Visas Archives - Fresno Immigration Attorney

ByStaff

Attorney, Canadian, DS-160, Fresno, NAFTA, Professional, TD, TN, Visa, Visas, Worker

Canadian Professional Workers: Are You Eligible for a TN NAFTA Professional Visa?

If you are a professional worker, you have a lot of options when it comes to applying for a visa. EB-1, H-1B, and E-2 are just a few of the many visas available to you. The Phillip Kim Law Center seeks to educate you and let you know what options are available to you so you can take the right steps towards getting a visa and possibly citizenship.

This article will cover one type of professional worker status visa, the TN NAFTA Professionals visa. This visa is based on the NAFTA (North American Free Trade Alliance). It is a non-immigrant status visa that allows Canadian citizens to work in a business activity in the United States.

To be eligible for this type of visa, your profession must meet the requirements. First, your profession must be one that is on the NAFTA List: professions like accountants, engineers, lawyers, pharmacists, scientists, and teachers.

Secondly, the job you are going to do must require a NAFTA professional. Lastly, your position must be for a U.S. employer, for a position that is pre-arranged. You cannot pursue self-employment in the U.S.

There are other requirements you must meet: you must be a Canadian citizen (permanent residents are not eligible) and you must meet the qualifications of the profession.
The NAFTA agreement applies to Canadians and Mexicans. While Mexican citizens need a visa to come to the U.S. through TN NAFTA status, Canadians do not need to obtain a visa before coming to the U.S. If you still want a visa for documentation purposes, you can apply for one when you enter the U.S. Just apply at the port of entry.

But, if you are living in another country besides Canada and you want to bring your non-Canadian spouse or children with you, you will need to get a visa so that your family can eventually get TD-Visas (visas for the family of NAFTA professionals).

In order to apply, go to your consular office. If you are between the ages of 14-79, you will need to attend an interview. Make an interview appointment but be aware that there is a wait-time. In Canada the wait time usually lasts up to 2 days. They will conduct electronic fingerprinting at the interview as well so be prepared to submit that for an identity check.

Once you are in the U.S., you can stay with non-immigrant TN NAFTA status for up to 3 years. The cost of applying is $140. You can also apply for your family (spouse and children under the age of 21) to obtain TD visas. Having a TD visa will be beneficial to your family because they will be allowed to stay with you while you are in the U.S.

You will be required to submit extensive documentation with your application. Each case is different and unique. If you would like more information about your personal case, contact specialized Immigration Attorney Phillip Kim.

(559) 761-9742

ByStaff

Bachelor's Degree, California, Citizenship, employment visa, Fresno, H 1b Visa, H-1B Cap, immigration attorney, Masters Degree, Visas

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.

ByPhillip Kim

Fiancé(e) Visas by Immigration Attorney in Fresno

This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e)

living abroad to the United States to marry.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already

residing legally in the United States, you do not need to file for a fiancé(e) visa.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

● You (the petitioner) are a U.S. citizen.
● You intend to marry within 90 days of your fiancé(e) entering the United States.
● You and your fiancé(e) are both free to marry and any previous marriages must have

been legally terminated by divorce, death, or annulment.
● You met each other, in person, at least once within 2 years of filing your petition. There

are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or

your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
Application Process

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the

United States for 90 days so that your marriage ceremony can take place. Once you marry,

your spouse may apply for permanent residence and remain in the United States

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be

available to him or her. Be sure to include the names of your fiancé(e)’s children

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work Application

for Employment Authorization.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e)

should leave the United States at the end of the 90 days if you do not marry. If your fiancé

(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in

removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

To check the current processing times
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Visit the U.S. by Immigration Attorney in Fresno

There are two types of nonimmigrant visas available for people
who want to visit the United States.

Visitor for business (B-1)
Visitor for pleasure (B-2)
The B-1 visa is for individuals who wish to visit the United States
temporarily for business purposes, (e.g. conferences)
or for medical treatment,
or to accompany a family member who is requires medical treatment.

The B-2 visa is for individuals who wish to visit the United States temporarily
or to visit family or friends.

If you are planning to visit the United States,
you should be prepared to demonstrate the following:

Your visit will be temporary
You will depart at the end of your authorized stay or any extension granted
You are in possession of a valid passport
You maintain a foreign residence that you have no intention of abandoning
You are able to support yourself financially while in the United States
You are admissible to the United States or have obtained a waiver for any ground of inadmissibility.
For more information on this topic, Please Contact:
Fresno Immigration Attorney

Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Generally, if you want to visit the United States
you must first obtain a nonimmigrant visitor visa.
Travelers from certain countries may be exempt from this requirement.
For more information about visa requirements and procedures, Please Contact:

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

If you want to travel to the United States for reasons other than business or pleasure, you must apply

for a visa in the appropriate category. This includes if you want to study, work as a crew member or

journalist, etc., You can get help determining which visa you need by selecting the appropriate

categories in the “Where to Start” menu on our home page

Passing through a U.S. Port of Entry

You should be aware that a visa does not guarantee admission into the United States. may deny your

admission, and also limit the period of time you are authorized to remain in the United States.
For more information about the requirements for visiting
the United States, For More Information,
Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Green Card Eligibility by Immigration Attorney in Fresno

You may be eligible to apply for a green card (permanent residence) through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions.
In some cases, you may even be able to self petition or have a record created for permanent residence on your behalf. In general, to meet the requirements for permanent residence in the United States,
you must:
Be eligible for one of the immigrant categories established in the Immigration and Nationality Act

(INA)
Have a qualifying immigrant petition filed and approved for you (with a few exceptions)
Have an immigrant visa immediately available
Be admissible to the United States
Each requirement is detailed below.

