Legal immigration to the United States has fallen by 11% in the wake of many restrictive immigration policies put into place by the Trump administration. Through these policies, Trump has done more to restrict immigration than a border wall could accomplish. Two of these new policies went into effect in February 2020, an expanded travel ban that included Nigeria, and strict wealth tests on green card applicants. Legal Immigration Down The number of people who obtained permanent legal status in the United States, besides refugees that had previously entered, was down to 940,877 in the 2018 fiscal year from 1,063,289 in the 2016 fiscal year. This was according to an analysis by the National Foundation for American Policy. Four years ago, legal immigration was at its highest level since 2006. The foundation projected a 30 percent drop by 2021. Experts believe that new immigration policies will accelerate the downward trend. Asylum seekers face tightened rules and have been forced to live in squalid camps on…Read More
When applying for work visas or other types of visas, people often ask themselves if they really need an immigration attorney to help them through the process. At first glance, the forms and instructions seem rather straightforward. You are not required to have an attorney, and the decision to hire one is personal. However, there are some important reasons why you may want to hire an attorney for your visa application. Figuring Out Your Options If you are a skilled worker or an employer hoping to hire one, you have many options for working in the United States. However, not all of these options will be right for you, and there may be some options that you have never considered. For instance, while there has been an increase in L visa applications being denied, perhaps you should explore other avenues. A worker may be eligible to come to the United States on an O visa, an underutilized but useful visa, and an experienced immigration lawyer…Read More
Since the reauthorization of the Violence Against Women Act (VAWA) in 2013, the number of applications for “domestic violence green cards” has risen steadily. However, as the number of applications has increased, the percentage of applications flagged as possibly fraudulent has risen at an even faster rate. Fraud referrals have more than quadrupled over the last five years. This has many advocates concerned about the future of these green cards. Harm To Victims Under VAWA, an individual may be eligible for a green card, if they have been the victim of domestic violence. Victims can self-petition for a green card if they can establish that they have endured domestic violence at the hands of a United States citizen or permanent resident. The availability of this green card has been a great advantage and offered peace of mind and security to thousands of victims. Now with greater scrutiny being placed on these green card applications, it may have a chilling effect and be harmful to victims.…Read More
The P category of visas is for foreign nationals who intend to come to the United States to perform either in athletics or entertainment. It is the visa of choice for those who may not have the “extraordinary ability” necessary to qualify for an O visa. If you are an entertainer or group of entertainers seeking to perform in the United States, you should be aware of the different types of P visas available and the requirements for each category. P-1 Visa P-1 visas are available for entertainers who will be performing in a group. An individual will generally not be eligible for a P-1 visa. A P-1 visa will be granted to an entertainment group based on its own international reputation. They must be “internationally recognized” which is defined as “having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in…Read More
In order for a foreign national to work in the United States, they need to obtain a work visa. One of the most widely used and useful work visas is the L visa, which allows a temporary worker to come to the United States for an extended period of time. What Is An L Visa? This type of visa allows a foreign company to transfer certain employees to work for an affiliated U.S. company. It is a nonimmigrant visa that is temporary in nature. An L-1A visa is used to transfer a company’s executives and/or managers. An L-1B visa is used for individuals with specialized knowledge. An L-2 visa is used for family members of an L-1 visa holder. Benefits Of The Visa One benefit of anL visa is that the worker can stay in the United States for an extended period of time. The holder of the visa is allowed to work for the company in the United States for a set amount of…Read More
Teams in the United States have been recruiting foreign athletes from around the world to compete in sports like soccer, baseball, and football. In addition, state of the art training facilities make the United States an attractive location for high caliber athletes to train for international competitions like the Olympics. In some cases, these athletes may want to become permanent United States residents. This is where EB-1 green cards can be helpful. Extraordinary Ability An EB-1 visa and green card is available for foreign nationals who demonstrate extraordinary ability in the sciences, arts, education, business, and athletics. To obtain an EB-1 visa, an athlete must be able to demonstrate extraordinary ability in their sport, plan to work in the sport in the United States, and demonstrate that their work in that sport will be beneficial to the United States. The athlete must show that they have “sustained or international acclaim” and that their achievements have been recognized in their field. The athlete must show either…Read More
While there are many ways to live and work in the United States, the E-2 treaty investor visa represents a way that you can build your own business. The application for an E-2 visa is not overly complicated. However, there are a number of requirements to keep in mind. Requirements For An E-2 Treaty Investor In order to qualify for an E-2 visa, a treaty investor must: Be a national of a country with which the United States maintains a treaty of commerce and navigation. These treaty countries can be found here. Have invested or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States. Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device. What Is An “Investment?” An investment is the treaty investor’s…Read More
An O-1 visa is a useful tool for those foreign nationals with extraordinary ability who wish to work in the United States. However, there are some common misconceptions. I Can Work For Multiple Employers On An O-1 Visa With very few exceptions, nearly every work visa in the United States must be tied to a specific employer. An O-1 sponsor does not have to be an employer in the strictest sense. An individual can work for an agent and then perform work for multiple clients through that agent. However, if an individual wishes to work for multiple employers or multiple agents, they would have to be sponsored under multiple concurrent petitions. In addition, if an O visa holder wishes to change employers, they would have to file a new petition sponsored by the new employer. An O-1 Visa Is Only For Artists While sometimes referred to as an “artist” visa, O-1 visas are available to individuals who possess extraordinary ability in any field. O-1A visas are available…Read More
As the United States responds to coronavirus, many immigrants are feeling frightened and confused about how this will impact them. While things are changing quickly and it’s difficult to be certain of what we can expect, our team is here for you and wants to help. In today’s blog, we’re looking at a few of the ways COVID-19 has affected the immigration process and what these changes mean for you. 1. Limited Travel Across The United States And Mexico Border As of March 20th and until at least April 20th, non-essential travel between the United States and Mexico has been forbidden. Essential travel includes U.S. citizens and lawful permanent residents re-entering the United States, travel for medical purposes, travel for education, travel for work, travel for emergency response, cross-border trade, governmental and diplomatic travel, and military travel. All other travel is on hold. These changes mean that visits to see family or take a vacation will not be allowed in this interim. There are also…Read More
O visas are a useful tool for individuals of extraordinary ability who wish to work in the United States. Here are some frequently asked questions: What Is The Purpose Of An O Visa? The O visa is a nonimmigrant visa available to those individuals, and their families and support personnel, who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. What Are The Benefits Of An O-1 Visa? Unlike with an H1-B visa, there is no lottery that an employee has to go through for an O-1 visa. O visas can be issued fairly quickly and are granted for a maximum of three years with unlimited one-year extensions. O-1 visa holders may also pursue permanent residency. What Does “Extraordinary Ability” Mean? The phrase “extraordinary ability” means that a person has a level of expertise and is one of that small percentage of individuals who have risen to…Read More
