Category Archive Immigration Information in Fresno CA

ByStaff

What is the EB-2 Status Work Visa?

Permanent workers in the U.S. under EB-2 preference demonstrate that they are educated and/or highly skilled in their professional area. With EB-2 Preference, you will be granted a visa that is eligible for permanent residence status. That means you can use your EB-2 visa to get your green card and permanently relocate to the U.S.

There are 3 major areas of eligibility for the EB-2:

  1. Your prospective job requires an advanced degree which you have. An advanced degree is defined as above a U.S. bachelors or its foreign academic equivalent. It’s also acceptable to apply with a bachelor’s (or its equivalent) and 5 years relevant professional experience doing your prospective job. If you plan to substitute work experience for an advanced degree, show that your employment was progressive and that you attained a higher level of knowledge or esteem during this time. Any academic degrees must be proven through proper documentation. Applicants in this area must also have a Labor Certification Application submitted to the U.S. Department of Labor by their prospective employer on their behalf.
  2. You have exceptional professional ability in a field of the arts, sciences, or business. Entrepreneurs are eligible to get EB-2 status. Skilled or talented applicants in this category of eligibility must also have a Labor Certification Application filed on their behalf by the prospective U.S. employer. Your application should provide documentation.
  3. Eligibility with a National Interest Waiver. The National Interest waiver takes the place of the Labor Certification requirement for the other applicants. National Interest Waiver applicants are claiming and must demonstrate that the U.S. would greatly benefit from their immigration and absorption into the U.S. economy. National Interest Waivers are self-petitioners and do not need to have prospective employment in order to apply for a permanent work visa. If you are granted a National Interest Waiver, you do not need to have labor certification. You can petition for a NIW as an entrepreneur.

If you are eligible for EB-2 status visa in the second or third eligibility category, you must meet at least 3 of the following criteria:

  • documents demonstrating educational attainment, including academic records, certificates, etc.
  • documentation of at least 10 years full-time relevant professional experience
  • a professional license or certificate qualifying you to practice your trained profession
  • evidence that your professional experience was salaried, paid work
  • commendations of skill or experience from peers, associations, or the government
  •  membership (or past membership) in professional associations in your field of work

For the EB-2 status visa, your family can also apply to travel with you as permanent residents with EB-2 status. Qualifying family are spouses and unmarried children under 18 years old.

For more information and help with getting a visa, contact immigration attorney Phillip Kim.

ByStaff

The EB-1 Visa for Permanent Workers

The EB category of visas is intended for workers wanting permanent residence in the U.S. One preference category of the EB visas is the EB-1 for applicants with extraordinary academic ability, outstanding professorial reputation, or managers and executives of multinational companies.

If you are applying for the EB-1 visa in the “extraordinary ability” category, it is not necessary to have a job offer in order to be granted your visa. However, you should have full documentation of your commendations in the arts, sciences, business or sports. In order to be eligible to get an EB-1 permanent visa with outstanding ability, you must meet at least 3 of the following criteria:

  • evidence of national or international prizes or awards
  • membership in selective or exclusive professional associations for highly qualified members
  • published material in relevant publications and well-known media
  • history or prospect of judging the work of others in your field
  • evidence of your major contributions to your field of work
  • commercial success or fame
  • history of a leading role in professional organizations
  • high salary or other significant compensation for your services in your field of work.
  • performance or participation in showcases or exhibitions

Applicants who have received a significant award, such as the Nobel Prize or Pulitzer, do not need to have meet the above criteria but must provide evidence of their winning.

Applicants applying for EB-1 preference visa for professors or researchers are required to have an offer of employment before applying for permission to immigrate with a work visa. The EB-1 for professors and researchers also requires at least 3 years of professional scholarly experience. In addition, applicants need to meet 2 of the following criteria in order to be eligible to apply:

  • receiving major prizes in the field of work
  • membership in professional associations requiring excellence and exclusivity
  • published materials by others about or in response to your work
  • authoring published works in the field
  • judging or commenting on (ex: working as a judging panelist) the work of others in the field.
  • evidence of significant contributions to your field

International executives or managers need to have been working their position for at least 3 years. In order to immigrate as a manager or executive, you need to have worked at the same company that will be employing you in the U.S. for at least the past year from abroad. You cannot have been working in that position in the U.S. prior to applying.

