Attorney Immigration New York can Save you from Legal Tangles

Are you planning to migrate to New York or any other city in USA? Is that you are facing any problem related to immigration? Attorney immigration is meant to help you in every possible manner so that you are not able to face any problem. Immigration is not an easy task that will get completed in few days. Sometimes, it may take months to acquire an immigration visa. But, if you are able to get the immigration visa of your choice then you are the luckiest one. Before applying for an immigration visa, it is always better to consult expert attorney immigration. The matter of immigration involves lots of documentation, depending upon the type of immigration visa required. Attorney Immigration can act as your best mate in the matters of immigration and guide you through a proper way in reaching that destination point. Getting immigration permission from the high commission of USA is like a dream come true. Everyone knows that it is quite tough to get migrating visa to New York or any other city. Attorney immigration is there to help you in settling out all legal problems related to this matter. The main aim of attorney immigration is to handle cases of foreigners who visit a particular country.

As per the working profile of attorney immigration is concerned, he represents his client in the court of law, handling documentation and legal consultation. If you land up in any problem, then it is advised that you should consult your attorney immigration. Before consulting attorney immigration, it is mandatory that you should check out the qualification and track record of that attorney. After all, you are vesting your interest in a stranger. On the other note, it becomes a matter of prestige for an attorney when he has to handle a complicated case.

A variety of cases can be a part of the profile of attorney immigration. Custody of a child, matters related to settling in USA, going to some foreign city for education concerns and many others are some of the sensitive and important matters handled by attorney immigration. You should sit with your attorney immigration and discuss each and every aspect of your case, so that proper guidance can save you from the problem. Immigration laws keep on fluctuating from time to time and your attorney immigration should be aware of them, so that proper steps can be taken to turn the root to your destination.

Every year, a variety of people keep on trying to migrate to their favorite country. It is this time that they keep on looking for attorney immigration, who can guide them properly. If you are among the crowd of such people and don’t have much time to find out attorney immigration, then online directories are there for your help. An added advantage of this way is that you can get to know about so many attorneys, in one go. You can also check their performance level and decide over the best one. Just keep in mind that attorney immigration is meant to save you from the tangles of immigration laws.

Hadiya Robins is a legal expert.She works for Pulversthompson and gives advice to clients who are looking for New york lawyer,Matrimonial lawyer New York,Attorney Immigration New York.For legal advice and to get services of a Lawyer in New York visit www.pulversthompson.com

Immigration Law – Classes Of Parent Visa And Application Process Fact Sheet

Classes of Parent Visas There are 4 subclasses of current visas that can be applied for by parents outside Australia namely subclass 103(Parent), subclass 118(Designated Parent), subclass 143(Contributory Parent) and subclass 173(Contributory Parent (Temporary)).

There are also 4 subclasses of visas that can be applied for in Australia namely subclass 804(Aged Parent), subclass 859(Designed Parent) and subclass 864(Contributory Aged Parent) and subclass 884(Contributory Aged Parent(Temporary)).

Subclasses 173 and 884 are temporary visas and the visa applicant when he or she arrives in Australia is required to lodge another application for a permanent resident visa within 2 years.

Visa Application Charges

The current visa application charges for parent visas comprise of a first instalment and a second instalment. For onshore applications, the first instalment is currently $1,935.00. For offshore applicants the first instalment is currently $1,305.00. The second instalment of the visa application charges is $1,135.00 for each applicant for a non-contributory visa and for contributory visas is $16,710.00 for temporary visa applicants and $27,850.00 for permanent visa applicants and $1,205.00 for applicants under 18 years. These charges generally are adjusted every 6 months and need to be checked before any planning or commitment is made.

Assurances of Support

The assurance of support for contributory parent visas is $10,000.00 for the main applicant and $4,000.00 for secondary applicants whereas in the non-contributory parent visa applications, the assurance of support is $3,500.00 for the main applicant and $1,500.00 for every adult secondary applicant.

Other Conditions

Other conditions that the applicants have to satisfy are set out in Schedules 1 and 2 of the Migration Regulations and advice needs to be obtained in relation to the circumstances of each separate parent.

Quotas

In the non-contributory category parent visas, in 2003/2004, the quota was 1,500 places and in subsequent years the quota is 1,000 places per year.

In the contributory parent visa category the quota for 2003/2004 was 5,500 places and in subsequent years quota is 3,500.

The Department of Immigration and Multicultural and Indigenous Affairs informs all applicants for parent visas in writing when they have been placed in a queue. Further the Department of Immigration and Multicultural and Indigenous Affairs provides a link on its website –

www.immi.gov.au\migration\family\parents\parents.htm

so that queued parents can calculate their approximate position in the queue.

