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Employment Immigration Archives

Changes made to national interest waiver test for EB-2 visas

There are many things U.S. immigration officials may look at when considering a given immigration request. For one, they may apply certain tests, as tests have been set out for some types of immigration matters. Understanding what tests immigration officials might use when it comes to their immigration case can be very important for foreign workers looking to work in the U.S. and the companies looking to hire them.

‘Returning workers’ no longer exempt from H-2B cap

Many different things can have a big impact on employers who are trying to get a work visa for a foreign worker they desire to employ here in the United States. Among these are the cap rules related to the visa they are trying to secure for such a worker. Different work visas have different cap rules, including differing rules on what sort of cap (if any) is present and what workers are exempt from the cap.

New regulations on work visa programs to soon come into force

Occasionally, U.S. Citizenship and Immigration Services announces a final rule changing or adding immigration regulations. Sometimes, such new rules target one specific issue. Other times, they cover a wide range of different issues and changes. Recently, a final rule of the latter variety was published by USCIS.

New I-9 form released, will soon be mandatory

The list of rules U.S. businesses are to comply with is long. It includes regulations related to immigration. It is vital for businesses to keep their practices, including their practices regarding the hiring of workers from other countries, in compliance with all relevant immigration regulations. Being accused of failing to comply with such rules could get a business into some serious hot water.

What is the most common employment-based green card?

The five employment-based green card categories here in the U.S. vary from each other in many different ways. One is in their eligibility requirements. So, when a person is pursuing permanent resident status in the U.S. in connection to employment, what issues will be the big ones in their immigration case is heavily impacted by which type of employment-based green card they are pursuing. Experienced immigration lawyers can assist such individuals with the issues particular to the employment-based category they are seeking permanent resident status under.

Who is a 'special immigrant' for EB-4 purposes?

Each of the five main U.S. employment-based immigrant visa classes (permanent resident visa classes) covers a very different group of workers/immigrants. The EB-4 class is the class for "special immigrants." This class is somewhat unique among the employment-based visa classes, because rather than covering a general class of individuals, it covers a collection of very specific types of workers/immigrants.

Some physicians eligible for a special national interest waiver

As we talked about in a previous post, there are some exceptions under which a foreign worker seeking an employment-based U.S permanent residency status that generally requires a labor certification does not need such a certification to be granted permanent resident status. One of these exceptions is if the worker receives a national interest waiver. This waiver not only clears a worker from the requirement to have a labor certification, but also the requirement that they must have a job offer.

How long can a person with L-1 status stay in the U.S.?

There are multiple types of employment-related non-immigrant visas here in America. One such type is the L-1 visa. These are visas that allow foreign workers to temporarily stay in the U.S. in relation to being transferred to a position in the U.S. by the company they work for. There are numerous requirements for this visa type, including that the transferred worker must be a manager/executive or have specialized knowledge.