PERM Labor Certification Explained

Published in PERM Labor Certification, March 13, 2011

Some people who want to immigrate to the Unites States through their job are required by law to obtain a labor certification from the US Department of Labor. This applies to immigrants who want to live permanently in the US.

What is the labor certification?

The labor certification PERM process requires companies to first recruit US citizens before offering the position to an international worker.

When hiring a foreign national, the employer has to first prove that there are no qualified United States workers available, willing or able to perform the duties laid out in the job description.

The employer is also required to pay the foreign national the prevailing wage set forth by the Department of Labor.

Who needs to get a labor certification?

Anybody applying for an EB-3 employment green card and most people applying for EB-2 green card, unless they can get a National Interest Waiver, is required to obtain a PERM Labor Certification. Applicants for other types of employment-based green cards, like EB-1, don’t need to get this certification.

There are some positions for which there is a shortage of United States workers. If you are applying for one of those types of jobs, you also don’t need to get a PERM labor certifications. These positions include certain nursing positions and jobs as physical therapist.

Please contact us at 415-986-6186 to find out if you qualify for permanent residence based on the PERM process and visit our PERM labor certification page.

Study about low-skilled immigration and the US economy

Published in Immigration Reforms, March 11, 2011

There is always a lot of discussion about the negative impact on the US job market by the increasing number of low-skilled immigrants. I found an interesting study, that analyses the problem in detail.

A recent study by Professor Harry J. Holzer from Georgetown University, indicates that low-skilled immigration has little impact on the wages of US citizens.

The question is raised as to why the impact of the large influx of less-educated workers on the labor market of US workers is so small.

Professor Holzer suggests three possible answers for this:

1.     Immigrants are not only producers, but consumers as well. They generate additional product demand and therefore labor demand.

2.     Immigrants are not perfect substitutes for native-born workers and mostly compete with other immigrants within the same industry.

3.     Most low-skilled jobs would likely be replaces by capital and technology if the work force was not available, instead of being filled by low-skilled native born workers.

Professor Holzer goes into further detail and analyses the costs and benefits of low-skilled immigrants for US employers, consumers and the economy at large.

He emphasizes the many positive impacts that the immigrant work force makes on the US economy.

Professor Holzer then analyses various immigration reform policies and raises the question, what his study means for them. He offers modifications to the provisions included in the mentioned bills that would raise the net benefits they provide to both native-born Americans and immigrants.

The study is very interesting and throws light on many immigration issues. I invite you to reed it here: Does Low-Skilled Immigration Hurt the US Economy

E-2 Investor Visa Explained

Published in E2 Visas, March 10, 2011

The E-2 visa is an attractive option for foreign nationals living in countries with which the United States has a treaty relationship, and who want to come to the US to invest their money. One big advantage of this visa over the EB-5 investor Green Card is, that there is no minimum required amount that has to be invested. Usually, the minimum required amount to qualify for the EB-5 Green Card is 1 million USD.

What are the requirements for obtaining an E-2 Investor Visa?

  • You are from a country that has an appropriate treaty with the United States
  • You have invested a substantial amount of capital in a bona fide US enterprise
  • Your objective for being in the United States is to develop and direct this business
  • You intend to leave the United States at the end of the E2 Visa

Investment means, that the investor puts his capital at risk with the goal of generating profit. The investment in the company has to be substantial to show that the investor’s interest is sincere. The government will check the amount of the investment in proportion to the value of the business to determine, if the investment actually is substantial.

The investment must be personal business capital and subject to loss, if the business fails. It must be irrevocably committed to the business.

A substantial donation to a non-profit organization will not qualify for an E-2 treaty investor visa.

It is possible for your spouse and children to accompany you on the E2 Visa.  E2 status is valid for two years if you apply within the US and can be extended.  If you apply for the E2 visa outside of the US the E2 visa may be valid for up to five years depending on the the specific US Embassy.

For more information, please visit our E-2 Investor Visa page.

EB-1 Employment Green Card Explained

Published in Green Card, March 4, 2011

The EB-1 employment green card is reserved for workers with extraordinary abilities, also called priority workers. It is divided into three groups:

1.     Workers of Extraordinary Ability

What is the definition of Extraordinary Ability?