Place of Processing of Parent Visa Applications All parent visa applications are to be lodged with the Perth Offshore Parent Centre of the Department of Immigration and Multicultural and Indigenous Affairs by mail at Locked Bag 7, Northbridge, WA 6865 Australia or by courier at 411 Wellington Street, Perth WA 6000, Australia.

Priority of Processing of Visas

Generally applications for visas for parents of Australian citizens have a processing priority over applications for visas for parents of Australian permanent residents and eligible New Zealand citizens. Further parents who have a majority of their children living permanently in Australia have a processing priority over parents who do not. However, each case is treated on its own set of facts and the case officers can exercise a great deal of discretion.

Visa Processing Times

For the non contributory parent visas there is a queue of over 10,000 people and therefore any visa applications lodged now may take an extended period of time to process depending on your particular case. For contributory parent visas, the processing time if all documents are in order is about 11 months.

Conclusion

Thus there exists a dilemma for parents wishing to migrate to Australia do they wish to pay the higher second instalment visa application charges and assurances of support for contributory parent visas as opposed to the non-contributory parent visas. Another complicating factor is that the quality of an application can depend on how much effort applicants are willing to put into preparing or having prepared a valid application for parent visas bearing in mind the lengthy, complicated and multi-documented visa application process.

Frank Egan is the Chief Executive Officer of LAC Immigration Lawyers Sydney and has over 27 years of experience as a lawyer.

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Immigration Law – What To Do With Our Parents?

Commonly there is an expectation amongst parents of children in close knit families, particularly when a family is of humble means, that the children will grow up, gain a good education and be successful. Taking this one step further those parents of Australian citizens or Australian permanent residents expect to be able to join their children in Australia as permanent residence and eventually as Australian citizens. Australian Migration Laws however do not allow parents of every Australian permanent resident or every foreign born Australian citizen to migrate to Australia as a permanent resident. There are a number of conditions that the parents have to fulfil or gateways that they successfully have to negotiate to migrate to Australia. Some of the more important ones are discussed below.

Balance of Family Test

The “balance of family” test is defined in Regulation 1.05 of the Australian Migration Regulations. Briefly, to pass this test a parent must have at least half of his or her children permanently residing in Australia (including eligible New Zealand citizens i.e. children with subclass 444 visas) OR they must have the greatest number of children permanently residing in Australia than in any other single overseas country. By way of an example, a parent who has 5 children and 3 of them live in country A and 2 of them live in Australia, that parent would not satisfy the balance of family test. However if the same parent has 1 child in country A, another child in country B and third child in country C and 2 children in Australia, that parent would satisfy the balance of family test. Further if the parent had 3 children in Australia and 2 in other countries then the balance of family test will be satisfied. If the parent had 4 children and 2 were permanently resident in Australia, the balance of family test would be satisfied.

A person is considered the child of a parent if the person is a child, adopted child or stepchild of the parent or of the spouse of the parent. A child can also be the child of a parent if the child is the child of a former spouse of the parent if that child was adopted by the parent before the parent became the former spouse i.e. while the parent was the spouse of the former spouse.

In assessing children for the balance of family test the following children are not to be considered the children of the parent:

– children who have been adopted by another person;

– a child who has been ordered by a Court to be removed from the exclusive custody of the parent;

– children who have been recognised by UNHCR as refugees and are in a refugee camp;

– children who are not able to be reunited in another country with their parents and who are resident in a country where they are subject of persecution and abuse of human rights;

– step children of a person if those children were born after their parent and a step parent separated;

– step children of a person if the children were over 18 years of age and their parent entered into a relationship with the step parent and relationship between the parent and the step parent has ended by death, separation or divorce.

Unless the “balance of family” test is satisfied, there is no flexibility in succeeding in an application for an Australian permanent resident visa on the basis of being a parent of an Australian citizen, permanent resident or eligible New Zealand citizen.

Frank Egan is the Chief Executive Officer of LAC Immigration Lawyers Sydney and has over 27 years of experience as a lawyer.

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The Right Medical Immigration Attorney Makes All The Difference

Immigration into the United States as a Physician, Medical Graduate or Nurse can be a lengthy procedure, especially if you don’t know all the rules, regulations and forms to fill out. You can spend a lot of time that you will never get back if you proceed the wrong way. This is why finding a good Immigration Lawyer is key. For International Medical Graduates, Physicians or Foreign Nurses who want to immigrate to the U.S., it is essential that you contact an effective, knowledgeable immigration attorney who has specialized most of their career in J-1 Visa, CGFNS, H-1B Visa and NCLEX RN requirements.

