Johanna M. Keamy, Esq.

The Constitution of the United States of America provides that Congress shall govern all matters concerning Immigration and Naturalization. Therefore, Immigration Laws are governed by Federal, rather than State law. There are two ways to enter the United States of America, either as a non-immigrant or as an immigrant. Non-immigrant Visas / Temporary Visas Non-immigrant visas are temporary

  Incorporating a company is a way to establish a separate legal entity for all purposes, meaning it is separate and distinct from its shareholders. WHY SHOULD I INCORPORATE? Tax Savings: This is one of the greatest benefits but must be discussed with your accountant. Privacy: The law treats a corporation as a legal “person”

A trademark is defines as one of the following: a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. The purpose of trademark law is to prevent consumer confusion as to the actual source of goods.

Foreign Nationals must be aware of U.S. immigration laws concerning self-employment. There are many highly skilled entrepreneurs from other countries that want to establish a business in the U.S. and essentially become self-employed. Often the business is service oriented and does not require a support staff. However, this proves problematic for most U.S. visa categories

Many foreign nationals who are working on valid H-1B visas may have an approved I-140 (Immigrant Petition) and are waiting to adjust status (waiting approval of the I-485, or what is commonly known as a “Green Card”, through employment). Applicants waiting visa availability are faced with the question of whether to renew their H-1B. Current

What is the E2 Visa? The E-2 Treaty Investor Visa is temporary and can be granted for up to 5 years. (The E-2 visa should not be confused with the EB-5 Investor Visa which is a an immigrant petition for a Green Card and requires a $500,000 investment in a regional center that is in

Starting a Business as a F-1 Student under Optional Practical Training F-1 students may engage in a period of Optional Practical Training (OPT) after completing a degree program in the U.S.  OPT is temporary employment that is directly related to an F-1 student’s major area of study. In a recent USCIS engagement concerning the Entrepreneurs in Residence

California Border Patrol to Rollout New Process for Foreign Visitors 04/17/2013 Foreign visitors arriving in the U.S., only via air or sea, who need to prove their legal visitor status to employers, schools/universities, or government agencies, will be able to access their U.S. Customs and Border Protection arrival/departure record information online when the agency starts

  Talking Points Regarding the differences Between the E-2 Visa and the L-1A Visa Can I continue to work during my pending E-2 Extension of status? Regulations provide an automatic 240-day extension of employment authorization for an A-3, E-1, E-2, G-5, H-1A, H-2A, H-2B, H-3, I, J-1, L-1, and R Non-immigrant whose status has expired

Update 9/2/15: We are honored to be awarded as the top immigration attorney in San Diego by the SDDT. The San Diego Daily Transcript conducts a peer voting process each year to determine the best lawyers in main areas of practice in San Diego County. Out of over 800 nominations, Carlos Tavares III and Johanna Keamy were nominated and voted 2013 semi-finalist

Eyeing foreign investment to help fix the financial crises The cause of the economic downturn in the U.S. will be a hotly debated subject for years to come. To begin, a look back helps in assessing forward movement to initiate economic change. Beginning in 2003, funds from developing economies were being infused into developed economies.

Top San Diego Immigration Attorney Posted by Carlos Tavares | filed in Blog As is known, massive black market fake and poor quality commodities is common jordan retro 11 72-10 for many famous http://www.websystem.jpn.org/jordan+retro+11.html products, for example, Gucci and Prada 72-10 jordan handbags and Amazon rolex. Air 72-10 11s for sale Jordan shoes will jordan 11 72-10 not be the exception. Hence, before your business, much attention jordan 11 72-10 end

Immigrants all over the country are being targeted for phone scams. Don’t be one of the victims! Scammers pretend to be a government official and call immigrants saying there is a problem with their immigration record. Sometimes they know personal information about the immigrant. They ask for personal and sensitive details, and demand immediate payment

  Recently, the U.S. Citizenship and Immigration Services (USCIS) has reached the congressional mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will use a computer-generated process, also known as the lottery, to randomly select the

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States. Read the advance version of the notice of proposed rulemaking: International

The Department of Homeland Security (DHS) today published a final rule to improve the ability of certain promising start-up founders to begin growing their companies within the United States and help improve our nation’s economy through increased capital spending, innovation and job creation. Under this final rule, DHS may use its “parole” authority to grant

MMA is taking the U.S. by storm. In most cities and towns there are gyms offering Brazilian Jiu-Jitsu, karate, boxing and other mixed martial arts. The sport of MMA is growing and evolving and not just with internationally known male fighters. Female MMA fighters are also trending in MMA. The key to a U.S. work visa

Most foreign Nationals are concerned about leaving the country and trying to reenter the U.S. in light of President Trumps Executive orders. Our Immigration office urges all foreign nationals holding dual citizenship, permanent residency or a temporary work, visitor or student visa, (such as E-2, H-1B, L-1, B-2, F-1, etc.) to review travel information and