Extraordinary ability is defined as a level of expertize attained by only a small percentage of people who have risen to the top of their field. To qualify for this, the applicant must show exemplary skill and ability in the areas of art, science, business, athletics or education and be internationally recognized. The applicant must prove this by either having one a major international award or by showing documentary evidence that he or she is an outstanding leader in a particular field.  To learn more about the documentary evidence required for the EB-1 category visit our EB1 Employment Green Card article at http://www.doctorsimmigrationlaw.com/green-cards/eb-1-extraordinary-ability

A worker with extraordinary ability does not even need to have a specific job offer to be able to apply for a green card.

2.     Outstanding University Professors and Researchers

This option is for people who are internationally recognized as outstanding in a particular academic field.

Outstanding professors and researchers do need to have a job offer from a university or private institution to be able to apply for an EB-1 green card.

The applicant must have at least three years of experience of teaching or researching in his or her particular field.

3.     Multinational Executives and Managers

Multinational executives and managers are people, who have worked outside of the United States for at least one out of the past three years and who are transferred to work for the same international company in the US.

The applicant must have worked as a manager or executive for the company before having come to the United States, and must continue doing so within the country.

What are the advantages of the EB-1 employment green card?

The applicant does not need to get a PERM labor certification. For information on this, please refer to my last article or the PERM labor certification page.

For more information, please visit our EB-1 Green Card page.

Green Card Through Marriage – San Francisco green card lawyer

Published in Marriage Green Cards, February 15, 2011

Every year more than 400.000 US citizens petition for their non-US citizen partners to obtain a green card for the US. The process of application for a marriage based green card is usually much faster than for other types of green cards, since they are exempt from the quota limitations.

The applicants have to supply evidence that they are legally married to a U.S. citizen. Certified copies of marriage licenses or certificates are often a necessary component of this requirement, as is a proof of termination of any previous marriage.

Demonstrating that you are married is straightforward:  ( please note that there are a myriad of additional documents that must be submitted with a green card application in addition to a certified copy of the marriage certificate).

The couple must be legally married. Marriages are acknowledged as long as they are legal in the place where they were made. Neither partner can be married to someone else at the same time.

The two most common scenarios on the path to a green card:

K-1 Fiancee Visa – for couples not yet married

The K-1 Fiancee Visa is for those foreign nationals, who are not yet married to a US citizen, but intend to do so and remain permanently in the United States. This visa is only given to fiancées of US citizens, not to fiancées of green card holders. For the K-1 Visa, proof of the relationship and engagement have to be provided.

After entering the US on a K-1 fiancee visa, the marriage must take place within 90 days. After the marriage has been made legal, the holder of the K-1 visa has to apply for a change of status to obtain a green card.

K-3 Family Visa – for couples already married outside the US

Immigrants who are already legally married to a US immigrant can enter the US on a K-3 family visa. The K-3 visa was originally designed by the congress to bridge the long wait for an immigrant visa.

There are a number of factors to consider when applying for a fiancee visa, marriage visa or marriage based green card. For further details on the matter, please refer to our Marriage Based Green Card page.  Before you take any further actions, it is best to consult an experienced immigration attorney to help you make the right decisions.  Contact us at 415-986-6186 to schedule a consultation at our San Francisco, Santa Clara or Sacramento office.

Attitude, Viewpoint, and Links to Information – Online Thoughts

Published in Uncategorized, January 23, 2011

Colorful, picturesque, artistic, contemplative, hard to understand – these words describe some of the places in cyberspace I’ve visited this week, researching topics for my blog http://www.ranchodlaw.com/blog/.

One link leads to another, it’s a little like snacking, nothing serious, one byte after another, little by little attention wanders, curiosity clicks through, and time passes as so-called “research.” Today was one of those online adventures worth retelling, only because it so amplifies the statement: “it all depends upon your attitude” (or point of view).

It all started with “research” about jobs and the economy. New York Times has plenty of food for thought. I was pleased to hear about the guy who had converted his hobbies into paid-for job(s) – entitled “Hobbies Add Up to a Career”. http://www.nytimes.com/2011/01/09/jobs/09pre.html?_r=1&ref=business

This scenario would have been interesting to try fifteen years ago before launching into law school. Now my education affords me the ability to give advice about immigration law, on how to come and stay in the U.S. lawfully via work or family. We (readers and me) will someday all become retirees and practice our hobbies. Does that seem like circular thinking to you too, or is it just my viewpoint?

No matter — I did like the career-hobbyist’s advice: “. . . here’s some very important advice: You have to develop a tolerance for the setbacks that come with learning. Mistakes are just a message to try again but in a different way, and failures are a one-room schoolhouse for the adventurous. I tell my shocked gardening students that I’ve killed more plants than all of them put together. But knowing what to do sometimes comes from learning what not to do.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you have any questions regarding immigration law.

