daunting, but with the right legal guidance, it can be solved. If you’re an F-1 student, H-1B professional, or J-1 participant impacted by the Federal hiring freeze, now is the time to act. Contact our law firm today to schedule a consultation. Let us help you bridge your status and explore alternative visa options, ensuring you avoid accruing unlawful presence or being forced to depart the United States under current regulations. Time is of the essence—reach out now and take the first step toward securing your future.…
 
Part I: Understanding the Serious Consequences of Criminal Charges for Non-Citizens Life is unpredictable. Over the years, our Immigration attorneys have stepped in to help F-1 international students, young professionals, and non-immigrant visa holders (such as H-1B or L-1 holders) who, in a moment of poor judgment, found themselves facing a criminal charge. Depending on the specific offense, it could be classified as a crime involving moral turpitude (CIMT) or even an aggravated felony under U.S. immigration law. These are very technical legal terms with serious implications. Our firm collaborates closely with criminal defense counsel to mitigate potential immigration consequences of charges like DUIs, reckless driving, domestic disputes, larceny/theft, or drug possession. Without coordinated efforts between an experienced immigration lawyer and a criminal lawyer, non-citizens risk deportation or inadmissibility—and even a denied U.S. citizenship application can lead to removal proceedings. When a U.S. citizen faces criminal trouble, the focus is typically on reducing or avoiding jail time. However, for a permanent resident or non-immigrant, a criminal conviction can trigger immigration penalties, including removal from the United States. In the landmark decision Kentucky v. Padilla, the Supreme Court recognized that non-citizens face a “major life-altering” risk of deportation for certain criminal convictions. The Court instructed criminal lawyers to refer their non-citizen clients to immigration attorneys, underscoring the complexity and gravity of these issues for foreign nationals. Part II: Crimes Involving Moral Turpitude—Key Points and Legal Analysis Below is an overview of Crimes Involving Moral Turpitude (CIMTs) and the related legal considerations for non-citizens facing criminal charges. Our strategy is to first determine whether the crime is a CIMT and then assess any aggravated felony issues. Early identification of these factors can significantly impact defense tactics and immigration outcomes. Definition and Significance of CIMTs A Crime Involving Moral Turpitude is generally defined as conduct that is inherently base, vile, or depraved, and contrary to accepted moral standards. Under federal regulations, classification as a CIMT often hinges on intent and willfulness—in other words, whether the action demonstrates moral depravity or a fraudulent intent. If a non-citizen commits a CIMT within five years of obtaining lawful permanent resident status (or if multiple CIMTs occur at any time), they could face increased scrutiny or direct placement in removal proceedings. Examples of Offenses that May Constitute a CIMT Theft and Larceny: In many cases, crimes involving theft or larceny are deemed CIMTs, as they involve intentional taking of property with the intent to permanently deprive. Burglary: Depending on the jurisdiction and the underlying facts, burglary—especially when it involves unlawfully entering a property with intent to commit a crime—may be classified as a CIMT. Fraud and Money Laundering: Crimes that center on deceit, misrepresentation, or an intent to commit financial harm typically fall under CIMT because of the element of fraud. False Statements: Lying or using deception (for instance, to obtain a benefit) can be seen as morally turpitudinous. Falsely Representing a Social Security Number: Misuse of Social Security numbers, especially with fraudulent intent, is also frequently categorized as a CIMT. Why Classification Matters A CIMT can lead to inadmissibility or deportability, placing non-citizens’ ability to remain in or return to the United States at risk. Even if jail time is avoided, the immigration consequences—such as denial of admission at a port of entry, revocation of a visa, or inability to adjust status—can be dire. An aggravated felony classification carries even harsher immigration penalties, including near-certain removal with limited relief options. Immediate Steps to Take Seek Qualified Representation: Non-citizens facing criminal charges should promptly consult both a criminal lawyer and an immigration attorney to ensure a coordinated defense strategy. Assess Potential Immigration Consequences: Work with immigration counsel to understand if the specific charge might be considered a CIMT or aggravated felony under immigration law. Explore Mitigating Options: Depending on the jurisdiction, certain plea arrangements or charge reductions can help reduce or eliminate the immigration risks. Maintain Documentation: Keep detailed records of all communications, court dates, and documents related to the criminal charge, as these will be crucial in assessing the potential immigration impacts. Concluding Thoughts Facing a criminal charge in the United States is serious for anyone, but for a non-citizen, the repercussions can be life-altering. Even a relatively minor offense could trigger deportation or inadmissibility. Since Crimes Involving Moral Turpitude and aggravated felonies carry severe immigration penalties, it is critical to involve an experienced immigration lawyer as soon as possible. Our immigration attorneys have extensive experience guiding international students, foreign professionals, and non-immigrant visa holders through these highly technical areas of the law. We work closely with criminal defense counsel to safeguard your future in the United States and help you make informed decisions about your legal options. If you or someone you know is a non-citizen charged with a crime—no matter how minor it may seem—please reach out to us immediately. Early intervention can make a profound difference in protecting your legal status and your long-term goals in the United States.…
 
