Immigration law affects employers
in numerous ways. Under the employer sanction provisions of the
Immigration Reform and Control Act of 1986 (IRCA), employers may
incur both civil and criminal liabilities for certain violations.
This article provides an overview of the various responsibilities
and penalties that employers should be aware of when hiring personnel.
Read full
article
Article discusses different visas
that are available to U.S. employers seeking to hire foreign nationals.
Read full
article
H-1B visas allow U.S. businesses
to temporarily hire qualified foreign employees in specialty occupations.
Beginning October 1, 2003, significant changes to the H-1B Visa
Program will take effect. Read
full article
Treaty Trader and Treaty Investor visas
are available to foreign nationals of countries with which the
U.S. has a treaty of "friendship, commerce and navigation,"
or similar agreement. Two classes of visas are available to nationals
of these countries. The E-1/Treaty Trader visa applies to persons
who engage in trade between the U.S. and their home country. The
E-2/Treaty Investor visa is available to persons coming to the
U.S. to develop and direct businesses in which they are investing
substantial amounts of capital. A person may qualify as either
a principal trader or investor or as an employee of a trader or
investor company. Read
full article
It is unlawful to hire a foreign national
knowing that he/she is unauthorized to work in the U.S. A social
security number (SSN) card is a document evidencing an individual's
authorization to work, unless the card specifies that employment
is not authorized. The Social Security Administration (SSA) will
generally not assign an SSN to individuals who are not authorized
to work in the U.S. A foreign national who presents an I-94 that
reflects a status authorizing employment is presumed to have permission
to work. Read full article
H-1B professionals benefit U.S. employers
by offering special expertise and insight in overseas markets,
allowing U.S. companies to compete globally. H-1B professionals
also provide essential technical skills or knowledge in particular
fields not readily available in the U.S., in addition to filling
positions when there are temporary occupational shortages in the
U.S. Read full article
I f the V nonimmigrant has accrued
more than 180 days of unlawful presence and travels abroad, the
three and ten year bar are triggered upon departure from the U.S.
As a result, the V nonimmigrant will not be eligible to adjust
their status for three or ten years (depending on the period of
unlawful presence), unless a waiver is approved. Read
full article
The “21st Century Department of Justice
Appropriations Authorization Act” (H.R. 2215, Pub. L. No.
107-273) was signed into law on November 2, 2002. This new law
contains several important provisions, which have a favorable
impact on immigration law. Among such changes are the provision
that allows the extension of H1-B status beyond the six-year limitation
for H-1B holders with long-pending labor certification applications,
the extension and expansion of the “Conrad State 20”
program and the provision which allows for conditional permanent
residence for EB-5 entrepreneurs. Read
full article
On
February 22, 2002, the INS issued instructions regarding the implementation
of two laws which allow spouses of E and L visa holders to obtain
employment authorization. Prior to the enactment of these provisions,
spouses accompanying or following to join E and L nonimmigrants
were not permitted to work in the U.S. Read
full article
Beginning September 30, 2004, visitors to the U.S. traveling under
the Visa Waiver Program (VWP) will be required to enroll in the
US-VISIT program, which helps to secure U.S. borders while maintaining
the privacy of visitors to the U.S. The US-VISIT program currently
applies to all non-immigrant visa holders, regardless of their
country of origin. Read more
The Department of State issued a
final rule creating two new visa classifications (F-3 and M-3)
for citizens and residents of Canada and Mexico seeking to commute
to the United States for the purpose of studying at a Department
of Homeland Security (DHS) approved school, either part-time or
full-time. Read full
article
The hiring needs of U.S. businesses
may be fulfilled by recruiting foreign students. Employers should
be aware of the various types of employment for which foreign
students may qualify. Read
full article
Of all the immigration options available
to foreign nurses, an immigrant visa is the best choice because
it allows the nurse to live and work in the United States for
an indefinite period of time. Generally, three main steps are
involved in obtaining an immigrant visa. First, the employer must
file a Labor Certification application with the U.S. Department
of Labor. Second, the employer must petition for the foreign employee
and lastly, the application for the immigrant visa is filed at
a U.S. Consulate abroad or, if the alien is legally in the United
States, s/he may file for permanent resident status. Read
full article
An H-3 visa allows a temporary trainee
to come to the United States to participate in a training program
at the invitation of an American organization or individual. The
purpose of U.S. training is to further the nonimmigrant's career
in their home country. It may not be designed primarily to provide
productive employment. Read
full article
Canadian and Mexican nurses may be able
to work temporarily in the United States in TN status, under the
North American Free Trade Agreement (NAFTA). TN visas allow Canadian
and Mexican citizens to engage in activities at a professional level,
which are defined as activities that require "at least a baccalaureate
degree or appropriate credentials demonstrating status as a professional"
in a listed profession. Nursing is specifically included in the
list of professions recognized under NAFTA. Specific requirements
for each profession are listed as well. To qualify for a TN visa,
a Canadian or Mexican nurse must possess an RN and a state or provincial
license. Read full article
As stated in our previous article, one category
of nonimmigrant visas available to registered nurses (RNs) is the
H-1C visa. In addition, professional nurses may also be eligible
for H-1B status. To qualify, the position being offered must be
considered a specialty occupation, for which a bachelor's degree
or its equivalent is necessary. Nursing is not per se a specialty
occupation because a baccalaureate degree is not generally required
to become a professional nurse. Therefore, it is difficult for nurses
to satisfy this requirement and obtain H-1B status. Read
full article
The H-1C visa category was established by
the Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA).
The H-1C visa was designed to alleviate nursing shortages in health
professional shortage areas (HPSAs) in the United States by allowing
registered nurses to come temporarily to the United States to perform
services at hospitals in such areas. Read
full article
On November 27, 2002, the Executive Associate
Commissioner in the Office of Field Operations issued a Memorandum
providing guidance to field offices in the adjudication of H-1B
petitions filed on behalf of registered nurses. Generally, regular
registered nurses (RNs) are not eligible for H-1B status. However,
aliens working in certain specialized RN occupations are more likely
to be eligible for H-1B status. Read
full article
On July 25, 2003, the Department of Homeland
Security published a final rule announcing that foreign health care
workers seeking temporary admission to the U.S. will need to comply
with the certification requirements. The new law becomes effective
September 23, 2003, however, the provision that removes the waiver
of the certification requirement for nonimmigrants is effective
July 26, 2004. Read
full article
The Department of State issued an interim
rule changing the way foreign nationals petition for the Diversity
Visa Program from a standard mail-in system to an electronic system
utilizing a designated internet website. This rule requires foreign
nationals to submit their petitions exclusively via the internet.
The purpose of this new rule is to make the petitioning process
less prone to fraud, to improve efficiency and to reduce the cost
of the diversity visa program. Read
full article
Last month, the U.S. Citizenship and Immigration
Service (USCIS) issued a reminder to individuals with an application
for adjustment of status to that of lawful permanent resident, an
application for relief under the NACARA 203, or an asylum application,
that they must obtain advance parole, by filing Form I-131, before
traveling abroad. Advance parole gives the individual permission
to re-enter the U.S. after traveling abroad in order to continue
processing for adjustment of status. Read
full article
|
Home
