Individuals who possess extraordinary abilities in the sciences, education, business, or athletics may be eligible for a non-immigrant O-1 visa if they meet certain criteria. Included among these individuals are people who possess extraordinary abilities in the arts or demonstrated a record of extraordinary achievement in television or motion pictures. Eligibility Criteria For O-1A Visas In order to be eligible for an O-1A visa, an individual with extraordinary abilities in science, education, business, and athletics must show that they have been recognized for their talents and abilities. This can be demonstrated through the receipt of an award, such as a Nobel Prize or an Olympic Medal. However, an individual doesn’t have to be the beneficiary of a major award if they can meet three of the following criteria: Receipt of nationally or internationally recognized prizes or awards Membership in associations or organizations that require an outstanding level of achievement Published material in professional or major trade publications, newspaper, or other major media Original scientific, scholarly,…Read More
There are no limits on how many people can obtain an L-1 visa every year. L-1 visas or intracompany transferee visas allow managers, executives, and employees with “specialized knowledge” who work outside the United States for a company with an affiliated entity inside the United States, come to work for that company in the United States. There are some important criteria that must be met before someone is eligible for an L-1 Visa. Basic Criteria In order to qualify for an L-1 visa, an individual must have been an employee of the sponsoring company for at least one continuous year out of the last three years. In addition, they must be transferring to the United States in order to work for the company as a manager, executive, or employee with specialized knowledge. The U.S. company to which the employee is transferring must be a branch, parent, subsidiary, affiliate, or joint venture partner of the non-U.S. company. The company may have originated outside the United States…Read More
Going through a divorce is always going to be a challenging experience, but doesn’t mean that all divorces are the same or that there aren’t some that are significantly less difficult than others. In the state of Florida, the two main categories of divorce are known as contested and uncontested divorces. They will both end with the dissolution of your marriage, but the path they take to get there can be significantly different. This blog post offers some insights into the main differences between contested and uncontested divorces so you can decide which one will work best in your situation. Understanding Uncontested Divorces An uncontested divorce is when both parties are willing (and able) to work out all the different issues that need to be resolved in the divorce. This means that you will work with your soon-to-be ex, typically along with your attorneys and possibly a moderator, to decide on things like child custody, child support, division of assets, alimony, and any other relevant…Read More
If you have pled guilty to a crime, or been found guilty, you may think that your options are over, even if you are actually innocent or otherwise treated unjustly. While it is unfortunate, the justice system is not perfect and can make mistakes. Fortunately, there are laws in place that allow these mistakes to be rectified. One option for those who believe they have been unjustly treated is to file a motion to vacate the criminal conviction. If approved, the previous conviction will be set aside and you will have the opportunity to have your trial heard again, this time hopefully getting better results. Grounds For A Motion To Vacate In order to have a criminal conviction vacated, you must first have grounds for the motion. This simply means that you need to have a good reason why the conviction should be vacated. There are a number of different types of grounds that can be used in the state of Florida, including the following:…Read More
In this comment, Magdalena Cuprys, Esq. addresses and explains the business visa issues and visa alternatives in the U.S. In the second article of her series of Instructional Articles, Florida Attorney Magdalena Cuprys comments on business visas for employment and possible alternatives. Preliminary Considerations Many visa applicants assume that once they complete the lengthy and expensive visa process and detailed interviews both at the U.S. Embassy and upon arrival in the U.S., they have accomplished their American Dream. If only that could be true. Once they recover from the whole fingerprinting and interviewing stress, there is more to come. Whether you are a professional or a student, American bureaucracy will keep you busy for at least the first two months upon your arrival. You will quickly learn that one simply cannot function without the magic nine digits, known as a social security number (SSN). The social security system was designed to track income and earnings so that people could collect payments at a later point…Read More
In this comment, Magdalena Cuprys, Esq. addresses and explains the problem of immigration consequences that may unintentionally result from a plea of guilty or nolo contendere In the first article of her series of Instructional Articles, Florida Attorney Magdalena Cuprys comments on the issue of immigration consequences resulting from criminal pleas of guilty or nolo contendere, and how to challenge such guilty pleas subsequently in court. Attorney Cuprys recently prevailed in a case in the Circuit Court of the Eleventh Judicial Circuit of Florida where she moved to vacate a judgment and sentence. She bases her comments on that case. The facts of the case are as follows: The Defendant A.P.B., a Cuban citizen and resident of the U.S. since 2002, plead guilty in trial court to marihuana-related offenses, including selling and possession with intent. Apparently A.P.B.’s home was burglarized, and when police came to investigate, they found he was growing 26 marijuana plants inside the house. He had no prior criminal history. At the…Read More