IMMIGRATION PLANNING FOR J-1 AND F-1 VISA STUDENTS

Published in F1 Visas, January 17, 2011

Compiling, Evaluation and Choosing Visa Options: Factors to Consider in Deciding Between F-1 vs. J-1 Visa Categories

Most full-time international students come to the U.S. on an F-1 student visa (Form I-20), although some have the option to obtain J-1 visa status [DS-2019]. And if both choices are options, then how do you decide? It all depends on your goals – where you want to find yourself 5 to 10 years down the road. Just like you have a destination in mind when you
purchase an airline ticket, when you decide on a student visa category, you’ve thought ahead for more than just the school program.

People get overwhelmed by information, especially when it comes to life plans because unexpected change is inevitable. But the basic act of making a decision is not that difficult if you already know the outcome you desire. Success, after all is said and done, is simply achieving your personal objective(s) and the means of “getting there” are tools that may
change or become outdated. That’s why I tell international students seeking my advice about whether to come into the U.S. on an F-1 or a J-1 visa, the that answer (after eligibility) depends upon their long term plans.

Researching Eligibility: Many college websites, especially those who have a large international student body, have organized resources online for weighing the specifics and the pros/cons to help students in the global internet community. When you are evaluating choices between two options, it helps to see things in columns with basic terminology and follow-up links for going deeper into the question.

I do recommend, however, that your research be primarily targeting information from .gov [example, http://travel.state.gov/visa/visa_1750.html ] websites. Additionally there are informative .edu websites: [examples, www.ksu.edu/isss http://www.hws.edu/studentlife/guide/intl_status.aspx ]. However, for .edu websites you should ensure they are up to date and accurate as immigration law frequently changes; thus you should also consult an immigration attorney.

Long term plans: Here’s seven basic factors to put beside your life plans in choosing between the F-1 and J-1 visa:

1) Eligibility requirements regarding sources of funding;
2) Off-Campus Employment options for student
3) Employment/education opportunities for dependents
4) Home residency requirement (2 year return to home country): visit j1visawaiver.net for more information regarding obtaining a j1 waiver
5) Grace period after completion program/expiration of visa
6) Program changes allowed (e.g., change major)
7) Insurance requirement(s) (state/federal)

Clearly the factor that certainly affects goals/plans the most would be #4, the home residency requirement. The J-1 visa holder subject to this rule must return to country of origin for two years after completing their J-1 program, unless they have been approved for a j1 waiver. Getting a waiver 5 to 7 years down the road may not be a sure thing.

Having Plan A and Plan B worked out in advance, will prevent unnecessary upset when expectations are waylaid/delayed due to a necessary change in plans. Plan ahead, know your goals, and have at least one Plan B in your toolkit. Don’t give up – that’s the only step you absolutely have to take again and again.

IMMIGRATION LAW TEAM BUILDING

Published in Uncategorized, January 15, 2011

Advice from Your Immigration Attorney

Getting Advice from an Online Forum

Question and Answer in Forum: Even when it’s an immigration attorney who replies to your question online (and sometimes, it’s a non-attorney with unanswered questions like you), it is not the same as having representation. It is not a guarantee that the information/answer even applies to your case.

Even with an attorney’s written reply, notice how it must also contain a “Disclaimer” which waters down the answer by stating:

1) The information posted here is of a general nature; and
2) may not apply to any particular set of facts, or
3) may not apply under all circumstances.
4) It should not be considered to be legal advice and
5) Is not constitute an engagement of any particular law firm or
6) establish an attorney-client relationship.
7) In other words, it is stuff to consider before you make up your own mind what to do next.

Advantages of an Expert Opinion When an immigration attorney replies to your question off-line, face-to- face/by phone, you actually are getting an expert opinion, that is, advice from a bona fide legal counselor who is qualified to become your legal representative. And you are interacting with someone who can understand, organize and compile your case to present to a decision-maker to rule on your petition.

Professional Representation from an Immigration Attorney gives value in three ways: your attorney functions as: (1) consultant (expert); (2), counselor (advisor), and (3) coordinator (writes and assembles essential documents) for communicating with Immigration authorities to win favorable result to your case.

Attorney as expert: Not merely law school and previous experience with cases similar to clients; these actions and resulting expertise are all in the past. The practice of Immigration law requires present time action: this means the ongoing monitoring of the changes in law and procedures. These changes are the necessary responses to create efficiencies in both number and types of cases.