To effectively assist foreign nurses and physicians in obtaining work visas or immigration to the United States, it takes knowing the system inside and out. A good immigration lawyer can greatly assist international medical graduates or physicians certified by ECFMG or nurses certified by CGFNS or NCLEX-RN with a J-1 Visa or H-1B.

The right medical immigration attorney will specialize in arranging work visas (H-1B) and permanent residence (green card) for health care professionals, particularly registered nurses and physicians. Registered nurses, either educated in the U.S., or certified by CGFNS, are qualified for United States immigration benefits in terms of permanent residence and work visas. Physicians either educated in the United States or certified by ECFMG, may apply for employment through either work visas or exchange visitor visas (J-1visa) and later immigration to the United States (permanent residence).

The preferable way to address an immigration issue is to have a system of evaluation in place so an analysis of a client’s credentials and work experience will allow for a tailored approach to best take advantage of each client’s special background. Another advantage to finding a qualified immigration attorney is they often have connections with healthcare providers so physicians and RN’s can find qualified employers who sponsor permanent residence.

When searching for an immigration lawyer, look for those who are a member of the American Immigration Lawyers Association (AILA) and who are licensed to practice in the state you are inquiring from if you are in the U.S. You want an employment-based immigration attorney who has successfully represented thousands of physicians, nurses, medical students, scientists, college professors, engineers etc. in their applications for permanent residence.

You will also want to make sure that the immigration attorney you choose has assisted others from your country or a similar country and situation. Whether you are applying from Great Britain, Russia, Germany, Canada etc., make sure the attorney you choose understands any unique situation you may be in. In today’s modern world, technology allows for large geographic distances between clients and their lawyer. This distance is easily overcome through email, low-cost phone calls, faxes and the quality of work a law firm provides.

If you are in need of an immigration lawyer for physician, scientific or nurse immigration, hopefully the above information will be of assistance to you. Just keep in mind that you don’t need to physically meet with an immigration attorney these days. You can still find great representation even though you are thousands of miles away from counsel if you follow the recommendations above.

Chris Murphy is an independent, freelance writer who enjoys writing articles on subjects of interest to readers. For more information about this article or the content contained herein, please visit http://www.immigrationlawyer-usa.com

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H-1b Visas for Fy 2008

The U.S. Immigration Service is anticipating that the H-1B Visa Cap for FY 2008 will be reached even faster than the previous years. We are urging any employer who is thinking of hiring/employing a foreign national on an H-1B visa for fiscal year (FY) 2008 must begin the preparation and processing of the case as soon as possible so that the H-1B Petition may be filed with the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2007. The cap for FY 2007 was reached on May 26, 2006, well before the fiscal year began on October 1, 2006. Because the H-1B Visas are limited, a lot of employers are already preparing thousands of petitions for immediate filing in April. Accordingly, we advise all employers to file H-1B visa petitions for prospective employees on April 1, 2007, or immediately thereafter as the cap is anticipated to close early again.

The maximum allotted visas authorized by Congress are 65,000 new H-1B visas per fiscal year with some exceptions. The first 20,000 H-1B visas issued to alien workers who obtained their master’s degree here in the U.S. are exempt from the 65,000 cap; H-1B visas issued to such individuals subsequent to the first 20,000 are then counted against the overall 65,000 cap. Some U.S. Senators have proposed increasing the cap, but such legislation is yet to be passed by Congress. Foreign nationals in the U.S. in lawful H-1B status who are seeking to extend their visa or change employers are not affected by the annual limit.Employers should also consider that the foreign national who they intend to employ must be in lawful non-immigrant status which must be valid until October 1, 2007 which is the affectivity date of that approved H-1B Visa. Should the foreign national not meet this requirement, for example a person in B-2 or Tourist visa may elect to have his/her B-2 tourist visa extended so that they may bridge the gap between the time their authorized stay (I-94) expires until October 1, 2007. If extending the B-2 tourist visa is not an option, the foreign national may then leave the U.S. and return to their home country before their authorized stay (I-94) visa expires and obtain their H-1B visa at the U.S. Embassy in their home country.

