Tag Archive Employment

ByPhillip Kim

Employment-Based Immigration: 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:

1. 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.

You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

2. 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.

You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer.

3. 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.
Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

* 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


How to Apply for a Work Permit under New Immigration Law

The Obama Administration’s latest new immigration law could benefit many immigrants.

Effective June 15th, 2012, President Obama’s new immigration law will do two things for young immigrants: prevent deportation and grant work permits.

The Obama Administration decided it was time to address the needs of thousands of struggling, young immigrants. Many of these immigrants were brought the United States at a young age and have significant ties to this country – some have lived here since they were children and only speak English. The new law is meant to provide these immigrants with a solution that would prevent them from being deported and would also allow them to work legally in the U.S.

The law is tailored for immigrants who are currently under the age of 30. The immigrant must prove that he is not a threat to the country. Good moral character will also be taken into account. This means that if the immigrant has a history of crime or criminal offenses, he may be denied under this new law.

The new law is meant for young immigrants who came to the U.S. under the age of 16. As minors, these immigrants had no choice in coming to this country. Now that they are here, they should be allowed to stay and get work legally.

Finally, the last requirements under this law are that the immigrant is currently in school or has graduated from high school. If you have received some form of a G.E.D., then that would be acceptable as well. You must also have been living in the U.S. since 2007. If you left at any time within the past 5 years or are currently NOT in the U.S., then you might not be eligible to apply under this law.

Even though you meet these minimum requirements, you may not be eligible for the benefits of this new law. For example, documents must be submitted as proof or evidence that you meet the requirements. If you fail to provide the government with proper documents, your case may be denied.

Furthermore, there may be more requirements for specific cases. A certain criminal offense might still mean that you are eligible for some protection under this law, while other offenses will bar you from benefits altogether.

For these reasons, it is important to discuss your options with a specialized immigration lawyer. Contact Attorney Phillip Kim for more information about Obama’s new law and how it will affect you.

Phillip Kim, esq.
Phillip Kim Law Center

Fresno Office
(559) 448-8500


Working in the U.S. Without a Green Card? Learn How to Apply for One

There are many ways to obtain a green card as a worker. Some of the categories that may be approved for a worker’s green card are: offer of permanent employment, entrepreneurship, investment, special or particular skills. There are also certain fields of work currently allowing green card applications as workers. If you have a job offer for permanent work, you can apply for your green card from both inside and outside the U.S. but the procedure does differ.

If you are living in the U.S., you must first submit a petition for status as an immigrant worker. After your petition there is a waiting period for a visa. After your visa becomes available, you can apply for your green card as a permanent worker. Your ability to prove your eligibility as a permanent worker with a job offer will aid in the green card process.

If you are not yet living in the United States, submit your petition as a worker from your country of origin. After your application is submitted, there will be a waiting period for an available visa. Once your visa is approved, you may travel to the U.S. for residence.

For more information on obtaining a green card, contact immigration attorney Phillip Kim.

(559) 761-9472


Are You a Mexican Professional Worker? Learn How to Apply for a TN NAFTA Visa


The TN NAFTA visa is meant for professional workers from Mexico and Canada. This visa allows Mexican citizens to come to the U.S. and work for at a professional job that meets NAFTA requirements. To learn more about those requirements, see our past articles.

You must have a TN NAFTA visa before entering the U.S.

The process of applying involves proving that your employment is on par with NAFTA requirements. Required documents are: Form DS-160 (Nonimmigrant Visa Application, $140), a valid passport, a 2×2 photo of you, and a letter or statement from your boss or future employer in the U.S. This letter should outline the following information: facts about your profession (stating that the profession requires someone with professional ability), evidence that you will be hired (how the employer will pay your salary, full time or part time), and a detailed statement, letter, or contract that explains the business activities that your employer will provide.

This letter or contract will explain why you are entering the U.S. and your new job with the U.S. employer. The employer should also describe how long you plan to stay in the U.S. for, as well as your educational background and qualifications that show your status as a professional worker. Your employer must also explain that he or she complies with state law and DHS regulations that concern the business or place of employment. The employer should explain how he or she is going to pay your salary.

If you choose to bring your family with you, they will need to submit paperwork as well. Your spouse and any children under the age of 21 can join you in the United States. First and foremost, they must prove their relationship to you. They must also provide proof of their citizenship in Mexico and copies of your entry documents (in other words, the family must show that the TN NAFTA visa holder is obeying legal requirements). Also, the family does not have to have Mexican citizenship. They can be citizens of another country.
Your family will be allowed to study but not work. If you are already in the United States and want your family to join you, they will need copies of your I-94 papers (Arrival-Departure Record) to show that you are still maintaining your status.

Basically, all of this means that you must establish that the job you will be employed for is a legitimate one that belongs to a NAFTA list category. You have to show that your intended stay is only temporary (show that you have a stable home in Mexico). Your employer has to demonstrate that you, the applicant, meet all the minimum degree requirements for the job you are going to take. Degrees, diplomas, educational certificates, and professional licenses or membership to professional organizations are all examples of your educational status.

You should translate documents that are written in Spanish. And include validation of your documents by a credible outside source – there are some companies that offer professional validation of documents. You may need to contact one of these agencies.
Also show your work experience or business records if you were self-employed. All of these documents will help demonstrate that you are coming to the U.S. to work in a special field. One note: you do NOT need to prove that you are licensed to work in a certain field.

Every state has different laws relating to this issue. If you want to learn more, contact Immigration Attorney Phillip Kim. He has expertise in immigration law and can help you determine if the NAFTA Visa is the right type of visa for you.

(559) 761-9742


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.


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


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!

ByImmigration News

The Form I-9 (Mondaq)

Employers are responsible for the completion and retention of Forms I-9 for all employees (with limited exclusions) hired for employment in the United States, regardless of citizenship or national origin.