Immigration Articles  |
| Useful articles on a variety of immigration topics. |
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| Did You Know About the J-1 Umbrella Sponsor and its Advantages in Obtaining a J-1 Visa? |
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| US immigration law has provisions for several categories of “J-1 Exchange Visitors”, which include Au Pairs, camp counselors, summer work/travel, physicians, professors and researchers, short-term scholars, teachers, students, and trainees. To obtain a J-1 visa, you need to have an employer and the employer must be pre-authorized by the State Department to sponsor a J-1. But not all the employers are pre-authorized to have their own J-1 program. Thus, the J-1 umbrella program comes to rescue in such situation. In this article we will focus on the trainee program and discuss what a J-1 umbrella sponsor is. We will also talk about the use of an umbrella sponsor to obtain a J-1 visa. |
| Setting Up a New Business: Choosing Between L1 or E visa |
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| Setting up a new business can be quite exciting but there are also many challenges. Generally L-1 visas are used to set-up a new entity in the U.S. when it is a subsidiary, parent, branch, or affiliate of an overseas company. However, foreign nationals from countries with certain treaty with the U.S. have the choice of using E-1, E-2 or L-1 visa for establishing a new entity in the U.S. This article helps you understand the situations under which E-1, E-2 or L-1 visa options can be used. |
| Behind the fall in H-1B Visa Demand – Is it the Economy or Increased Scrutiny on H-1B? |
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| First time in the history of immigration, USCIS has faced a steep decline in the demand for H-1B visa. Debates continue to rage on as to what or who is responsible for the fall in the demand of H-1B visa this year. Is it the economy or the increased scrutiny on the H-1B? For the first time ever, the number of H-1B petitions withdrawn by applicants or rejected by US authorities exceeds the number of new H-1B petitions filed this year. |
| The H-1B Visa Portability Provisions: Who Can Take Advantage of Them to Change Employers Freely? |
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| Changing jobs on H-1B visa had been so easy until the H-1B portability designed by the American Competitiveness in the 21st Century Act (AC21) came into existence. The American Competitiveness in the 21st Century Act (AC21) allows an H-1B worker to change employers and begin working for the new employer as soon as the new employer files the H-1B petition. The H-1B employee no longer has to wait for the new H-1B petition to be approved. Read the complete article to understand how the H-1B portability provision works and what are its advantages. |
| I Got Laid Off While on H-1B? What Should I Do Now? |
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| The economy did not leave any one untouched by its drastic impact. Stories of banking crises, bailouts, rising unemployment, plummeting securities and housing prices, rising inflation, rising gas and food prices, recession, depression, and laid off of foreign employees in the US are no new. However, amongst all the worries of a foreign national worker in the US, the most worrisome is a layoff, these days. This article is designed to help you understand your rights and privileges in the US in case you are laid off from your job. |
| Work Visa and Work Permit – Are They the Same Thing? |
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| Many people often equate work visa with work permit (Employment Authorization Document), but in reality they differ. A work visa like H-1B or H-2B can be defined as an endorsement by authorities that allow a foreign national to enter the US for the purpose of work. It denotes that an applicant has applied, been examined, and approved for the visa being sought. On the other hand, work permit or Employment Authorization Document (EAD) is given to people are legally authorized to accept employment. This article is been designed to help you understand the difference between work visa and work permit, so that, you can analyze which one you need based on your situation. |
| Specialized Knowledge: How the L-1B Can Work For You |
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| The L-1B visa classification has been a useful method for multinational companies to transfer their key employees to the United States to manage the key activities of the business. The L-1 visa certainly has many advantages over other types of nonimmigrant visas however it has its own hurdles also; especially the L-1B visa classification. In the last few years, it has been observed that the government perceives the L-1B visa classification as "vulnerable and susceptible to fraud." Thus, proving the specialized knowledge is often the most difficult hurdle in L-1B visa petitions. This article is designed to explain you the factors that constitute as specialized knowledge and list the requirements that help the employers to establish a strong case for the L-1B visa for their employees. |
| New H2B Visa Provisions: Senator Mikulski Leads the Pack |
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| The shortage of US workers has forced companies to rely on seasonal workers brought to the US through the H-2B program, labor that helps those US companies to survive their summer or winter labor ordeals. While the H-2B is designed to help alleviate the seasonal labor shortages, all is not rosy for the employers who rely on the program for their summer tourist season. There is a national cap for the H-2B visas, and because companies are not allowed to apply for workers more than 120 days before they are needed. The H-2B numerical limit set by Congress is currently 66,000 per fiscal year. However, aliens who are eligible for H-2B status as "returning workers" do not count against the annual numerical cap. |
| Professors and Researchers: EB1, EB2, and EB3 Green Card Options |
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| As with the nonimmigrant status there are several options for professors and researchers that are seeking permanent residence. While each option is designed for specific circumstances, many individuals will qualify for more than one category. When it is time to take the final step to permanent residence professors and researchers, and their educational and/or research oriented employers, have several options to choose from. They must carefully study all the facts of their case to determine which categories they may qualify for, and then develop a strategy to reach the ultimate goal – the green card. In some instances the individual will meet the basic requirements for two or more categories i.e. EB-1, EB-2 or EB-3. |
| Professors and Researchers: J-1, H-1B, O-1, TN Nonimmigrant Visa Options |
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| Foreign professors and researchers coming into the U.S. on any nonimmigrant visa category have expanded the community of science and technology, bringing with them new and innovative ideas. The challenge for professors and researchers, and the universities, research institutions, and companies that seek them out, lies in selecting the appropriate immigration option i.e. a proper nonimmigrant visa category. In this article we will discuss some of the nonimmigrant visa options available to the foreign nationals to work temporarily in the US. |
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