For a foreign alien wishing to live, work, and/or build a life in the United States, a green card, also known as Law Permanent Residency, is the most coveted status there is. A green card holder has nearly equal rights as a U.S. citizen, being allowed the most expansive privileges and rights that can be […]
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Among the many legal considerations a foreign national present in the United States must be aware of, one of the most important is their tax status. In other words, should you be classified as a “resident for tax purposes” or “non-resident for tax purposes?” Tax residency status is based on the length of time the […]
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As announced on January 15, 2016 by the Department of Homeland Security (DHS), there are some updates being made to the E-3 nonimmigrant classification as of February 16, 2016. Due to the arcane language often used by the DHS and the complexity of the US immigration system, there seems to be widespread confusion and misunderstanding […]
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An I visa, which is set aside for foreign media members, is a relatively uncommon designation when compared to other types of non-immigrant visas. While there are only around 30,000 or so issued each year, they greatly aid foreign media members in performing their jobs here in the U.S. Qualifications In order to be granted […]
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Renewing Your Green Card When you are approved for lawful permanent residency in the U.S., it is something you can hold onto indefinitely provided that you comply with all related rules and regulations. The “green card” is the document or card that a lawful permanent resident uses to evidence to an employer and various government […]
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Understanding the TWIC Annotated B-1 Visa A TWIC annotated B-1 visa is a visa designation granted to a visiting foreign maritime worker who requires access to secure U.S. maritime facilities. Once granted, the foreign worker may apply for a Transportation Worker Identification Credential (TWIC), issued in the form of a biometric identification card. The annotation […]
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US Visas For Pro Gamers At this point, most of us grew up playing video games. The imaginary worlds and characters usher feelings of cheerful nostalgia and memories of lighthearted competition among friends. Increasingly, professional gaming is receiving recognition as a legitimate and highly specialized industry and constitutes a hybrid between sport and art. The world […]
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US Visas for Real Estate Professionals The real estate industry in the United States has been experiencing rapid growth in the last several years. Nowhere is this more apparent than in the New York City metropolitan area. This seemingly limitless growth and influx of capital is attracting the attention of international real estate management and development […]
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Understanding the O-2 Visa The O-2 visa is a designation given to alien individuals who travel with, aid, and assist an O-1 visa holder in an essential capacity. However, this designation is available only for accompanists who assist O-1 visa holders in the athletic, artistic, or movie and TV industries. O-2 visas are not granted […]
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Understanding the L-1A Visa The L-1A visa is an intracompany nonimmigrant classification that allows a foreign company to transfer qualified executives and managers to their U.S. affiliate, parent, subsidiary or branch. The L-1A visa application process initially requires the U.S. entity to submit a comprehensive petition detailing the transfer to the U.S. Citizenship and Immigration […]
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Understanding the EB-1A Visa The EB-1A classification, or Alien of Extraordinary Ability, is essentially an achievement-based category for green card applicants. Individuals who qualify for this opportunity have shown extraordinary ability in their particular field of endeavor, which has in turn allowed them to rise to the top of their profession. Unlike with labor-based certifications, […]
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As a result of the Supreme Court’s holding on June 26, 2013 that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, Janet Napolitano, the Secretary of Homeland Security, directed US Citizenship and Immigration Services (USCIS) to adjudicate green card applications filed in connection with same-sex marriages in the same manner as those […]
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Finding An Immigration Lawyer Immigration to the United States, to either start a new life or launch a business venture, can be a difficult and complex process to navigate. Even if you’ve already received the necessary application paperwork, you may be facing unique immigration-related circumstances and/or lack the confidence to go through the process alone. […]
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How can I go from the TN visa to green card? Under the North American Free Trade Agreement, the Trade NAFTA visa, or TN visa, allows certain Canadian and Mexican professionals to enter the United States for a temporary period to work for a U.S. employer. Today’s post concerns the process through which a TN […]
