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

San Francisco Immigration Law Blog

Immigrants to be denied visas if they can’t afford health care

The current administration said it would deny visas to immigrants who are unable to prove they can pay for their own health insurance or medical costs once they become official residents of the United States.

The administration justified the move by saying immigrants are three times as likely to lack health insurance coverage, which would impose a burden on American hospitals and taxpayers. The president said the U.S. government is “making the problem worse” by admitting thousands of undocumented immigrants who are not able to pay for their medical costs and that they should not “further saddle the current health care system.”

Immigrants to be denied visas if they can't afford health care

The current administration said it would deny visas to immigrants who are unable to prove they can pay for their own health insurance or medical costs once they become official residents of the United States.

USCIS Seeks to Limit EAD for Foreign Nationals Paroled Into the US

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Litwin & Smith recommends that you maintain your H-1B. Adjustment of Status EAD cannot be relied upon.

U.S. Citizenship and Immigration Services (USCIS) issued a immigration policy alert on August 19, 2019, stating that USCIS is enhancing its adjudicators' discretion to grant or deny work permits to foreign nationals paroled into the United States under INA 212(d)(5). This policy change affects many foreign nationals awaiting lawful permanent resident status.

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.

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