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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
PhillipKimLaw.com

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Working in the US Without Your Papers? This Legislative Bill May Help You

Led by Congressman Felipe Fuentes (D-Los Angeles), The California Opportunity and Prosperity Act (COPA) is a law that focuses on making California a stronger, wealthier nation with less illegal immigration issues.

COPA would do two things for illegal immigrants:

  1. 1. They would be allowed to work in California legally (even though they may not have their papers)
  2. They would not be given harsh punishment if they are caught by federal officers (some immigrants will be placed on the bottom of the “deportation list”, other immigrants could be forgiven and might avoid deportation altogether)

COPA is called a prosperity act because, if immigrants are allowed to legally work in the California, it is possible that the state will gain $325 millions of dollars per year.

Registering some immigrants that are currently working will mean that there are more tax dollars entering California’s budget. The money we would gain from these immigrants would help fund safety and educational programs in California.

Currently, immigrants are usually detained right away and forced to sign papers that guarantee their deportation. Under COPA, immigrants will be given time to get their papers together if they are ever caught by federal officials.

COPA would only apply to certain qualifying immigrants in California. In order to qualify, you must meet the following requirements:

  1.  You must be paying state taxes and have an Individual Taxpayer Identification Number (ITIN)
  2. You must have NO felonies (NO convictions for felonies either)
  3. If you are a suspected terrorist, you do not qualify
  4. You must know English, or at least be learning it
  5. You must pay a fee and provide a photo of yourself
  6. You must have NO public charges against you
  7. You must have lived here since before Janurary 1, 2008

There is much heated debate about COPA. It was defeated 15 times in Washington D.C. because of political fights between Republicans and Democrats. That’s why it is now a Californian bill.

Some say that this Act should be passed because states have a right to determine their immigration policy. Others disagree and want to leave it up to the federal government.

There are also possible drawbacks of this bill. What if the 2013 California administration is more conservative than the one we have right now? If used the wrong way, this bill could be used as a tool to root out illegal immigrants and register their names in the system. It would become much easier to find and convict immigrants if they willingly sign themselves up as undocumented immigrants.

Of course, if the bill is used for purposes it was meant for, it could mean a sigh of relief for almost 1 million undocumented immigrants in California.

We will keep you updated about the progress of this bill. As on now, the bill needs more than 500,000 signatures to appear on the ballot.

To learn more about COPA, please visit the official website, here.

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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.

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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

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Testimonials


"My family member recommended Attorney Phillip Kim. My whole experience with Attorney Kim's office was pleasant. Attorney Kim was thorough in preparing my case and assured me answering all of my questions throughout the process. I got my Green Card in a little over 3 months from filing and the entire process took less than one year. I would definitely recommend Attorney Phillip Kim to anyone who wants to fix their immigration status." Gina & Edgar from the Central Valley

"Amazing service. Great communication. My case was approved a little over three months. I have been recommending Mr. Kim to my family and friends." Alexa & Abraham from the Central Valley
"I am a DENTIST busy managing two offices and hired Attorney Kim recently. Alex Denes, DDS, PhD. Mr. Phillip Kim is a very knowledgeable and efficient immigration attorney. I was extremely pleased on how he handled the immigration of my father-in-law. His office staff is courteous and always returned my calls and email inquiries in a timely fashion. His Fresno office is very clean and he has extremely good knowledge of the US immigration law. I felt very safe having him handle our case. I am confident that you will not benefit of the same level of professionalism elsewhere. I am a busy professional, dentist with 2 offices and time and efficiency matters more. All that said, I found his fees to be extremely reasonable relative to the kind of service that he provides. I congratulate him on his knowledge and dedication as well as I congratulate his office staff for their professionalism. Dr. Alex Denes, DDS, PhD."
“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.
"I am an ENGINEER. 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.
“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, CA"
“I am a REGISTERED NURSE. 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, RN and Family; Fresno, CA.

 

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Testimonials

"I am a DENTIST busy managing two offices and hired Attorney Kim recently. Alex Denes, DDS, PhD. Mr. Phillip Kim is a very knowledgeable and efficient immigration attorney. I was extremely pleased on how he handled the immigration of my father-in-law. His office staff is courteous and always returned my calls and email inquiries in a timely fashion. His Fresno office is very clean and he has extremely good knowledge of the US immigration law. I felt very safe having him handle our case. I am confident that you will not benefit of the same level of professionalism elsewhere. I am a busy professional, dentist with 2 offices and time and efficiency matters more. All that said, I found his fees to be extremely reasonable relative to the kind of service that he provides. I congratulate him on his knowledge and dedication as well as I congratulate his office staff for their professionalism. Dr. Alex Denes, DDS, PhD."
“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.
"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.
“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, 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.
“I hired two other lawyers before Mr. Kim. They could not do it. It was denied. Finally, my third attorney, Mr. Kim helped me to get my green card even after my husband died. Please call me at (559) 283-5636. (ask for Reagan). We will tell you more about how Mr. Kim helped us.” – by Sochinda Nguon & Reagan; Fresno, CA"

 

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