USA EB-2 Visa: Get Now this bellow information and fly down to USA.
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:
An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
Letters documenting at least ten years of full-time experience in the occupation being sought;
A license to practice the profession or certification for a particular profession or occupation;
Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
Membership in professional associations;
Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable
USA EB=1 VISA :
Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field which demand outstanding achievement of their members;
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel;
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
Evidence of commercial successes in the performing arts.
Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather that a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.
Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:
Receipt of major prizes or awards for outstanding achievement;
Membership in associations that require their members to demonstrate outstanding achievements;
Published material in professional publications written by others about the alien's work in the academic field;
Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
Original scientific or scholarly research contributions in the field;
Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad. Definitions of terms relevant to this EB-1 category are found in 8 CFR § 204.5.
USA E1 AND E2 VISAS:::: Overview:The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS). CATEGORIES Employment First Preference (E1) Priority Workers receive 28.6 percent of the yearly worldwide limit. All Priority Workers must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS. Within this preference there are three sub-groups: Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the USCIS, rather than through an employer; Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS; and Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS. Employment Second Preference (E2) Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category: Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
This section provides you with information and directions necessary to apply for lawful permanent residence (LPR), or "green cards". You will have the opportunity to access information regarding ways to get a "green card". A "green card" gives you official immigration status (Lawful Permanent Residency) in the United states. If you already are a permanent resident, you may want to read, "Now That You Are A Permanent Resident".
If you already know the specific path of immigration you wish to follow, visit one of the following:
Immigration through a Family Member
Immigration through Employment
Immigration through a Family Member:
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.
Immigration through Employment:
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or is a lawful permanent resident, your relative in the U.S. will need to sponsor you and prove he/she has enough income or assets to support you, the intending immigrant(s) when in the United States. For an overview of the types of immigrant visas available under immigration law, please see Immigrant Visa Classifications on the USCIS Website. Your relative sponsor and you, the intending immigrant, must successfully complete certain steps in the immigration process in order to come to the U.S. Here are the key steps:
First, the USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative filed by your sponsoring relative for you. Next, most sponsors will need to demonstrate adequate income or assets to support the intending immigrant, and accept legal responsibility for financially supporting their family member, by completing and signing a document called an Affidavit of Support. Once this is complete, then the intending immigrant will apply for the immigrant visa as explained below.
USA Student Visa : Hundreds of thousands of people come to the United States from around the world to study and improve their skills. Numerous programs provide a wide variety of learning opportunities. Students interested in studying in the United States must be admitted to a U.S. school or university before starting the visa process. For additional information about higher education opportunities in the U.S., see the Department of State EducationUSA website. How to apply for a Student Visa:
Select where in the Unites States of America you would like to live and study.
Contact the school and start the admission process.
Upon acceptance by school, the school will issue you an I-20 form (the required document you need to apply for F-1 student visa).
With the I-20 form you can apply for a student visa at a U.S. Embassy or Consulate. If you are already in the Unites States you may be allowed change your immigration status to student.
You may be legally authorized to work in the United States while on a F-1 student visa.
How long may I stay on my F-1 student visa?
When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:
F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.
M-1 student - An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. An M student may receive extensions up to three years for the total program.
As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2001, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as "D/S"), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2001 passes and your visa expires while in America, you will still be in legal student status. However, if you depart the U.S. with an expired visa, you will need to obtain a new one before being able to return to America and resume your studies. A student visa cannot be renewed or re-issued in the United States; it must be done at an Embassy or Consulate abroad.
What is a Visa?
A “Visa” is simply a stamp in a passport that gives the passport holder authorization to enter the United States. The INS (Immigration and Naturalization Service) handles most matters involving visas. You may find an immigration lawyer to help you with your H1 visa or any other visa on this site.
What is the H1-B Visa?
The H1-B visa is also commonly called a “work visa” or “work permit.” This is the most common form of temporary work visa. It enables the foreign worker to enter the United States to work temporarily in a professional capacity. H1B Employment opportunities in the state of Minnesota, which reflect the national trend, are abundant, so abundant that employers are seeking out the assistance of foreign workers to fill the gaps in the workplace. To locate an H1B job in the U.S. use the links at the right to draft and post your resume.
The government requires at least five agencies to certify a foreign employee for H1B work in the United States, often a long process in itself. But the government recently made this process even more arduous by reducing its funding to one key player in the certification process, the State Economic Security Department. This cut in funding has had a grave impact on this state’s, as well as this country’s, ability to recruit and retain foreign professionals for employment, especially those H1B professionals with technical experience and in the field of health care.
How Do I Qualify?