If you qualify for the EB-1 preference category for permanent work visas, you will need to file a petition for alien worker. If you are applying as an “extraordinary ability” applicant you can petition for your visa yourself. Professors, researchers, managers, and executives must have their U.S. based employer petition for their admittance on their behalf. This petition has a $580 filing fee and can be filed by sending your application to the U.S. Citizenship and Immigration Services lockbox in Dallas.

Once you file this petition and a visa becomes available to you, you can also file your petition for permanent residence. This form, called the “change of status” form, will update your visa to that of permanent resident and you can then get your green card.

For more information and help with getting a visa, contact immigration attorney Phillip Kim

ByStaff

The H-1B Visa: Are You Eligible?

Certain jobs are eligible for a temporary visa. The H1-B visa limits your stay in the U.S. to 3 years. If you are looking to stay in the U.S. for work long term, you should look into a visa that will transition into a green card for permanent residence. For temporary work, you might be eligible for the H1-B visa.

The H1-B has 2 levels of eligibility, some for the prospective job and others for you, the prospective worker. The job must require at least a bachelor’s degree. If the job does not require a BA or above, it should usually require a degree or entail specialized skills associated with a degree. To qualify to accept an eligible job and receive a visa to work, you should have education or training relevant to the job, a college education, or the foreign equivalent to a degree. You should also have an unrestricted license in your home country.

The H1-B visa is also meant to include researchers or development workers entering to work on a project with the U.S. Department of the Defense. Under this category, your employer does not need to apply for your visa.

Fashion models are also eligible for the H1-B visa if he or she is considered well known or highly regarded in the field.

To apply for the H1-B visa, your employer will need to apply for your certification and petition for your visa. Then, you should apply for your temporary work visa. If you are not living in the U.S., you can apply for your visa with the U.S. Department of State or with your U.S. Embassy.

There is a limit to the number of work visas given every year, so you are not guaranteed a workers visa. There may also be a waiting period for your visa to be approved even after your application has been accepted. This could mean that you will be guaranteed a visa but have to wait before there is one available for your travel.

For more help about getting a visa, contact immigration attorney Phillip Kim

ByStaff

Where to Apply For a Visa if You Have Been Removed, Deported, or Living Undocumented: The I-212 Waiver For Ineligible Immigrants

The I-212 Waiver can be used to let you re-enter the U.S. if you are currently ineligible to do so. Immigration law says that previous removals from the U.S., including at a port of entry or unlawful living in the U.S. makes visa applicants ineligible to re-enter the U.S. and ineligible to re-apply for a new immigrant (permanent, resident) visa. The I-212 can be used to waive your ineligibility regardless of previous removal history or history of illegal presence in the U.S.

If you were turned away at a U.S. port of entry but were not under formal removal proceedings, you do not need to file this form in order to re-apply for your visa. Likewise, if you have been deported previously but have waited the necessary amount of years before re-applying, you do not need to file this form. Applicants seeking non-immigrant visas, border crossing cards, T or U visas, and applicants with Temporary Protected Status (TPS) do not need to file this form unless they need special consent for readmission. You should file the I-212 if you are seeking an immigrant visa during a time of ineligibility or are currently ineligible for a non-immigrant visa.

The application for the ineligibility waiver is separate from your application for a visa and has some different procedures. Where you should file this form is different depending on your reason for ineligibility. There are 2 major groups of ineligibility covered by the I-212 waiver: previous removals and unlawful residence in the U.S. These 2 groups have different application procedures, so you should be clear on the grounds of your ineligibility before applying for readmission.

Ineligible applicants who have undergone removal proceedings should file the I-212 at the same time or after they apply for change of status to get their visa. If you are ineligible to readmission to the U.S. because you have been previously removed, you should file the I-212 before you return to the U.S. If your removal is active but pending, you should file the form before leaving the U.S. If you are still in the U.S., you should file your I-212 at the same U.S. Citizenship and Immigration Services (USCIS) office you file for change of status. Otherwise, file your I-212 at the office where your application is pending. For example, if you applied for your visa at the USCIS office in Ciudad Juarez and are currently residing outside the U.S., you should submit your waiver to the Ciudad Juarez office as well.

