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H-1B Cap (Numerical Limitation) Explained
Date of Posting: Wednesday, 31st of December 2008

H-1B is a nonimmigrant visa status classification assigned to foreign workers employed temporarily in specialty occupations. In general, at minimum, to qualify as a specialty occupation, the offered position must require the minimum of a U.S. baccalaureate degree or its equivalent. Typical H-1B o...

OPT – Employment Option for F-1 Students and H-1B Cap Gap Relief Provision
Date of Posting: Wednesday, 31st of December 2008

Foreign nationals interested in studying in the U.S. for an extended period of time must obtain a student visa. The most common type of student visa is the F-1 visa. This type of visa allows a foreign national to study at an accredited U.S. college or university or to study English at a ...

Labor Condition Application– A Critical Component of H-1B Employer Complian
Date of Posting: Wednesday, 31st of December 2008

U.S. employers seeking to hire foreign nationals in certain specialty occupations under the H-1B visa category are required to file and obtain an LCA (Labor Condition Application) from the United States Department of Labor (DOL) prior to applying for the non-immigrant visa petition with the Unite...

PERM/Labor Certification for Employment-Based Immigrant Petiti
Date of Posting: Wednesday, 31st of December 2008

PERM/Labor certification is a prerequisite for many employment-based permanent resident immigration petitions. It is a process whereby the employer attests that although it has conducted recruitment, there are no qualified U.S. workers able, willing and available to perform the job that is being...

U.S. Citizenship
Date of Posting: Wednesday, 31st of December 2008

There are many advantages to becoming a U.S. citizen. U.S. citizens have the right to vote in U.S. federal and state elections; they are eligible to sponsor and bring family members to the U.S. permanently; they can obtain citizenship for their children who are born abroad; and they can travel ...

National Interest Waiver - Labor Certification Exemption for Certain Employ
Date of Posting: Wednesday, 31st of December 2008

As a general rule, the U.S. Citizenship and Immigration Services(USCIS) requires individuals seeking permanent residence under an EB-2 classification to have an existing job offer and an approved labor certification application before filing the employment-based immigrant petition (I-140). The EB...

Work Authorization in the U.S. - EAD
Date of Posting: Wednesday, 31st of December 2008

Foreign nationals who are temporarily in the United States and seek employment are required to obtain an Employment Authorization Document (EAD) from the United States and Citizenship Services (USCIS) prior to commencement of employment. It bears noting that U.S. citizens and lawful permanent res...

Employing a Legal Workforce in the U.S.
Date of Posting: Wednesday, 31st of December 2008

The implementation of the Immigration Reform and Control Act (IRCA) to cut down illegal immigration into the United States has made it mandatory for all U.S. employers to verify the identity and employment eligibility of all workers, including U.S. citizens hired to work in the U.S. As per...

Employment Eligibility Issues – Addressing Social Security’s “No-Match” Let
Date of Posting: Wednesday, 31st of December 2008

The Social Security Administration, also known as the SSA, each year mails out “no-match” letters to employers whenever the names or the social security numbers printed on the employer’s Form W-2 fail to match up to SSA’s own SSN database. These no-match letters let both the employer and the work...

J-1 Visa Waiver - Overcoming the Two (2) Year Residency Requirement
Date of Posting: Wednesday, 31st of December 2008

The J visa is a nonimmigrant visa that is issued to foreign nationals who wish to participate in exchange visitor programs approved by the U.S. Department of State. The exchange visitor program promotes the interchange of knowledge and skills. Participants include professors, research scholars, t...

Adjustment of Status versus Consular Processing
Date of Posting: Wednesday, 31st of December 2008

When filing an immigrant petition, whether it be an employment-based or family-based petition, the applicant has the choice to either choose consulate processing or adjustment of status as filing options. Consulate processing involves applying for an immigrant visa at a U.S. embassy or consulate...

Affidavit of Support (applicable to certain family-based and employment-bas
Date of Posting: Wednesday, 31st of December 2008

A U.S. citizen or permanent resident sponsoring a foreign national relative to become a U.S. permanent resident must accept legal responsibility for financially supporting that relative until he or she becomes a U.S. citizen or can be credited with 10 years (i.e., 40 qualifying quarters) of work....

“Green Card” Lottery – The Diversity Visa program
Date of Posting: Wednesday, 31st of December 2008

Foreign nationals who wish to obtain permanent residence in the U.S. must secure a “green card”, which is a personal identification card that establishes their lawful permanent residence in the U.S. There are certain eligibility requirements to qualify for a green card and generally, eligible for...

Child Status Protection Act – “Aging-Out"
Date of Posting: Wednesday, 31st of December 2008

Permanent Residence “Green Card” for children under age 21 U.S Citizens and legal permanent residents are eligible to petition for their minor children (unmarried sons or daughters under the age of 21) to become permanent residents. Immigrant petitions for immediate relatives i.e., minor...

Medical Examination for Immigrants
Date of Posting: Wednesday, 31st of December 2008

Most individuals seeking to adjust status to legal permanent residence (LPR) in the United States are required to submit an immigration medical examination and vaccination report. The medical examination report is used to determine the admissibility of the applicant based on medical grounds. One...

IMBRA - Effect on your K-1 Fiancé (e) or K-3 Spouse Petition
Date of Posting: Wednesday, 31st of December 2008

IMBRA (The International Marriage Broker Regulation Act) contains provisions to protect immigrant women from potential physical or mental abuse by their U.S. petitioner (who may have prior history of domestic abuse or criminal violations). IMBRA is a subsection of the Violence Against Women...

NEXUS – Membership Program Expedites Frequent Travel between U.S. and Canad
Date of Posting: Wednesday, 31st of December 2008

The Nexus program was established in 2000 by the U.S. and Canadian governments as an initiative to enhance border security. It was also designed to help expedite the immigration clearance process for pre-screened, low risk travelers enrolled in the program at the U.S. or Canadian borders (land, a...

SENTRI – Membership Program Expedites Frequent Land Border Crossing between
Date of Posting: Wednesday, 31st of December 2008

The SENTRI (Secure Electronic Network for Travelers Rapid Inspection) program was established as an initiative to enhance border security and at the same time expedite the immigration clearance process for pre-screened low risk travelers enrolled in the program at the U.S. and Mexican borders. In...

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