To qualify for an H1-B foreign workers must fit into a category of “priority workers” which include: H1B workers with advanced degrees or exceptional ability; H1B professionals (Bachelor’s Degree or the equivalent); H1B skilled workers and others. Generally, foreign workers must also demonstrate that the occupation sought is of a special nature that cannot be easily filled with the workforce available in the United States. Oftentimes demonstrating the special nature of a position requires a statement by the sponsoring employer. The applicant should also be able to demonstrate advanced education skills either through a degree from a foreign university or equivalent employment history. Within each of these three main categories, there are H1B sub-groups, all with their own requirements. It should be noted that there is typically a backlog for H1B workers from China and India in the second and third H1B preference category. To qualify as a H1B “professional” under U.S. immigration laws, you must have at least a bachelor’s degree or its equivalent. Work experience may satisfy this prerequisite if the work was in a field that generally requires a bachelor’s degree. Additionally, the foreign worker must be employed in a “professional capacity.” This means that the employment must be a legitimate professional job requiring a professional education and paying a commensurate salary. The foreign worker cannot simply be engaged in the employment as a hobby or for religious purposes.
The H1-B visa is not only for those attempting to gain entry into the United States, but also for those already in this country, for example, an individual in the United States on a student visa may seek an H1-B visa to remain in this country after their student visa expires. Requirements for foreign nationals already in the U.S. is similar to the requirements for non-resident aliens. They must also demonstrate their specialty and credentials just as if applying from abroad.
The H1-B visa is also linked to the particular employer sponsoring the foreign worker. Not only must you have a sponsoring employer to apply, but the H1-B cannot be transferred for employment with any other employer. In other words, if you seek to change jobs, you must re-qualify and reapply with the new employer. In today’s employment market, professionals in the areas of software development, informational systems, nurses and other health care professionals are in short supply and high demand. As a result, numerous H1-B visas are issued in these fields each year. However, the number of H1-B visas issues each year is strictly limited and is reached earlier and earlier each year. The application process for H1-B visas begins in October. In 2000, the H1-B quota was reached by mid-March.
Even after the limit of H1-B visas is reached each year, demand for professional workers remains high. It is for that reason that the U.S. legislature has debated increasing the number of H1-B visas for these particular professions. Despite these efforts, to date, no additional visa categories have been authorized.
REQUIREMENTS: U.S. Bachelors Degree or foreign equivalent (if degree is foreign) analysis by independent credentials evaluations service attesting that foreign degree is equivalent to U.S. Bachelors Degree; or Professional job offer which closely parallels the training and background of the particular employee; and Filing of a Labor Condition Attestation with the U.S. Department of Labor; Prevailing wage survey conducting by the local state employment agency to protect the employer I-129H petition approved by INS. Must I Leave my Family?
No.
A professional worker’s spouse and any unmarried children under the age of twenty-one (21) are also allowed to reside in the United States for the same period of time as the H1-B remains in effect. The spouse and minor children must complete a H4 visa application before residency is allowed.
How Long May I Remain in The United States on the H1-B Visa?
Generally, the H1-B visa is valid for three years. However, it may also be extended for an additional three years resulting in a six-year maximum. If you seek a second H1-B because you changed employers, this will not extend your stay under the H1-B for another six years. The absolute maximum duration for a visa under the “H” category is six years.
What Happens when my H1-B expires?
After your H1-B visa expires, you must leave the country for no less than one year. After the one year period has elapsed, you may once again reapply for the H1-B. However, one of the greatest advantages to the H1-B visa is that it allows the professional worker to seek permanent residency, or a “Green Card” for the worker and his/her entire nuclear family while working in the United States.
Given the complexities of the system, professional representation for those seeking employment in the United States is well advised. Often, mitigating circumstances may be overlooked by those unfamiliar with the system. Language barriers often lead to even more difficulties and frustration.
Qualifying for a Visa: Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. Applicants must demonstrate that they are properly classifiable as visitors under U.S. law. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:
The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment; That they plan to remain for a specific, limited period; Evidence of funds to cover expenses in the United States; Evidence of compelling social and economic ties abroad; and
That they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.
Where Do I Apply for a Visitor Visa?
Applicants for visitor visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.
How to go about Applying for a Visitor Visa for USA?
1. Sponsored Trip: If applicant's has child or relatives lies in USA, they can sponsor the visa for the applicant. Sponsor: Any US based person can sponsor visa for his/her parents, relatives, friends. Liabilities of sponsor: Sponsor needs to provide affidavit of support form stating and assuring to take the liabilities of expenses required for applicant’s trip.
Other then this they also need to provide some other documents required to support their claim as sponsor.
Sponsoring does not guarantee the visa grant. Individual applying for visa must meet the criteria, set for US visitor visa. 2. Self Sponsored:You can be a self sponsor for your trip. You must have sufficient funds and proof of financial capability that can justify your trip expenses.