For Instance: Your attorney, as member of American Immigration Lawyers Association

(AILA) receives bulletins advising about most up-to-date changes in law/procedures, as well as the efficiencies/improvements to managing immigration processes

For Example: Members of AILA received a December 2010 “Practice Advisory” explaining the “best practices” for avoiding delays in processing and communications between agencies involved in handling requests for waiver of the INA §212(e) home residency requirement prior to adjudicating a J-1 exchange visitor’s change of status. This put immigration attorneys on alert for possible issuance of RFE (Request for Evidence) arising out of a new procedure. Immigration attorneys were also advised how best to submit paperwork to “ensure that CSC can coordinate with VSC as part of the overall petition adjudication.” Obviously, these “tips” are meant to keep immigration attorney members up-to-speed with the most recent changes/improvements to practice and are conveyed in a language that a forum visitor would not readily understand.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you have any questions regarding immigration law.

CROSS-CULTURE COMMUNICATION – BOOK RECOMMENDATION

Published in Green Card and L1 Visas, January 12, 2011

Understanding and Dealing with Local People Effectively – Using cross-culture communication skills for the exchange visitor (J-1), fiancé visa (K-1), permanent resident (green card) or business executive (L1, or E2 investor).

You’ve come temporarily to study or work in the United States or permanently reside with your spouse. You’ve completed the legal process of obtaining a visa (F-1/J-1 for students, L1 for Executive, E-2 for Owner/investor, or green card) and your visions of accomplishment of your venture look within your reach. But there is still one obstacle to your success and that is to acquire the skill of cross-culture communication.

No one goes to school or works without interactions with other students and employees, teachers and service providers, suppliers of books, equipment, landlords, mechanics, bus drivers, instructors, care-givers, sales people, and fellow sojourners from other countries abroad. In these interactions between “there’s bound to arise one or more of these obstacles to successful communication: 1) confusion,2) misunderstanding, 3) misinterpretation.

It’s natural, even if you are native to the locality, to slip up with your communication signals. What is a “culture” anyway? It’s the uniqueness of a group of people (usually from same location) — it’s their differences, how they are different, distinct from one another in their “deeply held beliefs and instincts about what is natural, normal, right and good.”(see Stroti ref.) Sounds like what would be called “common sense” in any language. And, that’s true: what we’re dealing with here is two different interpretations of what is common sense.

“To succeed in an overseas assignment, expats have to interact effectively with the local people.” Craig Storti goes on to say in The Art of Crossing Cultures, “Cross –cultural encounters don’t always go wrong, of course, any more than same-culture interactions
always go splendidly, but, all things being equal, they are certainly more likely to end badly.” Mr. Stroti goes on to explain why this happens and offers guidelines on how to prevent cultural mishaps.

My future writing plan is to deal more thoroughly with the subject of cross-cultural skill building. But for an overall summary of theory and practice, I recommend Mr. Storti’s book, with its many humorous quotes, as a balance of entertainment with enlightenment.

[Craig Storti, The Art of Crossing Cultures, 2nd Ed., Intercultural Press, Maine; Nicholas Brealey Publishing, London, 2001]

Common Sense and the L-1A Visa: Why Do Executives and Managers From Abroad Contribute their Skills and Expertise to the US Business Community?

Published in L1 Visas, November 26, 2010

By Kaushik Ranchod, Immigration Attorney

Sometimes the upset of an economic downturn, loss of jobs, bad reports about how “outsourcing” is “causing” Americans to lose jobs, which in turn promotes negative attitudes about foreign investment of money and talent in the US – all these factors cause an overall loss of common sense.

Yes.  Common sense about what is really a gain and what is actually a loss.   The L1A visa program is a perfect example.  Here’s a circumstance administered by the strict rules and regulations of the US Citizenship and Immigration Service USCIS (formerly, the Immigration and Naturalization Service (INS)) which enables local businesses (no doubt they are either branch offices, subsidiaries, or affiliates of a company which has its main office somewhere else in the world) to import business managerial knowledge and executive skills from abroad and apply these benefits to local businesses practices and personnel training – all for paid for by the Petitioner (the out-of-US-employer) seeking legal sanction (and paying USCIS thousands in fees for this service) so that the Beneficiary (the manager/executive ,who will be working under the non-immigration L1A visa) can contribute executive/managerial know-how to the US economy.  And the cost to the U.S. taxpayer?  Zip, zilch, nada, nothing. Continue reading ‘Common Sense and the L-1A Visa: Why Do Executives and Managers From Abroad Contribute their Skills and Expertise to the US Business Community?’