Monthly Archive May 14, 2010

ByPhillip Kim

Employment-Based Immigration by Attorney in Fresno: First Preference EB-1

Employment-Based Immigration: First Preference EB-1
You may be eligible for an employment-based, first-preference visa if you have an

extraordinary ability, are an outstanding professor or researcher, or are a multinational

executive or manager. Each occupational category has certain requirements that must be

met:

Eligibility Criteria
◆ Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education,

business, or athletics through sustained national or international acclaim. Your

achievements must be recognized in your field through extensive documentation. No offer

of employment is required.

◆ Outstanding professors and researchers
You must demonstrate international recognition for your outstanding achievements in a

particular academic field. You must have at least 3 years experience in teaching or

research in that academic area. You must be entering the United States in order to

pursue tenure or tenure track teaching or comparable research position at a university or

other institution of higher education.

◆ Multinational manager or executive
You must have been employed outside the United States in the 3 years preceding the

petition for at least 1 year by a firm or corporation and you must be seeking to enter the

United States to continue service to that firm or organization. Your employment must

have been outside the United States in a managerial or executive capacity and with the

same employer, an affiliate, or a subsidiary of the employer.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

* Criteria for Demonstrating Extraordinary Ability
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your

field:

● Evidence of receipt of lesser nationally or internationally recognized prizes or awards

for excellence
● Evidence of your membership in associations in the field which demand outstanding

achievement of their members
● Evidence of published material about you in professional or major trade publications or

other major media
● Evidence that you have been asked to judge the work of others, either individually or

on a panel
● Evidence of your original scientific, scholarly, artistic, athletic, or business-related

contributions of major significance to the field
● Evidence of your authorship of scholarly articles in professional or major trade

publications or other major media
● Evidence that your work has been displayed at artistic exhibitions or showcases
● Evidence of your performance of a leading or critical role in distinguished organizations
● Evidence that you command a high salary or other significantly high remuneration in

relation to others in the field
● Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or

Researcher

● Evidence of receipt of major prizes or awards for outstanding achievement
● Evidence of membership in associations that require their members to demonstrate

outstanding achievement
● Evidence of published material in professional publications written by others about the

alien’s work in the academic field
● Evidence of participation, either on a panel or individually, as a judge of the work of

others in the same or allied academic field
● Evidence of original scientific or scholarly research contributions in the field
● Evidence of authorship of scholarly books or articles (in scholarly journals with

international circulation) in the field

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByImmigration News

Illegal immigration hot topic at debate

Candidates running for South Carolinas 3rd Congressional District seat Thursday proposed eliminating incentives, stepping up border patrol and withdrawing U.S. citizenship from babies born to noncitizen parents as ways to halt illegal immigration.

ByImmigration News

Legislators make fact-finding trip to Cochise County over immigration issue, hold town hall

Georgain Grijalva of the Human Rights Committee of Douglas has her question to the state legislators interpreted by Seth Polley during a town hall meeting at Turquoise Valley Country Club on Monday night. Grijalva wondered why only Mexicans were being singled out in the immigration issue. (Ed Honda Herald/Review) By Bill Hess Herald/Review NACO , Ariz. A border fact-finding mission brought …

ByPhillip Kim

Temporary (Nonimmigrant) Workers in the United States

In order for you to come to the United States lawfully as a nonimmigrant to work

temporarily in the United States your prospective employer must generally file a

nonimmigrant petition on your behalf with USCIS1. The main nonimmigrant temporary worker classifications are listed in the table below. For more information about the filing

requirements for particular nonimmigrant classifications, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Spouses and Children Seeking Dependent Nonimmigrant Classification

Spouses and children who qualify for dependant nonimmigrant classification of a temporary

worker and who are outside of the United States should apply directly at a U.S. consulate

for a visa.
Application to Extend/Change

Nonimmigrant Status.

Temporary (Nonimmigrant) Worker Classification

● E-1
Treaty traders and qualified employees.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

E-1(3)

● E-3
Certain “specialty occupation” professionals from Australia.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

E-3(3)

● H-1B
Workers in a speciality occupation and the following sub-classifications:

H-1B1 – Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 – Specialty occupations related to Department of Defense Cooperative Research

and Development projects or Co-production projects.
H-1B3 – Fashion models of distinguished merit and ability.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-1C(2)
Registered nurses working in a health professional shortage area as determined by the

U.S. Department of Labor.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-2A
Temporary or seasonal agricultural workers.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-3
Trainees other than medical or academic. This classification also applies to practical

training in the education of handicapped children.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● I
Representatives of foreign press, radio, film or other foreign information media.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

I

● L-1A
Intracompany transferees in managerial or executive positions.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

L-2(3)

● L-1B
Intracompany transferees in positions utilizing specialized knowledge.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

L-2(3)

● O-1
Persons with extraordinary ability in sciences, arts, education, business, or athletics and

motion picture or TV production.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

O-3

● O-2
Persons accompanying solely to assist an O-1 nonimmigrant.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

O-3

● P-1A
Internationally recognized athletes.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-1B
Internationally recognized entertainers or members of internationally recognized

entertainment groups.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-2
Individual performer or part of a group entering to perform under a reciprocal exchange

program.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-3
Artists or entertainers, either an individual or group, to perform, teach, or coach under a

program that is culturally unique.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker

; P-4

● Q-1
Persons participating in an international cultural exchange program for the purpose of

providing practical training, employment, and to share the history, culture, and traditions of

the alien’s home country.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

Not Applicable(4)

● R-1
Religious workers.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker

; R-2

● TN
North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and

Canada.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

TD

1. Only a few nonimmigrant classifications allow you to obtain permission work in this

country without an employer having first filed a petition on your behalf. Such classifications

include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain

instances, the F-1 and M-1 student and J-1 exchange visitor classifications.