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Making An InfoPass Appiointment There may come a time where you, as a nonimmigrant awaiting green card approval in the United States, will need to temporarily leave the United States to tend to an emergency situation abroad prior to the approval of your advance parole travel authorization. In such cases, you will want to apply […]
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Understanding The Risks Of Applying For A Green Card Through Marriage You have just married your U.S. citizen sweetheart and now it is time to apply for a green card through marriage. After researching the matter online and talking with friends, family members, and colleagues, you acquire a basic understanding of the process…a few forms, […]
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The Green Card Marriage Interview If this particular article has piqued your interest you are probably researching the marriage green card process and the various steps involved. Or, perhaps, you are far along on the process and are about to embark on the highly anticipated “adjustment of status” interview in connection with the marriage green […]
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Preparing for Your Green Card Interview Many dread the green card interview, whether it’s because of information obtained online, rumors heard from friends and family, or just a general fear of dealing with the government face to face. A certain level of anxiety is common and expected, but if you are well-prepared and working closely […]
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Understanding Green Card Application Fees The following is a list of the green card application fees involved in a green card through marriage case: $675, USCIS filing fee for the Immigrant Petition $1,440, USCIS filing fee for the Adjustment of Status application $150 – $300, approximately, for the medical exam $260, optional fee for the […]
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An E-3 visa is a United States work visa exclusively for citizens of Australia. The E-3 visa came into being as an indirect, legislative offshoot of the Australia-United States Free Trade Agreement (AUSFTA) of 2005. As far as U.S. work visas go, the E-3 visa shares many structural similarities with the more well-known H-1B […]
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Understanding The H-1B Visa Lottery The H-1B Visa Lottery is a process used to determine which of the several hundred thousand H-1B applications will be one of the final 85,000 chosen in a given fiscal year. The filing window for the H-1B for the fiscal year, which starts October 1, opens on April 1 and […]
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Despite an abundance of skilled, qualified, and highly-educated workers already living in the United States, there will be times when the most talented individuals in a given field are of foreign descent. It’s why companies file thousands of annual petitions with the USCIS to bring H-1B foreign nationals to the U.S.; they understand that employing […]
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Finding The Right Immigration Lawyer For You Immigration to the United States, either to start a new life or launch/join a business venture, can be a difficult and complex process to navigate. Even if you’ve already received the necessary application paperwork, you may be facing a unique immigration-related circumstance and/or lack the confidence to go […]
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An H-1B visa is a tool used by U.S. companies to offer sponsorship to foreign workers with specialized skills and education, thereby allowing foreign nationals to temporarily work in the United States. There may come a time, however, when the H-1B foreign worker discontinues their employment with the original company to seek employment with a […]
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Today’s post concludes our series regarding Employment-Based Green Card Applications. The third and final installment is titled, “Application for Permanent Residence.” Part 3: Application for Permanent Residence After both the Labor Certification Application and the Priority Date and Visa Petition portions have been completed, the applicant moves on to the Application for Permanent Residence phase. […]
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Today’s post is Part 2 in the Employment-Based Green Card Application titled, “The Priority Date and Visa Petition.” Part 2: Priority Date and Visa Petition After the successful completion of the Labor Certification Application, the next step is to receive a Priority Date, which is considered your “place in line” in regards to your eligibility […]
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This is the beginning blog post in a three-part series titled, “Employment-Based Green Card Application.” Today’s post is a summary of the initial step in the employment based green card application process, the Labor Certification Application (AKA PERM). Part 1: Labor Certification Application (AKA PERM) The first step in obtaining an employment-based green card is […]
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Policies Supporting U.S. High-Skilled Businesses and Workers It seems that the U.S. government is belatedly realizing the importance of certain foreign workers to the national economy. Contained within the president’s executive order on immigration reform are new provisions designed to assist highly-valued foreign technology entrepreneurs in remaining in the United States. The Department of Homeland […]
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Under the terms of the North American Free Trade Agreement (NAFTA), foreign professionals from Canada and Mexico may apply for a special TN visa that allows them to gain entry into the United States to work for a U.S. employer. As NAFTA has resulted in many business and trade arrangements between the U.S. and neighboring […]