Elon Musk recently set off another firestorm by criticizing U.S. immigration policy—specifically the H-1B visa program. In a CBS interview, Musk lamented the “dire shortage of extremely talented and motivated engineers,” warning that if America turns away the best global talent, it risks losing its competitive edge. As a seasoned business and immigration attorney (with the bonus perspective of both Canadian and U.S. citizenship), I’m often asked if Musk is right. Is the annual H-1B lottery hurting America’s ability to recruit top professionals? The short answer: It depends on your industry, your hiring strategy, and the position you’re filling. But one thing’s certain—if you want to attract the best from around the globe, you need a smart approach to navigating the visa system. Below are 4 proven tips to boost your chances of landing work visas for foreign national employees, especially if you’re aiming for the highly sought-after H-1B. Whether you’re in tech, healthcare, education, or beyond, these insights can keep your organization ahead of the pack. 1. Maximize F-1 (Student) Opportunities If you plan to hire recent grads on an F-1 visa, leverage Optional Practical Training (OPT) to its fullest. OPT provides up to 12 months (with a 24-month extension for STEM degrees) of work authorization, allowing the foreign national to work in their field while waiting for the H-1B lottery. 2. Check for Cap Exemptions Certain organizations, especially nonprofits, universities, and government research institutions—may be exempt from the H-1B visa cap. A cap-exempt H-1B can be filed year-round, freeing you from the pressure of the springtime lottery. 3. Create a Multi-Visa Backup Plan Don’t put all your eggs in one basket. Have a Plan A, Plan B, and Plan C for your foreign hires. Missing the H-1B lottery doesn’t have to be a deal-breaker. Depending on your company’s structure, L-1 (intracompany transfer) or O-1 (extraordinary ability) visas might be viable alternatives. For seasonal work, the H-2B or an H-3 training visa could be your next best bet. 4. Consider Seasonal and Training Visas Assess whether H-1B is really your best option—especially if your needs are seasonal or primarily training-focused. If your company’s workload ebbs and flows or requires specialized on-the-job training, the H-2B (for temporary non-agricultural work) or the H-3 (training visa) might be more efficient. The H-1B lottery can feel like a gamble, especially for sought-after roles in tech and engineering. But for savvy employers, a well-informed approach—complete with multiple visa options and backup strategies—makes all the difference. There’s an entire ecosystem of work visas beyond H-1B that can help you build a global, cutting-edge team. Ready to Boost Your Visa Success Rate? Don’t let the complexities of the immigration system stop you from hiring the best talent around the world. I have navigated (and mastered) this landscape for over two decades and our law firm offers a free 15 minute consultation. With expert guidance, the U.S. immigration process can be manageable—maybe even simpler than landing on Mars, Elon. Let’s get your company set up for success in the visa realm so you can stay laser-focused on what truly matters: growing and innovating in today’s global marketplace. We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703)966-0907. B&E Capital – Vassell Law Group, PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers (AILA).…
 
J-1 Cultural Exchange Visas often come with a 2-year residency requirement pursuant to Sec.(212)e of the Federal Regulations. Foreign Nationals holding such J-1 visas, often get trapped applying and waiting for an I-612 to be approved, before moving to file for change of status or adjustment of status with U.S. Citizenship & Immigration Services (“USCIS”). I will share three essential tips our immigration lawyers use to successfully navigate changing our clients J-1 visa status to a new work visa status; or adjusting clients to a U.S. Permanent resident status, notwithstanding a pending I-612 waiver.…
 
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The Vassell Law Group Immigration PodCast
The Vassell Law Group Immigration PodCast podcast artwork
 
Historically nurses were not allowed to get work visas through the H1-B visa work program due to educational requirements. The U.S. Department of Labor had set the standard requirements for nurses at a two-year associate's degree level. In contrast, to be eligible for an H-1B visa the profession must require a 4-year degree minimum. Our Immigration lawyers have worked with nurses, occupational therapists and physical therapists for over 25 years; and all three professions continue to be deemed ‘in shortage’ within the United States according to the Department of Labor (DOL).…
 