If you are currently in removal proceedings, file your waiver with the Executive Office of Immigration Review (EOIR). The immigration court processing your removal will tell you which office to submit your I-212 waiver to and give you further or unique instructions for filing. You can file the I-212 if you are currently undergoing active removal.

If you have previously lived in the U.S. unlawfully, you must depart the U.S. before filing for readmission. There will most likely be a 10 year waiting period before you are granted readmission under the I-212 waiver.

Where you should file the I-212 visa is different. For applicants needing consent for readmission but who are applying for a non-immigrant visa, you should file your waiver with an office of the U.S. consulate. Similarly, you should file with the U.S. consulate if you are applying for an immigrant visa and are required to file the I-601 waiver at the time of your visa application. If you are not required to get a visa before entering the U.S. as a non-immigrant, you can get your border crossing card and file your waiver at the U.S. Customs and Border Patrol office at the site of entry processing your admission.

For more information and help with filing for a visa, contact immigration attorney Phillip Kim.

ByStaff

Want to Come to the U.S. as a Specialized Employee? If Your Company Has a Relationship with a U.S. Office, You May Qualify for L-1B Status!

L-1B classification is for intracompany employees that are transferred to the U.S. for specialized knowledge of a company. L-1B status is used by specialized knowledge employees that are transferred from a company in a foreign country to an affiliated company in the U.S. If an office is not open in the U.S., employees who have specialized knowledge about the company can be transferred to the U.S. to set up an office.

Are you eligible? For starters, the U.S. employer must meet certain qualifications. The employer must have a relationship with the foreign company. This relationship can be one of the following: branch or parent companies (the foreign company created the U.S. office or vice versa), sister companies, or affiliated organizations. Two distinct companies that have nothing to do with each other will not qualify. But a company that spread internationally or is related to another company is qualified.

Also, the employer must be doing business in the U.S. and in at least 1 other country. This business can be direct or through the use of an affiliate business (sort of like a middle-man) while the employee stays in the U.S. “Doing business” means actively producing or supplying good and services. Just the presence of employees or offices abroad does not mean that they are “doing business”.

As an employee, you must meet certain requirements as well. Before coming to the U.S., it must be true that you worked for one whole year, nonstop, in the affiliate company abroad. Nonstop means that you did not take prolonged breaks during that year. For example, if you work at “Company 1” for 5 months, and then work for “Company 2” for a couple months and eventually come back to “Company 1” for the last 7 months does not mean you qualify. The job had to have lasted for one whole, complete year. Certain breaks like vacation might be acceptable. Speak with an attorney for more specific information about your case. Also, the year of employment must have been done within 3 years before coming to the U.S.

If you are the employee, you must also plan to come to the U.S. to provide services to the company or affiliate company. The services you can provide must depend on your specialized knowledge.

What is Specialized Knowledge? As the employee, your knowledge must consist of knowing information about the company you plan to work for. You must have extensive knowledge of the organization’s services or products provided, research or equipment that is used by the company, or the organization’s special techniques or management, AND how this company information is applied to the international market. Or you must have expertise in the company’s procedures or what actions the company takes to reach certain goals. Overall, specialized knowledge is not common in the industry you belong to. You have to be a notch above “skilled”. You need to know more than what the company’s interests are.

If you are sent to set up a new office, you must provide evidence of the area where the office will be located. The area must be sufficiently reserved by you or your company. The employer must be financially able to pay you and start a business.

If you come to set up a new office, you can stay for an initial period of 1 year. If you come as a professional employee, you can stay for 3 years. For both groups, the stay can be extended by 2 years until you reach the maximum of 5 years.

Your family can come to the U.S. too! Your spouse and unmarried children under 21 years of age are eligible for L-2 status. If approved, they can stay for as long as you do. Is your family already here? They can apply for L-2 status with Form I-765 with a fee. Your spouse can apply for and get work authorization while they stay here.

***Don’t meet the criteria of affiliated company? You might still be eligible: If you will be working at an unaffiliated company, your employer has to show…
That you will not be supervised by the unaffiliated organization employer AND
That you will not be considered “labor for hire” for the U.S. company or organization

This is not a full article on L-1B classification. There are a lot of other facts to consider and sometimes exceptions can be made to individual cases. For more information about L-1B status and whether or not you are eligible, contact specialized Immigration Lawyer Phillip Kim today!

