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San Francisco Immigration Law Blog

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.

Does your company need an L-1A or L-1B visa for a transfer?

For many businesses, it makes more financial sense to transfer internal employees when a position opens up. Whether you are taking an employee with years of experience and promoting them to a new position or having that person move into a similar position in a new location, it can be much easier then training someone new.

It is also more cost-effective, as you will not have to spend weeks or months familiarizing somebody with your company's standard practices.

I-9 Verification Places Employers at Risk of Severe Penalties for Failing to Notice Errors in Paperwork

Employers are responsible for ensuring the employee completed section one of the I-9 Employment Eligibility Verification form and for completing section two of the I-9 Employment Eligibility Verification form, as well as to verify that proper documentation has been provided to demonstrate an employee's eligibility to work in the U.S. Failing to properly verify their employees places employers at significant risk of civil and criminal penalties.

The Department of Homeland Security Has Twenty Days to Provide a Rational Explanation to Deny DACA to Dreamers

The United States District Court for the District of Columbia again concludes that DHS's September 2017 decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was both subject to judicial review and arbitrary and capricious. However, the Court will continue the stay of its order of vacate for twenty days to permit the government to determine whether it intends to appeal the Court's decision and, if so, to seek a stay pending appeal.

What do you need to do to get the E-2 classification?

If you are planning on investing in the United States but live in a foreign country, one thing you should look into is an E-2 treaty investor visa. This classification identifies you as a person who is allowed to be admitted into the United States for the purpose of investing capital into U.S.-based businesses.

The E-2 nonimmigrant classification only works for those who are nationals of countries involved in the treaty. If your country is part of the treaty, then you and qualifying family members may be able to come to the United States to live.

Visa programs allow immigrant workers to stay with their families

Growing companies often need to have a broad approach to securing the best possible talent for open positions. In some cases, that could mean hiring workers from another country to fill a skilled role within your business. Whether that person has an existing relationship with your company or is a new hire, securing a work visa is only one critical step to hiring an international worker.

One of the biggest concerns for people from other countries considering a job in the United States of America is the potential for long-term separation from their families. Thankfully, most of the professional visa programs do have special processes in place to allow for family members to accompany workers with a valid visa during their time in the United States.

Trump's Immigration Policy Divides Immigrant Families

Attorney General Jeff Sessions' recently announced "zero tolerance immigration policy for illegal entry on our Southwest border" is counter to America's immigration policy favoring family unification because it will ultimately divide more families than unify them.

May 7, 2018, the US Attorney General Jeff Sessions further indicated this administration's position on immigration and families when he announced that the Department of Homeland Security will now refer 100% of its deportation proceedings for unlawful Southwest Border crossings to the Department of Justice for prosecution.

USCIS Director Announces Pending Changes to the H-1B Visa Program

On April 4, 2018, the Director of USCIS, Lee Francis Cissna, wrote Congress on USCIS' efforts to comply with the April 2017 Executive Order, "Buy American, Hire American." Below is Litwin & Smith's summary of the existing, pending, and proposed changes that have occurred since the Executive Order:

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