NJ Immigration.US » Immigration and Employment

Working in the United States – Temporary Visitors for Business

admin — Sun, 23 Jan 2011 21:17:32 +0000

To visit the United State for Business you will need to obtain a Temporary Visitors for Business Visa, unless you qualify for admission without a visa under the Visa Waiver Program.

The table below describes the different classifications of temporary business visitors. For more information on eligibility and the application process, see the links under “Temporary Visitors for Business” to the left.

Temporary Visitors for Business
B-1	Temporary business visitor to conduct activities of a commercial or professional nature. For example, consult with business associates, negotiate a contract, or attend a business conference
WB	Temporary visitor for Business admitted under Visa Waiver Program
GB	Temporary visitor for Business (limited to Guam)

Working in the United States – Information for Employers and Employees

admin — Sun, 23 Jan 2011 21:10:33 +0000

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. For more information about the employment authorization verification process, see the “About Form I-9 and E-Verify” link to the right.

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.

Additional Information

General employer information: 1-800-357-2099

Working in the United States – Students and Exchange Visitors

admin — Sat, 22 Jan 2011 21:07:34 +0000

The United States welcomes thousands of foreign students and exchange visitors every year.

If you wish to pursue full-time academic or vocational studies in the United States, you may be eligible for one of two nonimmigrant student categories. The “F” category is for academic students and the “M” is for vocational students.

If you wish to participate in an exchange program you may be eligible for the “J” category for exchange visitors. The J visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs.

U.S. Federal Tax Information

Aliens temporarily present in the United States as students, trainees, scholars, teachers, researchers, exchange visitors and cultural exchange visitors are subject to special rules with respect to the taxation of their income.

Students Academic and Vocational (F and M visas)
F-1	Academic students
F-2	Spouses and children of F-1
F-3	Canadian or Mexican national academic commuter students
M-1	Vocational students
M-2	Spouses and children of M1
M-3	Canadian or Mexican national vocational commuter students
Exchange Visitors (J visas)
J-1	Exchange visitors
J-2	Spouses and children of J-1

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

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Working in the United States – Permanent Workers

admin — Fri, 21 Jan 2011 21:03:02 +0000

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. The five employment-based immigrant visa preferences (categories) are listed below.

Labor Certification

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). The DOL labor certification verifies the following:

There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

U.S. Federal Tax Information

Aliens employed in the U.S. may have a U.S. Tax obligation.

Taxation of Resident Aliens

Permanent Worker Visa Preference Categories

Preferences	General Description	Labor Certification Required?
First Preference EB-1	This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.	No
Second Preference EB-2	This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.	Yes, unless applicant can obtain a national interest waiver (See the “Labor Certification” link to the right for more waiver information.)
Third Preference EB-3	This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)	Yes
Fourth Preference EB-4	This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.	No
Fifth Preference EB-5	This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.	No

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

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Working in the United States – Temporary (Nonimmigrant) Workers

admin — Thu, 20 Jan 2011 20:05:26 +0000

In order for you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS¹. The main nonimmigrant temporary worker classifications are listed in the table below. For more information about the filing requirements for particular nonimmigrant classifications, see the specific classification links under “Temporary Workers” to the left.

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.

Temporary (Nonimmigrant) Worker Classification
Nonimmigrant Classification for a Temporary Worker	Description	Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker
E-1	Treaty traders and qualified employees.	E-1³
E-2	Treaty investors and qualified employees.	E-2³
E-2C	Long-term foreign investors in the CNMI	E-2C
E-3	Certain “specialty occupation” professionals from Australia.	E-3³
H-1B	Workers in a specialty occupation and the following sub-classifications: H-1B1 - Free Trade Agreement workers in a specialty occupation from Chile and Singapore. H-1B2 - Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects. H-1B3 - Fashion models of distinguished merit and ability.	H-4
H-1C²	Registered nurses working in a health professional shortage area as determined by the U.S. Department of Labor.	H-4
H-2A	Temporary or seasonal agricultural workers.	H-4
H-2B	Temporary non-agricultural workers.	H-4
H-3	Trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.	H-4
I	Representatives of foreign press, radio, film or other foreign information media.	I
L-1A	Intracompany transferees in managerial or executive positions.	L-2³
L-1B	Intracompany transferees in positions utilizing specialized knowledge.	L-2³
O-1	Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.	O-3
O-2	Persons accompanying solely to assist an O-1 nonimmigrant.	O-3
P-1A	Internationally recognized athletes.	P-4
P-1B	Internationally recognized entertainers or members of internationally recognized entertainment groups.	P-4
P-2	Individual performer or part of a group entering to perform under a reciprocal exchange program.	P-4
P-3	Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.	P-4
Q-1	Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien’s home country.	Not Applicable⁴
R-1	Religious workers.	R-2
TN	North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.	TD

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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Working in the United States

admin — Wed, 19 Jan 2011 21:05:07 +0000

The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others. All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that you adhere to the terms of your application or petition for admission and visa. Any violation can result in removal or denial of re-entry into the United States.

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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Special Note for Individuals Who Received EAD Cards with Incorrect Expiration Dates

admin — Fri, 20 Aug 2010 15:36:21 +0000

If you are a Haitian national and applied for Temporary Protected Status, you may have received an Employment Authorization Document (EAD) with the expiration date of July 22, 2010. Approximately 320 individuals received EADs with an early expiration date.

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

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11 New Countries Designated as Eligible for H-2a and H-2b Nonimmigrant Visa Programs

admin — Tue, 09 Feb 2010 19:30:17 +0000

Department of Homeland Security (DHS) Secretary Janet Napolitano this week designated 11 new countries as eligible to participate in the H-2A and H-2B nonimmigrant visa programs, which allow U.S. employers to bring foreign nationals to the United States to fill temporary or seasonal jobs for which U.S. workers are not available.

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

They are:

Croatia
Ecuador
Ethiopia
Ireland
Lithuania
The Netherlands
Nicaragua
Norway
Serbia
Slovakia
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.

Legal Status for Haitians in the United States

admin — Mon, 01 Feb 2010 16:03:51 +0000

Temporary Protected Status (TPS) for Haitians is now available due to the January 12, 2010 earthquake. Secretary of the Department of Homeland Security Napolitano has stated “this is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18-months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.”

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.

New Passport Card Is Acceptable For Employment Eligibility Verification

admin — Wed, 08 Jul 2009 18:38:55 +0000

U.S. Citizenship and Immigration Services is informing the public that the new U.S. Passport Card may be used in the Employment Eligibility Verification form (I-9) process.

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.