Immigration Articles  |
| Useful articles on a variety of immigration topics. |
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| Staffing or Third-Party Placement Consulting Companies May No Longer Qualify for H-1B Visas |
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| On January 8, 2010, the United States Citizenship and Immigration Services (USCIS) issued a memorandum intended to clarify the meaning of the “employer-employee” relationship for H-1B visas. The January 8 memo focuses in particular on the employer-employee relationship where beneficiaries are placed at third-party worksites, are independent contractors, or are self-employed. While the January 8 memo does not change any of the basic requirements for H-1B visa classification, the clarifications provided means that USCIS will be taking a closer look at all H-1B visa petitions, both new employment and extension petitions. The article will address several of the main points of the USCIS memorandum on H-1B visas through a “Question and Answer” format. |
| Do You Know that Deportability and Inadmissibility Can Obstruct Your Path to US Citizenship? |
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| The purpose of this article is to provide a basic introduction to the grounds of inadmissibility and deportability. A foreign national who has been convicted of a crime (anywhere in the world) may be deportable, inadmissible, or both. Non-citizens in the United States, including lawful permanent residents (green card holders) are subject to the grounds of inadmissibility and deportability. This means that they may be denied admission into the United States or denied a visa or permanent residence based on the grounds of inadmissibility or deported from the U.S. based on the grounds of deportability. The grounds of inadmissibility are generally broader than the grounds of deportation. Therefore, you ought to be aware of the causes that may render you either inadmissible or deportable no matter if you did anything knowingly or unknowingly. |
| Crime and Criminal Activities – How Can They Affect Your Status in the US? |
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| This article discusses some of the potential immigration consequences of criminal activity by a foreign national and also lists some measures you can take to protect your status and your long term plans to settle in the US. Criminal activities can adversely affect your immigration status in the US. In general, the immigration consequences of criminal activity are very severe. Commission of a single offense may make a foreign national inadmissible and/or deportable on multiple grounds. |
| The H-1B Cap - Who is not subject to it? |
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| We all are well aware of the H-1B cap restriction but most of us aren’t aware of the fact that not every H-1B petition is subject to the cap. The H-1B cap is the biggest concern both for prospective employers and proficient employees. While the H-1B cap is currently set by statute at 65,000, there are several exemptions that raise the actual number of new H-1Bs each year. It is highly important that you carefully analyze which H-1B cap exempt category you or your employer call into. This article has been designed to assist the employers and the employees from becoming the victim of the H-1B cap restriction. Go ahead…read the article and enjoy your H-1B filing without falling prey to the H-1B Cap. |
| I-94 or Visa: How Long Can I Stay? |
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| There is an aphorism ‘little knowledge is a dangerous thing,’ and its cent percent true. The lack of knowledge or misunderstanding about the role of a visa and the ”I-94 card” has been a major factor for many foreign nationals that have fallen out of status in the United States. Very few foreign nationals are aware that their stay in the US is controlled by the I-94 card issued to them at the time of entry, and not by their visa. This lack of understanding has landed many foreign nationals in trouble. It is the I-94 card that says how long you can stay in the US, and in what status you were admitted. Thus it is for this reason that we have designed this article especially for you to help you understand the purpose of and the difference between the I-94 card and visa so that you can avoid yourself landing in trouble. |
| Inspection Process at US Ports of Entry – Things You Must Know! |
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| If you are traveling to the United States for the first time you are likely to have questions about what happens when I arrive at the Port of Entry? A foreign national traveling to the United States will arrive initially at a US “Port of Entry" (POE). The POE can be an airport, a land border crossing, or a seaport. Passing through a Port of Entry generally means that you are seeking permission from an Immigration Inspector, an official of the US Customs and Border Protection (CBP) to enter the US, for a specific reason, purpose and duration, which are generally always predefined. All foreign nationals arriving at a US POE are inspected by officials of the US Government. They have to go through four different inspections which are discussed in detail in this article. To be true, these inspections would be very devastating. All you have to do is to be prepared for that. This article unveils you the things that happen at the US Ports of entry, what is the inspection process like, what you could be asked, how you can be prepared etc. The article describes you in detail the inspection process followed at all the three ports of entry i.e. airport, land and sea. |
| Becoming a Naturalized U.S. Citizen – Do you know the requirements? |
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| Majority of the people hold a common perception that becoming a naturalized citizen of United States is an extremely complicated and difficult process. But in reality it is not. The process to acquire US Naturalization may be time consuming and confusing but at the end of the day it’s all worth it. People find it difficult to apply for US Naturalization mainly because they do not understand what the requirements are, or why they are what they are. Proper knowledge and correct information will help you acquire your dream of US Naturalization, come true. Let’s now begin our exploration of US Naturalization topic by looking at who qualifies to file for it and the basic requirements or qualifications for US naturalization. |
| Ask the USCIS for a Fee Waiver |
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| Generally, the USCIS has discretion to waive the filing fees for an application, petition, motion or request if the applicant establishes that he is unable to pay the fee. |
| Visa Denied Under Section 241(b)? What Does That Mean and Can You Over Come It? |
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| Being denied a visa under section 214(b) should not come as a surprise to you. One in every ten applications is denied because of section 214(b). Do not let this happen to you. Overcome the burden of visa denial under section 214(b). Learn what does section 214(b) mean? What does a 214(b) visa refusal mean and how can you overcome it?
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