The process for a foreign citizen to legally acquire a green card and eventually become a legal naturalized citizen of the U.S. is difficult, time consuming, and expensive. Many critics of the system maintain that if the process was simpler there would be far fewer foreign citizens entering and remaining in the U.S. illegally.
When a foreign citizen visits the U.S. as a tourist, a medical patient, a student, or for business purposes, they generally need to present only a valid national passport, a photo ID card or birth certificate, and sometimes an entry visa. A visa is simply an endorsement on a document that shows authenticity and conveys permission to travel to and to enter a foreign country. This type of visa is also known as a non-immigrant visa. Fees for a passport, a non immigrant visa, and a border crossing card total about $300.
However, when a foreign citizen wishes to reside and work in the U.S., they need to present an immigrant visa, also known as a green card. The green card was originally called the Alien Registration Receipt Card, but it has recently been renamed the Permanent Resident Card. Originally the card was green in color but now the card is white with some green printing on the back. It is still known generally as the green card. Recipients of the green card must carry it with them at all times. The green card is valid for a period of 10 years.
The green card is issued to a foreign citizen as a response to a petition by an employer or a relative who is a U.S. citizen. The petition by the employer or relative allows the foreign citizen to enter the U.S. for the purposes of being employed and residing permanently in the country.
The process for acquiring the green card generally follows three steps. The U.S. Citizenship and Immigration Service (USCIS) issues the green card. This service used to be known as the INS or Immigration and Naturalization Service. USCIS is often referred to as simply the Immigration Service and is now part of the Department of Homeland Security. The first step is for the USCIS to review all of the paperwork and approve the petition from the qualifying relative or employer. The second step is to send the approved paperwork to the National Visa Center (NVC) where the petition waits for a visa number to become available. Only a limited number of visa numbers are available each year. Once a visa number becomes available, then the third step is for the petition to be forwarded to the appropriate U.S. embassy or consulate in the foreign citizen’s home city or country.
The three step process appears to be simple and straightforward, but the expenses and the amount of paperwork and time involved make the process difficult and frustrating.
The first step to obtain a green card is for the sponsoring relative or employer to submit the proper forms to USCIS. The process of filling out, collecting, and forwarding the paperwork on to NVC can take two months or more. Typically, not all of the necessary forms are submitted the first time and communication by mail between the USCIS and the petitioner and between the USCIS and NVC is slow. Fees for the paperwork, photos, and supporting documents can total $190 to $400.
Next, NVC collects the paperwork and determines if additional items are needed to complete the application process. There generally are additional necessary forms, passports, and documents needed before everything can be forwarded to a U.S. embassy or consulate in the foreign citizen’s home city or country. This process can take two to seven months and requires the payment of processing fees and fingerprinting which cost about $500 or more.
If the petition is for an immediate relative, such as parents, spouses, and minor children, then the application does not need to wait for a visa number, and the petition can be sent on to the U.S. embassy or consulate. Some consulates are busier with green card applications than others and the waiting period for an appointment at the consulate ranges from a couple of weeks to 9 months. In addition to identity documents the applicant must present blood tests and medical exam results which may cost an additional $200 or more. After the appointment at the consulate and the approval of the petition, the foreign citizen is issued the Permanent Resident Card or green card. The citizen is then free to enter the United States for purposes of establishing a residence or beginning employment.
If the petition is for a family member other than an immediate relative, such as adult children, married children, and brothers and sisters, then the application must wait for an Immigrant Visa number to become available. The waiting period may take a few months to as long as 10 years. Only a limited number of Immigrant Visa numbers are available for each country each year. An application may wait for a long period of time if the applicant is from a country which sponsors a large number of applicants. After the petition receives a visa number the application is sent to the U.S. embassy or consulate and the citizen can then complete the appointment and receive their Permanent Resident Card or green card.
The green card is valid for 10 years. After five years of residency in the U.S. the citizen is eligible to become a naturalized U.S. citizen. In addition to the five years of residency, the citizen must show an ability to read, write, and speak English, understand U.S. history and government, have good moral character, and be willing to abide by the principles of the U.S. Constitution. Fees for the application and electronic fingerprinting total about $400. Once the citizen has taken the Oath of Allegiance they become a full U.S. citizen.
Obtaining permanent residency or citizenship in the United States requires a large commitment of time, determination, and resources. Simplification of the process would allow foreign citizens to more easily immigrate to the U.S. legally and would likely reduce the number of illegal immigrants. The United States has a proud history of successful legal immigration.
Each day Cesar Negrete drives to work, it’s with a nagging fear that comes from not having a driver’s license. Negrete doesn’t have one because he’s an illegal alien.
But that doesn’t stop him from going to his maintenance and landscaping jobs. For him, it’s more about feeding his wife and two children than following the letter of the law.
