Department of Homeland Security Breakdown

Size: px
Start display at page:

Download "Department of Homeland Security Breakdown"

Transcription

1 Department of Homeland Security Breakdown Department Of Homeland Security (DHS) Citizenship & Immigration Service (CIS) Good Branch naturalization, green cards, work authorization, Immigration & Customs Enforcement (ICE) Bad Branch Investigations, Removal, Deportation, Detention Customs & Border Protection (CBP) Prevents Terrorists & Terrorist Weapons from Entering the U.S.

2 Immigration Immigration the movement of people into a country Department of Homeland Security (DHS) The new agency into which INS was folded as of March 1, 2003 United States Citizenship and Immigration Service (USCIS) The division of DHS responsible for the benefits of the former INS Immigration and Nationality Act (INA) The code/law that is used to regulate all immigration matters

3 Basic Immigration Terminology Alien Anyone who is not a citizen or national of the U.S. Non immigrant Aliens who come to the U.S. for a limited time and purpose Immigrant An alien who intends to reside permanently in the U.S. Petition An immigration form asking for a certain benefit. Beneficiary The alien on whose behalf a petition for a certain benefit is being filed. Petitioner The person requesting that the beneficiary be allowed to enter the U.S. Alien Number Special number used to identify an immigrant alien

4 Seeking Relief Through Appeals If the alien does not like the Judge s opinion, he may appeal to the Board of Immigration Appeals (BIA) within 30 days The BIA will not hear new testimony. The BIA is an administrative appellate body that is part of the U.S. Department of Justice. BIA decisions are the final administrative action in a given case. The next stage of appeal after a BIA decision is usually in the U.S. Court of Appeals, if an appeal is allowed by statute. The BIA is located in Falls Church, Virginia, and comprises 11 Board Members, who are administrative judges appointed by the U.S. Attorney General.

5 Immigration Reform and Control Act (IRCA) The IRCA makes it unlawful for an employer to knowingly hire, recruit, refer for a fee, or continue to employ any alien not authorized to work in the U.S. The knowledge requirement is based on either indirect or circumstantial evidence. For an alien to be authorized, he must be 1) lawfully admitted for permanent residence or 2) authorized for employment.

6 INA Act of 1990 Employer Conditions 1. Employers cannot request more or different documents than those required under the antidiscrimination provision of the INA Act as proof of identification from an alien worker (see page in your text) 2. Employers cannot knowingly use, attempt to use, possess, obtain, accept, or receive forged, altered, or false documents from potential alien employees. 3. Employers cannot falsely backdate form I 9 (page 369 text). 4. Employers must make sure employees accurately complete section 1 of the I 9 form. 5. Employers must examine original documents prsented by the employee and complete section 2 of the I 9. Record Keeping Completed and signed I 9 forms must be kept for 3 years after the date of hire or 1 year after termination of employment, whichever is later.

7 TN Visa: Canadian and Mexican Citizens TN (Trade NAFTA) status is a special non immigration status unique to citizens of the United States, Canada, and Mexico. TN status was created by virtue of the 1994 North American Free Trade Agreement (NAFTA). It allows American, Canadian and Mexican citizens the opportunity to work in the United States or Canada under a limited set of occupations. Within the TN set of occupations, an American, Canadian or Mexican can work for up to a year at a time (this is in the process of being extended to three years). The TN status may be renewed indefinitely in one year increments. In the event of a job termination, the individual must permanently leave the United States within 10 days from the last day of employment or the last day TN visa expires (which ever is less).

8 TN Visa: Canadian and Mexican Citizens Documents Required Proof of Canadian or Mexican Citizenship Statement Explaining the Job Position University or post graduate degree and license; if required Resume Passport Current Passport (Canadians can provide birth certificate instead) Credential Evaluation if the degree if foreign (except if the degrees are from Canada, Mexico, or the United States) Non Immigrant Visa Application (Mexicans Only)

9 B 1 and B 2 Visas B 1 The alien is visiting the U.S. for business purposes. Ex: contract negotiation, litigation. B 2 Visits : Tourist Visiting Friends/Relatives Medical Treatment Conference or convention of social or fraternal organization Short Course of Study Incidental to Tourist or Social Activities Amateur Entertainers or Athletes competing without payment B 1 and B 2, Alien must show: 1. He is not abandoning his residence abroad 2. He has sufficient funds for the visit

10 E Visa Categories An E 1 Visa visitor is someone: Entitled to enter the United States under the provisions of a treaty between the United States and the foreign state of which he or she is a national. The visitor is coming to the U.S. solely to carry on trade of a substantial nature, including trade in services or trade in technology. The E2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. Investment must be "substantial." There is no minimum amount, but generally speaking, $150,000 invested in the US is considered substantial. An investor must "contribute" to the US economy. (Setting up a small shop alone is not enough.) The investor must hire US citizens or residents. Generally, two employees are sufficient.

11 F & M Visa Categories F 1 Visa Issued to individuals to attend colleges/universities/language institutes The F 1 visa is the most common type of student visa in the United States. The "F" visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs. F1 visa is given only through "academic" institutions. The student must show that he/she has: A full course of study (at least 18 hours) Proficiency in English Financial Ability M Visa Used for an approved course of study leading to a specific educational or vocational objective.

12 H Visas H1 B Visa Worker must have a Bachelor s Degree or years of work experience that is the equivalent of having the degree. Ex: lawyers, engineers, doctors, nurses, scientists. H 2B Unskilled Foreign Worker Individual can work temporarily in the U.S. to fill an offered position that does not require any specific studies or experience One time need based on low U.S. worker availability or seasonal needs. H 3 Visa (Trainee) An individual may come to the U.S. to receive a certain type of instruction and training that is not available in his or her country. The training must be necessary for the individual to use their skills in their native country.

13 L VISAS An L 1 visa is a visa document used to enter the United States for the purpose of work in L 1 status. It is a non immigrant visa, and is valid for a relatively short amount of time generally three years. L 1 visas are available to employees of an international company with offices in both a home country and the United States, or which intend to open a new office in the United States while maintaining their home country interests. The visa allows foreign workers to relocate to the corporation's US office after having worked abroad continuously for the company for at least one year prior to being granted L 1 status. The US office must be a parent company, child company, or sister company to the foreign company. L1A Allows an intracompany executive or manager to come to the U.S. to establish a new business. The employee who is transferring must be acting in a managerial or executive capacity with the company. L1B Allows a person with a specialized knowledge to come to the U.S. to work for a qualifying U.S. Company.

