UNITED STATES WORK VISA OFFER

 

 



Can my computer programming skills get me an H-1B visa?

 

 

 

UNITED STATES WORK VISA OFFER:  IF YOU HAVE ONE OF THESE PROFESSIONS

 

The government says that the entry will express what the Foreign Worker Program
to the United States offers Visa and work if you have one of these professions.

 

The ' Entry express' could be offered to qualified immigrants who have applied
through the federal program for skilled workers ( FSWP ) , the federal program
for skilled operations (PTSA ), the experience EU ( CEC) , and part the provincial nominee program.

 

 

0111 CFOs .
0112 Human resources managers
0113 Purchasing managers
0121 Insurance, real estate and financial brokerage managers .
0311 Managers of health services.
0711 Construction managers .
0712 Managers homebuilding and renovation.
0811 Managers in natural resources production and fishing.
0911 Managers of manufacturing.
1111 auditors and financial accountants .
1112 Financial and Investment Analysts.
1113 securities agents , investment brokers .
1114 Other financial agents.
1123 Professional occupations in advertising, marketing and public relations.
1212 Supervisors, workers in finance and insurance .
1224 Property managers .
2113 Geoscientists and oceanographers .
2131 Civil Engineers .
2132 Mechanical Engineers .
2133 Electrical engineers and electricians.
2145 Petroleum Engineers .
2171 Analysts and consultants in Information Systems .
2172 databases and data managers .
2173 Software engineers and designers.
2174 Computer programmers and interactive media developers .
2232 Technologists and technicians in mechanical engineering.

 

Temporary not apply : It will ensure that skilled immigrants are able to settle in E.U
permanently to help meet the needs of labor the country 's Immigration Minister
Chris Alexander explained that this program 'express residence ' is in force since January 1, 2015
and remains active for new skilled immigrants.

Green Card

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I married a U.S. citizen. He helped me get a green card in the United States. But we got divorced two and a half years after I came here. Now I have been a resident for five years, and would like to apply for U.S. citizenship. Will I be permitted to do that? Or will the divorce mean they will refuse my application?

Answer:

Many applicants for U.S. citizenship (naturalization) worry that if they got their green card through marriage, but later divorced, they will no longer qualify for citizenship. In most cases, such applicants have little or nothing to worry about.

The people who truly need to worry about the effect of a divorce are those trying to get early citizenship after three years as spouses of U.S. citizens. You have to remain married up until you actually get your citizenship, and you have to be living with your spouse three years before filing your citizenship application to qualify for early citizenship. Because you have been a permanent resident for five years, you’re not subject to the early citizenship rules.

As long as your marriage was the real thing—meaning that you honestly intended to establish a life together, as opposed to entering into a fake, or a sham marriage, meant to get you a green card—you should be okay. (U.S. immigration authorities are always on the lookout for fraudulent marriages, and perceive them to be a common problem, but don't automatically assume that a divorce indicates a sham marriage.)

Judging by your description, you probably spent two years as a “conditional resident,” then had to submit proof of your real, ongoing marriage (along with Form I-751) in order to become a permanent resident. So U.S. Citizenship and Immigration Services (USCIS) has already once verified that your marriage was real. But when you apply for citizenship, your divorce might cause USCIS to question how real your marriage was.

While your divorce will not, by itself, cause USCIS to assume that your marriage was a fraud, when you attend your naturalization interview, the USCIS officer may ask some additional questions to double-check. The officer may not make a decision on your citizenship that day, but may ask you to first submit additional paperwork proving that your marriage was real.
If that is indeed the case, then USCIS will be looking in particular for documentation covering the time period beyond your submission of the I-751.

For example, you might want to submit the same sorts of documents that you did before, but covering that time period, such as leases or mortgages in both your names, copies of joint bank or credit card statements, and so on.

If you and your husband attended couples counseling before your divorce, a statement from your therapist would be good evidence that you were really trying to make this marriage work. And if you happen to have had any children that USCIS doesn’t yet know about, their birth certificates will serve as excellent evidence that your marriage was real.

Asylum or Refugee?

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Asylum or Refugee Status: Who Is Eligible?


I've fled my home country and I'm afraid to go back, may I qualify for asylum or refugee status in the U.S.

ANSWER:

Asylum and refugee status are special legal protections available to people who have left their home country for their own safety and are afraid to return.

