Immigration News & Article

The "Rabbit Theory" in a slow economy.

EAD is a document from the USCIS to authorize an alien to work in the U.S. for a period of time, usually one year. Also, it is called a work permit.

O-1 Status is a nonimmigrant status category for aliens of extraordinary ability in the sciences, arts, education, business, or athletics. This is an employment related status that allows qualified aliens to live and work in the United States.

K visa is issued to two groups of people: 1) U.S. citizens' fiancés who are outside the U.S. They will be issued K-1 visas, and 2) U.S. citizens' spouses who are outside the U.S. They will be issued K-3 visas.

Effective September 4, 2001, new regulations permit employers to request, in certain circumstances, Labor Certification applications that are filed for U.S. permanent employment on or before August 3, 2001, be processed as an RIR request.

The H-1B category is designed to attract skilled professionals in a specialty occupation to work in the U.S. on a temporary basis.

An "Outstanding Researcher or Professor" EB-1(b) petition is for those who are internationally recognized as outstanding in a particular scientific or scholarly field.

An Alien of Extraordinary Ability or EB-1(a) classification applies to aliens who can demonstrate that they "have risen to the very top of their field of endeavor." To establish that he/she is a top member within their respective field, evidence of receipt of an internationally recognized award is accepted.

A NIW petition falls into the employment-based immigration second preference category. Normally, to file an employment-based second preference petition, Labor Certification approval is generally a prerequisite. However, a National Interest Waiver (NIW) petition requests that the otherwise required U.S. job offer requirement be waived for the sake of "national interest.".

A Third Country Visa is a process whereby an alien, who is already in the US, can apply for a non-immigrant visa with a US Consulate located in Mexico or Canada.

Labor Certification and a job offer are required for these two categories unless the job offer is waived by the USCIS in the national interest, or the job fits in a Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program.

A Labor Certification is a complex process that a U.S. employer seeks a Labor Certificate from the U.S. Department of Labor for the benefit of a prospective alien employee.

What is the difference between a Labor Certification and a RIR?

A J-1 Visa is a non-immigrant visa available to aliens that fall under the designation "Exchange Visitor".

What is a visa? What is a status? The difference between visa and status.

Visa Revalidation is the process whereby certain individuals may renew their visa without leaving the United States.

The Premium Processing Program began on July 30, 2001. For an additional fee of $1,000, USCIS will approve the petition, deny the petition, or make a request for additional evidence within 15 calendar days. USCIS will refund the $1000 fee if it does not adjudicate a case within the required 15 calendar day period.

I am in H-1B status now but have been laid off by my employer. How long is the grace period that allows me to keep legal status? I am in H-1B status now. If I am laid off, what must I do if I want to remain in the U.S.?

Consular Processing is the process in which the beneficiary of an immigration petition (either family based or employment based) is outside the U.S. and applies for an immigrant visa at a U.S. consulate overseas.