14 O, P, & Q VISAS O VISA The O 1 visa is a non immigrant employment based visa issued to the foreign nationals who have extraordinary ability in the sciences, arts, education, business or athletics. P VISAS P1 Athlete & Athletic Team & Entertainment Group Internationally recognized athlete performing at a specific athletic event. P2 Artist & Entertainment Reciprocal Exchange The artist or entertainer is under a reciprocal exchange program between the U.S. and foreign organization P3 Artist & Entertainer Integral to Performance The artist or entertainer s performance, teaching, or coaching is integral to the performance of a group performing under a commercial or noncommercial program that is culturally unique. Q VISA Individual entering the U.S. to obtain practical training, employment and the sharing of history, culture, philosophy and tradition of the alien s home country.

15 Derivative Visas & Permanent Resident Visas Derivative Visas Given to the immediate family members (spouses & minor children) of aliens who have been classified as nonimmigrant visa holders in other categories of visas. EX: The family (spouse and kids under 21) of an M Visa holder can apply for an M2 visa (derivative) to accompany the M Visa holder to the U.S Permanent Resident Visas Employers who wish to hire outstanding professors and researchers, Certain multinational executives and managers, skilled workers, professionals, advanced degree professionals, or aliens of exceptional Ability may petition the Attorney General for a permanent resident visa

16 U.S. Citizenship & Naturalization Brief History Naturalization is the legal process of acquiring citizenship different from that person's citizenship at birth. To be 'naturalized' means to become as if "natural born" i.e. a citizen. The 14 th Amendment states that "all persons born or naturalized in the United States and subject to the jurisdiction thereof shall be citizens of the United States and of the State in which they reside." The Naturalization Act of 1795 set the initial parameters on naturalization: free, White persons' who had been resident for five years or more An 1862 law allowed honorably discharged Army veterans of any war to petition for naturalization, without having filed a declaration of intent, after only one year of residence in the United States.

17 U.S. Citizenship No person shall be naturalized unless he/she is/has: 1. Been a LPR for at least 5 years 2. Been a LPR for at least 3 years & has been married to & living with the same U.S. citizen for the last 3 years, and the spouse has been a U.S. Citizen for the last 3 years 3. A member of the U.S. Armed Forces & is a LPR with at least 3 years of U.S. Armed Forces service being on active duty or filing within 6 months of honorable discharge 4. Served during a period of recognized hostilities & enlisted or reenlisted (no LPR requirement) 5. Resided continuously as a LPR resident in the U.S. for a least 5 years prior to filing (3 years if married to a U.S. citizen)

18 U.S. Citizenship Substantive Requirements for Naturalization 1. Physical presence in the U.S. for at least half the time of permanent residency; 2. Good moral character; 3. Basic knowledge of U.S. government & history as determined by passing civics test; 4. Ability to read, write & speak simple English; years of age 6. As a minor, being in the custody of at least 1 parent who becomes a citizen, which often confers automatic citizenship; 7. Legal competence to take the citizenship oath; and 8. Expressed allegiance to the U.S. government

19 Bars to Naturalization An Applicant will not be of good moral character if in the last 5 years he/she: 1. Has committed & been convicted of 1 or more crimes involving moral turpitude 2. Has been convicted for 2 or more offenses that have a sentence total of 5 years or more 3. Has been convicted of having a controlled substance 4. Has committed 2 or more gambling offenses 5. Is/Was involved in prostitution or commercialized evils 6. Has smuggled illegal aliens into the U.S. 7. Is/Was practicing polygamy 8. Has willfully failed or refused to support dependents 9. Has failed to register with the selective service 10. Is/Has been a member of the communist party 11. Has given false testimony, under oath, to receive benefits under the INA

20 Safety Regulations in Employment Workers Compensation The purpose of workers compensation is to require the employer to provide coverage for compensation and medical expenses for employees, regardless of fault, for work related injuries or illness, and the employer in turn cannot be sued under a negligence claim. OSHA covers all nonpublic employers who employ one or more persons full or part time permanent or temporary. All employees (executives & managers included) are protected by OSHA. The general duty clause under OSHA requires the employer to give each employee employment and a place of employment free from recognizable hazards that cause or are likely to cause death or serious physical harm to the employee.

21 Safety Regulations in Employment DOL OSHA is authorized to conduct on site inspections without advance notice, and to issue subpoenas for records or testimony to determine whether employers are in compliance with specific OSHA standards. An employer can refuse to allow an inspector to conduct on site inspections. If this happens, OSHA must get an administrative search warrant from a court. OSHA requires an employer to certify in writing that safety or health hazard violations listed in any citations that the employer receives have been corrected. Website:

22 Safety Regulations in Employment Employer defenses to OSHA citations 1. Physical impossibility of compliance; 2. No violation or no health or safety hazard; 3. greater hazard defense; 4. De minimis violation; 5. Vague or ambiguous standard; improperly communicated standard; or non mandatory standard; 6. Employee misconduct; 7. Citation Untimely Issued.

23 Safety Regulations in Employment Compensable Workers Compensation Injuries A compensable injury or illness must arise out of or in the course of employment. The compensable injury must occur within the time of the employment, within the physical boundaries of the workplace, and must be work related. Injuries that occur while traveling to and from work are not compensable. Injuries resulting from horseplay, intoxication, or violation of safety rules are not compensable.

24 Safety Regulations in Employment Temporary Disability A worker is still receiving medical care and has not reached maximum medical improvement. MMI he best the worker will ever be given his or her injury. Temporary Total Disability Benefits benefits received for the period of time the worker is incapable of doing any type of employment and the employee is still recovering from injuries. Temporary partial disability benefits benefits received when an Employee is recovering from an injury and can return to some type of work but not full duty, and thus gets an actual wage loss. Permanent Partial Disability benefits benefits paid based on any residual Medical impairment after MMI. Permanent Total Disability the compensation awarded to an employee who, because of injuries, can perform no service for which any reasonable job market exists.