‘Even though I don’t have papers to work here, I’m taking a job that is needed. If I’m paying taxes and I need to drive to work, they need to give me the opportunity to do it legally,’ said Negrete, who came from Mexico three years ago.
His situation is similar to other illegal immigrants, but there’s little he can do about it. Negrete can’t get a driver’s license because he’s here illegally.
In 2000, Kansas legislators required those getting a driver’s license to have a ‘lawful presence’ in the United States — joining the majority of states with such a ban. A House-passed bill abolishing that ban is stalled in a Senate committee with little chance of passage.
‘It’s a necessity here. We have to use cars. I travel 45 minutes to an hour to work, and the jobs are in different places so I have to drive,’ said Hugo Batres, who came from Mexico a year ago. ‘There is no one to take me to work and if I don’t work, my family doesn’t eat.’
The fear of being stopped by the police is very real.
‘It makes me tremble. We fear that if we get stopped, it could mean deportation,’ said Juan Simental, who also came from Mexico a year ago. ‘Our friends make fun of us for driving slow like the elderly.’
Negrete recalled driving home once when he saw a police car.
‘I just parked my car on the street because I was afraid and left the car there and ran home,’ he said.
As for traffic accidents, illegal immigrants face a double whammy — no license plus no valid car insurance because they can’t get a license. Negrete said he’s been in two minor accidents, neither his fault.
‘I told the person to leave because it is easier to pay for the damage than to deal with driving without a license,’ said Negrete, who, like the other illegal immigrants, spoke through a translator.
Illegal immigrants come to the United States for a better life and better wages. Batres said a good wage in Mexico is $50 a week versus $50 to $70 a day he can earn working in the Kansas City area.
‘My wife was pregnant and hungry and there was no money,’ said Batres, whose wife and two children live in Mexico. He says they will join him here when he saves enough money.
Nobody really knows how many illegal immigrants drive in Kansas without a license. Melinda Lewis of El Centro, a social services provider for Hispanic immigrants in the Kansas City metropolitan area, estimated there could be as many as 8,000 in the metro area.
Attorney David Grummon, who caters to the Hispanic community, says hardly a day goes by without an illegal immigrant asking for help with a ticket for driving without a license or insurance, usually after being stopped for something such as running a stop sign.
‘It’s a huge problem. About four out of five traffic cases that come through my door involves no license and no insurance,’ Grummon said. ‘Generally they have to pay the ticket. They have to suck it up and pay it.’
Immigration officials estimate 8.5 million illegal immigrants are in United States, of which 45 percent are Mexican; 47,000 illegal immigrants are in Kansas, they say.
In the Hispanic community, the presence of illegal immigrants is common, and many spend years trying to gain legal status. Families often are a mix of U.S. citizens, immigrants legally in the country and those who aren’t.
‘Being here illegally doesn’t mean we’re criminals,’ Negrete said, adding that being an illegal immigrant is a civil violation and not a criminal offense.
Not everyone agrees.
‘They have broken the law to get here. How many more laws will they have to break before the elected officials will acknowledge them for what they are, which are lawless, disrespectful aliens?’ said Susan Tully, Midwest field director for the Federation for American Immigration Reform in Washington.
‘It’s a blurring of the lines. It’s about easy access for those who aren’t here legally to hide among the sea of citizens,’ she added.
At least 11 states this year are considering bills to tighten requirements on issuing driver’s licenses to illegal immigrants and another eight are thinking about looser requirements, according the National Conference of State Legislature.
Tyler Moran of the National Immigration Law Center said 26 states, including Kansas, have laws limiting a driver’s license to those with a ‘lawful presence’ in the country and 14 have the same limitation either in agency rules or because of the documents required to get a license.
‘Sometimes I think it’s a misguided notion that restricting licenses will make the states more secure,’ Moran said.
There’s mixed feelings among Kansas law enforcement officials.
‘Allowing illegal aliens to get a driver’s license kind of legitimizes their presence in the country,’ said Kansas Sheriff’s Association executive director Darrell Wilson.
But for Olathe Police Chief Janet Thiessen, a driver’s license for illegal immigrants would make things easier for her officers.
Immigration laws are constantly changing and can be confusing to negotiate all of the legal hurdles to accomplish your goals. Individuals, families and employers are constantly seeking solutions to the ever-changing and confusion immigration legal system. Hiring the right immigration attorney can help ease the pain of the process, simplify the system and achieve the best results for you, your company or family.
How Can an Immigration Lawyer Help You?
