Outstanding Professors and Researchers
Professors or researchers who can show that they are recognized internationally as outstanding in a specific academic area and that they have at least 3 years of experience in teaching or research in the that area may qualify for a green card as a “priority worker.” Applicants must be entering the U.S. for (1) a…
Nunc Pro Tunc Asylum Procedures
While not used very frequently, the Nunc Pro Tunc Asylum filing procedure is a huge benefit for dependent aliens who have lost their derivative asylee status inadvertently or through no fault of their own. Nunc pro tunc is a legal phrase which means “Now for then.” In a real world context, it applies to acts…
National Interest Waiver
Workers who can demonstrate that they will be coming to the U.S. to do work that is in the “national interest” may get a visa without having a specific job offer and without obtaining a labor certification from the Department of Labor. Under this particular provision of the law, which applies to persons with exceptional…
THE LEGAL IMMIGRATION AND FAMILY EQUITY ACT (LIFE Act)
WASHINGTON, D.C – On December 21, 2000, President Clinton signed into law the Legal Immigration and Family Equity Act (the LIFE Act). Among the many changes to existing immigration law, the LIFE Act contains a provision which extends Section 245(i) of the Immigration and Nationality Act until April 30, 2001 – thus making hundreds of…
L-1 (Intracompany Transferee) Visas
L-1 visas are for “intra-company transferees.” In short, intra-company transferees are defined as people who have worked for a foreign company in an “executive,” “managerial,” or “specialized knowledge” capacity and are being transferred to a parent, branch, affiliate, or subsidiary (of the foreign company) in the United States to work. L-1A visas are reserved for…
Labor Certification through PERM
Given below is an outline of the procedure for an alien seeking to apply for an immigrant visa (green card) to perform skilled or unskilled labor in the United States. To receive an immigrant visa to perform skilled or unskilled labor in the United States, the alien first has to obtain a formal certification from…
EMPLOYMENT BASED IMMIGRATION
Skilled & Possibly Skilled Positions An employer who is interested in “sponsoring” an immigrant worker based upon a job offer needs to understand the legal difference between “skilled” and “unskilled” job positions. Under the law, a position will be classified as “skilled” only if the employer normally requires at least 2 years of training or…
K- 3 and K- 4 Visas
The LIFE Act amendments that were passed in 2000 established a new nonimmigrant category that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category: a K-3 visa (for spouses) and a K-4 visa for unmarried children of the spouse under 21. If you are…
K-1 and K-2 Visas
K-1 Visas are available to foreign nationals who would like to enter the U.S. for the sole purpose of marrying a U.S. citizen. Minor children of the alien fiance(e) may accompany them to the U.S. using a derivative K-2 visa. K visas are unique in that they are the only “non-immigrant” visa classification which require…
J-1 Waivers
If you are an J-1 exchange visitor, you may be subject to the 2 year foreign residency requirement provided by Section 212(e) of the Immigration and Nationality Act if: You received any funding from the U.S. Government, you own government, or an international organization in connection with your participation in the Exchange Visitor Program; The…