Workers compensation rehabilitation services and immigration issues

Workers compensation rehabilitation services and immigration issues Presentation for: Minnesota Rehabilitation Association Spring Conference April 8, 2010 Rochester, Minn. Presented by: Francisco J. González Mediator/Arbitrator (English/Español) Minnesota Department of

More information

CHAPTER 7: IMMIGRATION LAW FOR EMPLOYEES & INVESTORS

CHAPTER 7: IMMIGRATION LAW FOR EMPLOYEES & INVESTORS CHAPTER 7: IMMIGRATION LAW FOR EMPLOYEES & INVESTORS 7.1: EMPLOYMENT-BASED IMMIGRATION The typical process under employment-based immigration is to either enter the United States to create a business,

More information

Commonly Used Immigration Terms and Definitions

Commonly Used Immigration Terms and Definitions Immigration 101 In an effort to facilitate the ongoing immigration debate, the Bipartisan Policy Center (BPC) compiled the following overview of phrases, terms and information that are commonly used when

More information

A U.S. IMMIGRATION LAW FIRM. Immigration Law Overview

A U.S. IMMIGRATION LAW FIRM. Immigration Law Overview A U.S. IMMIGRATION LAW FIRM Immigration Law Overview Deportation and Removal Proceedings Immigrants face removal from the United States if they are charged with a crime or are caught living or working

More information

Immigration Consequences of Corporate Changes: What Every Business Lawyer Should Know. Presented by Sarah E. Buffett, Esq.

Immigration Consequences of Corporate Changes: What Every Business Lawyer Should Know. Presented by Sarah E. Buffett, Esq. Immigration Consequences of Corporate Changes: What Every Business Lawyer Should Know Presented by Sarah E. Buffett, Esq. Speaker Intro/Bio SARAH E. BUFFETT Sarah Buffett is a partner in the Charlotte

More information

IMMIGRATION MANUAL PREPARED BY: Office of General Counsel The California State University

IMMIGRATION MANUAL PREPARED BY: Office of General Counsel The California State University IMMIGRATION MANUAL PREPARED BY: Office of General Counsel The California State University REVISED: FEBRUARY 2012 Immigration Manual Table of Contents I. INTRODUCTION... 1 II. EMPLOYMENT... 1 A. Recruitment...

More information

1 If the department, school, administrative, office or foreign national is authorized by International Services to retain the services of an

1 If the department, school, administrative, office or foreign national is authorized by International Services to retain the services of an Policy Statement Regarding Sponsorship for U.S. Lawful Permanent Resident Status & H-1B Specialty Occupation Approved by Administrative Council October 8, 2008 Permanent Residency In a memorandum sent

More information

Non-Immigrant Visa Classifications. Foreign Nationals Who May Be Lawfully Employed and/or Study in the U.S. with Certain Restrictions

Non-Immigrant Visa Classifications. Foreign Nationals Who May Be Lawfully Employed and/or Study in the U.S. with Certain Restrictions Non-Immigrant Visa Classifications Foreign Nationals Who May Be Lawfully Employed and/or Study in the U.S. with Certain Restrictions The ability to be employed and/or compensated for services in the U.S.

More information

FACT SHEET. Identification and Legal Presence Requirements for Non-United States Citizens PUB 195NC (5-16)

FACT SHEET. Identification and Legal Presence Requirements for Non-United States Citizens PUB 195NC (5-16) PUB 195NC (5-16) FACT SHEET Identification and Legal Presence Requirements for Non-United States Citizens As part of a nationwide effort to enhance the issuance of secure identification credentials, Pennsylvania

More information

DS-2019 is controlled by the U.S. Department of State.

DS-2019 is controlled by the U.S. Department of State. United States Department of Homeland Security document issued by colleges, universities, and vocational schools that provides supporting information for the issuance of a student visa or change of status

More information

So Your H-1B Petition Is Not Selected What Now?

So Your H-1B Petition Is Not Selected What Now? Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com So Your H-1B Petition Is Not Selected What Now? Law360,

More information

Global Immigration Practice Group

Global Immigration Practice Group Global Immigration Practice Group www.laborlawyers.com Fisher & Phillips LLP is the solution for your business immigration needs. For more than 25 years, Fisher & Phillips has advised employers in all

More information

Topics of Discussion. E Nonimmigrant Visas L Nonimmigrant Visas O Nonimmigrant Visas P Nonimmigrant Visas Employment-Based Immigrant Visas

Topics of Discussion. E Nonimmigrant Visas L Nonimmigrant Visas O Nonimmigrant Visas P Nonimmigrant Visas Employment-Based Immigrant Visas Topics of Discussion E Nonimmigrant Visas L Nonimmigrant Visas O Nonimmigrant Visas P Nonimmigrant Visas Employment-Based Immigrant Visas 2 Overview of E-1 1) Must be a national of treaty country 2) There

More information

Troy University Non-Immigrant Alien Employment Procedures

Troy University Non-Immigrant Alien Employment Procedures Troy University Non-Immigrant Alien Employment Procedures Purpose: The purpose of these procedures is to outline steps to implement the Troy Non-immigrant Alien Employment Policy. Definitions: Dependent

More information

The Law Office of Linda M. Hoffman, P.C. Visa and Immigration Options

The Law Office of Linda M. Hoffman, P.C. Visa and Immigration Options The Law Office of Linda M. Hoffman, P.C. 919 18 th Street, N.W., Suite 250 Washington, D.C. 20006 Tel: (202) 331-9450 Fax: (202) 466-8151 www.hoffmanvisalaw.com Immigrant Visa Green Card Visa and Immigration

More information

Permanent Resident Visas (Green Cards)

Permanent Resident Visas (Green Cards) How can a BUSINESSPERSON live and work in the United States? The following information is provided by Jaensch Immigration Law Firm. The easiest way to explain how a businessperson can live and work in

More information

NON-IMMIGRANT VISAS AND GREEN CARDS TO WORK AND LIVE IN THE UNITED STATES

NON-IMMIGRANT VISAS AND GREEN CARDS TO WORK AND LIVE IN THE UNITED STATES Visas & Green Cards in the US Columbus Consulting Group 1 NON-IMMIGRANT VISAS AND GREEN CARDS TO WORK AND LIVE IN THE UNITED STATES Please find below a non-exhaustive list of the most commonly used visas

