As an employer, you may require the services of a foreign national to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or nonimmigrant classification.  You may chose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee. The links to the left provide information on how to petition and the different eligibility categories.

Employees

No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You may seek an immigration classification that permits you to live and work in the United States permanently or temporarily. In most instances, your employer or potential employer must petition for you. In the links to your left, you will find more information about coming to the United States to work temporarily or permanently and the many different eligibility categories for working in the United States.

U.S. Federal Tax Information

Employers who employ foreign workers may be subject to special U.S. Tax withholding rules.

Aliens employed in the U.S. may have a U.S. tax obligation.  Please see the Internal Revenue Service (IRS) for more information.

• Taxation of Resident Aliens
• Taxation of Non Resident Aliens

Additional Information

• General employer information:  1-800-357-2099

Spouses and Children Seeking Dependent Nonimmigrant Classification

Spouses and children who qualify for dependant nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.

Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status.  Please see the Form I-539 instructions for further information on filing procedures for this application.

Federal U.S. Tax Information

Aliens employed in the U.S. may have a U.S. Tax obligation. See the Internal Revenue Service (IRS) for more information.

¹ Only a few nonimmigrant classifications allow you to obtain permission work in this country without an employer having first filed a petition on your behalf.  Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications.

² The H-1C nonimmigrant classification expired on December 20, 2009.

³ E and L dependent spouses may apply for employment authorization.

⁴ Though the Immigration and Nationality Act (INA) does not provide a specific nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.

Contact the New Jersey Immigration Attorneys at Garces & Grabler, P.C.

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Temporary (Nonimmigrant) Worker

A temporary worker is an individual seeking to enter the United States temporarily for a specific purpose. Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued.

Permanent (Immigrant) Worker

A permanent worker is an individual who is authorized to live and work permanently in the United States.

Students and Exchange Visitors

Students and exchange visitors may, under certain circumstances, be allowed to work in the United States. They must obtain permission from an authorized official at their school. The authorized official is known as a Designed School Official (DSO) for students and the Responsible Officer (RO) for exchange visitors.

Information for Employers & Employees

Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. Individuals, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

Temporary Visitors for Business

To visit the United States for business purposes you will need to obtain a visa as a temporary visitor for business (B-1 visa), unless you qualify for admission without a visa under the Visa Waiver Program. For more information on the topics above, select the category related to your situation to the left.

Contact the Immigration Attorneys at Garces & Grabler, P.C.

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Final Day to Register: January 18, 2011
TPS Expiration Date:  July 22, 2011
TPS Designation Date:  January 21, 2010

USCIS is re-issuing extended EADs with the expiration date of July 22, 2011 to the impacted cardholders. You will receive the new card before the expiration of your current one. You do not need to file a new Application for Employment Authorization (Form I-765) or take any other action.  Until you receive the corrected document, please continue to use your current EAD as proof of your work authorization.

When you receive your extended EAD with the expiration date of July 22, 2011, please discontinue use of and destroy the EAD with the expiration date of July 22, 2010.

For guidance and information on USCIS’s response to the earthquake in Haiti, please visit www.uscis.gov/haitianearthquake. For additional information, applicants may also contact USCIS at 1-800-375-5283 or visit www.uscis.gov.

Contact an immigration attorney in New Jersey

More immigration information

The 11 newly designated countries join 28 countries previously designated as eligible to participate in these programs.

They are:

1. Croatia
2. Ecuador
3. Ethiopia
4. Ireland
5. Lithuania
6. The Netherlands
7. Nicaragua
8. Norway
9. Serbia
10. Slovakia
11. Uruguay

The initial lists of participating countries for the H-2A and H-2B programs—published in December 2008—expired on Jan. 17 and 18, respectively. After consulting with Secretary of State Hillary Clinton, Secretary Napolitano determined that the 11 newly designated countries meet the standards required for participation in the H-2A and H-2B programs. The new combined list was published Monday in the Federal Register.

On a case-by-case basis, DHS may allow a worker from a country not on the participating country list to be eligible for the H-2A or H-2B program if such participation is in the interest of the United States.

For more information, visit www.dhs.gov.

