Many US companies find that hiring immigrant workers is one of the best ways to fill labor shortages.  To do this, some companies will need to try to secure an H-1B visa for the desired employee. Other companies will need to hire employees who qualify for EB visas: priority workers, professionals with advanced degrees, persons with exceptional ability, professional or skilled workers, or special immigrants. H-1B visas are only available to individuals who hold a specialty occupation, defined as an occupation requiring a bachelor’s degree or equivalent in the specialty of choice.  The major difference between the two is an H-1B program is a temporary program where as the EB program lets the holder stay for 2 years before allowing them to adjust to LPR status. How long does an H-1B visa last? An H-1B visa is valid for up to 3 years and is renewable for an additional 3 years, for a maximum of 6 years.  How many H-1B visas does America issue each year? America issues 85,000 visas in total. 20,000 of these are issued under the H-1B advanced degree exemption. There are several more issued to non-profit research institutions, which are exempt from the cap.  How long does processing take? Processing takes up to 6 months, though it is possible to pay for a 15-day expedited application.  What are the requirements for a company to sponsor an immigrant? The company must be able to show that the duties they’re hiring for truly require the advanced degree. They must pay the same type of wage to the immigrant that they’d pay to a US citizen.  They must also offer notice that the employer is seeking to employ H-1B visa holders. If there are union employees on site they must provide a notice to the collective bargaining representative.  The employer  must also apply for a Department of Labor certification that lists all the places of intended employment, and that the hire will not adversely affect other workers. The company must then enter the lottery to be one of the companies granted the right to enter the H-1B lottery. Can I sponsor my worker for a green card? Yes. Employers may elect to become a sponsor by filing Form I-140. They may file only for employees who qualify under EB-visas. This petition allows your employee to apply for lawful permanent resident status using Form I-485.  The petition shows you have the intent to hire the employee upon approval.  How much does it cost to sponsor an immigrant worker? It can cost between $5000 to $10,000 when you factor in filing fees, attorney’s fees, and other costs. For the employers who need the help of foreign workers, the costs are well worth it. If you would like qualified legal help to ensure that you get the foreign employees you want, contact our office today. We have helped thousands of employers bring over the highly qualified foreign workers they need to meet their staffing needs. See also: What is the Foreign Entrepreneurs Program? Do Immigrants Have to Pay Taxes? 4 Steps to a Smoother Immigration Process  

On March 31, Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA), legalizing recreational marijuana use for New York state residents. That’s good news for citizens, but those seeking immigration benefits should avoid taking advantage of all the new cannabis stores which will no doubt be cropping up throughout the state. Even working for a marijuana dispensary could render you ineligible for immigration benefits.  It’s confusing, but here’s the divide. State law makes marijuana legal, but it’s still illegal under federal law. Most citizens can use marijuana recreationally in our state borders without ever worrying about getting arrested for it, but immigration remains a federal matter. That means you’re bound by the laws of the nation, not by the state you’re living in.  Your green card or visa application can be denied if: You fail a drug test while inside the borders of the United States. You work for a marijuana-related business, even if you don’t handle the marijuana in any way. You use marijuana or are found in possession of marijuana, even “medical” marijuana.  You make political statements on social media in support of marijuana legalization. You have ever been arrested or charged for marijuana use.  See the Immigration and Nationality Act Section 212(a)(2)(A)(i)(II). Some immigrants have even been charged with drug trafficking after accepting employment with a cannabis company, and have been deported as a result.  What if you’ve used marijuana in your own country, where it’s legal? The Embassy may require you to go on a one year plan where you do not use it, and then take a drug test before you’ll be allowed to receive a visa. If you’ve used marijuana within the borders of the United States you should not lie on your application. False statements can be uncovered, often with relative ease, and they can be used to deport you.  Instead, you should disclose your marijuana use or involvement directly to your immigration attorney. In some cases you can be granted a waiver, though your last incident needed to have occurred 15 years before you applied for admission so that you can be deemed “rehabilitated.” When you are “rehabilitated” USCIS officials rule that your admission would “not be contrary to the national welfare, safety, or security of the United States.”  It may also be possible to get you a waiver if you have a US Citizen or LPR spouse, child, or parent who will experience extreme hardship if you are denied admission. In the meantime, if you have never used marijuana or worked with marijuana now is not the time to start. Once you are a US Citizen you can abide by state law like other citizens, but until then your situation is far too precarious to risk it. See also: Do Traffic Tickets Impact an Immigration Case? Can a Change in Relationship Status Threaten Your Green Card Application? What Are Your Rights if ICE is At the Door?

