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ASYLUM
Asylum is a form of protection that allows individuals who are in the United States to remain in the country, provided that they meet the def..... |
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Becoming a Permanent Resident
In order to immigrate to the United States and become a permanent resident, an individual who resides in a foreign country mus..... |
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U.S. Government Crackdown on Illegal Immigrants
U.S. Government Crackdown on Illegal Immigrants
The Obama administration’s crackdown on illegal immigra..... |
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How to Fight Deportation Cases
An immigration officer detained Wu as criminal alien last fall; facing deportation to China even though he had come to the United States wi..... |
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Working Temporarily in the United States
If you are wanting to work in the United States for a short period of time, you should do so legally. Many people try to get around the laws when working in the United States. Immigration officials will eventually catch up to you.
You may work in the United States temporarily and legally by following a few guidelines:
H1-B Visa
The H1-B visa allows a person with a specialty occupation to work temporarily in the United States. This particular visa requires a labor attestation issued by the Secretary of Labor. An H1-B visa is also issued for government-to-government research and coproduction projects administered by the Department of Defense.
J1 Visa
The J1 visa is used for exchange students. An eligible applicant is:
• Students at all academic levels
• Trainees obtaining on-the-job training with firms, institutions and agencies
• Teachers of primary, secondary and specialized schools
• Professors coming to teach or do research at any institution of higher learning
• Research scholars
• Professional trainees in the medical and allied fields
• International visitors coming for the purpose of travel, observation, consultation, research, training, sharing or demonstrating specialized knowledge or skills, and/or participating in organized people-to-people programs.
Visa Requirements:
• The applicant’s prospective employer must file Form I-129 (Petition for Nonimmigrant Worker) with the USCIS. When the application is approved, the prospective employer will receive Form I-797.
• The applicant will need to provide a nonrefundable application fee and will need to complete, sign and submit Form DS-156 along with the application fee.
• Additionally, if the applicant is a male between the ages of 16 and 45 years of age, Form DS-157 is also required.
• Form DS-157 is also required if the applicant is from one of the seven countries designated as state sponsors of terrorism: North Korea, Cuba, Syria, Sudan, Iran, Iraq and Libya.
• A passport valid for travel to the United States. The validity date must be at least six months beyond the applicant’s intended period of stay in the United States.
• A 2-inch by 2-inch photograph.
• A notice of approval (Form I-797)
• Proof of binding ties to a residence outside the United States which the applicant has no intention of abandoning (except forH1 and L1 visas).
F1 Visa
The F1 visa is a student visa. The student must have “successfully completed a course of study normally required for enrollment.” The student must also be proficient in English or the school must have made special arrangements to teach the courses in the student’s native language. An F1 visa will not be issued for an alien to attend a publicly-funded adult education program.
Additionally, the educational institution must be approved by the USCIS and the institution must send the applicant a Form I-20A-B (Certificate of Eligibility for Nonimmigrant F1 Student Status for Academic and Language Students). Students who qualify for the F1 visa will have sufficient funds available and identified. The funds must be able to cover all living and school expenses during the entire period of study in the United States.
There are several other visas allowing applicants to work in the United States, including subcategories of visas. Because the rules are different for each visa (different school visas, special occupation visas, temporary work visas), it is best to contact an experienced New York immigration attorney to help obtain the proper visa. Additionally, it is easier to qualify for a visa once the applicant is in the United States. |
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