More information

Overview. Chapter 1: 1.1 Purpose of Manual 2

Overview. Chapter 1: 1.1 Purpose of Manual 2 Chapter 1: Overview 1.1 Purpose of Manual 2 1.2 Role of Defense Counsel 2 A. Practice Standards and Cases Recognize Defense Counsel s Role B. More Noncitizen Clients May Face Adverse Immigration Consequences

More information

OFFICE OF BUSINESS LIAISON

OFFICE OF BUSINESS LIAISON OFFICE OF BUSINESS LIAISON U.S. DEPARTMENT OF HOMELAND SECURITY U.S. CITIZENSHIP AND IMMIGRATION SERVICES Employer Information Bulletin 19 Guide for Hiring Foreign Nurses December 23, 2003 EBISS: (800)

More information

Legal Immigration to the United States

Legal Immigration to the United States Legal Immigration to the United States Legal immigration is a highly regulated and tightly controlled system that serves the national interest. Through our legal immigration system, U.S. citizens and lawful

More information

IMMIGRATION OPTIONS FOR HEALTHCARE PROFESSIONALS

IMMIGRATION OPTIONS FOR HEALTHCARE PROFESSIONALS IMMIGRATION OPTIONS FOR HEALTHCARE PROFESSIONALS PRESENTATION FOR THE MGH POST- DOCS ASSOCIATION January 13, 2014 Presented by: Iandoli & Desai, PC Richard Iandoli Prasant Desai Eoin Reilly Madeline Cronin

More information

IMMIGRATION, NATIONALITY & CONSULAR

IMMIGRATION, NATIONALITY & CONSULAR IMMIGRATION, NATIONALITY & CONSULAR PRACTICE CHAIR Michael L. Kabik Shulman Rogers' Immigration, Nationality & Consular Practice Group Practice Group provides clients with employment and family-based,

More information

FINANCIAL AND ADMINISTRATIVE POLICY PERSONAL SERVICES PAYMENTS (F31) ATTACHMENT 8

FINANCIAL AND ADMINISTRATIVE POLICY PERSONAL SERVICES PAYMENTS (F31) ATTACHMENT 8 FINANCIAL AND ADMINISTRATIVE POLICY PERSONAL SERVICES PAYMENTS (F31) ATTACHMENT 8 FOREIGN NATIONALS IN NONIMMIGRANT VISA CLASSIFICATIONS WHO MAY BE LAWFULLY EMPLOYED &/OR STUDY IN THE U.S. WITH CERTAIN

More information

International Working Regulations U.S. Overview NAITA November 6, 2014

International Working Regulations U.S. Overview NAITA November 6, 2014 International Working Regulations U.S. Overview NAITA November 6, 2014 Nonimmigrants vs. Immigrants Foreign nationals coming to the U.S. temporarily Some are permitted to have dual intent - May enter as

More information

VISA OVERVIEW Fact Sheet

VISA OVERVIEW Fact Sheet VISA OVERVIEW Fact Sheet General: There are two basic kinds of visas: temporary (or nonimmigrant) and permanent (or immigrant) visas. Temporary: There are many different kinds of temporary visa categories,

More information

Immigration Law Seminar

Immigration Law Seminar Immigration Law Seminar NONIMMIGRANT WORK VISAS H1-B, L-1, and E-2 IMMIGRANT VISAS EB-1 to EB-5 Speaker: Organizers: SHAHIN MOTALLEBI, ESQ. LAW OFFICES OF SHAHIN MOTALLEBI A R E A S O F P R A C T I C E

More information

What Every Journalist Should Know About IMMIGRATION LAW

What Every Journalist Should Know About IMMIGRATION LAW What Every Journalist Should Know About IMMIGRATION LAW Nancy B. Elkind, Esq. Stern Elkind & Curray LLP 650 S. Cherry Street, Suite 900 Denver, Colorado 80246 www.secimmigration.com Phone: (303) 692-0111

More information

California State University, Los Angeles

California State University, Los Angeles California State University, Los Angeles Employment Sponsorship Handbook International Office Page 1 Table of Contents INTRODUCTION... 3 H-1B SPECIALITY OCCUPATION... 4 Government Regulations... 4 Who

More information

Nonimmigrant Services

Nonimmigrant Services Nonimmigrant Services What information are you seeking? (Choose one below) Services for students and those interested in studying in the U.S. Extending your stay in your current nonimmigrant status or

More information

U.S. Immigration Options for Hiring and Transferring Foreign Personnel

U.S. Immigration Options for Hiring and Transferring Foreign Personnel U.S. Immigration Options for Hiring and Transferring Foreign Personnel by H. Ronald Klasko * One of the critical concerns of foreign-owned companies establishing U.S. operations and of U.S. businesses

More information

Immigration Seminar Transitioning To Temporary Work Visas (Nonimmigrant Visa Options)

Immigration Seminar Transitioning To Temporary Work Visas (Nonimmigrant Visa Options) Immigration Seminar Transitioning To Temporary Work Visas (Nonimmigrant Visa Options) 16030 Ventura Boulevard, Suite 300, Encino, CA 91436 T 818.435.3500 F 818.435.3535 Info@SostrinImmigration.com www.sostrinimmigration.com

More information

Online Immigrant Visa and Alien Registration Application (DS-260)

Online Immigrant Visa and Alien Registration Application (DS-260) Online Immigrant Visa and Alien Registration Application (DS-260) Personal, Address, and Phone Information Name Provided: Full Name in Native Language: Other Names Used: Sex: Current Marital Status: State/Province

More information

Immigration Essentials for Hiring and Retaining Foreign Faculty and Staff

Immigration Essentials for Hiring and Retaining Foreign Faculty and Staff Immigration Essentials for Hiring and Retaining Foreign Faculty and Staff By David A. M. Ware, attorney at law Immigration Counsel for MSU dware@david-ware.com. 800 537 0179 Who We Are and What We Do ISU