ByStaff

The I-212 Waiver: A Breakdown of the Waiver Application Process if You Have Been Previously Removed, Deported, or Living Undocumented

The I-212 Waiver can be used to let you re-enter the U.S. if you are currently ineligible to do so. Immigration law says that previous removals from the U.S., including at a port of entry, and unlawful living in the U.S. makes visa applicants ineligible to re-enter the U.S. and ineligible to re-apply for a new immigrant (permanent, resident) visa. The I-212 can be used to waive your ineligibility regardless of previous removal history or history of illegal presence in the U.S.

The I-212 should be filed at the same time or after any other forms necessary for your readmission. If you are applying for an immigrant visa, you should submit your waiver alongside your application for residence. If you are required to submit any other waivers for re-entry, you should file the I-212 at the same time and at the same office. Where you should file your forms will depend on the reason for your ineligibility and the type of visa you will be applying for. Make sure to check that you are applying with the correct office or department. Possible application destinations could be a local office of the U.S. Consulate, an office of the U.S. Citizenship and Immigration Services (USCIS), the U.S. Border and Customs Patrol office, or an office of the U.S. Department of State. Whether or not you can file your waiver while also present in the U.S. will depend on the grounds of your ineligibility. If you have previously lived illegally in the U.S. and this is the reason for your waiver application, you must depart the U.S. before filing your waiver.
Once you know whether or not you need to file the I-212 and where you should be applying, you are ready to file your form. The I-212 will require in-depth writing in English explaining your previous migration history and other personal information. The I-212 waiver has a filing fee currently at $585 U.S. dollars. Take care to send your filing fee to the correct office, in the correct amount to avoid delays in processing your application. Applicants filing with the USCIS office should pay to the U.S. Department of Homeland Security. Some applicants may be eligible for a fee waiver, so see if you qualify to avoid the filing fee.

You will be required to submit documents along with your waiver. If your application is pending and being reviewed, the person in charge of reviewing your waiver may look at additional information, both positive and negative, associated with your re-entry to the U.S. You should submit as much documentation as possible with your waiver to strengthen your case for admission to the U.S. Any documents written in a language other than English should include a full English translation in order to be reviewed. You should also take care not to submit your original documents and submit only copies. Make sure to keep your original personal documents because you may need them later. When filing the I-212, you are required to submit copies of your immigration history and records of any previous removals, departures, or deportations. This is required of all waiver applicants.

You should also submit documentation that strengthens and proves any claims about your positive moral character, good community standing, need for U.S. medical treatment or social services, or any close ties to the U.S. You must also submit documentation about negative qualities that may play a factor in your admission to the U.S. Having no major negative factors on your application will be reviewed positively. You can also aim to demonstrate that denying your admission to the U.S. would cause extreme hardship to you or your family. The grounds for claiming extreme hardship can be broad but there are guidelines you should look into. Records that can demonstrate these factors can include police or criminal records, medical records, school records, employment history, official state documents such as birth or marriage certificates and so on. You can also submit documentation that would show poor conditions to which you or your family would be returned if your application was denied.

Overall, you should pay close attention to the correct filing method for the waiver. Only correctly filed and completed forms will be reviewed and only properly submitted documentation will be included in your case. Failing to properly file your I-212 waiver or any other forms will result in a significant delay in your application’s processing time.

For more information and help with filing for a visa, contact immigration attorney Phillip Kim.

ByStaff

Interested in J-1 agency? Learn More Here

J-1 visas are designed to increase social interactions between people of different countries. These visas enhance cultural values and education throughout the world. Specifically, J-1 visas allow foreigners to come to the U.S. with non-immigrant status as foreign exchange students, interns, trainees, or workers.

Every month, more than 150,000 people participate in the J-1 program. These Student Visas are amongst the most popular non-immigrant visas.

There are a variety of programs available to those seeking J-1 non-immigrant status. Agriculture, hospitality, business, communication, and engineering are just some of the programs that are available to people world-wide.

Some programs come with a salary and others don’t. It depends on the company or organization and what their specialty is. Time periods also vary from one organization to the next. While some companies sponsor students for up to 18 months, others keep workers or students for just the summer of a 6 month program.

J-1 exchange visitors need sponsorship from such organizations. There are a few different ways to secure sponsorship:

• Contact the company directly and they will assist you with what you need to do in order to get a position in their firm

• Contact a third part recruiting agency in your home country who will take your resume or qualifications and match you with a job or education opening in the U.S.

