Archive for the ‘Legal’ category

Getting A US Visa: The Basics

May 18th, 2012

The USA remains among the most popular destinations for immigrants due mainly to the many opportunities offered in the nation. Immigrants can apply for residency in the U.S. after undergoing a set number of procedures. To date, you will find 5 methods an immigrant can apply for residency. One of them is by obtaining a work visa. USA work visas and residence entails a very detailed process, one that relies on a set standard of requirements. 

What are USA Work Visas A visa is really a travel document issued by the US embassy that permits a person from another country to enter the United States legally. You will find two forms of visas – the non-immigrant visa issued to travelers who’ll visit the country on a temporary basis and the immigrant visas issued to individuals who wish to become permanent residents. A US work visa either can be permanent or non-permanent and it is issued to allow a visitor to work in the nation or become an employer of any US-based company.
There are different types of work visas that may be issued by the federal government depending on the immigrant’s purpose and qualifications. Some examples are: B1 visa – a temporary Business Visitor visa issued to people who come to the U.S. for business-related activities, such as if they wish to participate in trade, attend meetings and conferences and investigate prospective investments.
H1B – a temporary work visa issued to an individual who passes certain requirements as a Specialty Occupation Worker. This visa is valid for 6 years. An H2A is given to specialty workers. An H2B, however, is issued for non-agricultural workers while an H2B is given to skilled or unskilled workers where USCs and LPRs are unavailable.
L1A – a maximum 7-year work visa issued to individuals belonging to the managerial or executive level who’s worked in a branch, affiliate or subsidiary of a US-based company which will become their employers. This is known as the Intra Company Transferee visa. A similar visa, the L1B, is issued to employees with specialized knowledge and is valid for a maximum of 5 years.
E1 – issued to people called Treaty Traders who definitely are in charge of import and/or export trade for the treaty country and the US. A similar visa is issued to a Treaty Investor, who definitely are in charge of creating investments. The visa is valid indefinitely, even though it is issued in 2-year increments.
TN – issued to eligible workers from Canada and Mexico. The visa permits a limitless number of entries to the U.S., depending on the employer. This visa could be valid for so long as 3 years, although an application to extend it for an indefinite time period may be filed.
There are also visas issued to athletes, entertainers and religious workers or those who qualify for cultural exchange programs.
Qualifying for US work visas and residenceThere are different requirements that applicants must meet to be able to acquire US work visas and residence. These requirements might include proof of identification, establishment of employer-employee relation, proof of the applicant’s work experience, education and expertise, completed visa application papers and so on.
Do you really need help Applying for US work visas and residence can be quite a complex process, particularly for an individual who is unfamiliar with American immigration laws. An immigration lawyer (click here for an example) can offer essential help at this time. Actually, the expertise of an immigration attorney may be essential at the initial stage in order to avoid expensive errors and misunderstandings. 
How an immigration law firm can helpImmigration attorneys are competent in the specialized field of immigration. Most lawyers can probably offer basic help and guidance but immigration lawyers have the expertise, background and expertise in comprehending the laws, procedures and requirements involved in obtaining US work visas and residence. This tends to increase the odds of successful immigration results.

US Immigration After 9/11: An Inside Look

May 18th, 2012

The events of September 11, 2001 have become a stumbling block for all those seeking US immigration, particularly those proceeding without an immigration lawyer. For years, the United States welcomed immigrants and their contributions; however the current trends for US immigration have shifted. The nations immigration priorities are becoming more challenging, yet immigration attorneys originating from a top, experienced immigration law firm steadfastly work to meet the needs of those seeking citizenship. 