1. Analyze the facts of your case thoroughly
2. Explain all the options for which you may be eligible
3. Recommend the best ways for you to obtain legal status
4. Complete and submit your applications properly
5. Stay current on the new laws that affect you
6. Avoid delays and problems with your case whenever possible
7. Discuss the status of your case with you
8. Speak for you in discussions with the Department of Homeland Security or represent you in court
9. File necessary appeals and waivers
10. Utilize the system to your advantage because he or she has the experience to do so
Finding and retaining the right immigration attorney may be the right solution for you. If you do decide to hire an immigration attorney, and follow the checklist above, your dealings with the various government agencies and courts will go much more smoothly.
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• Root Law Group offers quick turnaround time (most petitions are prepared within 10 working days).
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• Root Law Group’s experienced staff is well versed in the preparation of all immigrant and Nonimmigrant Bureau of Citizenship and Immigration Services (USCIS) petitions, as well as PERM labor certifications.
Root Law Group (”RLG”) offices cater to corporate and individual clients living throughout the United States and abroad. RLG uses state-of-the-art case management software, which provides our clients with easy access to their personal case status information over the Internet. RLG’s average case preparation “turnaround” time is within 15 days. RLG’s experienced office staff answers all client inquiries within 4 business hours.
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According to the December, 2007 Visa Bulletin foreign workers falling in the EB-3 category and EB-2 workers from Mainland China and India will be affected by a severe backlog of visa numbers. This means there are more individuals wishing to immigrate than there are allotted visas. As a result, foreign workers in the effected categories may have a wait time exceeding 5 years before they are able to file an application to adjust status to that of a permanent resident.
Filing a New Labor Certification as an EB-2
The same employer who had filed an EB-3 application for a foreign worker may file a new labor certification for EB-2 classification for the same foreign worker if the job offer as an EB-2 is bona fide and the foreign worker possesses the requisite educational and employment experience that meets the criteria for EB-2 classification.
If there is a bona fide job offer as an EB-2 and the foreign worker is qualified, filing a new labor certification as an EB-2 may eliminate or dramatically reduce their backlog wait time. This may be especially advantageous for employers who have already filed and have an I-140, Visa Petition approved for a foreign worker. If the I-140 for EB-3 classification has already been approved, the foreign worker may seek to retain the old priority date on the new I-140 as an EB-2.
Filing a New Petition as an EB-1
A petition for EB-1 can be filed for aliens of extraordinary ability, multi-national executives and managers, and outstanding researchers or professors. Though rare, we have seen cases that should have been initially filed as EB-1s instead filed as EB-2s, or EB-3s. Those individuals may wish to file a new visa petition as an EB-1 to avoid the backlog. Those with EB-2 or EB-3 I-140 Visa Petitions already approved can seek to retain the priority date of the initially approved I-140.
Individuals may be tempted to file a new petition in an attempt to circumvent the severe backlog. However, a new petition should not be filed unless there is real merit to warrant such a filing. As such a careful examination of your current job duties and its requirements should be made in contrast to the job duties and requirements on which the first petition was based.
No Downside
Many employers and foreign workers have expressed concerns that a new petition may jeopardize their approved visa petition. However, a new labor certification and visa petition as an EB-2 represents a new job offer that is separate and apart from the job offer that supported the EB-3 labor certification and visa petition.
In the case of filing a new petition as an EB-1, one is merely filing a petition seeking benefits in a classification they qualified all along, but had instead chosen to file the initial labor certification and visa petition as an EB-2 or EB-3. There is no risk to the approved visa petition if there is a legitimate step up in job duties, job requirements, and the foreign national qualifies for the new position as an EB-2 or if the foreign worker could have initially filed as an EB-1, but did not.
Immigration refers to the movement of people from one country to other. While the movement of people has existed throughout human history at various levels, modern immigration implies long-term, legal, permanent residence in that country. Short-term visitors and tourists are considered non-immigrants. Immigration across national borders in a way that violates the immigration laws of the destination country is termed illegal immigration.
Under this definition, an illegal immigrant is a foreigner who either illegally crossed an international political border, be it by land, water, or air, or a foreigner who legally entered a country but nevertheless overstays his/her visa in order to live and/or work therein.
Among all the countries, immigrating to the United States of America is consistently one of the most popular choices for overseas nationals wishing to make a new start, further their career, or join family members overseas. With huge cultural diversity and geographical variety, applying for immigration to the USA can provide a wealth of opportunities for potential US immigrants.
A citizen of a foreign country, wishing to enter the U.S., generally must first obtain a visa, either a non-immigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel.
A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.
There are two categories of U.S. visas: immigrant and non-immigrant.Immigrant visas are for people who intend to live permanently in the US. Non-immigrant visas are for people with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis such as for tourism, medical treatment, business, temporary work or study.