More information

CITIZENSHIP PETITION: CANDIDATE INFORMATION SHEET

CITIZENSHIP PETITION: CANDIDATE INFORMATION SHEET CITIZENSHIP PETITION: CANDIDATE INFORMATION SHEET Please provide the following information to assist us in completing the necessary petition and application forms for the U.S. Citizenship and Immigration

More information

NASA DESK GUIDE ON THE EMPLOYMENT OF NONCITIZENS

NASA DESK GUIDE ON THE EMPLOYMENT OF NONCITIZENS NASA DESK GUIDE ON THE EMPLOYMENT OF NONCITIZENS Agency Workforce Management and Development Division Office of Human Capital Management NASA Headquarters DG-08 August 2006 Table of Contents Page Section

More information

NCLR. Basic Facts F. Immigration GLOSSARY. www.nclr.org NATIONAL COUNCIL OF LA RAZA 2004 FACT SHEET

NCLR. Basic Facts F. Immigration GLOSSARY. www.nclr.org NATIONAL COUNCIL OF LA RAZA 2004 FACT SHEET NCLR NATIONAL COUNCIL OF LA RAZA Basic Facts F on 2004 FACT SHEET GLOSSARY Asylee: A person who has already entered the U.S. and who fears persecution if sent back to his or her home country can apply

More information

PERMISSIBLE ACIVITIES FOR B-1 BUSINESS VISITOR

PERMISSIBLE ACIVITIES FOR B-1 BUSINESS VISITOR Employer Information Bulletin 99-03 Business Visitor Activities (6/00) UNITED STATES DEPARMENT OF JUSTICE IMMIGRATION AND NATURALIZATION SERVICE Office of Business Liaison Public inquires: Employer hotline

More information

Services Available for Asylee and Refugee

Services Available for Asylee and Refugee Services Available for Asylee and Refugee WHAT INFORMATION ARE YOU SEEKING? (PLEASE CHOOSE ONE BELOW) Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Filing for Asylum Asylum

More information

Basics of the United States Immigration System

Basics of the United States Immigration System November 4, 2010 Basics of the United States Immigration System U.S. immigration law is very complex, and there is much confusion as to how it works. The Immigration and Naturalization Act (INA), the body

More information

Immigration Overview. Immigration Terminology - Nonimmigrants. Immigration Terminology - Immigrants. Nonimmigrants = enter for temporary purpose

Immigration Overview. Immigration Terminology - Nonimmigrants. Immigration Terminology - Immigrants. Nonimmigrants = enter for temporary purpose Immigration Overview Kim Clarke kaclarke@varnumlaw.com Nina Thekdi nathekdi@varnumlaw.com Immigration Terminology - Nonimmigrants Nonimmigrants = enter for temporary purpose Must fit specific visa category

More information

STAFFING COMPANIES AND US IMMIGRATION: I-9S FOR OFFSITE WORKERS, H-1B SPONSORSHIP, AND OTHER CHALLENGES

STAFFING COMPANIES AND US IMMIGRATION: I-9S FOR OFFSITE WORKERS, H-1B SPONSORSHIP, AND OTHER CHALLENGES STAFFING COMPANIES AND US IMMIGRATION: I-9S FOR OFFSITE WORKERS, H-1B SPONSORSHIP, AND OTHER CHALLENGES Karen M. Kett Michael P. Nowlan (313) 965-3457 (313) 965-8666 kkett@ mnowlan@clarkill.com CONTACT

More information

I-9s. What is an I-9 and why do I have to show originals as supporting documentation? Can I complete Section 1 of Form I-9 for an employee?

I-9s. What is an I-9 and why do I have to show originals as supporting documentation? Can I complete Section 1 of Form I-9 for an employee? I-9s The Employment Eligibility Verification Form (Form I-9) enables employers to verify individuals who are authorized to work in the United States. The Immigration Reform and Control Act of 1986 (IRCA)

More information

Legal Authority: 42 CFR 435.139; 42 CFR 435.406; 42 CFR 440.225; 42 CFR 457.320; SSA SI 00502

Legal Authority: 42 CFR 435.139; 42 CFR 435.406; 42 CFR 440.225; 42 CFR 457.320; SSA SI 00502 ABD QUALIFIED NON-CITIZENS Legal Authority: 42 CFR 435.139; 42 CFR 435.406; 42 CFR 440.225; 42 CFR 457.320; SSA SI 00502 1. Policy Statement Non-citizen eligibility for TennCare Medicaid is limited to

More information

How can we hire foreign-born nurses?

How can we hire foreign-born nurses? How can we hire foreign-born nurses? With the severe shortage throughout the US of qualified registered nurses, many Human Resource professionals and nursing recruiters are turning to the pool of available

More information

*DISCLAIMER* This guide is not intended to provide, nor does it provide, any legal advice. By viewing this guide you understand and expressly agree

*DISCLAIMER* This guide is not intended to provide, nor does it provide, any legal advice. By viewing this guide you understand and expressly agree *DISCLAIMER* This guide is not intended to provide, nor does it provide, any legal advice. By viewing this guide you understand and expressly agree that there is no attorney-client relationship between

More information

LOS ANGELES COUNTY BAR ASSOCIATION, IMMIGRATION SECTION AMERICAN IMMIGRATION LAWYERS ASSOCIATION, SOUTHERN CALIFORNIA CHAPTER

LOS ANGELES COUNTY BAR ASSOCIATION, IMMIGRATION SECTION AMERICAN IMMIGRATION LAWYERS ASSOCIATION, SOUTHERN CALIFORNIA CHAPTER LOS ANGELES COUNTY BAR ASSOCIATION, IMMIGRATION SECTION AMERICAN IMMIGRATION LAWYERS ASSOCIATION, SOUTHERN CALIFORNIA CHAPTER AGENDA FOR CBP LIAISON MEETING October 18, 2010 The following are CBP agenda

More information

APPLYING FOR AN H-1B, L-1, OR O-1 VISA AT A U.S. CONSULATE FAQ

APPLYING FOR AN H-1B, L-1, OR O-1 VISA AT A U.S. CONSULATE FAQ 1. Who needs a visa to enter the United States to work? All nonimmigrants except Canadian citizens who are visa exempt, need a visa stamp in their passport to enter the U.S. to work. Dependents (i.e.,