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The Vassell Law Group Immigration PodCast
The Vassell Law Group Immigration PodCast podcast artwork
 
Parole In Place is an application based on humanitarian relief principles. In this blog post, I will explain the PIP facts so you don’t have to get news through the grapevine. First, it’s important to note that U.S. Citizenship & Immigration Services began accepting PIP applications on the 19th of August 2024. Since then, a Federal District Judge has issued a temporary stay against the legal relief for 14 days. What does this mean? Can you still file for PIP? -- The answer is yes absolutely. U.S. Citizenship & Immigration Services has made it clear that they are still accepting applications over the next 14 days. After the 14-day period, it is unknown what will happen next.…
 
With the entire landscape of Media being transformed and redefined within the last two decades, our immigration lawyers frequently have the pleasure of representing creatives around the world. Our clients include individual creatives, social media teams and traditional production companies who provide informational and/or entertainment content to the public. In this podcast we briefly discuss different visas that must be matched to the 'exact intent and purpose' for your visit. We will explore the L visa, B-1 business visa, H-3, and the I visa.…
 
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The Vassell Law Group Immigration PodCast
The Vassell Law Group Immigration PodCast podcast artwork
 
Our law firm is experiencing an unprecedented trend! We have been representing clients in U.S. Immigration matters for over 25 years. Recently, we have noticed an unprecedented trend in 2024. Our clients who are eligible for Naturalization/ Citizenship in the United States are getting approved in less than 3 months. While it's a great time to apply for U.S. Citizenship, it's very important to check off the boxes mentioned here to ensure one's eligibility; and seek out an experienced immigration lawyer to answer complex questions to the USCIS officers in the representation of your N-400 during the interview and application process. To schedule an initial 15 min free citizenship screening with our lawyers, you may contact us at info@vasselllaw.com. We represent clients throughout the United States.…
 
If you or someone you know is a non-citizen of the United States working in OPT F-1 status, as a J-1 au-pair, or is an asylum seeker who may be subject to a hostile or toxic work environment, please know you have rights. Labor laws and Trafficking laws not only protect non citizens, but in some cases reporting intolerable work conditions to the proper authorities may be a path to U.S. Permanent Resident Status. The United States takes a strong stand against Labor trafficking; and foreign nationals working in the United States may seek protection under the T visa laws. Our immigration lawyers have filed T visas along with Green card applications for many individuals subject to abuse by his or her employer.…
 
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The Vassell Law Group Immigration PodCast
The Vassell Law Group Immigration PodCast podcast artwork
 
The H-1B visa season is here again, and registration begins in less than a month! This is the most sought-after practical work visa for professionals holding 4-year bachelors’ or advanced degrees seeking work with a U.S. employer. U.S. employers seeking global talent to fill ‘specialty’ occupations in their company should begin working with an immigration lawyer early. The rules surrounding the H-1B visa process are complex, and most issues can be resolved early in the year before registration. Congress sets a yearly cap on H-1B visas. Only 65,000- 80,000 visas are issued each fiscal year. There are exceptions to the cap, which are not discussed in this podcast. Rather, this podcast discusses essential tips to successfully navigate the H-1B visa lottery selection process.…
 
Employment Based work visas can be volatile; and taking charge of one’s visa status is more important than ever in this economy. If you hold an H-1B visa, approved I-140 petition by a U.S. employer and/or have a pending Employment Based Green Card; it is important to understand how the actions of your company can make or break your U.S. status and immigration goals.…
 
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The Vassell Law Group Immigration PodCast
The Vassell Law Group Immigration PodCast podcast artwork
 
The B-1 and B-2 visa has mistakenly been limited and labeled as the ‘Tourist visa’. However, it is better referred to as the Visitor visa, which extends way beyond the purpose of touring the United States. Rather, the purpose for which a Foreign National can visit the United States or change visa status to a Visitor in the U.S. is vast.…
 
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The Vassell Law Group Immigration PodCast
The Vassell Law Group Immigration PodCast podcast artwork
 
Applying to adjust one’s status in the United States to a Permanent Resident is an exciting experience. The question often arises, “Should I still keep my non-immigrant visa current since I have my employment authorization (EAD), and I’ll soon be a Permanent Resident”? The answer is yes!
 
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The Vassell Law Group Immigration PodCast
The Vassell Law Group Immigration PodCast podcast artwork
 
The B-1 and B-2 visa has mistakenly been limited and labeled as the ‘Tourist visa’. However, it is better referred to as the Visitor visa, which extends way beyond the purpose of touring the United States. Rather, the purpose for which a Foreign National can visit the United States or change visa status to a Visitor in the U.S. is vast.…
 
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