H-1B visas are only issued to foreign nationals employed in a “specialty occupation” or as a fashion model of distinguished merit and ability. The U.S. Immigration regulations states that a “specialty occupation” is an occupation that requires theoretical and practical application of a body of specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty as a minimum qualification for entry into the United States. Examples of H-1B occupations include accountants, engineers, computer programmers, teachers, marketing analyst, etc. As part of the Labor Condition Attestation all H-1B workers must be paid the wages and benefits equal or greater than U.S. workers in the same type of profession or field so that it will not adversely affect the wages and labor conditions for U.S. Citizen workers.

H-1B workers are subject to a limitation of six years; upon completing six years’ employment in H-1B status, they must depart the U.S. for one year before commencing new H-1B employment but there is a provision under the U.S. Immigration Law called the American Competitiveness in the 21st Century Act of 2000 (“AC21” ) which allows H-1B workers to extend their employment beyond six years if certain requirements are met. A new memorandum released by the USCIS also clarified that any time spent as an H-4 dependent will not count towards the six-year limitation in H-1B status. This memo also provided that a foreign national who was in the U.S. in valid H-1B status for less than the six-year maximum period of admission, but has since been outside the U.S. for more than one year can elect to either: (1) be re-admitted for the “remainder” of the initial six-year admission period without being subject to the H-1B cap if previously counted, or (2) seek to be admitted as a “new” H-1B alien subject to the H-1B cap.Employers who intend to employ a foreign national on an H-1B visa for FY 2008 must begin the process now so that they may timely file the H-1B visa petitions on April 1, 2007, the date that filings for initial H-1B visas are accepted by the US Immigration Service. Since the H-1B visas has become more and more complex and filings timely is crucial, U.S. employers who intends to employ foreign workers on H-1B visas are advised to consult a knowledgeable and experienced us immigration lawyer.

Atty. Raynor is licensed to practice law in all of the Courts of California, Federal Court of Appeals for the Ninth Circuit, and in the U.S. Supreme Court. She can handle cases from all 50 states. She is a member of the American Immigration Lawyer Association (AILA) and the Immigration Section of the Los Angeles County Bar Association. Atty. Kate Raynor has also received an award of recognition from the California State Assembly for her dedication to serving the people of the San Fernando Valley. Call for a Free phone consultation 877-872-9666

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How Will the Comprehensive Reform Bill Affect Me and My Immigration Case?

The comprehensive immigration reform has reached a pinnacle as the Senate Judiciary Committee has passed Chairman Specter’s 300 plus paged bill by a margin of 12 to 6 votes. Immigrant Advocate Groups hailed that the reform is long overdue and it will ensure a sensible immigration reform while anti-immigrant groups contends that the bill is nothing more than an Amnesty.

The bill is still in its infancy and before it becomes law the measure needs to make it to President Bush’s desk to be signed into law. Presently the bill will be debated on the Senate floor. Majority leader Frist pledged that if the Senate Judiciary Committee meets the March 27, 2006, deadline for approving a bill, he would allow the measure to proceed. He further exclaimed that he would like a floor vote on immigration on immigration legislation by Easter recess next month.

To highlight some of the many proposed amendments to the bill which would affect Filipinos most are:

1. Amendment requiring authorities learn immigration status of people charged with federal crimes passed by voice vote.

2. Feinstein (D-CA) introduced her AgJobs bill as an amendment. The bill would allow up to 1.5 million agricultural workers (both documented and undocumented) over five years to become permanent residents. The measure also includes reforms to the H-2A program including replacing labor certifications with attestations and faster processing. The AgJobs amendment passed 11 to 5 in a roll call vote.

3. Kyl (R-AZ) amendment to limit guest workers to occupations with less than 11% unemployment in a metropolitan statistical area passed by a voice vote.

4. After both Senators Kyl and Kennedy introduced their respective versions of a guest worker plan, the Kennedy-McCain plan was approved by an 11 to 5 margin. This plan replaces the guest worker program in the Specter bill.

5. Grassley (R-IA) amendment to make changes to the L-1 visa program passed by a voice vote. The amendment would limit L-1 approvals to one year for aliens coming to the US to open a new office. It is not clear how this changes existing law which limits an initial L-1 approval to a year for a new office. Spouses would not be eligible for work authorization as an L-2 during this one year period. DHS and DOS will be required to cooperate to verify the existence of an overseas company.

6. Feinstein (D-CA) amendment to raise the application on the new F-4 student visas from $1000 to $2000 passed by voice vote.

7. Sessions (R-AL) amendment to delay implementation of all sections of the bill for at least 90 days to issue a report and see if errors need to be corrected approved by roll call vote.

8. Brownback (R-KS) amendment to exempt nurses and physical therapists from green card caps for seven years agreed to by voice vote.