Approximately 28.4 million foreign-born people live in the United States, representing 10.4 percent of the U.S. population.International visitors and immigrants add greatly to USA’s cultural, education and economic life, according to American Demographics, adding about $10 billion a year to America’s economic output. More important is the contribution immigrants and their children make just by being there to provide workers and leaders for the future. If today’s immigration totals hold steady, it will account for about two-thirds of U.S. population growth over the next 50 years.
One of the most common ways to obtain a green card is through marriage to a US citizen. This is sometimes referred to as a green card marriage. Now before continuing, it�s important to recognize that you can also obtain a green card through marriage to a Lawful Permanent Resident, that is, someone holding a green card. But right now we�re talking about obtaining a green card through marriage to a US citizen � we�ll be talking about obtaining green cards by marriage to a LAWFUL PERMANENT RESIDENT.
A Green Card Marriage is one in which an alien marries a US citizen and thereby becomes eligible to obtain lawful permanent residence in the U.S., that is, a green card. This is completely legal and is provided for by Congress.
So long as you get married for traditional reasons such as love and affection, it�s perfectly OK that your �green card marriage� results in an immigration benefit to you. The only time this poses a problem is where someone enters into a fake marriage or �sham marriage� that is designed solely for the purpose of getting an immigration benefit If you fall in love, get married, and now want to apply for a green card, that�s great. Congress welcomes you and your legitimate �green card marriage� based on your love and affection for one another. The green card marriage�when not a sham�is a wonderful thing.
The quickie green card marriage may soon become a relic of the past. U.S. Citizenship & Immigration Services (�CIS�, previously known as INS) is limiting green card issuance that can directly impact the immigrant and his or her sponsor’s future. Even if an immigrant is married to a U.S. citizen, if the marriage is less than two years old at the time the green card interview (adjustment of status interview) takes place, CIS will only grant the immigrant a two year green card.
This �conditional green card� will terminate in two years if the couple cannot prove that they are still living together as husband and wife. This requirement was created in 1986 when Congress believed that the only way to counteract fake or sham marriages was to require ongoing proof that the couple still lived together and the marriage was not a mere economic or business transaction.
To convert the conditional (2 year) green card into a permanent green card, the U.S. citizen or legal permanent resident sponsoring spouse and the conditional green card-holding spouse must together to petition to have the condition removed, or else the green card will expire and lawful permanent residency status will be terminated.
This petition must be filed within the 3 month period before the green card expires.
In reality, though, the two year expiration can potentially cause quite a few problems for marriages that were real when the couple wed but are now leading to divorce due to domestic violence, adultery, or other �irreconcilable differences� near the time the immigrant�s green card is expiring. By requiring the cooperation of the petitioning US citizen, in most circumstances, to sign and file to have the condition taken off, the process creates a power-struggle between a feuding couple and worse, gives more power over the immigrant to an abusive U.S. citizen spouse.
There are limited exceptions available to an immigrant when his or her U.S. citizen spouse will not cooperate or help the immigrant file to have the condition taken off of the green card. If a couple separates or divorces at any time after the green card is first issued, it is unlikely that the originally sponsoring U.S. citizen or LPR spouse will cooperate in helping the immigrant spouse release the condition on the green card for a number of reasons. If this happens, the immigrant may be able to apply to have the condition removed from his or her own green card by applying for a waiver. The waiver allows the immigrant to apply to remove the condition on his or her green card without the assistance of their spouse. There are currently three different ways or grounds to apply for a waiver:
(1) good faith or bona fide marriage ground (if your divorce is final at the time of filing);
(2) extreme hardship (to the immigrant if deported to their original country); or
(3) extreme cruelty (proving that the immigrant suffered physical, emotional, or financial abuse from their spouse)
CIS allows an immigrant to apply for any number of these grounds on the same petition. Waivers are generally more difficult to have approved. If an immigrant files a waiver, the current policy is that an interview will be required. If you file a joint petition and depending on the evidence submitted, an interview may not be required.
If an immigrant fails to file for either a waiver or to file a joint petition with the spouse within the 90 day period, the green card will be terminated.
Once a CIS receipt notice is received from CIS, the immigrant will have proof that his or her green card is still valid for another year or until the case is decided, whichever comes first. If the case is still not decided within a year, the green card will be extended for another year and will be extended on an annual basis until the case is decided.
A remaining concern for many immigrants is what happens to their eligibility to apply for U.S. citizenship, especially if the immigrant does not stay with their spouse and instead files a waiver petition on their own. If the immigrant receives their green card through marriage and is still living with their husband or wife 3 years after the green card is initially issued, the immigrant will be eligible to apply for U.S. citizenship, even if the joint petition to remove the condition on the two year green card has not yet been decided. Actually filing for U.S. citizenship will speed up the process of CIS deciding the conditional residency issue, as conditional residency will no longer be an issue if a person has already received U.S. citizenship.
