Inadmissibility
Before being granted an immigrant or nonimmigrant visa, every alien must prove that s/he is not “inadmissible” under the U.S. immigration laws. Inadmissibility is used to describe a vast array of conditions or characteristics which Congress has determined are undesirable, all of which are generally based upon the alien’s conduct or status. An alien who…
I-601 Provisional Unlawful Presence Waiver
Introduction The new Provisional Unlawful Presence Waiver, which goes into effect on March 4, 2013, allows immigrant visa applicants who are spouses, children and/or parents of U.S. citizens to apply for a waiver before they leave the United States to process for their immigrant visa at a U.S. embassy or consulate. The provisional waiver may…
H-1B Occupations
In an effort to facilitate the speedy processing of H-1B visa cases for our clients, we have prepared a list (below) of occupations which may qualify as “specialty occupations” under the law, depending on the sponsoring employer’s actual requirements. Accountant Actor Account Representative Acupuncturist Administrative Assistant Agriculturalist Agronomist Analyst, Computer Systems Animal Scientist Architecht Asian…
H-1B Employer Responsibilities for H-1B Employee Termination, Layoff or Reduction of Hours
This memorandum is to inform an employer of an H-1B nonimmigrant worker of its legal responsibilities in the case a material change to the terms and conditions of the H-1B visa worker’s employment. Particularly discussed is what the H-1B employer’s responsibilities are in the following situations: 1. Termination of the H-1B worker‘s position; 2. Temporary…
H-1B Specialty Occupation Visas
H-1B visas are available to qualifying foreign workers who will perform temporary services in a “specialty occupation“. An initial H-1B petition may be valid for up to 3 years. Extensions of an additional 3 years are also allowed. Extensions beyond 6 years will be permitted if the H-1B visa holder is applying for permanent residence…
Pathways to a Green Card
There are many different pathways to a Green Card (immigrant visa). Your eligibility for a Green Card will generally depend upon whether you can establish that you have a qualifying relationship to a U.S. citizen or permanent resident individual or employer OR whether you can show that you have a certain status or characteristic, such…
F-1 Student Visas
Foreign students who have been accepted by INS approved schools, colleges or universities in the U.S. may be eligible to receive F-1 Student Visas. As a precondition to receiving an F-1 Visa, prospective students must first obtain a Form I -20 from the accepting school. The I-20 will serve as verification to the INS that…
Filing an Application for Extension of Stay After your I-94 has Expired
Foreign nationals who enter the U.S. on non-immigrant visas (such as a B2 tourist) often wish to extend their stay beyond the usual 6 month period that they were granted when they arrived in the U.S., as shown on their I-94 arrival/departure record. Normally, this can be done through the filing of an I-539 Application…
Employment Authorization
In order for an alien to work in the U.S., they must first get permission to do so from USCIS. Only USCIS has the authority to grant an alien such permission, or “employment authorization” as it is legally called. It is important to understand that employment authorization cannot be granted by itself; in other words,…
E-2 Treaty Investor Visas
E-2 Treaty Investor visas are available to persons who are entering the U.S. “solely to develop and direct the operations of an enterprise in which he has invested, or is actively in the process of investing, a substantial amount of capital.” As a precondition to the availability of the E-2 visa, the home country of…