Eligibility for an Immigrant Category

Individuals who want to become immigrants (permanent residents) through their qualified family member,

a job offer or employment, or a special category will generally be classified in categories based on a preference system. Except for immediate relatives of a U.S. citizen who are given the highest

immigration priority and a few other exceptions, Congress has set a finite number of visas that can be used each year for each category of immigrants. The general categories are listed below. For more

specific information under each general category, see the links to the left.

Family Based

Some relatives of U.S. citizens, known as immediate relatives, do not have to wait for a visa to become

available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByImmigration News

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ByPhillip Kim

Green Card Attorney Fresno California Citizenship Visa Lawyer

Green Card Eligibility

You may be eligible to apply for a green card (permanent residence) through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions. In some cases, you may even be able to self petition or have a record created for permanent residence on your behalf. In general, to meet the requirements for permanent residence in the United States, you must:
Be eligible for one of the immigrant categories established in the Immigration and Nationality Act (INA)
Have a qualifying immigrant petition filed and approved for you (with a few exceptions)
Have an immigrant visa immediately available
Be admissible to the United States

Each requirement is detailed below.

Eligibility for an Immigrant Category

Individuals who want to become immigrants (permanent residents) through their qualified family member, a job offer or employment, or a special category will generally be classified in categories based on a preference system. Except for immediate relatives of a U.S. citizen who are given the highest immigration priority and a few other exceptions, Congress has set a finite number of visas that can be used each year for each category of immigrants. The general categories are listed below. For more specific information under each general category, see the links to the left.

Family Based

Some relatives of U.S. citizens, known as immediate relatives, do not have to wait for a visa to become available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:
Parents of a U.S. citizen
Spouses of a U.S. citizen
Unmarried children under the age of 21 of a U.S. citizen

Note: U.S. citizens must be at least 21 years old to apply for their parents

The qualified relatives of a U.S. citizen or permanent resident in the remaining family-based categories may have to wait for a visa to become available before they can apply for permanent residency. These categories include:
First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens
Second Preference A: Spouses of permanent residents and the unmarried children (under the age of 21)) of permanent residents
Second Preference B: Unmarried sons and daughters (21 years or age or older) of permanent residents
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children

For more information on green card eligibility through a family member, CALL (559) 761-9742 or Click HERE.

ByPhillip Kim

E-1 E-2 Visas; Treaty Trader Visa; Treaty Investor Visa

The E1 and E2 nonimmigrant visa categories are comprised of treaty traders and treaty investors entitled to be in the United States under a bilateral treaty of commerce and navigation between the United States and the country of which the treaty trader or investor is a citizen or national.

*� The purpose of a treaty trader is to carry on substantial trade in goods, services and technology, principally between the United States and the foreign country of which s/he is a citizen or national.

� The purpose of a treaty investor is to direct the operations of an enterprise in which s/he has invested, or is actively investing, a substantial amount of capital in the United States.
Spouses and unmarried children under the age of 21 of an E1 or E2 nonimmigrant may be granted the same status to accompany the E1 or E2.

The EB5 immigrant employment-based visa category is for individuals who wish to reside permanently in the United States with the intent of creating or developing a business enterprise in the U.S. The EB5 visa category allows for conditional residency for persons who invest $1 million (or under certain circumstances $500,000) in a new commercial enterprise that employs 10 U.S. citizens or authorized immigrant workers full-time and engage in the business through day-to-day management or policy formation.

For more information, contact us.

ByImmigration News

Amnesty, Citizenship And Immigration, Citizenship And Immigration Services, Congress, Illegal Aliens, Immigration Officials, Immigration Reform Bill, Immigration Reform Legislation, New York Times, Obama, S Citizenship And Immigration Services, U S Citizenship And Immigration Services, Visas

Illegals just get a pass, you think?

A New York Times’ story reveals that immigration officials at U.S. Citizenship and Immigration Services have begun preparations for issuing visas to 11-18 million illegal aliens who would be granted an amnesty if Congress is able to pass immigration reform legislation. “We are under way to prepare for that,” USCIS director Alejandro Mayorkas told the paper. Mayorkas also said that Obama has told the agency that amnesty would be part of an immigration reform bill, so the agency is trying t

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.

Email

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“I am a REGISTERED NURSE and My father just went through very lengthy difficult deportation proceedings. We hired our first lawyer, who lost our case. That’s when we hired Attorney Kim, who appealed and took our case to San Francisco Immigration Court. He attended our hearings in Court and finally won our case. My father now has a Green Card. If you have a Deportation Case or are about to be deported, please call me. I will tell you how Attorney Kim helped my father with his Deportation case. My Cell # is (559) 802-7124.” – by Nalleli Medina, RN; Tulare, CA.

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"Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.

“We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA and Family; Fresno, CA.

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Fresno Immigration Attorney

Tag Archive Visas

Canadian Professional Workers: Are You Eligible for a TN NAFTA Professional Visa?

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

Fiancé(e) Visas by Immigration Attorney in Fresno

Visit the U.S. by Immigration Attorney in Fresno

Green Card Eligibility by Immigration Attorney in Fresno

New Search Results, from Technorati and Ingboo

Green Card Attorney Fresno California Citizenship Visa Lawyer

E-1 E-2 Visas; Treaty Trader Visa; Treaty Investor Visa

Illegals just get a pass, you think?

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

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