9. Graham (R-SC) amendment to substitute Kennedy-McCain legalization program for Specter’s “gold card” plan passed in roll call vote of 12 to 5. Kennedy agreed to sense of Senate language to be added saying that people in green card backlogs on the date of passage of the law would be processed before anyone benefiting from the new law.

10. Durbin (D-IL) amendment to strip out provision criminalizing illegal immigration status passed by roll call vote of 11 to 6.

11. Durbin (D-IL) amendment to add DREAM Act providing green cards to people who entered the US as children, have made good grades and who are attending college or join the military passed by voice vote.

The bill will be debated between now and then and many amendments are expected to be introduced. In case you are wondering how you will be affected with all these changes and reforms, well if you are one of the millions of people who have already filed an immigrant visa and have been caught in the Immigration Service backlog, one advantage is that the bill contains language that will ensure that those cases pending due to the backlog at the US Immigration Service will be prioritized and will be expedited in lieu of the upcoming changes in the law. And if you happen to be one of the million people who have not filed any application or does not have a pending petition the bill may provide you with some sort of relief depending on the final outcome of the bill and its enactment

US Immigration Lawyer Raynor is licensed to practice law in all of the Courts of California, Federal Court of Appeals for the Ninth Circuit, and in the U.S. Supreme Court. She can handle cases from all 50 states. She is a member of the American Immigration Lawyer Association (AILA) and the Immigration Section of the Los Angeles County Bar Association. Atty. Kate Raynor has also received an award of recognition from the California State Assembly for her dedication to serving the people of the San Fernando Valley.

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Working in America. The H1B Visa

What is a Visa?

A “Visa” is simply a stamp in a passport that gives the passport holder authorization to enter the United States. The INS (Immigration and Naturalization Service) handles most matters involving visas. You may find an immigration lawyer to help you with your H1 visa or any other visa on this site.

What is the H1-B Visa?

The H1-B visa is also commonly called a “work visa” or “work permit.” This is the most common form of temporary work visa. It enables the foreign worker to enter the United States to work temporarily in a professional capacity. H1B Employment opportunities in the state of Minnesota, which reflect the national trend, are abundant, so abundant that employers are seeking out the assistance of foreign workers to fill the gaps in the workplace. To locate an H1B job in the U.S. use the links at the right to draft and post your resume.

The government requires at least five agencies to certify a foreign employee for H1B work in the United States, often a long process in itself. But the government recently made this process even more arduous by reducing its funding to one key player in the certification process, the State Economic Security Department. This cut in funding has had a grave impact on this state’s, as well as this country’s, ability to recruit and retain foreign professionals for employment, especially those H1B professionals with technical experience and in the field of health care.

How Do I Qualify?

To qualify for an H1-B foreign workers must fit into a category of “priority workers” which include:

H1B workers with advanced degrees or exceptional ability;

H1B professionals (Bachelor’s Degree or the equivalent);

H1B skilled workers and others.

Generally, foreign workers must also demonstrate that the occupation sought is of a special nature that cannot be easily filled with the workforce available in the United States. Oftentimes demonstrating the special nature of a position requires a statement by the sponsoring employer. The applicant should also be able to demonstrate advanced education skills either through a degree from a foreign university or equivalent employment history. Within each of these three main categories, there are H1B sub-groups, all with their own requirements. It should be noted that there is typically a backlog for H1B workers from China and India in the second and third H1B preference category. To qualify as a H1B “professional” under U.S. immigration laws, you must have at least a bachelor’s degree or its equivalent. Work experience may satisfy this prerequisite if the work was in a field that generally requires a bachelor’s degree. Additionally, the foreign worker must be employed in a “professional capacity.” This means that the employment must be a legitimate professional job requiring a professional education and paying a commensurate salary. The foreign worker cannot simply be engaged in the employment as a hobby or for religious purposes.

Click Here To View an Employer/Employee Checklist for the H1-B.

The H1-B visa is not only for those attempting to gain entry into the United States, but also for those already in this country, for example, an individual in the United States on a student visa may seek an H1-B visa to remain in this country after their student visa expires. Requirements for foreign nationals already in the U.S. is similar to the requirements for non-resident aliens. They must also demonstrate their specialty and credentials just as if applying from abroad.

The H1-B visa is also linked to the particular employer sponsoring the foreign worker. Not only must you have a sponsoring employer to apply, but the H1-B cannot be transferred for employment with any other employer. In other words, if you seek to change jobs, you must re-qualify and reapply with the new employer.