If an immigrant is applying for a waiver because he or she is divorced or for any other reason is not not living with the spouse anymore, then the immigrant will be eligible for citizenship after 5 years in lawful permanent residency status. The one exception to this is if a waiver is approved based on the �extreme cruelty� ground, which requires the immigrant to show that s/he suffered physical, financial, and/or psychological abuse from their spouse. If approved on this ground, the immigrant will be eligible to apply for U.S. citizenship in 3 years, even if not living with the abusive U.S. citizen spouse.
Before deciding whether to stay in a bad marriage, an immigrant must address their available options under both the waiver provisions and the joint petition provisions of the Immigration and Nationality Act. An immigration lawyer may be in the best position to help an immigrant flush out the potential advantages and disadvantages of choosing a particular route and many consultations with immigration attorneys throughout the U.S. are given free of charge.
The most important concern remains for immigrants to ensure that a close eye be kept on the expiration date of their conditional green card and not let it expire before seeking legal assistance. To learn more about conditional green cards, visit the U.S. Citizenship & Immigration Services� website at www.uscis.gov, for a general overview.
Applications for the 2010 Diversity Visa Lottery Program will be accepted from October 2 to December 1, 2008. Entries for the DV-2010 Diversity Visa lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Thursday, October 2, 2008, and noon, Eastern Standard Time (EST) (GMT-5), Monday, December 1, 2008. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon, EST, on December 1, 2008.
The Congressional mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State and provides for a class of immigrants known as “diversity immigrants.” There is a maximum of 55,000 Diversity Visas (DV) each fiscal year to be made available to persons from countries with low rates of immigration to the United States.
The annual Diversity Visa program makes visas available to persons meeting the simple, but strict, eligibility requirements. A computer-generated, random lottery drawing chooses selectees for Diversity Visas. The visas are distributed among six geographic regions, with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the U.S. over the past five years. Within each region, no single country may receive more than seven percent of the available Diversity Visas in any one year.
For DV-2010, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years:
BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.
Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
For DV-2010, Russia has returned to the list of eligible countries. Kosovo has also been added to the list of eligible countries. No countries have been removed from the list of eligible countries for DV-2010.
The US government will be accepting completed applications from October 3, 2008 through December 2, 2008. Allow MyUSGreenCard to help you prepare your applications and make sure you have completed all the nessecary requirements.
The U.S. Government will release the exact dates during the month of October 2008. No paper entries will be accepted for the DV 2010. This means all applications must be submitted electronically in order to be submitted.
New questions and other information have been added to the DV 2010 application in order to gather more information on applicants.
• Country where you currently live today? • What is the highest level of education you have achieved, as of today? • “Legally Separated” replaces the term “Separated” used in previous DV programs as an option under the question “What is your marital status?” Legal separation means that a court has formally declared that you and your spouse are legally separated. Legal separation means that your spouse would not be eligible to immigrate as your derivative.
Diversity Visa Program Or DV lottery or Green card lottery program is now running.Many people from all over the world now applying for DV LOTTERY.It's a great opportunity for you also so get the advantage today.Apply now for DV LOTTERY TOTALLY FREEclick Here For DV Instruction . Now you have to see about Photo informatiopn before applying.Because it is a most important thing for DV LOTTERY.If anyhow your picture is disqualified then you will never can be select as a DV winner even your application was ok. PHOTO INSTRUCTION FOR DV LOTTERY:
Photo Requirements
The submitted image must adhere to the following specifications. Photographs submitted must be a recent photograph, taken within the last 6 months. Please be advised that failure to comply with any of the following requirements may result in disqualification from the lottery.
Image Acquisition
The image file may be produced by acquiring an image with a digital camera or by digitizing a paper photograph with a scanner.
Digital enhancement or other alterations or retouching are not permitted.
The original aspect ratio of the image must be preserved. (No image stretching is allowed.)
Compositional Specifications
Content
The image must contain the full face, neck, and shoulders of the entrant in frontal view with a neutral, non-smiling expression and with eyes open and directed at the camera.
The image must not contain any parts of the body below the entrant's shoulders.
The image must not include other objects or additional people.
Entrant must be vertically oriented in the image.
The image must be from a recent (within 6 months) photo of the entrant.
Head Position
Subject must directly face the camera.
Head must not be tilted up, down, or to the side.
The head height (measured from the top of the head, including the hair, to the bottom of the chin) must be between 50% and 69% of the image’s total height. The eye height (measured from the bottom of the image to the level of the eyes) should be between 56% and 69% of the image's height. The diagram below shows these measurements on a correctly-proportioned image.