• Find a company that will hire you on your own and contact a sponsorship organization that will offer you a sponsorship if your suggested employer or university clears their required standards.

Companies often offer some advice about how to get a visa but this is not always the case. Furthermore, they do not go through the process step-by-step with you, leaving room for error in your application.

Specialized Immigration Attorneys will assist you in finding the right company and sponsor. They will also file your visa paperwork for you, so you can be sure that your request won’t be denied if you are eligible. Plus, Immigration Lawyers will work with you if you want or need to reapply for a visa or extend your status.

Immigration Attorney Phillip Kim has handles a variety of immigration cases. If you have any questions about J-1 Agency or how to apply for a J-1 visa, contact Attorney Phillip Kim right away!

ByStaff

The I-212 Waiver: A Breakdown of the Waiver Application Process if You Have Been Previously Removed, Deported, or Living Undocumented

The I-212 Waiver can be used to let you re-enter the U.S. if you are currently ineligible to do so. Immigration law says that previous removals from the U.S., including at a port of entry, and unlawful living in the U.S. makes visa applicants ineligible to re-enter the U.S. and ineligible to re-apply for a new immigrant (permanent, resident) visa. The I-212 can be used to waive your ineligibility regardless of previous removal history or history of illegal presence in the U.S.

The I-212 should be filed at the same time or after any other forms necessary for your readmission. If you are applying for an immigrant visa, you should submit your waiver alongside your application for residence. If you are required to submit any other waivers for re-entry, you should file the I-212 at the same time and at the same office. Where you should file your forms will depend on the reason for your ineligibility and the type of visa you will be applying for. Make sure to check that you are applying with the correct office or department.

Possible application destinations could be a local office of the U.S. Consulate, an office of the U.S. Citizenship and Immigration Services (USCIS), the U.S. Border and Customs Patrol office, or an office of the U.S. Department of State. Whether or not you can file your waiver while also present in the U.S. will depend on the grounds of your ineligibility. If you have previously lived illegally in the U.S. and this is the reason for your waiver application, you must depart the U.S. before filing your waiver.
Once you know whether or not you need to file the I-212 and where you should be applying, you are ready to file your form.

The I-212 will require in-depth writing in English explaining your previous migration history and other personal information. The I-212 waiver has a filing fee currently at $585 U.S. dollars. Take care to send your filing fee to the correct office, in the correct amount to avoid delays in processing your application. Applicants filing with the USCIS office should pay to the U.S. Department of Homeland Security. Some applicants may be eligible for a fee waiver, so see if you qualify to avoid the filing fee.

You will be required to submit documents along with your waiver. If your application is pending and being reviewed, the person in charge of reviewing your waiver may look at additional information, both positive and negative, associated with your re-entry to the U.S. You should submit as much documentation as possible with your waiver to strengthen your case for admission to the U.S. Any documents written in a language other than English should include a full English translation in order to be reviewed. You should also take care not to submit your original documents and submit only copies. Make sure to keep your original personal documents because you may need them later. When filing the I-212, you are required to submit copies of your immigration history and records of any previous removals, departures, or deportations. This is required of all waiver applicants.

You should also submit documentation that strengthens and proves any claims about your positive moral character, good community standing, need for U.S. medical treatment or social services, or any close ties to the U.S. You must also submit documentation about negative qualities that may play a factor in your admission to the U.S. Having no major negative factors on your application will be reviewed positively. You can also aim to demonstrate that denying your admission to the U.S. would cause extreme hardship to you or your family. The grounds for claiming extreme hardship can be broad but there are guidelines you should look into.

Records that can demonstrate these factors can include police or criminal records, medical records, school records, employment history, official state documents such as birth or marriage certificates and so on. You can also submit documentation that would show poor conditions to which you or your family would be returned if your application was denied.

Overall, you should pay close attention to the correct filing method for the waiver. Only correctly filed and completed forms will be reviewed and only properly submitted documentation will be included in your case. Failing to properly file your I-212 waiver or any other forms will result in a significant delay in your application’s processing time.
For more information and help with filing for a visa, call immigration attorney Phillip Kim

ByStaff

Beware of Imitation Immigration Help Sites

 

The Internet provides people worldwide with much needed information and services. When it comes to immigration law, there is no shortage of websites that seem to offer harmless help.