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The North American Free Trade Agreement (NAFTA) Visa (also known as the TN visa) is a visa category for citizens of Mexico and Canada seeking to work in a professional capacity for an employer in the United States. NAFTA created economic and business relationships advantageous for the U.S., Mexico, and Canada, and occasionally allows for […]
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There are a variety of options for obtaining a US work visa for architects. Even if you are not a licensed architect, you could still qualify for a work visa in the United States in the field of architecture. In order to qualify for a work visa, you must have sponsorship from an employer in […]
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The R-1 visa is a great option for a Rabbi coming to the US to work in a Rabbinical role. For US immigration purposes, a Rabbi is considered a “minister of religion,” (one of several occupational categories of R-1 religious workers). This means that they are employed in a professional capacity in an religious vocation or […]
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Preparing for An I-751 Petition Now that you have a two year green card, start preparing for your Petition to Remove Conditions on Residence with these easy steps. If you have been married for less than 2 years at the time you are approved for a green card that was obtained through marriage to a […]
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Continuing our discussion of the “P” visa classifications, we now examine the P-2 visa. If you’ve missed our previous discussion on the P-1 visa, you can find it here. The P-2 visa is the second of three P visa classifications, along with the aforementioned P-1, and the P-3. P-2 Visa A P-2 Visa is designated […]
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A “P” visa denotes a category of visas issued to accomplished entertainment companies (circuses included), athletic teams, and athletes that have received an offer of short-term employment from a U.S. based employer. P visa classifications are as follows: P-1, P-2, and P-3. Today’s blog topic goes over the P-1 Visa. P-1 Visa A P-1 Visa […]
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An H-1B visa is the standard non-immigrant visa that a U.S. employer will apply for when sponsoring skilled foreign workers. However, the H-1B visa does have several restrictions and limitations, meaning it may not always be the best option for the foreign employee. Deciding on the correct visa to apply for is crucial, as it […]
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There is a lot of information to process when sorting through the requirements for getting a visa to the United States. One of the most common misunderstandings is the difference between a Visa and a status. Many people use the two terms interchangeably, but they are two different concepts. This quick guide will lay out […]
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What is DAPA? Deferred Action for Parental Accountability (“DAPA”) is a component of the “Immigration Accountability Executive Action” that provides temporary relief (“deferred action”) from deportation to parents of US citizens or legal permanent residents. DAPA is structurally similar to the existing Deferred Action for Childhood Arrivals (“DACA”) program currently administered by the USCIS in that […]
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One of the major announcements in President Obama’s recent executive action focuses on expanding the Deferred Action for Childhood Arrivals (“DACA”) program so that more people can qualify for the program. The deferred action program allows certain qualifying individuals who are in the United States illegally to stay in the United States without fear of […]
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Things You Should Know When Applying For a H-1B Visa One of the most common and highly sought after U.S. work visas is the H1B visa. Every year on April 1 the U.S. government makes available 85,000 new H-1B visas. Of the 85,000 spots made available every year, 20,000 are allocated to the “advanced degree […]
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Lightman Founder Contributes To Gigaom Immigration Discussion Lightman Law Firm founder and principal attorney, Douglas Lightman, recently contributed to the Gigaom.com article, “Can Facebook help immigrants prove their presence in the US?” Mr. Lightman commented on the type of documents that immigrants can (and should) provide during the deferred action application process. These documents (as well as social media) are meant to prove […]
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Explanation of the Executive Action As a preliminary note, it is important to understand that the strategy proposed by the President in his speech on November 20, 2014, is categorized as an executive action, not an executive order. Executive actions are a set of policy goals set forth by the President, applied to agencies and […]
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Barack Obama’s Immigration Reform Proposals Last night President Obama announced a bold executive action aimed directly at reforming and expanding current immigration policy. Following a lack of action on behalf of Congress to propose comprehensive reform, President Obama laid out a series of defined and targeted actions that would change the face of immigration policy […]