In today’s employment market, professionals in the areas of software development, informational systems, nurses and other health care professionals are in short supply and high demand. As a result, numerous H1-B visas are issued in these fields each year. However, the number of H1-B visas issues each year is strictly limited and is reached earlier and earlier each year. The application process for H1-B visas begins in October. In 2000, the H1-B quota was reached by mid-March.

Even after the limit of H1-B visas is reached each year, demand for professional workers remains high. It is for that reason that the U.S. legislature has debated increasing the number of H1-B visas for these particular professions. Despite these efforts, to date, no additional visa categories have been authorized.

REQUIREMENTS:

U.S. Bachelors Degree or foreign equivalent (if degree is foreign) analysis by independent credentials evaluations service attesting that foreign degree is equivalent to U.S. Bachelors Degree; or

Professional job offer which closely parallels the training and background of the particular employee; and

Filing of a Labor Condition Attestation with the U.S. Department of Labor;

Prevailing wage survey conducting by the local state employment agency to protect the employer

I-129H petition approved by INS.

Must I Leave my Family?

No.

A professional worker’s spouse and any unmarried children under the age of twenty-one (21) are also allowed to reside in the United States for the same period of time as the H1-B remains in effect. The spouse and minor children must complete a H4 visa application before residency is allowed.

How Long May I Remain in The United States on the H1-B Visa?

Generally, the H1-B visa is valid for three years. However, it may also be extended for an additional three years resulting in a six-year maximum. If you seek a second H1-B because you changed employers, this will not extend your stay under the H1-B for another six years. The absolute maximum duration for a visa under the “H” category is six years.

What Happens when my H1-B expires?

After your H1-B visa expires, you must leave the country for no less than one year. After the one year period has elapsed, you may once again reapply for the H1-B. However, one of the greatest advantages to the H1-B visa is that it allows the professional worker to seek permanent residency, or a “Green Card” for the worker and his/her entire nuclear family while working in the United States.

Given the complexities of the system, professional representation for those seeking employment in the United States is well advised. Often, mitigating circumstances may be overlooked by those unfamiliar with the system. Language barriers often lead to even more difficulties and frustration.

FOR A CONSULTATION, CONTACT US AT 952.746.2153 or visit www.workvisalawyers.com.
Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at www.workvisalawyers.com.

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Permanent Residency & The Green Card

Permanent Residency. Permanent residency is often referred to as having a Green Card. There are two primary categories of immigration: Immigrant status and Non-immigrant status. Immigrant status allows permanent residency in the United States. Non-immigrant status provides an authorization to aliens for temporary residency that expires upon the occurrence of a specific event.

A Permanent Resident is commonly referred to as a “Green Card” holder. Permanent residents have many rights which include the following:

The right to live in the United States permanently;

The right to reenter the United States after traveling out of the country abroad;

The right to apply for U.S. Citizenship after continuously living as a Permanent Resident in the United States for five (5) years

The right to employment in any work that is legal;

There are four main categories for green card permanent residency and even more subcategories under each main category. The main green card categories include Family Sponsored Immigration, Employment Immigration, DV Lottery, and Asylum and Refugee status.

Family Sponsored Immigration Green Card. Foreign family members of U.S. citizens and permanent residents may qualify for an immigrant visa. However, the United States sets strict limitations on the number of immigrant visas allowed each year. The closer the relative is the higher that person falls on the priority scale for obtaining an immigrant visa. Immediate family members of U.S. citizens are given the highest priority. Foreign parents, children under the age of 18, and spouses fall outside of the quota system and usually qualify quickly for an immigrant visa. Extended family members of United States citizens and family members of permanent residents may also qualify. However, the waiting period may be much longer. In some cases, the wait for a visa may exceed 10 years. The priority list for family sponsored immigration is as follows: (1) F-1 – Unmarried Sons or Daughters of U.S. Citizens over the age of 21; (2) F2-A -Spouses and unmarried Children of Permanent Residents under the age of 21; (3) F2-B -Unmarried Sons or Daughters of Permanent Residents over the age of 21; (4) F-3 -Married Sons or Daughters of U.S. Citizens over the age of 21; (5) F-4 – Brothers and Sisters of U.S. Citizens.

The relationship is only one criteria in determining preference. A second criteria includes the country of the relative’s origin. Economically poor countries such as China and India tend to have the longest waiting periods.

