Articles Posted in Immigration

Employer-sponsored Temporary U.S. Work Visa

Emilia is a successful owner of a 5-star Peruvian restaurant in Port Chester, NY located in Westchester County. Her world famous head chef, Toby, studied under a renowned Peruvian master chef and has encountered an unexpected event. He will not be able to work for one year or more. What is Emilia to do? Its not like she can find another chef to replace Toby in the Yellow Pages. Toby has special qualifications and finding a suitable U.S. replacement will be difficult, if not nearly impossible. A temporary U.S. work visa (H2B) may be the perfect solution for Emilia.

An employer-sponsored temporary US work visa, H2B (H-2B), is one of six of the H visas. The H visas are appropriate for a situation where an employer has a temporary U.S. job and cannot find a suitable or qualified US employee fill the position. In this case, the employer will locate a willing, able and qualified foreign national for the position and will petition for him or her to come to U.S. to work temporarily. The five other H visas are: H1B (H-1B), H1C (H-1C), H2A (H-2A), H3 (H-3) and H4 (H-4).

In particular, the H2B visa is a non-immigrant visa for a foreign worker who will be employed with a temporary or seasonal non-agricultural job in the US.

DACA

Donald Trump campaigned hard to become president-elect and achieve his goal of becoming the next President of the United States. His entire campaign was controversial, but one idea more so than others caused a divide and issuance of strong viewpoints: immigration.

Pre-election, Donald Trump voiced and advocated his immigration plan that would include building a border wall, suspending visas, deportations and an undoing of prior Administration enactments, such as DACA.

Many undocumented or illegal immigrants were left, and are still, wondering what their future holds: Will Donald Trump deport all illegals? Will Donald Trump’s immigration policies affect my job? If Donald Trump ends DACA, what will that mean for me?

passport and flagOne of the biggest issues discussed during the 2016 presidential election was immigration. In 2015, the United States accepted roughly 85,000 refugees. Now that the results are in, there are still countless individuals who are concerned about how immigration laws may change under President-Elect Trump, especially when it comes to asylum law. According to existing federal immigration law, there are many basic protections that individuals seeking asylum are afforded. These protections originated in international law and were eventually incorporated in U.S. law.

Based on these provisions, the United States must provide an asylum hearing to an individual who fears persecution based on race, religion, nationality, political opinion, or membership in a certain social group. Many individuals fear that the process for seeking asylum will be changed or that individuals who entered the United States legally based on asylum will be required to leave. Individuals who have already been granted asylum are entitled to maintain their status unless Congress passes a new law that changes the existing system.

If Congress attempted to change the existing asylum laws, it would most likely be a lengthy and difficult process. Part of the process would require the United States to withdraw from certain international agreements, including the Protocol Relating to the Status of Refugees, the United Nations Convention Relating to the Status of Refugees, and the Universal Declaration of Human Rights. In prior presidential administrations, the president has sought the Senate’s consent and approval before withdrawing from a treaty.

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You are not a U.S. citizen, permanent resident nor have a United States Visa, but would like to come to America. What are your options? Usually a person wishing to come to the U.S. who has no ties to the country must first obtain a visa. There are many different types, or classifications of visas, but specifically being discussed are H Visas, H1B, H1C, H2A, H2B, H3 and H4, to work temporarily in the United States (U.S.).

What Is a H Visa?

First, it is helpful to know what is a H Visa. H Visas are a type of employer sponsored work visas and are issued or granted by the U.S. Citizenship and Immigration Services (USCIS). They are classified as nonimmigrant or temporary. What does this mean? It means that the person to whom the petition applies is not looking to permanently work in the United States. The person’s intention is to temporarily work the U.S. and then return to his or her home country.

immmigration-rallyTAKEN ADVANTAGE OF

Shameless. That’s a good adjective to describe those who prey on and victimize undocumented persons. As awful as it is, immigrants, or undocumented persons, are often easy targets, especially when it comes to helping them gain legal status in the United States. They’re easy targets because they’re unlikely to report injustices done to them out of fear of retaliation or deportation.

The experience Braulio, an undocumented person, is all too familiar. He’s a hard working laborer who hired an individual he believed to be an immigration lawyer to secure a green card for his family. It turns out that the person he hired was not an attorney. Consequently, his case was mishandled and he lost $20,000. For reasons like this, it’s imperative to choose the right person to handle an immigration case.

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