How to qualify

Note: There will be potential scams by non-attorneys looking to take advantage of Haitian nationals, so it is important to utilize experienced TPS immigration attorneys in order to ensure that your filing is performed in a timely and proper manner.

Last month, the Departments of State and Homeland Security announced that the new passport card was in full production.   The new card provides a less expensive and more portable alternative to the traditional passport book, and will expedite document processing at United States land and sea ports-of-entry for U.S. citizens traveling to Canada, Mexico, the Caribbean, and Bermuda.

While the new card is more limited in its uses for international travel (e.g., it may not be used for international air travel), it is a valid passport that attests to the U.S. citizenship and identity of the bearer.  Accordingly, the card may be used for the Form I-9 process and can also be accepted by employers participating in the E-Verify program.

The passport card is considered a “List A” document that may be presented by newly hired employees during the employment eligibility verification process to show work authorized status. “List A” documents are those used by employees to prove both identity and work authorization when completing the Form I-9.

For more information about working in the United States, visit our website at www.GarcesGrabler.com.

For immediate assistance with your immigration issues, call 1-866-951-2860 to schedule an appointment with an immigration attorney.

Do I need to complete a Form I-9 for everyone who applies for a job with my company?
No. You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is “hired” when he or she begins to work for you for wages or other compensation.

I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is “remuneration”?
Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.

Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

What happens if I properly complete a Form I-9 and the ICE discovers that my employee is not actually authorized to work?
You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee.

What is my responsibility concerning the authenticity of document(s) presented to me?
You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. You may contact your local ICE office for assistance. To get the address and telephone number of the ICE office nearest you.

May I accept a photocopy of a document presented by an employee?
No. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.

For more information about Immigration Law, visit our website at www.GarcesGrabler.com

For immediate assistance with your immigration needs, call 1-866-951-2860 to schedule an appointment with an immigration lawyer.

After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit.

USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.

Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt.  If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service.  In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition.  Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.

For immigration help contact the immigration lawyers at Garces & Grabler.

For more information about immigration law, visit our website at www.GarcesGrabler.com.

Premium Processing Service provides faster processing of certain employment-based petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the Premium Processing fee and the relating case will continue to receive faster processing.

The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for Premium Processing Service, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.

Who is eligible?

The chart below sets forth the forms, designated classifications within each form type, and current availability and termination dates for premium processing service.

* The availability date is the date that the classification was initially deemed eligible for Premium Processing Service.

** The termination date reflects the last day that USCIS accepted filings requesting that specific classification. If a date is entered in this column, that classification is currently ineligible for filing because of cap restrictions or other processing restrictions.

*** In August 2005, USCIS’ Office of Fraud Detection and National Security completed a Benefit Fraud Assessment (BFA) for Religious Worker Petitions. (See “Related Links” on this page for a link to a summary of this Assessment.) The BFA revealed a 33 percent fraud rate.  Because of these results, and to ensure the integrity of the religious worker program, USCIS now conducts additional system checks and in most instances also a site visit of the petitioning organization, prior to adjudication. Given these additional processes, USCIS has determined that it cannot guarantee the issuance of either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt of a petition for nonimmigrant religious worker.

On November 28, 2006, USCIS temporarily suspended Premium Processing Service for Aliens in a Religious Occupation which is filed on Form I-129, along with the Q-1 and R-1 Classifications Supplement. USCIS is extending the suspension for another six months, with an expiration date of December 18, 2007.  This is being done because USCIS’s first and foremost mission is to ensure integrity in the adjudications process.  In the future, if USCIS is able to properly process these cases within fifteen calendar days of receipt, the Form I-129 requesting R-1 nonimmigrant visa classification will once again will be available for Premium Processing Service.  USCIS may prescribe additional conditions of availability on Premium Processing Service for religious worker petitions.  Alternatively, USCIS may publish a Federal Register Notice permanently removing the R-1 nonimmigrant visa classification from eligibility for Premium Processing Service.

For additional information relating to the Current Cap Count for Non-Immigrant Worker Visas, use the related link on this page.

May the beneficiary of a visa petition seek Premium Processing Service?