Employment Immigration Green Card. Aliens seeking permanent residency in the United States for employment purposes must fit into one of five categories. The first category is “Priority Workers” which includes Intra-Company Transferees of Managers and Executives, Outstanding Professors and Researchers and Aliens of Extraordinary Ability in the Sciences, Arts, Education, Business and Athletics. The second employment category is “Aliens of Exceptional Ability in the Sciences, Arts or Business” which includes Professionals with advanced degrees. The third category includes “Professionals with Bachelors Degrees not qualifying in the 2nd Preference, skilled workers, and unskilled workers in special needs professions. The fourth category is very narrow encompassing “Religious Workers” who are here to carrying out their religious mission. Finally, the last category is based on economic development and includes individuals who invest one million dollars ($1,000,000.00)in a new “commercial enterprise” or in a “troubled business” or those who invest Five Hundred Thousand Dollars ($500,000.00) in a “new commercial enterprise” or “troubled business” in a “targeted employment area.”

DV Lottery Green Card. 55,000 immigrant visas each year are available to those winning a Visa Lottery. The number of lottery visas are apportioned to countries that have fewer visa applicants. To apply, an immigrant must fill out a number of forms detailing their background with the INS. Each year lottery contestants are drawn and notified if they have won. A winning alien may make application for an immigrant visa.

Refugee/Asylum Status. Refugee and Asylum status allows foreigners fearing persecution to seek refugee status in this country. Foreigners outside of the United States may seek refugee status. Foreigners already in the United States may seek asylum to prevent deportation. After approval of Refugee or asylum status, the alien is allowed to enter or remain in the United States and may seek an adjustment of their status to one of permanent residency after one year.

For legal assistance Call (952) 746-2153.
Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at www.workvisalawyers.com.

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U.S. Immigration Through Investment

Approximately 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. Statistics on the EB-5 program show, however, that actual usage of this preference category has never come near the annual allotment of 10,000 visas for the program.

Eligibility Requirements

Foreign investors seeking permanent residence in the United States fall under the EB-5 immigrant visa category. Generally, investors must demonstrate that a “qualified investment” is being made in a new commercial enterprise. They must also show that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise.

In general, eligible individuals include those:

Who establish a new commercial enterprise by:

· creating an original business;

· purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or

· expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

Who have invested — or who are actively in the process of investing — in a new commercial enterprise:

· at least $1,000,000 (or more in high employment areas), or

· at least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and

Whose engagement in a new commercial enterprise will benefit theUnited States economy and:

· create full-time employment for not fewer than 10qualified individuals; or

· maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a “troubled business,” which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

* Keep in mind that the investor must also establish that the required amount of capital has been placed at risk for the purpose of generating a return on that capital. A mere intent to invest, or prospective investment arrangements entailing no present commitment will not suffice to establish that the petitioner is actively in the process of investing.

Procedure

INS Form I-526, Immigrant Petition by Alien Entrepreneur, is the form used to apply for investment-based immigrant status. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:

· establishing a new commercial enterprise,

· investing the requisite capital amount,

· proving the investment comes from a lawful source of funds,

· creating the requisite number of jobs,

· demonstrating that the investor is actively participating in the business; and, where applicable,

· creating employment within a targeted employment area.

*Labor Certification by the Department of Labor is not required.

You can find the Form I-526 on our web site at by clicking on the Immigration Forms link.

Conditional Permanent Residence

Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:

· Filing INS Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United States; or,

· Applying for an immigrant visa at a U.S. Consulate abroad, if residing outside the United States.

Removing Conditions on Residence

90 days before the second anniversary of your admission to the United States as a conditional resident, you must file INS Form I-829,Petition by Entrepreneur to Remove Conditions.

Keep in mind that U.S. immigration laws are based on federal statutes; therefore, we can assist you with your immigration needs no matter where you are located.

Our lawyers have assisted many entrepreneurs in purchasing businesses and investing in U.S. Business operations to qualify for an EB visa.

FOR MORE INFORMATION ON U.S. IMMIGRATION OR ASSISTANCE WITH YOUR IMMIGRATION NEEDS, PLEASE CONTACT: 952.746.2153 or visit www.workvisalawyers.com

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at www.workvisalawyers.com.

Working in America – H1B Visa

What is a Visa?

A “Visa” is simply a stamp in a passport that gives the passport holder authorization to enter the United States. The INS (Immigration and Naturalization Service) handles most matters involving visas. You may find an immigration lawyer to help you with your H1 visa or any other visa on this site.

What is the H1-B Visa?

The H1-B visa is also commonly called a “work visa” or “work permit.” This is the most common form of temporary work visa. It enables the foreign worker to enter the United States to work temporarily in a professional capacity. H1B Employment opportunities in the state of Minnesota, which reflect the national trend, are abundant, so abundant that employers are seeking out the assistance of foreign workers to fill the gaps in the workplace. To locate an H1B job in the U.S. use the links at the right to draft and post your resume.