After 9/11, one of the key reasons immigration lawyers have urged people to seek US citizenship is that there is really a strong chance of being required to leave the United States, without notice. Many visitors, students, and visiting family members seek the guidance of an immigration law firm (this one, for example) to understand what obstacles have to be defeated when seeking entry into the US. 
Student and Visitors Visa, as well as naturalization to the US are now harder to obtain
The Student Exchange Program is currently under ICE, and the Student and Exchange Visitor Information System (SEVIS) has been adopted. International students and schools that host foreign visiting students are now included in a central database, available to Immigration and Customs Enforcement (ICE). Prior to 9/11, people with a visitor or student visa were permitted to stay for six months, and were able to make an application for six-month extensions; they were usually granted. Currently, requests for extensions have to be supported by substantial evidence.
Post 9/11 introduced enhanced entry and tracking systems for all foreign visitors
For many people, US immigration choices are driven by the need to bring their families together and still provide a much better life. Undoubtedly, it’s easier for a US citizen to sponsor relatives, through the help of experienced an immigration lawyer.   There are lots of requirements to become a US citizen, and many involve time and residency.  Qualifying for US immigration includes comprising an entire immigration history, obtaining permanent resident alien status, and physical residency requirements.  While undoubtedly possible, the prerequisites are challenging and one wrong move could set you back to the beginning; a point that can’t be stressed enough that the immigration lawyer can help individuals naturalize in a more efficient manner. 
Are you aware of these immigration and naturalization rules
After applying for citizenship, you must show that you have lived in the US from date you filed until you’re admitted as a US citizen. An immigration lawyer can help you decipher these requirements for naturalization. If an applicant is going to be gone for a continuous period, it will count as an absence from the US. Immigration lawyers pay attention to the timeline required to naturalize and can also help avoid the consequences. Naturalized citizens qualify to get a number of federal, state and local US incentives, helping to make immigration all the more attractive. Yet, there are lots of scenarios that really must be avoided and selecting an immigration lawyer to help you can make this process relatively smooth.

US Immigration Law Basics

May 18th, 2012

Immigration law can be quite a complicated matter when traveling from one country to a different one, and when you would like to stay in another country permanently it can certainly become an issue that requires an immigration lawyer to keep straight.  You may not comprehend the difference between an O-1 or a B-2 visa in the United States, and the number of steps involved in applying for a visa are daunting.  It is especially best to find a qualified immigration lawyer to guide you through this complicated process.

“Extraordinary People” and the O-1 Visa
The immigration laws of the United States and Canada are meant to give people with “extraordinary abilities” a true incentive to relocate to those countries.  These are people who are officially considered to be a true contribution to their society or their economy.
Some of the people who would qualify for this visa include:
-Nationals from another country who want to work temporarily.  These are people who have distinguished themselves in education, athletes, science, or the arts.
-Performers in film, theater, or the movie industry, who are able to demonstrate that they have achieved an advanced level of accomplishment.
-Similarly, the supporting roles in that industry, including choreographers, set designers, carpenters, or makeup artists.
-This visa is initially for a time period of three years.  After that time expires, it can be extended for periods of a year at a time.  At each extension the individual must demonstrate that they’re still contributing in their perspective professions.
The Tourist B-2 VisaFor those who don’t fall under the O-1 visa, there’s the tourist visa.  These visas are granted to individuals who wish to visit the US or Canada for pleasure, if they are seeking a specific medical treatment, or if they are visiting friends or family in the country.
An immigration attorney (like this) is useful for this visa if you are seeking it for the following reasons:
-A foreign national who would like to travel to be able to marry a citizen of the US or Canada
-People who’re traveling for some sort of ceremony or social organization.  Examples include business meetings or funerals.
-Musicians or athletes who’re going to perform but are not going to be reimbursed by any means.
There are other qualifications that immigration lawyers can explain for you.  If you are not completely clear on the visa you need to apply for, ask before doing any in depth research.
Immigration Application Challenges
Getting a visa normally takes some time, and when the application form isn’t filled out just right, it can take even longer.  Immigration attorneys have many years of experience with the application process, and are able to simplify this process for you.  They can highlight any aspects of the application form that may be particularly challenging in your case, and can actually complete the paperwork and file it for you.  It is especially advisable that you at the very least seek advice from one prior to your application.