What's the difference between asylum and refugee status under U.S. immigration laws -- that is, who should seek asylum status, and who should seek refugee status? It's simply a matter of where you are when you apply. People outside of the United States must apply for refugee status. People who have already made it to the U.S. border or the interior (perhaps by using a visa or by entering illegally) can apply for asylum status.

Once granted, both statuses allow you to stay in the United States indefinitely. Asylees and refugees are given permission to work and are allowed to apply for a green card (within one year of either entering the United States as a refugee or being approved for asylum).
But not everyone qualifies for asylum or refugee status. You must meet some strict requirements, as described in this article. In particular, you must show two things:

• You are unable or unwilling to return to your home country because you have been persecuted there in the past or have a well-founded fear that you will be persecuted if you go back.
• The reason you have been (or will be) persecuted is connected to one of five things: your race, religion, nationality, membership in a particular social group, or your political opinion.

Let's look more closely at what these requirements mean.

What Is Persecution?

To persecute means to harass, punish, injure, oppress, or otherwise cause someone to suffer physical or psychological harm. U.S. immigration law does not list specific examples of the kinds of persecution that would qualify someone for asylum or refugee status. However, from the law that has been developed through court cases, we know that it can include such acts as threats, violence, torture, inappropriate imprisonment, or denial of basic human rights or freedoms.

Historically, for example, the need for asylum or refugee status has been recognized in situations where a foreign government has:

• imprisoned and tortured political dissidents or supposed undesirables
• fired weapons on protesters
• committed genocide against a certain race
• made sure that members of a certain religion were left out of the political process,
• and much more.

DHS Authorization

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Can I Hire a Worker Whose Social Security Card Says
"Valid Only With DHS Authorization"?

Question:

I run a small landscaping company that sometimes hires workers from other countries, but I’ve come across a situation that I’ve never seen before. A recently hired worker showed me a card that says, “Valid only with DHS authorization.” What is this?
Is it okay to accept it for purposes of Form I-9?

Answer:

While this is likely a genuine Social Security card (it is unclear why someone would want a fake card that does not allow him or her to work), you cannot accept it for I-9 purposes, as it does not serve as evidence of a person’s work authorization. A card bearing this notation is known as a “restricted” Social Security card; the Social Security Administration typically issues such cards to foreign nationals who possess time-limited work authorization (such as H-1B visa holders, students working under Optional Practical Training, and those who have been granted deferred action under DACA).

If an employee presents a restricted Social Security card to you during the I-9 process, you should tell him that the card is not acceptable as a List C document and should give
him an opportunity to present alternative documentation.

He may be able to present a List A document, such as an Employment Authorization Document (EAD, also known as an I-766, Employment Authorization Card) or a foreign passport containing an I-94 card (a record issued to a foreign national when he enters the U.S. indicating his visa status and the expiration date of his authorized stay in the U.S.) endorsed for work. If the I-94 is not part of the passport, the employee may present it as a List C document proving work authorization together with any List B identity document.

Be careful about accepting an I-94, however. It may only be used if the period of endorsement has not yet expired and the proposed employment does not conflict with any restrictions or limitations listed on the I-94. Also, some persons, such as certain students and exchange visitors, must also present additional documentation in order to prove their work authorization in the United States.

B2 Visa vs B1 Visa?

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 B2 Visa vs B1 Visa? 

 

 





Question:

I have a regular, full-time job as an architect. In my free-time I train for endurance athletic events, such as triathlons and marathons. I've been thinking about spending a few weeks in the United States to compete in some events there. The races all pay prize money, which ranges from $20 or $30 up to more than a $1,000. I've heard different things about visa requirements. Can I use a tourist visa for these races?

Answer:

Unfortunately, you cannot travel to the United States on a tourist visa and earn prize money in an athletic competition. Even though it appears that you do not earn a living from your sporting events, the "B-2 Visitor for Pleasure" (tourist visa) does not permit you to earn prize money. The only time an amateur entertainer or athlete may use a B-2 tourist visa is when it's for a social or charitable event or for a talent show, contest, or athletic event, and when the only payment is for reimbursement of incidental expenses.