More information

BASIC INFORMATION REGARDING IMMIGRATION

BASIC INFORMATION REGARDING IMMIGRATION BASIC INFORMATION REGARDING IMMIGRATION Fall 2012 Lisa Owen Office of International Programs International Legal Affairs Specialist 745-6398 1 General Overview Status vs. Visa Status is an official authorization

More information

Questions and Answers Aug. 31, 2009

Questions and Answers Aug. 31, 2009 Office of Communications Questions and Answers Aug. 31, 2009 USCIS Provides Interim Deferred Action Relief For Surviving Spouses Relief for Spouses of Deceased U.S. Citizens Married Less Than Two Years

More information

Section 1.24 Non-Permanent Resident Alien Requirements

Section 1.24 Non-Permanent Resident Alien Requirements Section 1.24 Non-Permanent Resident Alien Requirements In This Section This section contains the following topics. Overview... 2 General... 2 Related Bulletins... 2 Visa Classifications... 3 General...

More information

Cornyn/Kyl (S. 1438) Kennedy/McCain (S. 1033) Guest Worker Program for Persons Present in U.S. Without Authorization

Cornyn/Kyl (S. 1438) Kennedy/McCain (S. 1033) Guest Worker Program for Persons Present in U.S. Without Authorization American Immigration Lawyers Association A Comparison Between the McCain/Kennedy and Cornyn/Kyl Immigration Reform Proposals Guest Worker Program for Persons Present in U.S. Without Authorization Kennedy/McCain

More information

Stay connected with the U.S. Consulate General Toronto:

Stay connected with the U.S. Consulate General Toronto: Stay connected with the U.S. Consulate General Toronto: https://www.facebook.com/usconsulatetoronto https://twitter.com/usconstoronto https://instagram.com/usconstoronto Demystifying the U.S. Visa Process

More information

New USCIS Immigration Benefit Application Fees

New USCIS Immigration Benefit Application Fees New USCIS Immigration Benefit Application s I-90 Application to Replace Permanent Resident Card $185 $190 To renew an expiring or expired green card or replace a lost or damaged card. I-102 Application

More information

HOW TO APPLY FOR VOLUNTARY DEPARTURE

HOW TO APPLY FOR VOLUNTARY DEPARTURE HOW TO APPLY FOR VOLUNTARY DEPARTURE WARNING: This booklet provides general information about immigration law and does not cover individual cases. Immigration law changes often, and you should try to consult

More information

Self-Help Guide for a Prosecutorial Discretion Request

Self-Help Guide for a Prosecutorial Discretion Request Self-Help Guide for a Prosecutorial Discretion Request In June 2011, Immigration and Customs Enforcement ( ICE ) announced it would not use its resources to deport people it considers low priority and

More information

U.S. VISA OPTIONS FOR THE ENTERTAINMENT INDUSTRY

U.S. VISA OPTIONS FOR THE ENTERTAINMENT INDUSTRY 45 St. Clair Ave. W., Suite 1000 Toronto, Ontario Canada M4V 1K9 T: 416-598-8849 F: 416-598-0331 U.S. VISA OPTIONS FOR THE ENTERTAINMENT INDUSTRY I. OVERVIEW Since many production companies are interested

More information

IMMIGRATION OPTIONS FOR ENTREPRENEURS

IMMIGRATION OPTIONS FOR ENTREPRENEURS BOSTON HARTFORD STAMFORD NEW YORK NEWARK EAST BRUNSWICK PHILADELPHIA WILMINGTON WASHINGTON, DC IMMIGRATION OPTIONS FOR ENTREPRENEURS Amy Haberman Partner McCarter & English, LLP McCarter & English, LLP

More information

Nonimmigrant-Based Employment Hiring a Foreign National for Short-Term Employment

Nonimmigrant-Based Employment Hiring a Foreign National for Short-Term Employment Nonimmigrant-Based Employment Hiring a Foreign National for Short-Term Employment OVERVIEW Employers sometimes need to hire foreign labor when there is a shortage of available U.S. workers. To help satisfy

More information

Immigration Law Update: Spring 2008

Immigration Law Update: Spring 2008 Immigration Law Update: Spring 2008 February 01, 2008 NEW MINNESOTA EXECUTIVE ORDER REQUIRES STATE CONTRACTORS TO USE E-VERIFY On January 7, 2008, Governor Tim Pawlenty of Minnesota signed Executive Order

More information

UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM 41.55 NOTES

UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM 41.55 NOTES 9 FAM 41.55 NOTES (CT:VISA-2189; 10-06-2014) (Office of Origin: CA/VO/L/R) 9 FAM 41.55 N1 INTRODUCTION (CT:VISA-1154; 02-17-2009) The O classification was created by the Immigration Act of 1990, Public

More information

I-9 9 Compliance and Issues on Hiring Foreign National Workers

I-9 9 Compliance and Issues on Hiring Foreign National Workers I-9 9 Compliance and Issues on Hiring Foreign National Workers Minnesota State Colleges and Universities Human Resources Conference October 12-13, 13, 2004 Office of General Counsel www.ogc.mnscu.edu You

More information

Sports Immigration in the United States

Sports Immigration in the United States Sports Immigration in the United States This article has been created for www.sportvisaamerica.com, a website produced by P. Christopher Jaensch and Jaensch Immigration Law Firm. I am an immigration lawyer

More information

L1is a Visa for multinational managers and internal transfer staff with special skills.