2. The H-1C nonimmigrant classification is scheduled to expire on December 20, 2009.

3. E and L dependent spouses may apply for employment authorization.

4. Though the Immigration and Nationality Act (INA) does not provide a specific

nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude

the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Permanent Workers by Immigration Attorney in Fresno

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States.
The five employment-based immigrant visa preferences (categories) are listed below.

Labor Certification

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S.

Department of Labor (DOL). The DOL labor certification verifies the following:

● There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
● Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
For more information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Permanent Worker Visa Preference Categories

● First Preference EB-1
This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. /Labor Certification Required? No

● Second Preference EB-2
This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
/Labor Certification Required?
Yes, unless applicant can obtain a national interest waiver (See the “Labor Certification” link to the right for more waiver information.)

● Third Preference EB-3
This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)/Labor Certification Required?
Yes

● Fourth Preference EB-4
This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens. /Labor Certification Required? No

● Fifth Preference EB-5
This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers. /Labor Certification Required? No

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByImmigration News

Did Health Care Doom Immigration Reform?

Many say Arizona’s stringent new law demands immigration reform from Washington. But Congress may not be ready for another political showdown so soon after health-care reform. United States – Washington – Health care – Politics – Arizona

ByImmigration News

Arizona immigration law to be hot topic tonight

County residents and elected officials give their takes on comprehensive federal immigration.

ByPhillip Kim

Green Card Through Family by Immigration Attorney in Fresno

Many people become permanent residents (get a green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents to

petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent

resident, or through the special categories described below. For more information on the

categories below, Please Contact : Fresno Immigration Attorney Phillip Kim

There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to

permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States

may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. For more information on these processes, Please Contact :Phillip Kim

If Your Family Member is a U.S. Citizen

You may be able to get a green card as an immediate relative or as a family member in a preference category if your U.S. citizen relative files a Form I-130, Petition for Alien Relative, for you. For more information on immigrant petitions, Please Contact :
(559) 761-9742

◆ Immediate Relative of a U.S. Citizen
You are an immediate relative of a U.S. citizen if you are:

◆ The child (unmarried and under 21 years old) of a U.S. citizen
◆ The spouse (husband or wife) of a U.S. citizen
◆ The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
◆ Family Member of a U.S. Citizen in a Preference Category
You are a family member of a U.S. citizen in a preference category if you are:

◆ An unmarried son or daughter (21 years or older) of a U.S. citizen
◆ A married son or daughter (any age) of a U.S. citizen
◆ A sibling (brother or sister) of a U.S. citizen
If Your Family Member is a Permanent Resident

You may be able to get a green card as a family member in a preference category if your

family member filed a Form I-130 on your behalf. For more information on immigrant

petitions, Please Contact :Fresno Immigration Attorney Phillip Kim

◆ Family member of a permanent resident in a preference category
You are a family member of a permanent resident in a preference category if you are:

◆ The spouse of a permanent resident
◆ The child (unmarried and under 21 years old) of permanent resident
◆ The unmarried son or daughter (21 years or older) of a permanent resident Green Card Through Special Categories of Family

You may also be eligible to get a green card if you:

◆ Are a battered child or spouse of a U.S. citizen
◆ Entered the United States with a K visa as the fiance(e) or spouse of a U.S. citizen or an accompanying child
◆ Obtained V nonimmigrant status
◆ Are a widow(er) of a U.S. citizen
◆ Are born to a foreign diplomat in the United States
For more information on “Adjustment of Status” and “Consular Processing” , Please

Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Green Card through a Job Offer by Immigration Attorney in Fresno

If you want to apply for a green card (permanent residence) based on the fact that you have

a permanent employment opportunity in the United States,
or if you are an employer that wants to sponsor someone for a green card based on

permanent employment in the United States, you must go through the following processes.

Unless you are eligible to petition for yourself most employment petitions require a job offer

and require that the employer petition for the worker. Most employers petition for an

employee use Petition for Alien Worker. For more information on how to petition for an

employee, Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Application Process

If You Are Living Outside the United States

You can become a permanent resident through consular processing when living outside the

United States. Consular processing is when works with the Department of State to issue a

visa on an approved petition when a visa is available. For more information on consular

processing, Contact: “Fresno Immigration Attorney Phillip Kim”
Fresno Immigration Attorney Phillip Kim

If You Are Living in the United States

You can become a permanent resident through adjustment of status when living inside the

United States. Once the Immigrant Petition for Alien Worker, is approved and a visa

number is available you can apply , Application to Register Permanent Residence or Adjust

Status, to become a permanent resident. For more information, Contact:
“Fresno Immigration Attorney Phillip Kim”
Fresno Immigration Attorney Phillip Kim

Supporting Evidence For Form I-485
You should submit the following evidence with your Form I-485:

◆ Evidence of inspection, admission or parole into the United States.
◆ If you have already been approved for an immigrant petition, submit a copy of the

approval notice sent to you
◆ Job offer letter from your employer
◆ Two color photos taken within 30 days, ◆Biographic Data Sheet (for applicants between

the ages of 14 and 79),
◆ Medical Examination (not required if you are applying based on continuous residence

since before 1972, or if you have had a medical exam based on a fiancé visa),
◆ Affidavit of Support (completed by the sponsor)
◆ This requirement will not apply to you if you are adjusting based on employment petition

unless you or a relative own a percentage of the employer company
◆ Any other evidence establishing eligibility

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/