background preloader

Employment Based Immigration

Facebook Twitter

7 Mistakes that Small and Medium IT consulting companies make regarding their employment Immigration. By: Shah Peerally Esq.

7 Mistakes that Small and Medium IT consulting companies make regarding their employment Immigration

With our extensive experience dealing with the United States Citizenship and Immigration Services(USCIS), Department of Labor (DOL), and other immigration entities, we have noticed few common mistakes that most small IT companies make. Such mistakes result in lengthy Request for Further Evidence (RFE) or even denials. As such we have tried to compile in this short release the most common mistakes. Note that the list is not exhaustive; it only includes the common mistakes that our own office have noticed after filing more than 300 cases. We are sure that there are many other mistakes that can easily be corrected. 1. 2. 3. 4. 5. 6. 7. Our office has successfully processed many H1B cases, and we are regarded as one of the most reliable law firms in the Bay Area. Frequently asked questions- Employment Based Immigration.

Below are few of very frequently asked questions. Note that it does not cover all aspects of EB questions, but it at least cover some very important issues related to H1B, and L1 visas. Hope it helps. 1. Work in the USA. Working in the United States requires a minimum of a work visa, a work permit, a permanent residence card or being a US citizen. Work visas and work permits (also known as work authorization documents EAD) are not usually easy to obtain for many reasons, namely that they are usually based for most except a few on a valid job offer.

They are usually classified under either immigrant or non-immigrant visas. Below are some of the options you might want to consider: Most Common Non-Immigrant Work Visas: H1B visas – most professionals seeking admission to work in the United States, seek this visa. L1A Visas – these are intra-transferee visas allowing multi-national corporations to transfer Executive or Managerial positions employees to the United States. 9 THINGS IT CONSULTING FIRMS ARE WORRIED WHEN DEALING WITH THE IMMIGRATION PROCESS. Since the release January 2010, Neufeld Memo on H1B, many IT consulting firms have reduced their number of applications or stop applying for H1B in general. This article does not cover this memo but is intended to reinforce or demystify the issues related to H1B filing and permanent residence filing through a PERM labor certification. First of all we have to know what is an IT consulting firm.

The ‘IT consulting firm’ is usually what we know as temp agencies or placement companies. In a time of uncertainty, many big companies such as Google, Microsoft, Boeing, and so on, find themselves in a dilemma of employment full time employees or temporary workers in order to continue doing business. Good business sense, dictates that having to hire more employees on a full time basis requires more administration to select and maintain these employees. EB4 Religious Worker Visa Immigration Lawyers, EB4 Petition. What is an EB4 Visa and Who Qualifies? An EB4 is an immigrant visas reserved for foreign workers immigrating to the US to perform duties of a religious worker. Applicants must prove that: i) they are a member of a religious denomination for at least 2 years,ii) who will work at a qualified organization,iii) as a minister (or religious professional, or those in another religious vocation who will continue to be eligible until this program expires on September 30, 2012, unless it is reinstated).

“Religious denomination” is defined as a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith, some form of worship, a formal or informal code of doctrine and discipline, religious services and ceremonies, established places of religious worship, or comparable indicia of a bona fide religious denomination. The definition is not narrowly construed. EB5 Visa Attorney-Employment Based US Visas. In 1991, Congress created the EB-5 visa program to benefit the U.S. economy and create new jobs by encouraging foreign nationals to invest in the U.S.

To qualify for an EB-5 visa, the individual must establish that (1) he or she is coming to the U.S. to invest in a new commercial enterprise, (2) the investment occurred after November 29, 1990 (the date the EB-5 program became effective), and (3) this ongoing enterprise will benefit the U.S. economy. Once granted an EB-5 visa, the individual, his/her spouse and children (under 21) are automatically granted conditional residency, which becomes permanent after 2 years. After 5 years in EB-5 status, an individual can apply for U.S. residency. There are 10,000 EB-5 visas available each year – 3,000 of which the USCIS sets aside for individuals who invest in approved “targeted employment” areas.

Requirements. Work in the USA. Frequently asked questions- Employment Based Immigration. Employement Based Immigration Options South America Individuals & CorporationsSan Francisco Immigration Attorney, Bay Area H1b Visa Lawyer San Jose. Breaking News: USCIS to conduct Interviews for All Employment Based Green Cards. According to an article by Politico, it seems that under the rules of “extreme vetting”, USCIS will be conducting an interview on adjustment of status for those applying for permanent residence based on employment (EB).Immigration authorities will require an in-person interview for certain applicants for green cards, a change likely to slow the process of obtaining one.The new requirement, which was confirmed Friday by a spokesman for the U.S.

Breaking News: USCIS to conduct Interviews for All Employment Based Green Cards. When can a company revoke my I-140? Hypothetical I: Company A filed EB3/EB2 for Candidate X, the Form I-140 was approved and the priority date is not current.

When can a company revoke my I-140?

Candidate X moves to another company. Company A decides to revoke the Form I-140. Question: Can Company A revoke the Form I-140 in Hypothetical I? If yes, what happens to the priority date? Answer: Yes they can. Work in the USA. EB1C Immigration Lawyers , Multinational Executive and Manager Visa- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services.

EB1B Immigration Lawyers , Outstanding Professors and Researchers Visa- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services. What is an EB1B Visa and Who Qualifies? An EB1B is an immigrant visa in the EB1 category that is reserved for outstanding foreign professors and researchers. Eligibility is based on i) entering the accept a specific tenure track teaching position at an institution of higher learning or a permanent research position at a research organization, ii) having 3 years of experience teaching or researching in the field, iii) being recognized as “outstanding” in the field, and iv) if the employer is a private institution, the institution must prove employment of at least 3 researchers and document accomplishments in the field.The standard for EB1B is not as high as EB1A .

Workers of Extraordinary Ability Visa, EB1A, EB2, EB3,- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services. What is an EB1A Visa and Who Qualifies? An EB1A is an immigrant visa in the EB1 category that is reserved for foreign workers of extraordinary ability in the sciences, arts, education, business or athletics. There is only one criteria, which is to establish “sustained national or international acclaim.” The standard for EB1A is high, and reserved for those who have proven to be amongst to top few percent in their field.

Immigration laws have set out specific criteria to allow the foreign worker to prove “sustained national or international acclaim.” The easiest way to prove eligibility is to show that you possess a major international award of renowned repute. O-1 Immigration Lawyers, Extraordinary Ability Visa, O1 Visa Attorney. EB5 Visa Attorney-Employment Based US Visas:- California Best Perm Labor Certification Immigration Lawyer provides Affordable US Green Card immigration & Citizenship services- California Best Perm Labor Certification Immigration Lawyer provides Affordable.