L1is a Visa for multinational managers and internal transfer staff with special skills. L1A visa Transnational Manager Visa L1A L1is a Visa for multinational managers and internal transfer staff with special skills. Basically, there are three requirements for L1: 1. Currently be, or will

More information

Demystifying the U.S. Visa Process. U.S. Department of State U.S. Consulate General Toronto

Demystifying the U.S. Visa Process. U.S. Department of State U.S. Consulate General Toronto Demystifying the U.S. Visa Process U.S. Department of State U.S. Consulate General Toronto What s a visa? A Visa is: a permit to apply for entry to the U.S. A Visa does NOT: guarantee entry into the United

More information

US Entry Door. Citizen Parent or Grandparents. Application Process Bog. Inadmissibility Gate. Eligibility Bridge

US Entry Door. Citizen Parent or Grandparents. Application Process Bog. Inadmissibility Gate. Eligibility Bridge Welcome Topics for today Identify federal laws applicable to hiring immigrant workers in healthcare Explain standards to follow when hiring a foreign worker with a proper visa Discuss the consequences

More information

Completion of the Form I-9. Employment Eligibility Verification US Citizenship and Immigration Services (USCIS) www.uscis.gov/i-9

Completion of the Form I-9. Employment Eligibility Verification US Citizenship and Immigration Services (USCIS) www.uscis.gov/i-9 Completion of the Form I-9 Employment Eligibility Verification US Citizenship and Immigration Services (USCIS) www.uscis.gov/i-9 Version 2/2008 Agenda New I9 Form dated 06/05/07 Sample Completed Forms

More information

Immigration Attorney Fees

Immigration Attorney Fees Immigration Attorney Fees The following are immigration attorney flat-fee rates for the Sheri Hoidra Law Office, LLC. The fee quoted is based on the typical case. A final fee cannot be quoted, however,

More information

Assisting Immigrant Victims of Domestic Violence

Assisting Immigrant Victims of Domestic Violence Assisting Immigrant Victims of Domestic Violence ADVOCATE S GUIDE This project was supported by Grant No. 1997-WT-VX-K006 awarded by the Office on Violence Against Women, U.S. Department of Justice. Points

More information

GENERAL IMMIGRATION QUESTIONNAIRE

GENERAL IMMIGRATION QUESTIONNAIRE GENERAL IMMIGRATION QUESTIONNAIRE I. INFORMATION REGARDING APPLICANT Name: Other names: (Maiden, Religious, Professional, Aliases) Sex: Male Female Date of birth: Place of birth: (City), (State/Provence/Region),

More information

EXAMPLE CIS CITIZENSHIP INTERVIEW/TEST

EXAMPLE CIS CITIZENSHIP INTERVIEW/TEST EXAMPLE CIS CITIZENSHIP INTERVIEW/TEST This exercise shows how a typical CIS interview/test might be conducted. The purpose of this sample is to give citizenship applicants an idea of the general steps

More information

A Guide to Naturalization

A Guide to Naturalization A Guide to Naturalization M-476 (rev. 03/12) Table of Contents Welcome What Are the Benefits and Responsibilities of Citizenship? Frequently Asked Questions Who Is Eligible for Naturalization? Table of

More information

2015-2016 Exchange Visitor (J Visa) Regulations Handbook

2015-2016 Exchange Visitor (J Visa) Regulations Handbook 2015-2016 Exchange Visitor (J Visa) Regulations Handbook DASHEW CENTER FOR INTERNATIONAL STUDENTS & SCHOLARS www.internationalcenter.ucla.edu intl@saonet.ucla.edu Phone: (310) 825-1681 Fax: (310) 206-1612

More information

Mary Kramer, Law Offices of Mary Kramer, Miami, FL

Mary Kramer, Law Offices of Mary Kramer, Miami, FL How a Criminal Conviction Will Impact Your Client s Future Immigration Status Mary Kramer, Law Offices of Mary Kramer, Miami, FL Mary Kramer, Attorney at Law Miami, Florida **author, The Immigration Consequences

More information

Considerations When Representing Foreign Nationals in Criminal Proceedings

Considerations When Representing Foreign Nationals in Criminal Proceedings Considerations When Representing Foreign Nationals in Criminal Proceedings by Jeffrey Y. Bennett (www.jybennettlaw.com) Padilla v. Kentucky, 130 S. Ct. 1473 (2010), is a case in which the US Supreme Court

More information

Adam Green Law Offices of Adam Green

Adam Green Law Offices of Adam Green Adam Green Law Offices of Adam Green 6300 Wilshire Blvd. Suite 1020 Los Angeles, CA 90048 800-705-5544 adamgreen@earthlink.net http://www.employment-familysponsoredimmigtration.com 1 H-1B temporary work

More information

Overview of INS History. USCIS History Office and Library

Overview of INS History. USCIS History Office and Library USCIS History Office and Library Table of Contents 1. Early American Immigration Policies... 3 2. Origins of the Federal Immigration Service... 4 Federal Immigration Stations... 4 Implementing A National

More information

Expat Assignments and Globally Mobile Workers: Best Practices for U.S. Based Employers

Expat Assignments and Globally Mobile Workers: Best Practices for U.S. Based Employers Expat Assignments and Globally Mobile Workers: Best Practices for U.S. Based Employers Session #506 ACC 2014 Annual Meeting New Orleans, Louisiana Presented By: Erin Heller, Assistant General Counsel Western

More information

Obtaining and Terminating U.S. Citizenship and Preserving and Terminating U.S. Green Cards. Steve Trow November 2012

Obtaining and Terminating U.S. Citizenship and Preserving and Terminating U.S. Green Cards. Steve Trow November 2012 Obtaining and Terminating U.S. Citizenship and Preserving and Terminating U.S. Green Cards Steve Trow November 2012 SURPRISE! Your Client May Be A U.S. Citizen And Not Know It Citizenship By Birth In U.S.

More information

U.S. Immigration Options for Recent College Graduates

U.S. Immigration Options for Recent College Graduates U.S. Immigration Options for Recent College Graduates Scott Decker, Attorney Greenberg Traurig deckers@gtlaw.com G R E E N B E R G T R A U R I G, L L P A T T O R N E Y S A T L A W W W W. G T L A W. C O

More information

Refugee, Asylum and International Operations Directorate. Humanitarian Parole Program

Refugee, Asylum and International Operations Directorate. Humanitarian Parole Program Refugee, Asylum and International Operations Directorate Humanitarian Parole Program The Humanitarian Parole Program is administered by the Humanitarian Affairs Branch Office of International Operations

More information

7/30/2015. Form I-9 1

7/30/2015. Form I-9 1 2015 EMPLOYMENT IMMIGRATION LAW & I-9 PRIMER: TURNING THE DECEPTIVELY DIFFICULT INTO SIMPLY UNDERSTANDABLE Form I-9 1 Disclaimer Immigration law can be complex and it is not possible to describe every