Revocation or Denial of U.S. Passports in case of Certain Unpaid Taxes The IRS is working to restrict travel by U.S. citizens under section 7345 of the tax code. IRS may now certify individuals with seriously delinquent tax debt ($50,000.00 or more) to the U.S. Department of State (“DOS”). DOS is responsible for issuing and

USCIS announced on May 3, 2017 it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions. USCIS said it has begun returning all H-1B cap-subject petitions that were not selected in the lottery. Due to the high volume of filings, USCIS was unable to provide a specific time frame for returning these

Even though a foreign national may have felt like a winner in the H-1B Lottery, a blue sheet Request for Evidence (RFE) from USCIS leaves many feeling like a loser, lost in paper. Drafting a winning response to an RFE requires careful attention to the facts, regulations an current USCIS policy. The following points may

WHAT IS EB-5? Look out your window. Restaurants, high rise apartments, hotels, and other significant commercial enterprises will bring you face to face with EB-5. The EB-5 program is an Immigrant Investor Program that Congress created in 1990 to stimulate the U.S economy through job creations and capital investment by immigrant investors by creating new

Picking the Right U.S. Visa for Athletes: B-1, P-1, O-1 and EB-1   The U.S. is a Nation of adoring sports fans in areas such as Football, Baseball, Hockey, and now the very popular areas of MMA, Kickboxing, Judo and Brazilian Jui-Jitsu. Superstar athletes may qualify for different types of Visa. The following “star guide”

How to Avoid Fraud When Choosing an Immigration Attorney   Make sure you choose your immigration attorney carefully. In our fast-paced society, most people looking for an Immigration lawyer go directly to the internet and seek out what they need in an instant rather than wait on receiving a referral from a friend. When conducting

Save the Date to File the H-1B Petition: April 1, 2018   Employers looking to bring temporary foreign workers into the US, must begin the H-1B cap filing process soon. With just eight weeks to go before the start of the FY 2018 H-1B cap filing season, employers who consider hiring foreign workers on October 1, 2018

H-1B Visa Plan That Could Open the Door for Thousands of Skilled Workers – Stay Tuned   Introduced H-1B visa reform would allow for thousands more skilled workers while protecting US citizens. On January 25, 2018, Senators Orrin Hatch and Jeff Flake introduced Immigration Innovation bill, I-Squared, which seeks to modernize and reform the H-1B visa and employment-based green

Answers to Common Questions from Foreign Athletes Seeking a Visa   Foreign athletes need a visa to come to the US. Contact us for help. In order for foreign athletes to enter the United States, they need to obtain a P-1 or O-1 visa. In our experience, when athletes are seeking assistance, they have three,

USCIS Will Take Credit Cards U.S. Citizenship and Immigration Services (USCIS) announced today that it will now accept credit card payments for filing most of its forms. The new payment option is available for the 41 fee-based forms processed at USCIS Lockbox facilities. To pay by Visa, MasterCard, American Express or Discover, applicants will need to use Form G-1450, Authorization for

US Supreme Court Upheld Donald Trump’s Travel Ban   The travel ban impacts people from certain countries. Exemptions are available on a case-by-case basis. On June 26, 2018, the Supreme Court upheld President Donald Trump’s travel ban, Proclamation No. 9645, in a 5 to 4 ruling. Travel Ban Within Scope of President’s Authority The Court stated the travel

For Immediate Release- Due to COVID-19, United States Citizenship and Immigration Services has extended their temporary closure to May 3, 2020. However, many people are wondering if they can still mail applications to the Service Centers and the District offices. USCIS operations have not stopped and USCIS staff are continuing to perform duties that do not involve contact

A.           Nonimmigrant visa holders are not included in the proclamation including the following: Athletes, amateur and professional (competing for prize money only)B-1 Athletes, artists, entertainersP Australian worker – professional specialtyE-3 Border Crossing Card: MexicoBCC Business visitorsB-1 Crewmembers (serving aboard a sea vessel or aircraft in the U.S.)D Diplomats and foreign government officialsA Domestic employees or

U.S. Citizenship and Immigration Services today announced that our Service Members and Veterans can now file an Application for Naturalization, online. 1. Those currently serving or who have served in the armed forces may be eligible to apply for naturalization under special provisions of the Immigration and Nationality Act (INA). 2. The naturalization application fee

As the pandemic continues around the globe,  “normal” procedures may be a thing of the past as we wait on the “new normal” and the new normal procedures.  Visa Applicants around the globe are waiting on visa appointments.  Some consular posts have signaled that they may soon begin services in the coming months, while others

As the U.S. and the world are adjusting to living through a pandemic, foreign nationals seeking U.S. Immigration benefits will soon face substantial fee increases.  A FINAL RULE concerning USCIS fee increases will be published on August 3, 2020 and will be effective 60 days later (October 2, 2020). We have highlighted a brief list

Is a fat file good to send to USCIS when filing for an Immigration benefit? It is not necessarily the amount of evidence but the quality of evidence that matters during the adjudication process.  Submission of irrelevant and outdated information may make a file fat but unconvincing.  A USCIS officer does not have a significant