No, except in cases where the petition is eligible to be filed as a self-petition (i.e., the petitioner and the beneficiary are the same). Otherwise, only the visa petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the visa petitioner, may request Premium Processing Service for designated visa petition adjudications. The petitioner, attorney or representative, or beneficiary may pay the $1,000 Premium Processing fee, but the beneficiary cannot sign or file the Form I-907.

How do I verify that I am using the current version of the form?

If you are already in possession of a Form I-907, please use the Form I-907 webpage (in the Related Links section of this page) to verify that your version of Form I-907 is still current. This can be done by comparing the Forms and Fees webpage which includes the “edition” date that USCIS is currently accepting and the edition date on your Form I-907. The edition date, which is referenced as (Rev. xx/xx/xx) is located in the lower right corner on every page of the form and instructions. If the edition date on your Form I-907 matches the date or dates, if applicable, on the Form I-907 webpage, your version of Form I-907 is current and will be accepted by USCIS. If there is a designation “N” shown after the edition date on the Forms and Fees webpage, please note that USCIS will not accept any other editions of the form.

How do I file a request for Premium Processing Service?

You must complete and sign Form I-907, Request for Premium Processing Service, in accordance with the instructions on the current version of the form. You must file the concurrently filed Form I-907 with Form I-129 or Form I-140 at the Service Center designated as the appropriate filing location on the instructions to the Form I-907. If you filed Form I-129 or the Form I-140 and you now wish to request Premium Processing Service, file Form I-907 with the Service Center where the Form I-129 or Form I-140 is currently pending. Submit a copy of the Form I-129 or Form I-140 filing receipt. If you received a transfer notice, it is very important that you include a copy of it and that you submit your filing to the transfer location. If a petitioner or applicant erroneously filed a concurrent or standalone Form I-907 relating to a Form I-129 or standalone relating to a Form I-140 petition at the wrong service center, USCIS will not reject the filing, but instead will forward the filing to the correct service center having jurisdiction over the petition or application. For these incorrectly filed Forms I-907, the 15 calendar day period will start on the date the file is received at the correct service center as indicated in the Form I-907 filing instructions. Any Form I-907 premium processing requests that are filed concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition will be rejected by USCIS.

Are there any additional conditions of availability being placed on the Premium Processing Service at this time?

Yes. USCIS will accept Form I-907, Request for Premium Processing Service, either together with the Form I-140 petition or after the filing of the Form I-140 petition through the mail only. E-filing the Form I-907 will not be available. To facilitate USCIS’ determination of whether a particular filing meets the conditions of availability for the service, see 8 CFR 103.2(f)(2).

Form I-907 premium processing service requests may be rejected if the filing fails to clearly establish the conditions of availability and/or is:

Incorrectly submitted concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition;

Premium Processing Service is available for the select category of cases noted above for the Form I-140 classifications indicated on the chart above provided that the case does not involve:

A second filing of a Form I-140 petition while an initial Form I-140 remains pending;

Labor certification substitution requests;

Duplicate Labor certification requests (i.e., cases filed without an original labor certification from the Department of Labor), and;

A Form I-140 petition in which a final decision has been made.

USCIS is prescribing these additional conditions of availablility on Premium Processing for Form I-140 because of their special processing requirements, including locating and transferring other files or documents internally and requesting initial evidence from an outside agency, that make it difficult for USCIS to guarantee that it will process the case within a 15 calendar day period.

What is the fee for this service?

The fee for this service is $1,000. The Premium Processing Service fee may not be waived. In addition to the Premium Processing Service fee, all other filing fees relating to the specific form(s) for which you are requesting Premium Processing Service must also be submitted. The Premium Processing Service fee must be submitted in a separate check or money order. The petitioner, attorney or representative, or beneficiary may pay the $1,000 Premium Processing Service fee, but the beneficiary cannot sign or file the Form I-907. If e-filed for a request for Premium Processing Service for an eligible Form I-129 petition, USCIS accepts credit card, debit card, or electronic transfer of funds from a checking or savings account from a U.S. bank.

Are there any additional benefits to the program?

Yes. USCIS has provided not only a unique mailing address for its Premium Processing Service customers, but it has also established a special phone number and e-mail address for each of the Service Centers. These special communication channels will be available only to Premium Processing Service customers.

