Archive for April, 2010
Do I qualify for the O-1 visa category?
The O-1 category is reserved for individuals of extraordinary ability in the arts, sciences, education, business, or athletics. It also includes those with a demonstrated record of extraordinary achievement in the motion picture or television industry. This category requires employer-sponsorship. An individual may not self-petition for O-1 status.
Extraordinary ability in the field of arts means a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered. In other words, the individual is a person of distinction and would be described as prominent, renowned, leading or well-known.
Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.
Extraordinary achievement with respect to motion picture and television productions means a very high level of accomplishment in the motion picture or television industry. The person must be recognized as outstanding, notable, or leading.
The evidence required in O-1 cases is extensive. Some examples include: evidence that the individual has received nationally or internationally recognized awards for excellence in the field; or evidence that he/she has made original contributions of major significance to the field, among other criteria.
Please note that the field of endeavor can be defined generally (Software Engineering), or more specifically (Medieval French Literature).
Please contact our immigration law office if you wish to discuss your eligibility for the O-1 category.
Tags: extraordinary ability, O-1, original contributions
Posted in FAQ - O-1 | Read More »
ALERT: DEPARTMENT OF STATE REDUCES VISA PERIOD FOR MEXICAN CITIZENS
The U.S. Department of State (DOS) has reduced work visa validity periods for Mexican citizens after Mexico increased its visa fees for U.S. citizens. Starting February 22, 2010, any Mexican citizen applying for a U.S. work visa in the categories of H-1B, H-2B, E-1, E-2, TN or L-1 will receive a one-year validity period only. Multi-year work visa approvals are no longer available until further notice. This change applies to Mexicans seeking to come to the U.S. and those already in the U.S. filing extension petitions with the United States Citizenship and Immigration Service (USCIS). If you have any questions about this recent and sudden change, please don’t hesitate to contact our immigration law firm.
Tags: Department of State, H-1B, L-1, Mexican citizens, TN
Posted in Alerts, FAQ - TN, H-1B | Read More »
I am Canadian or Mexican. Do I have work visa options other than an H-1B?
Yes. Canadians and Mexicans may qualify for the three-year TN (NAFTA Professional) temporary work visa provided all of the following criteria are met:
1. The applicant is a citizen of Canada or Mexico
2. The U.S. profession is on the NAFTA list found at http://www.nafta-sec-alena.org/en/view.aspx?x=343&mtpiID=147#Ap1603.D.1
3. The position in the U.S. requires a NAFTA professional
4. The Mexican or Canadian applicant will work in a prearranged full-time or part-time job for a U.S. employer (no self employment)
5. The Canadian or Mexican citizen has the qualifications for the position
Canadian TN applicants are visa-exempt and can apply directly for TN status at a U.S. port-of-entry or through pre-flight inspection at the airport. Mexican applicants must apply for TN status at a U.S. Consulate in Mexico and obtain a TN visa before entering the U.S.
TN status is initially granted for three years, but may be extended indefinitely provided the above criteria continue to be met. TN holders may also change employers either from within the U.S. or by returning abroad and re-entering per each country’s procedures.
Like an H-1B, the TN category is employer-specific and thus, an applicant must have a bona fide job offer in the U.S. to qualify.
Please note that one major difference between the TN and the H-1B involves the issue of intent. In TN status, an individual must maintain nonimmigrant intent, meaning that the person has no intent to reside in the U.S. permanently as a green card holder (i.e. lawful permanent resident).
In H-1B status, an individual may have dual intent, which means that the person can intend to be here temporarily or permanently. Thus, if a TN applicant wants to seek U.S. permanent residence, the H-1B category is better for that purpose.
Please don’t hesitate to contact our immigration law office if you need assistance with a TN visa petition or have any questions about this unique category.
Tags: Canadian, Mexican, NAFTA, TN, work visa
Posted in FAQ - TN | Read More »
Attention Foreign National Entrepreneurs: Small Tech Companies Needed in the U.S.
Attention Foreign National Entrepreneurs: Small Tech Companies Needed in the U.S.