Almost every country has some sort of way to earn lawful permanent residency or even citizenship status by investing into that country’s economy. The United States has at times been a rare exception. Still, as of this writing a pathway does exist via the International Entrepreneur Rule. This federal regulation allows for a long-term visa for entrepreneurs who have a 10% stake or more in a startup formed in the United States. The startup must demonstrate it has the potential for rapid business growth and job creation as evinced either by “significant capital investment” of at least $250,000 or “significant awards and grants” of at least $100,000 from federal, state, or local government agencies, or showing “other reliable and compelling evidence” such as admission into competitive start-up accelerators. The visa lasts 2.5 years to oversee and grow the company with the potential for a 2.5 year extension. This is not a direct path to a green card or citizenship, but does open the door for entrepreneurs to perhaps gain a different route through an adjustment of status later.  This program is distinct from the E5 Investor’s Visa program, wherein investors, their spouses, and unmarried children under the age of 21 may apply for a green card if they invest in a commercial enterprise in the United States and manage to create or preserve 10 permanent full-time jobs for qualified US workers.  For one thing, the EB-5 program can be a lot more expensive. 10% investment into a start-up can cost a variable amount, but the EB-5 program requires a standard minimum investment of $1 million or a $500,000 investment in a “Targeted Employment Area (TEA).” A TEA would be an area where unemployment is high; you can use the TEA mapping tool to find current opportunities. For another, the EB-5 program is an actual route to permanent residency. However, if your start-up made a significant amount of money it may offer you the ability to invest those proceeds in a way that makes you eligible for the EB-5 program, as one example of a way that investment in a start-up could play out to result in a green card through an adjustment of status. As with any immigration matter, you are most likely to be successful if you pursue your goals of investment-based immigration by working closely with an experienced immigration lawyer. If you have the means then this can be a wonderful program for helping you achieve your dreams of living, working, and growing your company within the United States of America. See also: In the News: New Application Types Now Eligible for Premium Processing Do Immigrants Have to Pay Taxes?  4 Steps to a Smoother Immigration Process

For a United States citizen, being pulled over in traffic is rarely a huge deal. While it can result in increased insurance rates and even, in some states, a criminal record, for many people traffic stops are somewhat routine. By contrast, traffic stops can create some issues for those who are seeking an immigration benefit here in the United States. Here’s what you need to know. Pulled over when you’re out of status? Be very careful what you say and do here, because if the officer has reason to believe that you do not have legal status in the United States then there is a good chance you will end up in an immigration proceeding. However, in New York you can get a driver’s license even as an undocumented immigrant. If you have your license and registration info ready and do not volunteer immigration information you may emerge from your traffic stop unscathed. Keep in mind that you never have to volunteer information you are not asked for. In addition, you may always invoke your right to remain silent. This does not mean you will not be arrested, but it can provide officials with far less evidence with which to prosecute you. If you are out-of-status it is a good idea to review your rights at ACLU.org.  Have a visa or a green card? For the most part, the act of being pulled over and receiving a traffic ticket is not necessarily going to impact your ability to receive immigration benefits. Traffic tickets neither count as an indication of poor moral character nor do they count as criminal conduct so long as your traffic violation did not constitute a crime in the state where you received a ticket. This does not mean that receiving a ticket looks good or helps your case. It’s always a good idea to work with a traffic attorney to fight the ticket so as to keep that guilty plea or plea of no-contest off of your record.  Do make sure you have resolved all traffic tickets before any upcoming interviews or applications. Answering questions about traffic tickets? This is where a lot of individuals get into trouble while applying for immigration benefits.  Often immigration officials and forms ask about incidents with law enforcement officials, including whether or not you have ever received traffic tickets in the United States. If you’ve paid the ticket or successfully fought the ticket you may have the impulse to just check “no.” Resist this urge. You can be denied just because immigration officials will say that you were lying to them.  Need additional advice?  If you have a traffic ticket or any other encounter with law enforcement in your past it is a good idea to consult with an immigration attorney before attempting to apply for immigration benefits. If you’re not sure whether your run-in with traffic officers may cause you problems feel free to reach out to our offices ot schedule a consultation. See also: 5 Immigration Interview Mistakes The 5 Most Common Immigration Mistakes Can a Change in Relationship Status Threaten Your Green Card Application?