More information

STATUS OF THE CITIZENS OF THE FREELY ASSOCIATED STATES OF THE FEDERATED STATES OF MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS

STATUS OF THE CITIZENS OF THE FREELY ASSOCIATED STATES OF THE FEDERATED STATES OF MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS Office of Communications Fact Sheet Revised: February 13, 2008 STATUS OF THE CITIZENS OF THE FREELY ASSOCIATED STATES OF THE FEDERATED STATES OF MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS Background:

More information

Instructions for Petition for Nonimmigrant Worker

Instructions for Petition for Nonimmigrant Worker Instructions for Petition for Nonimmigrant Worker Department of Homeland Security U.S. Citizenship and Immigration Services USCIS Form I-129 OMB No. 1615-0009 Expires 10/31/2016 Table of Contents Page

More information

How To Complete Form I-9 for International Employees and Permanent Residents

How To Complete Form I-9 for International Employees and Permanent Residents LSU International Services Office How To Complete Form I-9 for International Employees and Permanent Residents A guide for Human Resource Representatives to ensure compliance with immigration regulations

More information

United States Immigration & Citizenship Policies

United States Immigration & Citizenship Policies 2014 United States Immigration & Citizenship Policies ON. MARCO FEDI Last Updated October 2014 [ Picture Courtesy of Capitol Visa USA http://www.capitolvisa.com/passports/renew.php] Table of Contents 1-

More information

A Guide to Naturalization

A Guide to Naturalization A Guide to Naturalization M-476 (rev. 12/11) Table of Contents Welcome What Are the Benefits and Responsibilities of Citizenship? Frequently Asked Questions Who Is Eligible for Naturalization? Table of

More information

Immigration and Taxation

Immigration and Taxation Immigration and Taxation Immigration, Employment and Tax Laws Why do immigrants without status pay taxes? Obligated by law Opportunity to contribute Document compliance and residency Immigration, Employment

More information

Florida Residency for Tuition Purposes

Florida Residency for Tuition Purposes Florida Residency for Tuition Purposes Florida Residency for Tuition Purposes refers to whether you are an in-state Florida resident or an out-of-state resident, and this classification determines your

More information

Welcome to Ontario Intra-Company Transfer Guide A Guide for Employers and Employees

Welcome to Ontario Intra-Company Transfer Guide A Guide for Employers and Employees Welcome to Ontario Intra-Company Transfer Guide A Guide for Employers and Employees Ministry of Economic Development and Trade Corporate Immigration Services Intra-Company Transfer Guide BACKGROUND Only

More information

Description Employment Study

Description Employment Study Visa Class A-1 A-2 Description Employment Study Foreign Diplomatic Personnel: Individuals in the U.S. as employees of a foreign government, e.g. ambassador, minister, diplomat, or consular officer. Dependent

More information

Work Authorization for Foreign National Employees

Work Authorization for Foreign National Employees Work Authorization for Foreign National Employees Office of General Counsel Michele Ballantyne, Associate General Counsel Michele.ballantyne@legal.utah.edu Katie Carreau, Associate General Counsel Katie.carreau@legal.utah.edu

More information

GENERAL INFORMATION ABOUT ADOPTION PROCEDURES

GENERAL INFORMATION ABOUT ADOPTION PROCEDURES Adoption in Florida WHAT IS ADOPTION? Adoption is the legal procedure by which a child becomes, through court action, part of a family other than that of his or her birth parents. Adoption is a serious

More information

Detention and Bond Redetermination

Detention and Bond Redetermination The University of Texas School of Law Presented: Immigration Fundamentals: Removal, Relief and Adjustment April 14-15, 2005 Crowne Plaza Houston-Downtown Houston, Texas April 28-29, 2005 Cityplace Conference

More information

Filling Out the N-400

Filling Out the N-400 Chapter Four Filling Out the N-400 But such is the irresistible nature of the truth, that all it asks, and all it wants, is the liberty of appearing. Thomas Paine In this Chapter: Overview Form N-400 with

More information

State v. XXXXXX XXXXX County Case No. XX-CF-XXXX

State v. XXXXXX XXXXX County Case No. XX-CF-XXXX Via Standard & Electronic Mail Defense Attorney Re: State v. XXXXXX XXXXX County Case No. XX-CF-XXXX Dear Defense Attorney: I have been retained by Defendant to analyze the immigration consequences of

More information

CANADA-U.S. Business Travel Guide

CANADA-U.S. Business Travel Guide CANADA-U.S. Business Travel Guide Released February 2013 INTRODUCTION Word from Jayson Myers, President & CEO, Canadian Manufacturers & Exporters The advent of global supply chains has led to significant

More information

State Council of Higher Education for Virginia ADDENDUM A

State Council of Higher Education for Virginia ADDENDUM A State Council of Higher Education for Virginia ADDENDUM A Descriptions and Domicile Eligibility Status for Various Categories of Aliens Referenced in the Guidelines for Determining Domicile and Eligible

More information

MODIFICATION, TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY BENEFITS

MODIFICATION, TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY BENEFITS RULE IX MODIFICATION, TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY BENEFITS A. TERMINATION OF TEMPORARY DISABILITY BENEFITS BY AN ADMISSION OF LIABILITY IN CLAIMS ARISING PRIOR TO JULY 2, 1987, AT

More information

U.S. ENTRY FOR MANAGEMENT CONSULTANTS

U.S. ENTRY FOR MANAGEMENT CONSULTANTS U.S. ENTRY FOR MANAGEMENT CONSULTANTS The purpose of this document is to help members better understand their rights and to help them better prepare themselves to enter the U.S. on consulting assignments.

More information

CHOOSING THE BEST VISA FOR YOUR CLIENT - WHAT WILL WE COVER TODAY?

CHOOSING THE BEST VISA FOR YOUR CLIENT - WHAT WILL WE COVER TODAY? CHOOSING THE BEST VISA FOR YOUR CLIENT - WHAT WILL WE COVER TODAY? WHY WORKING WITH OUR PROFESSIONAL TEAM IS CRITICAL TO PAIN-FREE VISA APPROVAL Requirements for each Visa type Comparing the Visas Importance

More information