Practical Tips for Foreign Clients
 |
|
| |
|
Positives |
|
|
Negatives |
| |
:: |
Immigrant Visa = "Green Card" = Permanent Residence = Permanent Resident Alien. |
|
:: |
Note: In general, Green Card holders are responsible for paying US taxes on world-wide income. |
| |
:: |
O-1, H1-b, L-1, E-1, F-1, J-1, etc. are Non-Immigrant Temporary Working Visas. |
|
:: |
You cannot change status to a working visa if you are on a visa waiver. You will have to leave the USA and obtain a visa, such as B-1 or B-2 at a US Consulate. |
| |
:: |
You can change from one kind of non-immigrant status to another. For example you can change your F-1 (student visa), B-1 (business visitor) or B-2 ((tourist visa) into an H1-b, L-1 or O-1 (among others). |
|
:: |
If you have an F-1 Visa (unless you receive special permission to work off campus, or are in practical training) you are not allowed (supposed) to work. (Off Campus Internships for credit may be allowed) |
| |
:: |
People with O-1, H1-B, L-1, E-1/E-2, F-1, J-1, etc. may be able to apply for a Green Card while they are in the USA. |
|
:: |
When you have a Non-Immigrant Visa (H-1b, L-1, E-1, E-2, etc.) you are only supposed to work for the person or company set out in your approved application to the CIS and to the Department of Labor. (If you work for someone else, or if your job changes substantially, without first filing an amended petition to the CIS, you have "broken the Immigration Law" and are "out of status") |
| |
:: |
If unable to find a job with an existing US based employer, but want to start your own company, you may be able to obtain an H1-b, or O-1, among others (especially if you have a US Citizen or permanent resident (green card holder) who is going to be the "manager" of the company, and there are sufficient funds to start a viable business (pay salaries, costs of doing business, etc.). |
|
:: |
If you are "out of status" (i.e. worked or working without authorization, overstayed your visa, laid off from your job) in most cases your attorney is not allowed to change you to a new visa status or extend your status without you first leaving the USA. After leaving, an application for a new visa is made to the CIS and you will have to make an additional application at a US Consulate (often limited to your home country) to obtain a new Visa. Note: In certain "extreme" circumstances one can apply to extend one's stay in the USA after expiration due to medical illness or unforeseeable job termination. |
| |
:: |
If you have managed or have worked as an executive for a foreign company for at least one year (over the past three years and want to start a US based branch, or want to work for an existing US based division, you can probably obtain an L-1 Visa and a Green Card. The E-1 or E-2 Investment Visa is also an option for those who want to invest in a new company (or do not meet the one-year requirement for L-1 status). |
|
:: |
The US Consulate can refuse to issue you a Visa, (and can even bar you from returning to the USA for three or even ten years) even though the CIS has already approved your Visa application, especially if the Consular officer has reason to believe that you have been out of status for more than 180 days (i.e. working illegally or over staying your Visa) or when you have even a minor criminal record and did not admit it on the form or during the interview. |
| |
:: |
L-1 status may be possible for certain foreign executives with only six months foreign management experience. |
|
:: |
While you are in the process of "adjusting status" to permanent resident Status (Green Card) whilst in the USA, you must obtain "advance parole" (permission to travel) or you might not get back in this country, or may arrive at the airport only to be sent back home (or even worse: placed in CIS prison and put in removal Proceedings (AKA "deportation") Note: Those folks in valid L or H Visa Status who are in the process of adjusting to Permanent Resident Status need not obtain "advance parole".) |
| |
:: |
Spouses of E's and L's can apply for work authorization after the E or L spouse has received the E or L status. |
|
:: |
Always make sure your Visa is stamped in your passport and is Valid, that is, has not expired, or you may be sent back home after a long flight to the USA (without being allowed to leave the airport). The cost of the "next" flight will be expensive. |
| |
:: |
If you are an "artist" of any kind, (in other words any occupation that could reasonably be considered "art") you may be able to obtain the wonderful O-1 "Extraordinary Ability Visa" by merely showing that you have had a distinguished career. This includes: singer, dancer, actor, cook, sculptor, wine expert, comedian, producer, director, graphic designer, lighting designer, flight master, animal trainer, set designer, choreographer, conductor, coach, arranger, costume designer, etc. No need to be "The Best" in your country. |
|
:: |
Deportation -- currently known as "Removal" is a "free" plane trip back to your home country. Usually you will not be able to come back to the USA (legally) for several years-or maybe forever -- after you have been deported. |
| |
:: |
O-1 Visa holders need not be bound by the one employer limitation and can therefore "free lance" when they are sponsored by a person or corporation acting as an agent. |
|
:: |
Fingerprinting is now mandatory for certain visitors from certain "bad countries" upon entry into the USA (Iran, Iraq, Libya and Sudan and more to come) |
| |
:: |
If you are on a J-1 Visa and are required to go home for two years upon completion, you may be eligible for a waiver, or avoid the two year home residency rule if you qualify for an O-1 Visa. |
|
:: |
Assuming you have a valid working Visa Status in the USA, in the current "reality" it is recommended to always carry a copy of the immigration application and CIS approval notice when traveling--even for travel within the USA--in case one is questioned by CIS or Customs officials regarding "status" in the USA. |
| |
:: |
If you have been unlawfully present in the USA (i.e. remaining in the USA for more than 180 days past the expiration of your visa)(AKA an "illegal alien") you are 100% forgiven by the US government when you marry a US Citizen and your US Citizen spouse sponsors you for a Green Card. You can obtain US citizenship faster than "legal" people who have been sponsored by their employers, etc. even if you worked in the USA illegally or stayed in the USA past the expiration of your visa for many years. This must be a genuine bona fide marriage for love, etc. |
|
:: |
As a result of the severe mass murder attacks on the USA in September 2001, security related issues have led to many changes and policies that are changing on a daily basis. Of course security must now be on everyone's mind and reflected in USA laws. Therefore, all foreign people from all nations my be inconvenienced due to delays in Visa issuance at US Consulates as well as delays at CIS offices in the USA. People from Middle Eastern countries are being required to have their fingerprints taken upon arrival in the USA and also to register at CIS offices periodically if they stay in the USA for certain periods of time. Innocent people are getting "caught up in the net" and are being detained, imprisoned and in some cases placed in deportation proceedings. |
| |
:: |
The "PERM" labor certification process is taking as little as one month (the old process took several years). |
|
|
|
| |
:: |
Clients with proven "extraordinary ability" in their field can sponsor themselves for permanent resident status (without an employer). Labor Certification for these individuals is not required. |
|
|
|
| |
:: |
Persons in H1-b status may start working for a new employer immediately upon filing the new application. In other words, applicants for a new H1-b no longer have to wait in limbo for permission to work (often many weeks to many months) for the CIS to accept the change of employer. |
|
|
|
| |
:: |
CIS Premium Processing (which costs an additional $1000.00 payable to CIS) is working extremely well and usually results in a decision within 1-15 days. |
|
|
|
| |
|