There are a number of potential opportunities in the U.S. for small technology companies, including start-ups established by foreign nationals. Reported on http://www.nextgov.com/nextgov/ng_20100416_1532.php, and confirmed in that article by Alan Swendiman, former general counsel of the General Services Administration, small businesses (even those established by foreign nationals) in the U.S., are able to go after “set asides” (Federal contracts) reserved for small firms. Foreign companies and foreign national entrepreneurs should find this encouraging and should be incentivized to establish U.S. start-ups, subsidiaries or branch offices.
Currently, large companies submitting proposals for Federal projects must include a subcontracting plan using smaller subcontractors. These plans must account for 40% of the total offer. This is great news for small U.S. companies since large companies are constantly seeking the work of smaller subcontractors to meet this requirement. This also allows small companies to take advantage of the Federal Recovery Act stimulus money available to Federal subcontractors. Please note that in order to qualify for these subcontracts, the U.S. company must have been in business for at least two (2) years.
We encourage you to take advantage of these unique subcontracting opportunities by establishing a company in the U.S.. If you have any immigration questions regarding the establishment of your business within the U.S., please don’t hesitate to contact our immigration law firm.
Tags: entrepreneur, foreign national, immigration, start-up, technology, visa
Posted in Uncategorized | Read More »
H-1B’s Still Available
The FY2011 H-1B cap filing period opened April 1, 2010. As of April 8, 2010, the USCIS has only received 19,100 H-1B petitions for the 85,000 slots currently allotted. This means there are many H-1B slots left to be filled!
The H-1B category is for individuals who wish to perform temporary work in the U.S. in positions that require a Bachelor’s or higher degree (i.e. in a specialty occupation). Each year, 65,000 slots are allotted for holders of Bachelor’s degree or the equivalent experience and 20,000 slots are allotted for U.S. Master’s degree holders (or higher), totaling 85,000 slots. In previous years, the quota was reached within days of April 1, however, due to the struggling U.S. economy, that is not currently the case. Last year, the cap period remained open over 8 months from April 1, 2009 – December 21, 2009.
Despite the slowdown in H-1B filings, the category remains a first-come/first-serve system, so filing an H-1B cap petition sooner rather than later is best. The USCIS can announce at any time that the cap has been reached and it is closed until next year. Please contact our immigration law firm if you would like our assistance with your H-1B petition.
Tags: H-1B, h-1b cap, H-1B quota
Posted in H-1B | Read More »
Report Shows 88,000 U.S. Children Lost Immigrant Parent to Deportation
A report based on analysis of data provided by the U.S. Department of Homeland Security was recently released showing that between 1997 and 2007, 88,000 children in the U.S. lost a legal permanent resident parent to deportation. In most of these incidents, the green-card holding parent was deported because they committed a crime deemed by the Department of Homeland Security to be an “aggravated felony”, and therefore a deportable offense.
In 1997, the definition of what constitutes an aggravated felony was significantly expanded to include even relatively minor crimes, such as non-violent theft and drug offenses, as well as other offenses which are not felonies under state law. The study found that in 68% of cases, the crime in question did not involve violence.
Not surprisingly, subsequent to their parents’ deportation, many of these children simply tanked. High rates of depression, anxiety, behavioral problems, as well as plummeting grades were documented.
The results of this study should come as a surprise to no one. It’s obvious that when a child loses a parent, he or she loses a main source of stability and support. What astounds me is that our government, in the name of enforcing our nation’s immigration laws, would inflict this harm on its own citizen children. How absurd from a policy standpoint, considering the broader cost to our society.
As this study recommends, immigration judges should have the discretion to grant individuals a waiver from deportation when minor children are involved.
The study was a joint project of the Immigration Law Clinic at the UC Davis School of Law, and the International Human Rights Law Clinic and the Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity at the UC Berkeley School of Law. It is available at: http://www.law.ucdavis.edu/news/images/childsbestinterest.pdf.
Tags: immigrant; immigration; green card; lawful permanent resident; children; crime; deportation; removal
Posted in Politics/Current Events, Uncategorized | Read More »
