Visa Lawyer BlogThe Department of Labor (the Department) is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. Theses are major changes, so please review the chart below to compare with the 2009 changes.
E2 Visa Attorney – Israel may soon be part of the Investment Treaty E2, Historic development
Israelis may soon be able to live and work in the US as small Business owners by investing money in active and new Businesses. The US Congress is currently legislating a bill that, if passed, will make it easier for Israeli businessmen and investors to receive a visa to the US.
Jewish US Congressman Anthony Weiner from New York placed a bill on the House Judiciary Committee’s table that will allow Israeli investors access to this benefit.
The E2 visa is a special non-immigrant visa available to nationals of treaty countries entering the US to do the following:
F1 and J1 Visas – New Nonimmigrant Visa Interview Waiver Pilot Program
Some good news to help speed up the process of getting a Student Visa. On January 19, 2012, President Obama announced an initiative to improve and speed up the visa process for certain categories of travelers. One of the cornerstones of this initiative is the Department of State’s Nonimmigrant Visa Interview Waiver Pilot Program, under which certain foreign visitors who were interviewed in conjunction with a prior visa application may be able to renew their visas without undergoing another interview.
What are the prevailing interview and fingerprint requirements of the U.S. nonimmigrant visa (NIV) application process?
Generally, all Non Immigrant applicants must make a personal appearance and be interviewed by a consular officer. In addition, visa applicants must provide biometric identifiers for verifying their identity (the biometric identifiers currently required are fingerprints and a photo image).
PERM – How to obtain a Green Card through Employment?
PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment.
To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.
The employer must be prepared to hire the foreign worker on a full-time and permanent basis. Watch our Video to learn more, and yes you can subscribe to our You Tube Channel as well, click here.
H2A VIsas – Kansas Seeks Waiver for Undocumented Workers, allowing them to Stay and Work
For more than a century, agriculture has been an entry point into the labor market for immigrants in the United States. Presently, close to three-fourths of all U.S. hired farm workers are immigrants, most of them unauthorized. Their unauthorized legal status, low wages, and an inconsistent work schedule contribute to a precarious economic state.
In a move that reflects the growing agricultural labor shortage across the country, Kansas Agriculture Secretary Dale Rodman has decided to seek a federal waiver that would allow Kansas dairies and feedlots desperate for workers to hire undocumented immigrants.
The proposal is likely to stir controversy in the Kansas Legislature and divide the Republican majority, some of whose members are pursuing proposals to crack down on illegal immigration. Representatives of the business coalition, which includes agriculture groups and the Kansas Chamber of Commerce, provided a draft copy of their proposed legislation to The Associated Press ahead of its formal introduction in the House and Senate.
K1 Visa Attorney – Can Fiance Visa applicants obtain a work authorization?
The question whether a Fiance Visa beneficiary can obtain a work permit during the 90 days visa validity comes up frequently. The K-1 fiance visa was created exclusively for United States citizens engaged to a foreign citizen. It allows a United States citizen to bring their foreign fiance to the United States to live with them permanently, provided that they get married within 90 days of the foreign fiance’s arrival. The United States citizen is called the petitioner and the foreign fiance is called the beneficiary.
This issue came up recently at a meeting between representatives of the American Immigration Lawyers Association and Customs and Border Protection Reps.
By regulation, K-1 nonimmigrant aliens are authorized to engage in employment pursuant to and incident to their status, but they must apply to USCIS for an EAD. 8 C.F.R. §274a.12(a)(6). The EAD requirement creates a significant problem since USCIS routinely takes approximately 90 days to issue an EAD, and applicants may only hold K-1 status for 90 days following admission. Thus, a K-1 entrant cannot effectively obtain work authorization during the period of K-1 admission, even though he or she is supposedly work-authorized “incident to status.”
President Obama Outlines Immigration Reform Proposals for Business Growth
A number of measures to help startups and support entrepreneurs have either been introduced in Congress or on their way. But if lawmakers don’t act on them by early Spring, their sponsors are doubtful they’ll come to pass this year.
Yesterday, President Obama sent Congress a new Startup America Legislative Agenda to accelerate startup and small business growth following his State of the Union Address last week. The agenda lays out his legislative vision as well as his intent to proceed with a series of administrative reforms that would be completed in the future.
Among these are several key immigration initiatives to be implemented at some future point by the Department of Homeland Security and the Department of State. These include:
Undocumented Immigrants in the Military may Get Citizenship – New Bill Introduced
Rep. David Rivera (R-Fla.) proposed a bill this week similar to the DREAM Act but aimed only at those who serve in the military. Illegal immigrants are currently not allowed to join the military.
“If these young people are willing to die for America, then certainly they deserve a chance at life in America,” Rivera said in a statement.
Rivera’s bill, called the ARMS Act, would grant illegal immigrants who join the military the ability to apply for permanent resident status after five years.
I-601 Waiver Attorney – Provisional waiver determination inside the United States clarifications
On January 6, USCIS posted a notice outlining its plan to reduce the time that certain families are separated when the foreign national goes home to apply for an immigrant visa. The current process allows applicants to file for a waiver only after they have their initial interview at the U.S. Consulate, usually in their home country. Under the proposed process, the applicant may file the waiver application with USCIS while they are still in the U.S. The provisional waiver will be available only to applicants with U.S. citizen spouses or parents, but not to applicants whose qualifying relatives are permanent residents.
Although the new process will change the filing procedure for some, all applicants are still required to prove that the qualifying relative will suffer extreme hardships if they are not re-admitted to the U.S.
The following post will explain a few of the misconceptions about the new proposals and address a few of the questions clients have been asking.
President Obama Needs to Follow Through On Immigration Reforms
On Wednesday, President Obama gave the State of the Union address. During his speech, President Obama discussed many key themes in immigration, including the DREAM Act for students and foreign students educated in this country to have a way to legalize their status, and a belief that he’s done enough to the secure the border. More importantly, he framed these themes in context to America’s economic recovery, innovation and growth.
In the State of the Union address, President Obama repeatedly signaled to Congress that he would sign sensible bills to reform our immigration system, big or small. But he quickly noted that partisan politics would make it all but impossible to pass comprehensive reform:
“The opponents of action are out of excuses. We should be working on comprehensive immigration reform right now. But if election-year politics keeps Congress from acting on a comprehensive plan, let’s at least agree to stop expelling responsible young people who want to staff our labs, start new businesses, and defend this country. Send me a law that gives them the chance to earn their citizenship. I will sign it right away.”