USCIS is also collecting, on the Form I-907, your phone number, fax number and e-mail address so that we can send you (the petitioner or attorney) an automatic e-mail notifying you of the receipt of your Form I-907, Request For Premium Processing Service. If the underlying form for which you requested Premium Processing Service is approved, we will send an automatic e-mail notifying you of the approval. It is important that you provide this information so that USCIS may correspond with you in the most appropriate manner.

In addition and at no additional cost, USCIS will strive to provide faster processing of Form I-539 applications filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.

Does this program have any effect on the USCIS’ previous expedite practices?

Yes. In general, the discretionary expedite requests will no longer be available for those classifications designated as eligible for Premium Processing Service. However, petitioners designated as not-for-profit entities by the Internal Revenue Service have the choice to request discretionary expedited service as they have in the past or they may choose to pay the Premium Processing fee and utilize that service. If the criteria for a discretionary expedite are not met, the not-for-profit petitioner still has the option of requesting of Premium Processing upgrade by filing Form I-907 with fee.

How will the USCIS manage those categories that have an annual limit in relation to this faster processing?

USCIS does not believe that individuals who pay for Premium Processing Service on petitions filed for nonimmigrant classifications that are subject to annual limitations will have an unfair access to these limited immigration programs.

For cap-subject H-1B and H-2B petitions, USCIS will apply a random selection process to all petitions (whether or not Premium Processing Service is requested) received on the date when a sufficient number of petitions have been received to reach the applicable numerical limit (“final receipt date”). Petitions that are accepted through this random selection process are adjudicated to completion. For H-1B cases, USCIS will return the fees to the petitioner and hold the cases that were filed ON the cut-off day but were not selected in the random process. This way, if USCIS does not use all of the projected H-1B1 Singapore/Chile cap cases (which count towards the H-1B cap), additional H-1B cap cases will be taken in order from the list of cases that were held. Those petitioners will then be notified to re-submit the fees. All H-1B cap cases filed AFTER the cut-off day are rejected along with the fees.

Cases subject to the H-2B cap that were not selected in the random process, and H-2B cases that were filed AFTER the cut-off day are rejected along with the fees. Unlike the H-1B cap cases, there is no need to hold the H-2B cap cases that were not selected because there are no special provisions that apply to the H-2B cap cases like there are with the H-1B cap cases, i.e. H-1B1 Singapore/Chile cap cases.

In order to ensure equitable access to other cap-subject nonimmigrant classifications to which USCIS does not currently apply a random selection process, USCIS will temporarily terminate the availability of Premium Processing when it becomes clear that the demand will exceed the annual numerical limitation (e.g., when the USCIS has a pending volume of petitions sufficient to reach the limitation). This termination of procedure will ensure that all petitioners have equitable access to these limited immigration programs.

Can I contact a USCIS Service Center if I have not filed a request for Premium Processing Service yet but have questions about the program?

No, you cannot contact the Service Centers directly unless you have already filed Form I-907, Request for Premium Processing Service, for the underlying Form I-129 or Form I-140. The Premium Processing toll-free phone number and e-mail addresses listed on Form I-907 are dedicated only to customers who have already submitted a request for Premium Processing Service. If you have not requested Premium Processing Service, you can call the Customer Service toll free phone number at (800) 375-5283 for general information about the program.

How do I contact the Service Center concerning the Premium Processing request that I filed?

The unique mailing address for each of the Service Centers is listed on the instructions to the Form I-907. Additional contact information for each Service Center will be provided to you on your receipt notice and will also be provided on this Website.

If you have already filed a Request for Premium Processing Service and you need to contact the Service Center, call the Premium Processing Toll Free phone number at 1-866-315-5718. You will need to have your receipt number when you call, because this phone number is only for inquiries relating to Premium Processing Service.

How can I get the results of the adjudication faster?

You can include a postage paid and self-addressed courier delivery slip with the Premium Processing Service request and it will be used to return the results of the adjudication.

For help with your immigration needs, contact the immigration attorneys at Garces & Grabler.

For more information about immigration law, visit www.Garces&Grabler.com