Thursday, November 25, 2010
Generally a person who wishes to seek entry to United States must obtain a visa. A visa is an official travel document used to enter another country. There are various types of visas issued to people to enter United States based on the purpose of the entry.
If you wish to enter United States for employment purpose, you must obtain a visa with work permit in the United States. United States offers two working visas such as H1B and H2B visas . The H1B working visa is a non-immigrant visa category. H1B visa allows a foreign national to be sponsored by a US company for a period of six years . This H1B visa is mainly designed to be used for people who fall under the category called Specialty Occupations. The Specialty Occupations requires a high degree of specialized knowledge (usually this requirement can be met by having a 3 year degree or 3 years' equivalent post-graduate experience) in areas such as mathematics, architecture, engineering, and other occupations
To be eligible for the H1B visa, you must satisfy the requirements by the immigration law. The first requirement is that there must be a job offer for you in the United States. You must be then sponsored by the employer of the company or entity in the United States. Also, the US employer who sponsors you must provide a certification that the position requires a skilled person from a specialty occupation.
H1B Visa process
The process of applying for the H1B visa is a four step process:
• The first step is that you must be employed by the US employer who will be the sponsor
• The US employer must file a petition for you with the USCIS (United States Citizenship and Immigration Services)
• The USCIS will process the petition and they will decide on the approval or denial of your application.
• If the petition is approved, then you are allowed to work in the United States for the US employer who petitioned you.
The petition for H1B must be filed properly because any small error in the application will lead to the denial of the petition.
To apply for a H1B visa, the US employer must first file a Labor Condition of Application (LCA) with the Department of Labor (DOL). The LCA filed by the US employer with the DOL provides information about the company in US and agrees based on certain working conditions. The U.S. employer must agree to pay the H-1B employee at least the prevailing wage earned by similarly employed workers. After the approved LCA is returned by the DOL, the sponsor can file a petition for a H1B visa with the USCIS with proper supporting documents.
You must also provide the required supporting documents which includes the degree certificates and mark sheets and various other relevant documents.
Approximately after 4 to 10 weeks, USCIS will send a Notice of Action to the US employer. This indicates that the application is in process. If the USCIS is satisfied with the petition and the documents provided, they will send an Approval Notice of Action within 30-90 days of the receipt notice. Any decision on the petition will be notified in writing.
Friday, November 19, 2010
Picture this. It's almost two years since the time you immigrated to the United States to live a wonderful life with your spouse. You have your green card based on your marriage to a US Citizen spouse, you're working and happily settled in your new found home.
Lets pause here and go back to the time you were issued your green card. Green card obtained on the basis of marriage to a US Citizen has a condition attached to it. USCIS, the official machinery of the Unites States Government has put up measures in place to be sure that your marriage is not a sham and that your green card obtained on the basis of your marriage to a US citizen is not fraudulent.
So how to do you go about removing the conditions attached with your green card. The following details will help you out.
Petition to Remove Conditions on Residence:
To remove the conditions attached with your green card you need to file the Form I-751 immigration form. The I 751 immigration form is used to petition the USCIS to remove the conditions attached with your green card. Lets now analyze in depth your conditional green card as it is popularly known.
If your card was obtained based on your marriage to a US citizen you will be issued a conditional green card which is valid for 2 years.
By law, you are required to remove the conditions before the expiry of the stipulated two years. If you do not, then you tend to become out of status in the eyes of the USCIS.
I 751 Immigration Form and Process Involved:
File the I 751 immigration form within 90 days preceding the expiration date on your green card. It has to be noted here that this date is the date when your conditional residence expires.
Complete the I 751 application and do not forget to include all the supporting documents that will serve as evidence of a bona fide marriage relationship.
Mail the completed package with the relevant fee to the USCIS which has jurisdiction over your area
USCIS will mail you a confirmation receipt which will extend your green card status by one year.
Have this receipt with your green card as it is the only proof of your legal status.
Keep up with your scheduled biometric appointment with the USCIS.
If need be you might be called for an interview. The date and time will be informed to you by the USCIS.
Once your I 751 immigration form is approved, your new green card will be mailed to you. Your new green card will be valid for the next 10 years. Your green card will then have to be renewed every 10 years and in the interim, if you fulfill certain eligibility criteria you may also think of becoming a US citizen.
One should always be mindful of the fact that the conditions attached with your green card are to be removed with the I 751 immigration form and to have your green card current to relish and enjoy the work, life and other numerous benefits in the US.
Friday, November 12, 2010
Related Immigration Hottest News
1. Moving Forward: Elections Underscore Need for Progressive State Immigration Policies
2. Citizenship information meeting, Nov. 13
Friday, November 5, 2010
Non US citizens who wish to work in the US should get authorization to work in the US. They can get authorization by filing the I-765 form which is the authorization for their employment. Though belonging to different national origin, aliens can work after the form I-765 is approved.
I 765 Application for Employment Authorization Document:
I-765 form or the Application for Employment Authorization Document is used by certain aliens to apply for an Employment Authorization Document. A valid Employment Authorization Document is issued in the form of plastic card which resembles a credit card. The information on the EAD card is all about the personal details of the alien who has applied like the name, sex, birth date, country of birth, alien registration number, recent photos, etc. So any foreign national with a valid EAD can work for an employer in the US.
Individuals can file I-765 form or Application for Employment Authorization by mail with the USCIS Regional Service Center closest to where they live. It can also be filed electronically. Each applicant should file a separate application, with the relevant fees and documents.
EAD can be applied for by certain foreign nationals like,
-one who has filed for a green card or Adjustment of status
-Spouses of L and E visa holders and spouses and children of J visa holders.
-Spouses and children of foreign government officials
-F1 and M1 students of certain categories
-B1 non immigrant employees of US citizens and foreign airlines.
-Foreign nationals of refugee and asylum status.
-Foreign nationals of V non immigrant status and who are under the temporary protected status.
The EADs issued by the USCIS are for different categories, like
*Renewal EAD- This is the EAD which is issued for the EAD that has expired and will be issued only under the same category.
*Replacement EAD- This is issued for the previously issued EAD that has been stolen, lost, damaged, or having erroneous information like mis spelled name etc.
*Interim EAD- This EAD is requested by the foreign employee, if his EAD has not been approved or denied within 90 days and it is 30 days for an asylum applicant.
Further, in case an individual has filed form I -485 application, which is the application to register Permanent Residence or Adjustment of status, on July 30, 2007 or after and paid for it as well, there is no necessity of a filing fee for I-765. Also the I 765 can be filed concurrently with the I-485 or filed separately at a later stage. In case of filing the I-765 form separately, then a copy of the I 797C,Notice of action should be submitted to show that the I 485 application has been filed.
The employment authorization document is a mere work permit and authorizes one to work in the US. Depending on the category, one has to file the I-765 form and take the advantage and right of working in the US, which is a dream for many of the foreign nationals.