There is a separate visa category, "B-1 Visitor for Business," that professional athletes and entertainers may use to participate in events in the U.S. and earn prize money. The key difference is that you must be a professional. Therefore, even if you don't earn a living from your hobby, if you can be classified as a professional within the sport or industry, you may qualify for a B-1 visa to participate in events in the U.S. and earn prize money.

Finally, keep in mind that the B-1 and B-2 visa categories are the same categories that apply under the Visa Waiver Program. The Visa Waiver Program allows persons from certain countries to travel to the U.S. as tourists (B-2) or business visitors (B-1) without first obtaining an actual visa stamp from the U.S. Consulate or Embassy in their home country. Visa Waiver travelers simply complete an online registration process (known as "ESTA") and then board the plane.

The prize money limitation therefore applies to someone traveling on a Visa Waiver, just as it applies to someone with an actual tourist visa.

You cannot travel to the U.S. on a tourist visa and earn prize money.

Marriage

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Am I in the U.S. illegally while I await my marriage-based green card interview?

 

Question:

 

I am Japanese and got married to an American citizen last week. I came to the U.S. with a B-2 visitor visa that expires in three weeks. I will apply for my green card next week. But I am afraid about something: After my visa runs out, will I be staying here illegally until I get the green card?

 

Answer:

 

Worry no more. As soon as you file your application for a green card ("adjustment of status"), your stay in the United States becomes legal -- since you are now married to a U.S. citizen. In fact, you can apply for a work permit at the same time as you turn in your Form I-485 and the rest of the application. (That's what the Form I-765 is for.) Then you'll be able to wait legally in the United States -- and wait, and wait.

It often takes USCIS up to a year to get to your application and call you in for your interview.

 

That said, there is something you may need to worry about. Did you get that tourist visa just to get married and apply for a green card in the United States? If so, that's a misuse of the tourist visa, and USCIS could deny your green card application because of it. You would probably need an attorney to help you ask for a waiver, or "forgiveness." However, if you met your soon-to-be-husband after you came as a tourist, or if you weren't sure whether you wanted to marry when you came, you should be okay.

 

We also need to warn readers who aren't married to U.S. citizens: If your spouse is a permanent resident (green card holder), merely having him or her submit an I-130 visa petition for you is not enough to make your stay in the United States legal. The guidance above refers only to people married to U.S. citizens, who are allowed to submit the actual green card (adjustment of status) application, which for you will be the very last stage of a long process. If you're married to a permanent resident, you'll be able to submit the full green card application only after your spouse starts the process for you by submitting an I-130 visa petition, and you spend a few years on a waiting list.

 

For more information on all of this, contact LEGiTiGO 

Green Card

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I just got my green card and friends have told me that I should keep it in a safe place at home instead of carrying it around with me in my wallet. Is this correct? Or do I have to carry my green card with me everywhere I go?

Answer:

If you are 18 or older, you do have to carry your green card with you. Section 264(e) of the Immigration and Nationality Act (I.N.A.) requires all lawful permanent residents (LPRs) to have “at all times” official evidence of LPR status.

Failing to have your green card with you is a misdemeanor and if you are found guilty you can be fined up to $100 and put in jail for up to 30 days. (I.N.A. Section 264(e).) A copy is not good enough, because the law does not use the word “copy” or refer to “other evidence” of LPR status.

The official evidence of LPR status that most people eventually receive is an “alien registration receipt card,” also known as Form I-551 or, more commonly, a “green card.” Sometimes, people do not have their green card, but are already LPRs. For example, when somebody first arrives in the U.S. with an immigrant visa, they first receive an “I-551 stamp” in their passport. Weeks later, they receive the actual green card in the mail. In the time before receiving the green card in the mail, the LPR would have to carry his or her passport “at all times” or risk breaking the law.

If you decide to carry a copy of your green card instead of the original because you want to keep the original safe, you will be violating the law. Will you actually be stopped by immigration, prosecuted and fined or jailed for not having your original green card with you? It's unlikely. Like any other government agency, immigration authorities have limited resources and cannot spend precious government time and money on prosecuting people for not carrying their green card “at all times.”

But there have been cases where LPRs are detained or arrested during workplace enforcement actions for not having their green card on them. So to be on the safe side, and obey the law, you should actually carry your green card with you everywhere you go. And it probably goes without saying that if you will be traveling internationally, you should take your original green card with you to board a plane or boat back to the U.S. and to reenter the U.S. as an LPR.