Tag Archive Alien

ByPhillip Kim

Information for Employers and Employees by Immigration Attorney in Fresno

Employers must verify that an individual whom they plan to employ or continue to

employ in the United States is authorized to accept employment in the United States.

For more information about the employment authorization verification process, Please

Fresno Immigration Attorney Phillip Kim
(559) 761-9742

As an employer, you may require the services of a foreign national to work at your

company or business. If the individual is already a permanent resident (green card

holder), you may hire that individual, but you must comply with the employment

verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that

the individual may obtain the appropriate immigrant or nonimmigrant classification. You

may chose to file an immigrant petition (permanent) or a nonimmigrant petition

(temporary) on behalf of that employee. Fresno Immigration Attorney Phillip Kim
provide information on how to petition and the different eligibility categories.


No alien may accept employment in the United States unless they have been authorized

to do so. Some aliens, such as those who have been admitted as permanent residents,

granted asylum or refugee status, or admitted in work-related nonimmigrant

classifications, may have employment authorization as a direct result of their immigration

status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You

may seek an immigration classification that permits you to live and work in the United

States permanently or temporarily. In most instances, your employer or potential

employer must petition for you. You will find more information about coming to the

United States to work temporarily or permanently and the many different eligibility

categories for working in the United States.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742

ByPhillip Kim

H-1 Work Visa H-1B Immigration Lawyer F-1 Change of Status Attorney Fresno

Q: What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

Q: Is there an annual limit?
The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status in FY2004. (The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003.)

Q: How can I apply?
H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file the certified LCA with a Form I-129 petition plus accompanying fee. (Prior to FY2004, employers were required to submit an additional $1,000 fee to sponsor the H-1B worker, unless specifically exempt.) Based on the USCIS petition approval, the alien may apply for the H-1B visa, admission, or a change of nonimmigrant status.

If you need legal assistance on H-1B H-1 Visas or Change of Status, please contact us at
(559) 761-1040.
You will be able to speak DIRECTLY with an attorney.