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Selecting an Immigration Lawyer for Your H-1B Visa Application With 85,000+ new H1B visas provided each year by USCIS and thousands of other individuals in H1B status or subject to the H1B cap, there are easily hundreds of thousands, if not millions, of searches for a suitable H1B visa immigration lawyers by individuals and employers throughout […]
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The E-3 visa is a 2-year nonimmigrant US work visa that is exclusively for citizens of Australia. The visa allows Australian nationals to work for a sponsoring US company in a “specialty occupation” role. Although the visa is capped at 10,500 a year, it has never filled up. Intro Unlike some other types of work […]
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The purpose of this blog post is to discuss the type of evidence that is usually provided to meet the O-1 visa extraordinary ability requirements for an Art Director or Creative Director. Introduction to the O-1 Visa for an Art Director or Creative Director In order to qualify for an O-1 visa as an Art […]
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One of the most challenging types of H-1B visa filings is one where the H-1B worker will be placed at a third party work-site. The reason this type of H-1B visa filing is so challenging is because the US Citizenship and Immigration Service (“USCIS”) is highly concerned about a wide variety of issues pertaining to […]
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To conclude the ongoing discussion about the H-1B Visa application process from beginning to end, today’s post addresses the specific information required from the foreign national employee. If you haven’t yet viewed the previous H-1B Visa posts in this series, make sure to catch up on them first including the required information and documentation pertaining to […]
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A Canadian citizen has the following options in regard to applying for a TN visa: pre-flight clearance at an airport in Canada; airport in the US after entry from abroad; land border port-of-entry; or through the US Citizenship and Immigration Service. Below is an overview of these options. Applying for a TN Visa at Pre-Flight […]
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Continuing our ongoing discussion about the H-1B Visa application process from filing to completion, today’s post covers the information required about the specific job/position of the sponsored foreign national. If you haven’t read last week’s H-1B Visa post covering the general information and documents needed from the nonimmigrant worker’s employer, catch up on that post […]
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Things You Should Know About the H-1B1 Visa The H-1B1 visa is a nonimmigrant visa available to citizens of Chile and Singapore. Under the US-Chile and US-Singapore Free Trade Agreements, US employers may employ individuals in specialty occupations, for a specified period of time. The number of H-1B1 visas cannot exceed 1,400 for Chile, or […]
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I-94 form for immigrant visa If you are at any point in the application process for a visa to the United States, you’ve no doubt heard of the I-94. The I-94 is a document that tracks entrances and departures in and out of the U.S. It can also be used as proof of status for […]
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To continue our ongoing discussion of the H-1B Visa and the entire application process from filing to completion, today’s post addresses the specific information and documentation needed from the petitioner – the U.S. company. Required Documentation for the H-1B Visa Application H-1B Visa requirements stipulate that the U.S. employer, and not the foreign employee, is […]
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Under the North American Free Trade Agreement (NAFTA), a Canadian or Mexican citizen who seeks temporary entry into the United States to work for a US company may do so with a TN Visa. The applicant seeking classification as a TN must demonstrate business activity at a professional level in one of the enumerated professions […]
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Advice On Applying for an E-3 Visa The E-3 visa is a specialty occupation work visa available to Australian citizens, allowing an Australian citizen to work in the United States for renewable two year periods. In order to qualify for an E-3 visa, you must have a sponsoring employer and a degree relevant to your […]
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The H-1B Visa is a great work visa for employment in the United States. The visa allows foreign workers to work in professional positions for an employer in the U.S. The intent of the visa is to permit employers to recruit and employ foreign workers for specialty jobs within the U.S. Spouses and children can […]
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How can I Improve My Chances of Selection in the H-1B Lottery? Every year, on April 1st, USCIS opens the filing window for the H-1B visa for the upcoming fiscal year, which starts on October 1st of the same year. USCIS releases 65,000 H-1B visa spots for all applicants and an additional 20,000 spots for […]
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One of the most important aspects of qualifying for an H-1B visa is making sure that the position and foreign national have met the required educational requirements. What does this mean exactly? In very simple terms, it means two things: The position requires a minimum of a bachelor’s degree, or equivalent, in a specific field […]
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