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IMPORTANT ANNOUNCEMENT: Obtain a Green Card via PERM Labor Certification & Employer Sponsorship Read more

San Francisco Immigration Law Blog

DHS will perform site visits to STEM OPT employer locations.

Until recently a provision in the May 2016, STEM OPT regulation was not enfored. Current immigration policy (81 FR 13039) clarifies DHS discretion to conduct employer site visits at worksites to verify whether employers are meeting program requirements, including that they possess and maintain the ability and resources to provide structured and guided work-based learning experiences.

How is a national interest waiver visa different from others?

Individuals from other countries seek work opportunities in the U.S. for many reasons. However, there are many restrictions and guidelines to be aware of. These revolve around the professional qualifications of the individual applying for that specific work visa.

Employment-based immigration is split into two work visa categories, first and second preferences. First preference visas require an individual to fall within three of their eligibility criteria and require extensive evidence and documentation.

Asylee EAD expiring, Spousal EAD months away what to do?

While a US citizen sponsored spouse might not be ineligible to adjust for unauthorized employment. An LPR sponsored spouse would be ineligible. Further, while the sponsored spouse may not be ineligible for a green card. The employer may be penalized for employing without authorization. After the current EAD expires could take time off from work and wait for the new one. But, as you may have multiple EAD filings. Rather than be off work or work without authorization. We would recommend filing the C-08 EAD. It provides 180 days of employment authorization while the I-765 is pending adjudication to bridge the gap.

Get a Green Card: Know if you're eligible

You want to stay in the United States and work. You know that there are opportunities for you, your family and your friends. Being able to work here is like a gift. With the right opportunities, everyone in your social circle benefits.

Getting a Green Card is one of the first things you need to do, but you have to be eligible for it. Your Green Card will give you official immigration status in the U.S., minus the risk of deportation without just cause. You'll be entitled to many of the same rights and responsibilities of the people born in the U.S. Additionally, a Green Card is a necessity if you plan to naturalize in the future and become a U.S. citizen.

Labor certification is required for some employment visas

Some individuals who come into the United States do so through an employer. The labor certification for which employers can apply enables them to bring people into the country to fill jobs. The program is overseen by the Department of Labor.

The DOL handles the labor certification process to ensure that the people coming into the U.S. aren't going to take jobs from citizens here. It also looks into whether hiring the foreign worker is going to have a negative impact on working conditions or wages. If it will, the labor certification won't be issued.

Green Card via PERM labor certification & employer sponsorship

The most common form of green card sponsorship through employment is the PERM labor certification. Often, after obtaining a nonimmigrant employment visa. The most popular nonimmigrant employment visas are H-1B, E-1, E-2, L-1, and O-1. Although F-1, J-1, P, TN, and E-3 may be pathways to permanent residency as well.

Alternatively, employment-based immigrant visas not requiring labor certification are available, including EB-1A, EB-1B, EB-1C, EB-2 NIW, EB-4, and EB-5. These visas automatically provide an employment-based green card but have higher criteria to obtain and longer processing times than nonimmigrant visas.

Details of the H-1B visa application process

Applying for any of the three main types of H-1B visa is a detailed process that requires input and action from both the employer and employee. All H-1B visas are designed for foreign workers with special skills or those who work in a specialized industry.

While additional details are likely to come to light during the application process, here are the three primary steps required for an H-1B application:

  • Employer completes and files a Labor Conditional application with the Department of Labor: In this application, the employer agrees to comply with all labor requirements associated with bringing an employee to the United States on an H-1B visa. Any violation of these requirements can result in a fine, banning additional visa applications and other sanctions.
  • Employer completes and files a Petition for Nonimmigrant Worker with the U.S. Customer and Immigration Services: A Petition for Nonimmigrant Worker, also known as Form I-129, should be submitted to the proper U.S. Customer and Immigration Services center, based on location, and accompanied by a Labor Condition application.
  • The prospective worker applies for an H-1B visa before entering the United States: After the employer submits the necessary information and receives approval, the foreign worker, who at that point is still outside the United States, will apply for an H-1B visa.

Cinco cosas que todo indocumentado debe saber en EEUU

En estos últimos años, la situación para las personas que no se encuentran de manera legal en los Estados Unidos ha sido cada vez más difícil. Los controles migratorios se han vuelto mucho más estrictos y son cada día más frecuentes a lo largo del país, en especial en el Estado de California.

Esto ha hecho que muchas personas sin documentos hayan sido detenidas y en algunas ocasiones, las mismas; no han sabido cómo reaccionar ante tal situación.

A continuación, te presentamos 5 derechos que todo inmigrante indocumentado debe conocer:

Types of employment visas employers might find beneficial

Some individuals who come into the United States do so on an employment visa, which is sponsored by an employer. When employers want to get workers here via one of these visas, they must know a bit about the options that fall under this category.

As an employer, you have several things that you have to do in order to make it possible to bring talent in to work here from another country. All employment visas are categorized into five preferences, each denoted by E followed by a number. Some of these have subcategories within the preference.

The EB-5 visa program allows investors to come to the U.S.

There are many different visa programs to help people immigrate to the United States, each of which can apply to different personal and career situations. Many people are familiar with the HB-1 visa, which allows for skilled workers to enter the United States. Others are also aware of the L group of visas, which help those with existing work relationships with a company to transfer to the United States.

However, exceptional professional careers do not always result in employment. Sometimes, the most exceptional professionals are actually job creators, as opposed to individuals accepting jobs from others. For many years, individuals who were job creators and not employees had a difficult time gaining legal entrance into the United States for work.

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