Immigration Articles  |
| Useful articles on a variety of immigration topics. |
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| Opening a New Office in the U.S. Using an L-1 Visa |
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| U.S. has long been considered a country of opportunities - a place that encourages entrepreneurship with a highly dynamic economy and a large wealthy consumer base. For these reasons, many successful companies consider starting operations in the United States after their success in the home country. For companies looking to expand to the U.S., one viable option is the use of a New Office L-1 visa to start their operations and move key personnel to the U.S. regulations define New Office as an organization which has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year. Since the new office needs to be "doing business" the "mere presence of an agent or office" is not enough to satisfy even the new office requirement for an L-1. |
| Setting up a new business: Choosing between L-1 or E visa |
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| Setting up a new business can be quite exciting. But there are also many challenges. In-depth market research and planning can minimize the risks. Foreign nationals setting up a business in the U.S. face another challenge – which visa do they use to be able to enter the U.S. to operate the business once it has been established? 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. Let us first understand the situations under which each of these visa options can be used. |
| Don’t Lose Your Opportunity to File an H-1B Visa - Start Now! |
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| The clock is ticking and every day that important date in immigration - April 1, 2008 comes closer. As many of you already know, April 1 marks the first day that USCIS accepts H-1B petitions for the federal government’s fiscal year beginning on October 1. Per regulations, employers can file H-1B petitions no earlier than six months in advance of the anticipated start date, which makes April 1 beginning of the race for obtaining an H-1B visa before the cap is reached. |
| New H-2B Visa Provisions: Senator Mikulski Leads the Pack |
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| It’s November and the sunny days of summer may seem far away, but the businesses that comprise Maine’s hospitality industry are already preparing for the tourist season. In Maine alone, 87,000 jobs are tied directly to the success of tourism, an industry that generates $13.9 billion annually for Maine’s economy and $556 million in state tax revenue. Likewise, the seafood and cannery industries in Maryland and Virginia, seasonal hospitality industry in Rhode Island and New Hampshire, the fishing industry of Alaska, and the logging industry in Maine have one thing in common: they desperately need seasonal workers so their businesses can survive. |
| Professors and Researchers: EB-1, EB-2, and EB-3 Green Card Options |
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| Last month we talked about the nonimmigrant visa options for professors and researchers, those individuals that help keep our scientific and technology fields moving forward. This month we will look at the next step in the immigration process – immigrant visa options. 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. |
| Professors and Researchers: J-1, H-1B, O-1, TN Nonimmigrant Visa Options |
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| It is well known that constant advances in a field of research depends on an incessant flow of well-trained, capable, and motivated people into the field. The influx of foreign professors and researchers into the U.S. has always assisted in furthering the cause of science and technology, with an added premium of universal welfare. |
| B, H, O and P Visas: The Athlete's Dream Team for Immigration Success |
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| Money, fame and autograph hunters go hand in hand with top athletes who have practiced their sport all over the world. But they may find themselves out of their league when it comes to understanding the rules of the game and evaluating their immigration options to enter the U.S.
All good things in the world are not served on a silver platter and neither is the American dream of success, fame and wealth that can be earned through athletic skill and hard work. The key to winning the U.S. immigration game lies in working with the dream team of visa options for immigration success: The B, H, O, and P visa categories. |
| Unraveling the J-1 Visa Scheme and the “New” Trainee and Intern Provisions |
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| The J-1 Exchange Visitor category was introduced in 1961 in an effort to enhance understanding between the people of the U.S. and the people of other countries through educational and cultural exchanges. U.S. institutes of higher learning have greatly benefited from the program by attracting top faculty and researchers. Their coming on J-1 visa ensures that the students equip themselves with the international viewpoint of the subject of their interest. But there is a popular misconception among many people that the J-1 visa is only relegated to study and research and is nowhere related to working; a misconception which we will try to clarify. |
| PERM Labor Certification: How the DOL’s new rule will affect the process |
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| Speculations are rife about the current employment certification procedure for non-U.S. citizens seeking permanent residence in the United States being susceptible to fraud and abuse. The U.S. Department of Labor (DOL) and others have alleged that a lot of employers take advantage of the gaps in the existing system, thus proving detrimental to the very purpose of the process. DOL has assessed the program and identified all the grey areas which are vulnerable and, based on that assessment has published a final rule that will improve the program’s integrity and close those opportunities for fraud. |
| What to do when H-1B cap is reached |
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| If you miss petitioning for an employee before the cap is reached, you will have to wait until the next year to file an H-1B petition or look for an alternate visa category, which may or may not match your requirements. Employers must also evaluate and utilize alternatives to the H-1B category, which may also be used to ‘bridge the cap’ until October 1st if you miss the H-1B bus for a particular year. |
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