IMMIGRATION INFO
COMMON EMPLOYMENT BASED NON-IMMIGRANT VISA CATEGORIES
There are many non-immigrant visa categories which allow foreign nationals
to enter and remain in the U.S. for a temporary time period (in some instances up
to six or seven years). Frequently, employers will find themselves faced with the
need to sponsor foreign national employees to work in the U.S. It is important,
therefore, to have a general understanding of the basic non-immigrant
employment based visa categories. Click here for the complete article.
Click here for related U.S. Citizenship and Immigration Services article.
Click here for related Department of State article.
H-1B CLASSIFICATION, SPECIALTY OCCUPATION
One of the most commonly used visa categories, the H-1B visa (temporary worker
qualified to perform services in a specialty occupation) is applicable to members
of the professions who are employed in a professional capacity. This visa category has undergone significant changes as a result
of the Immigration Act of 1990, the Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991, Department of Labor revised
regulations*. Click here for the complete article.
Click here for related U.S. Citizenship and Immigration Services updated information on H-1Bs.
Click here for related U.S. Citizenship and Immigration Services Frequently Asked Questions
TN ("TRADE NORTH AMERICA") CLASSIFICATION
TN ("Trade North America") classification is only available to qualified citizens of Canada and Mexico through the North America Free Trade Agreement (NAFTA). The proposed employee must be offered from a sponsoring U.S. employer, a professional position provided on the NAFTA Professional job list. Click here for the complete article.
Click here for related Department of State article.
TREATY TRADERS AND TREATY INVESTORS
Treaty Trader (E-1) and Treaty Investor (E-2) Nonimmigrant Visa Classification is available for qualified citizens of a country which holds a treaty of commerce and navigation with the United States. A qualifying company must be carrying on substantial trade (E-1) or have made substantial investments (E-2) in the United States. Click here for the complete article.
Click here for related Department of State article.
EMPLOYMENT BASED IMMIGRANT VISA CATEGORIES
The Immigration Act of 1990 dramatically restructured the employment-based
("EB") immigrant visa categories. There are currently three common preference
categories for employment based immigration: First Preference, priority
workers (EB-1); Second Preference, workers with advanced degrees
and those of exceptional ability (EB-2); and Third Preference,
professionals, skilled workers, and other workers
(EB-3).Click here for the complete article.
Click here for related U.S. Citizenship and Immigration Services article.
Click here for a related Department of State article.
PERMANENT RESIDENT STATUS THROUGH THE LABOR CERTIFICATION PROCESS
With certain exceptions, aliens who come to the U.S. to reside
permanently must have a job offer which the U.S. Secretary of Labor has
certified will neither displace qualified American workers nor adversely affect
wages and working conditions. Certification is obtained by an employer who files
an Application for Alien Employment Certification on behalf of a foreign national employee.
This article provides a very general outline of one of the most complex areas of
immigration law, labor certification. Click here for the complete article.
Click here for related Department of Labor article.
EMPLOYMENT ELIGIBILITY VERIFICATION FORM, I-9
The Immigration Reform and Control Act of 1986 requires all employers to verify
employment authorization for all newly hired employees, whether U.S. citizens or
foreign nationals. Fines for failing to verify work authorization status or properly complete
the requisite form (Form I-9) may range from several hundred to several thousand
dollars per violation. Click here for the complete article.
Click here for related U.S. Citizenship and Immigration Services article.
Click here for Frequently
Asked Questions.
AFFIDAVIT OF SUPPORT
Frequently, aliens applying for permanent residence status in the United States must fulfill financial requirements in order to insure that they will not become public charges. These requirements are generally met through the filing of a legally binding document known as an "Affidavit of Support." Click here for the complete article.
Click here for related U.S. Citizenship and Immigration Services article
NATURALIZATION
United States citizenship may be acquired in a number of ways, the most common of course being by birth in the United States. The 14th Amendment provides: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Interestingly, the phrase "and subject to the jurisdiction thereof" exempts the children of diplomats and others enjoying diplomatic immunity from automatically becoming U.S. citizens. Click here for the entire article.
Click here for a related U.S. Citizenship and Immigration Services article.
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