Many immigration benefits come with an interview process that must be completed before you can be approved for the benefit. These interviews are often very stressful. There is also a lot of potential for something to go wrong during the interview process. To make sure your interview process goes as smoothly as possible, you should take steps to avoid making any of the five following mistakes.  #1) Guessing When You Don’t Know an Answer Ideally, you’re going to take as many steps as you can to get as prepared for your immigration interview as you can.  For example, if you’re having an I-130 interview then there are dozens of sites online which list some of the common questions that immigration officers ask. It’s not a bad idea to sit down with your spouse and to quiz each other on these questions so that you can get all of the answers. Some of them are a little bit obscure, and they don’t always pertain to subjects which might come up during the normal course of conversation. Yet even with all of the preparation in the world, there’s a chance you might get hit with a question you don’t know the answer to. It is okay to say you don’t know. It’s better to say you don’t know than it is to take a guess, be wrong, and give the impression that you’re trying to commit fraud. “I don’t know,” alone, is not going to jeopardize your visa application.  Obviously if you’re answering “I don’t know” to every question that’s being asked there’s a problem. One or two “I don’t know answers” are fine, though, and you should feel confident offering them when that happens to be the truth.  #2) Volunteering Information Tend to ramble when you’re nervous? Stop and take a breath before you answer anything. The last thing you want to do is volunteer information. Any information you provide can be used to deny your application. In addition, immigration officers tend to be very busy, and they don’t necessarily want to hear every detail of your life story. Let the immigration officer ask the entire question before you even try to answer. Then answer with a mere yes, no, or I don’t know if that’s all the information that’s called for.  If the question calls for more information than that, then answer the exact question asked and don’t go beyond that. For example, if you’re asked, “How often do you talk to your spouse’s children, and what do you talk about?” Say, “Once a day, right after school. We talk about their day.” Or whatever the answer happens to be. You do not have to list each and every time you ever talked to your spouse’s children, or relay every detail of how the last conversation progressed.  #3) Failing to Bring All Required Documents and Evidence When you receive your Interview Notice you should also receive a full list of all the documents the immigration officer will want to see. You need to assemble all of those documents, in order, and put them in one easily-accessible place, like a binder. If you are missing even one of those documents, your immigration interview can be rescheduled or canceled.  #4) Showing Up Late Another good way to risk having your immigration interview rescheduled or cancelled? Show up late.  It probably doesn’t feel fair. You know you’re probably going to spend up to an hour in the waiting room waiting for your name to be called.  Yet if you don’t check in on time, you’ll still create problems. You should strive to arrive at the immigration office, embassy, or other location up to an hour before your Interview Notice says you have to be there. Give yourself time to find parking. Give yourself time to get through the interview line. You’ll be glad that you did.  #5) Being Rude Immigration officers have a lot of power over your application. They can find an infinite number of ways to make your life harder. It pays to treat them with the utmost respect, from dressing just like you’re going to a job interview to listening respectfully when they speak, saying please and thank you, and adopting a pleasant tone. Be polite, even if the officer is rude to you. Acting entitled or impatient with an immigration officer is going to backfire on you. You’re essentially asking them for help. Do act like it.  Need help? Did you know you can bring an immigration attorney to your interview?  Doing so is another way to make your interview easier, and ensures that the entire process runs a lot more smoothly. Don’t have an immigration lawyer yet? Schedule a consultation today. See also: The Truth About Green Card Marriage 4 Steps to a Smoother Immigration Process What Is Family Immigration and Who is Eligible?