APPLY NOW FOR DV2010 :Here is the link bellow for a[pying the DIVERSITY VISA LOTTERY PROGRAM 2010.APPLY NOW FOR FREE DIRECT FROM USA STATE GOVT. WEBSITE.lINK IN BELLOW 1. APPLY STANDERED ENTRY APPLICATION
Green Card Application - Then and Now Green Card is more like a permission to stay and work in the United States of America. Also known as the Permit card or Permanent resident card, Green Card acts as an identity proof for an individual and allows him/her all the residential rights of USA. The benefits offered by Green Card to its holders have helped in making Green Card quite popular amongst all. Green Card may not offer a citizenship to an immigrant but leads him/her closer to the process, thus acts as a platform to enter United States. Green Card is quite different and similar to a work permit. While the Green Card may allow a person to legally work and reside in United States, obtaining it wasn't that easy. Today things are quite different and flexible when it comes to applying for green card. Earlier the only way to attain a Green Card was to find someone who would sponsor you for this permanent resident card. Once you found a sponsor, which could be either a relative residing there or an employer, you had to apply for your Green Card at the U.S embassy. Back then applying for Green Card was also difficult for the reason that the process was manual and took long time, with large number of papers and formality involved. One has to meet any one of the category set to qualify for this permanent resident card, such as you have to either be an immediate relative of a citizen of united states or any other family member of that person or you have to be an employee of a company in the U.S or if you are in a refuge or political asylum or if you are someone who has been residing in U.S since 1982 you get Green Card under the IRCA (Immigration Reform And Control Act). Another such category which leads one towards Green Card is the Green Card lottery.
Today applying for a Green Card is quite easy and not that time consuming. Green Card lottery is one such method that has been introduced by USCIS. The process is also called diversity visa program and lets an immigrant apply for his or her Green Card by simply filing and submitting the application form. This is a simple lottery procedure in which the names selected randomly are offered the permanent resident card or green card, but one can only take part if he or she meets the conditions as set by the United States government. What makes the application process for Green Card different and simpler today is the fact that now it's Electronic i.e. filling up of forms to submitting all the paper work, everything is now done on the internet. Also, with new laws being implemented today, a person does not have to wait for months and months for his green card, as all the major FBI checks that takes time are followed later on and a person gets his or her permit followed by the necessary and priority checks, which do not take too much time. There have been a lot of changes in the Green Card application process, as the years passed by to the current Web savvy times. The process then and now differs a lot in the ease and complication level of the application procedure as well as time consumed, with the current one being all technology based and full of easy options. For More--http://www.americangreencard.com
For every USA Citizen needed to apply for a visa for coming in Bangladesh.Not only for USA Citizen all over the world it's needed.When you want to make decision to go out another country.
So now take a look what you need to do for making a VISA from USA for coming in Bangladesh.
Note: Since regulations may change at short notice, check details with the Embassy or High Commission. Restricted entry: The government of Bangladesh refuses admission and transit to nationals of Israel. PASSPORTS: Passport valid for 3 months after departure required by all. VISAS: Required by all except the following:
Nationals of Antigua & Barbuda, Bahamas, Bhutan, Dominica, Fiji, Gambia, Grenada, Guinea-Bissau, Jamaica, Guyana, Honduras, Lesotho, Malawi, Maldives, Montserrat, Papua New Guinea, St Kitts & Nevis, St Lucia, St Vincent & the Grenadines, Seychelles, Solomon Islands, Uruguay, Vatican City and Zambia for stays of up to 90 days;
Transit passengers continuing their journey the same for first connecting aircraft provided holding valid onward or return documentation and not leaving the airport;
Tourist and business travelers arriving at Zia, Dhaka and Patenga international airports provided holding return air tickets may be granted 'landing permission' by the Chief Immigration Officer for stays of up to 15 days.
Note: Bangladeshi nationals holding dual citizens need not have a visa provided their passport is stamped with "No Visa Required". Types of visa and cost:Enrty, Visit, Tourist and Business.
Visa fee for US Citizens is $21. Please enquire at any Bangladesh Mission in the United States for visa fee for nationals of other countries
he following nationals can get their visas free of charge: Bhutan, Bolivia, Botswana, Gabon, Guinea, India, Iran, Japan, Namibia, Paraguay, Sri Lanka, Sweden, Tanzania, Tonga and Trinidad & Tobago.
Validity: Single-entry: 6 months from date of issue for stays of up to 90 days. Double-entry: months from date of issue. Multiple-entry: 6-12 months from date of issue. Stays are for a maximum of 90 days each. Application to: Consular Section at Embassy or High Commission (see Embassy Section) Application requirements:
Valid passport.
2 completed application forms. (see below)
2 passport photographs.
Fee.
Letter of employment or other relevant letters for business and conference trips.
Working days required:
24 hours for single-entry visas; 48 hours for other types of visa. 7-10 days for postal applications.