In actuality, some sites are owned by unqualified, private businesses that seek to make a profit from unexpected users. Unlike our web services, some websites provide forms and claim that the cost of filing forms is much more expensive than it already is.

Immigration websites that provide forms and paperwork, but do not end in .gov may not be trustworthy sources. Some sites ask you to pay a fee, but it may not be the fee required by USCIS. So while you are paying for immigration services, the payment is not going to USCIS. Instead it is going to a personal business that is not legally qualified to provide you with information. Additionally, sites might offer incorrect or dated information about immigration processes. This will delay your case and may even result in a denial of your request for a visa or other document.

Particularly, we want our readers to take caution when websites claim to be “official” government sites. Often, these sites attempt to secure payments as “legal fees”. These sites may even gain your trust by charging an amount that USCIS would normally charge for the filing of a certain form. Whenever you are unsure about a website and the services it offers, contact an immigration attorney to ensure that you are on the right track.

When you use fraudulent websites to file claims and seek information about the legal process, you are jeopardizing your chance at being granted U.S. citizenship. Immigration has a lot to do with good timing – you have to apply for certain documents at the right time and if you miss a deadline, you may have missed your chance at becoming a legal resident of the United States (for example, once you have passed the age of 21, applying for a green card through a family member becomes a far lengthier process and sometimes impossible). When time is of the essence, it is very important to make sure that every step of the application process is reviewed by an attorney who has been authorized by the state bar.

While online sites may seem helpful and accommodating, when you are facing an issue as serious as deportation or family immigration, you do not want to make the mistake of trusting sites that are run by unqualified personnel. This blog is designed to give you accurate, up-to-date immigration information.

Rather than risk the use of imitation immigration sites, contact Attorney Phillip Kim for up-to-date and reliable information about immigration laws and reforms!

ByStaff

Employment in the U.S.: Do You Qualify for an H-1B Visa?

H-1B visas apply to people who want to come to the U.S. to perform special services or work on the basis of exceptional merit. You can live in the U.S. for 3 years and this time can be extended up to 6 years.
If you would like to be considered for an H-1B visa for specialty occupations, one of the following must be true about your job.

 

  • The job requires someone who has a Bachelor’s degree or higher. In some countries, the Bachelor’s degree is known by another name – that is fine as long as it is equivalent to a Bachelor’s degree.

 

  • Secondly, it must be true that the employer normally needs someone with a degree to work. It also has to be normal for the industry to require a degree from workers. For example, it is a common rule that doctors, teachers, or engineers to have some form of degree in order to work. Restaurant or gas station jobs do not require special degrees from its workers.

 

  • The job can also be so complicated that it cannot be done by a worker who does not have a degree or Bachelor’s degree.

If your job meets just one of the conditions listed above, the first check has been completed. You are now ready to determine if you meet the criteria to apply for an H-1B visa. In order to be eligible, you must meet one of the following conditions.

 

  • You must hold a U.S. Bachelor’s degree or its foreign equivalent that is required by your employer at an accredited university or college.

 

  • Or, you must have a license that indicates that you are authorized to work in the state where you are employed. If you are planning on working in California, your license should state that you are permitted to practice your employment in this state.

If you don’t fall into the categories listed, you still have a chance at being accepted for an H-1B:

  • Have you worked or trained in a job enough that you now have the education and expertise of someone who has a degree? Then you might qualify. It is necessary that your knowledge of the field is recognized through advanced employment positions that indicate your level of training in the field.

If your job satisfies one of the criteria above and you educational or employment history indicates that you meet one of the criteria as well, then you may have a chance at receiving an H-1B visa. Other factors must be taken into consideration like the H-1B cap. Every fiscal year, 65,000 H-IB visas are granted to workers. If you have an advanced degree, higher than a Bachelor’s, then you may be exempt from the cap. Also, extra visas are set aside every year for workers from Chile and Singapore. Otherwise, your application may be rejected due to the limit per year. Contact an immigration attorney for more information about the fiscal year cap and whether or not you qualify for an H-1B visa.

 
Because determining your eligibility is a complicated task, it is recommended that you seek the assistance of an attorney. If you have any questions about the H-1B visa, please contact Immigration Attorney Phillip Kim.