The government requires at least five agencies to certify a foreign employee for H1B work in the United States, often a long process in itself. But the government recently made this process even more arduous by reducing its funding to one key player in the certification process, the State Economic Security Department. This cut in funding has had a grave impact on this state’s, as well as this country’s, ability to recruit and retain foreign professionals for employment, especially those H1B professionals with technical experience and in the field of health care.

How Do I Qualify?

To qualify for an H1-B foreign workers must fit into a category of “priority workers” which include:

H1B workers with advanced degrees or exceptional ability;

H1B professionals (Bachelor’s Degree or the equivalent);

H1B skilled workers and others.

Generally, foreign workers must also demonstrate that the occupation sought is of a special nature that cannot be easily filled with the workforce available in the United States. Oftentimes demonstrating the special nature of a position requires a statement by the sponsoring employer. The applicant should also be able to demonstrate advanced education skills either through a degree from a foreign university or equivalent employment history. Within each of these three main categories, there are H1B sub-groups, all with their own requirements. It should be noted that there is typically a backlog for H1B workers from China and India in the second and third H1B preference category. To qualify as a H1B “professional” under U.S. immigration laws, you must have at least a bachelor’s degree or its equivalent. Work experience may satisfy this prerequisite if the work was in a field that generally requires a bachelor’s degree. Additionally, the foreign worker must be employed in a “professional capacity.” This means that the employment must be a legitimate professional job requiring a professional education and paying a commensurate salary. The foreign worker cannot simply be engaged in the employment as a hobby or for religious purposes.

Click Here To View an Employer/Employee Checklist for the H1-B.

The H1-B visa is not only for those attempting to gain entry into the United States, but also for those already in this country, for example, an individual in the United States on a student visa may seek an H1-B visa to remain in this country after their student visa expires. Requirements for foreign nationals already in the U.S. is similar to the requirements for non-resident aliens. They must also demonstrate their specialty and credentials just as if applying from abroad.

The H1-B visa is also linked to the particular employer sponsoring the foreign worker. Not only must you have a sponsoring employer to apply, but the H1-B cannot be transferred for employment with any other employer. In other words, if you seek to change jobs, you must re-qualify and reapply with the new employer.

In today’s employment market, professionals in the areas of software development, informational systems, nurses and other health care professionals are in short supply and high demand. As a result, numerous H1-B visas are issued in these fields each year. However, the number of H1-B visas issues each year is strictly limited and is reached earlier and earlier each year. The application process for H1-B visas begins in October. In 2000, the H1-B quota was reached by mid-March.

Even after the limit of H1-B visas is reached each year, demand for professional workers remains high. It is for that reason that the U.S. legislature has debated increasing the number of H1-B visas for these particular professions. Despite these efforts, to date, no additional visa categories have been authorized.

REQUIREMENTS:

U.S. Bachelors Degree or foreign equivalent (if degree is foreign) analysis by independent credentials evaluations service attesting that foreign degree is equivalent to U.S. Bachelors Degree; or

Professional job offer which closely parallels the training and background of the particular employee; and

Filing of a Labor Condition Attestation with the U.S. Department of Labor;

Prevailing wage survey conducting by the local state employment agency to protect the employer

I-129H petition approved by INS.

Must I Leave my Family?

No.

A professional worker’s spouse and any unmarried children under the age of twenty-one (21) are also allowed to reside in the United States for the same period of time as the H1-B remains in effect. The spouse and minor children must complete a H4 visa application before residency is allowed.

How Long May I Remain in The United States on the H1-B Visa?

Generally, the H1-B visa is valid for three years. However, it may also be extended for an additional three years resulting in a six-year maximum. If you seek a second H1-B because you changed employers, this will not extend your stay under the H1-B for another six years. The absolute maximum duration for a visa under the “H” category is six years.

What Happens when my H1-B expires?

After your H1-B visa expires, you must leave the country for no less than one year. After the one year period has elapsed, you may once again reapply for the H1-B. However, one of the greatest advantages to the H1-B visa is that it allows the professional worker to seek permanent residency, or a “Green Card” for the worker and his/her entire nuclear family while working in the United States.

Given the complexities of the system, professional representation for those seeking employment in the United States is well advised. Often, mitigating circumstances may be overlooked by those unfamiliar with the system. Language barriers often lead to even more difficulties and frustration.

FOR A CONSULTATION, CONTACT US AT 952.746.2153 or visit www.workvisalawyers.com.

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at www.workvisalawyers.com.