5 Potential Alternatives to the H-1B Visa

The H-1B visa cap of 65,000 (plus an extra 20,000 for U.S. master’s holders) will soon be reached, and many hopeful immigrants who want to work in the United States will not be able to obtain the visa they need. For those thousands of unlucky individuals that the cap will affect, there may be other options that would allow them to work in the U.S. L Visas – Transferring Employees Organizations that have Read More

4 Ways Employers Commonly Violate the Immigration and Nationality Act

The Immigration and Nationality Act (INA) is a federal law that deals with virtually every aspect of immigration in the United States. In particular, it addresses immigration issues that apply to employment, including visa quotas, hiring requirements and discrimination issues. Employers sometimes do not realize that they have violated the INA in their employment practices. Some of the most common violations Read More

What You Need to Know About Deferred Action for Childhood Arrivals (DACA)

Individuals who entered the United States as children have a unique course of action at their disposal when faced with removal proceedings. As long as you meet the guidelines, a request for Deferred Action for Childhood Arrivals (DACA) may allow you to delay or suspend the commencement of a removal (deportation) case against you for a period of two years. If granted, it also makes you eligible for work authorization Read More

A Brief Introduction to the National Interest Waiver

If you want to apply for permanent residence in the United States, you may be eligible if you fall into one of the employment-based (EB) immigration categories. The EB-2, or second preference visa, is reserved for three types of applicants: those who have an advanced degree; those who demonstrate exceptional ability in the sciences, arts, or business; and those seeking a national interest waiver (NIW). The NIW Read More

Immigration for those with Extraordinary Ability: How the EB-1 Category Can Help

For those individuals who are at the top of their fields and would like to continue their work in the United States, the EB-1 Extraordinary Ability immigrant visa category is an attractive immigration option. Designed to help researchers, innovators, artists, scientists, and other outstanding academics immigrate to the U.S., the EB-1 visa is self-sponsored and a faster and easier way to obtain permanent resident Read More

K-1 Fiancé(e) Visas and Conditional Permanent Residence

If you are engaged to someone living in the United States and you do not also live there, the process for getting married requires more paperwork than you’d expect. In order to enter the country and marry a citizen, you must apply for the K-1 “Fiancé(e)” visa. This visa will allow you to travel to the US as long as you get married within 90 days after your arrival. Applying For The K-1 Visa The process for Read More

Immigration and Employment: 6 Tips for Proper I-9 Compliance

With political pressure pushing immigration reform into the national spotlight, employers that neglect one legal issue can turn a profitable company into a financial pit of endless lawsuits. We're talking about I-9 compliance. Never has the immigration spotlight burned more brightly as it does now on United States employers. U.S. employers need to know what an I-9 is, as well as how to ensure they are compliant Read More

Don’t Go It Alone: Knowing When You Need an Immigration Attorney

Immigration proceedings are a scary place for many hoping to reach American soil, or to remain here after arriving. And while it is not required by law to have an attorney represent you, it is certainly unwise to proceed without a knowledgeable legal advocate due to the highly complex framework of US immigration law. Many believe that the Immigration authorities are inherently skeptical of applicants. After all, Read More

Nonimmigrant Work Visas: The E-1 Treaty Trader Visa Explained

An E-1 Treaty Trader Visa is essentially a visa designated for foreign nationals who wish to enter the country to conduct matters related to foreign trade. The trader must be a member of a nation in which the United States has a treaty agreement for trade and commerce. Qualifying countries can be found here. Eligibility Not just anyone can obtain an E-1 Visa.  One must be a national of a country with which the Read More

Nonimmigrant Work Visas: The E-2 Treaty Investor Visa Explained

If you are a business investor from outside the U.S. looking to invest in a new or existing business within the U.S., then you may want to consider applying for an E-2 “Treaty Investor” Visa. As the name implies, this type of visa allows an individual whose country of nationality holds a valid treaty of trade with the US to reside lawfully in the US in order to manage and direct the investment enterprise (which can Read More

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