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How A U.S. Immigration Lawyer Can Help Employers

Posted on: May 27, 2015 by in blog, immigration
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U.S. immigration lawyerEmployers in Nevada and California must confirm that anyone they plan to hire is authorized to accept employment in the United States. An experienced U.S. immigration lawyer in the Las Vegas area can help employers with compliance and other immigration-related concerns. If the prospective employee is not already a permanent resident, the employer will need to file an immigrant petition (for permanent employees) or a nonimmigrant petition (for temporary employees) on behalf of that employee.

Foreign nationals may not accept employment in the U.S. without authorization. Some foreign nationals, including permanent residents, those granted asylum or refugee status, and those in work-related nonimmigrant classifications may already have employment authorization based on their migration status. Others may need to apply individually for authorization; in most cases, your employer or prospective employer must petition for you. Employers who hire international workers should be aware that you may be subject to special tax withholding rules, and international employees working in the U.S. may have a tax obligation here.

A U.S.-based employer who is sponsoring or petitioning for a permanent employee may also be required to obtain a labor certification from the Department of Labor verifying that there is an insufficient number of available, qualified, and willing U.S. workers to fill the position and that the employment will not have an adverse effect on the wages and working conditions of U.S. workers in similar situations. An immigration attorney can explain more about labor certifications and help employers with the paperwork.

In California and Nevada, an experienced U.S. immigration lawyer in the Las Vegas area can help employers develop a proper hiring strategy and stay in compliance with an array of strictly-enforced immigration laws. Both the employers of foreign nationals and foreign nationals themselves should have an experienced migration attorney answer any questions or concerns regarding work visas or legal statuses. Don’t stumble into legal trouble; get the advice you need by speaking at once with an experienced Las Vegas migration attorney.

Bold Steps On Immigration

Posted on: April 17, 2015 by in blog, immigration, immigration reform
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Las Vegas immigration lawyerIn November, after more than a year of Congressional delays and false starts, President Obama announced an administrative action to fix some of the damage being done by our nation’s broken migration system. The President’s executive action will offer relief that takes into account the need to help businesses, keep families together, and alleviate some of the daily tragedies that our broken migration system engenders. If you’re in the Las Vegas area and you need to apply for deferred action – or if you have any other immigration concerns – speak immediately with our experienced Las Vegas immigration lawyers.

Observers on all sides agree that President Obama has taken bold steps to begin changing our broken migration system and keeping his promises to immigrants and their families. Presidents from both parties have taken similar measures for decades. In fact, in 1990, the first President Bush gave a blanket deferral of enforcement to 40 percent of the undocumented immigrant population at that time. However, President Obama’s plan does not fix all of the problems with America’s current immigration system; in fact, it’s only a stopgap measure. It does, however, temporarily protect qualified immigrants while giving Congress a chance to step up and approve comprehensive immigration reform.

The situation regarding border security remains unclear. Despite deploying unprecedented amounts of manpower, resources, and technology to secure the nation’s border, the Obama administration is still increasing the buildup of resources there. Along with the border buildup, the administration has substantially expanded family detention and deportations, sometimes in violation of U.S. humanitarian and asylum law.

A number of details are still to be determined, so if you’re confused, you aren’t alone. If you are an immigrant, documented or undocumented, with any questions or concerns regarding details of the president’s plan, promptly have a good migration lawyer answer your questions, address your concerns, and offer legal advice you can trust regarding your personal situation. If you employ immigrants in the Las Vegas area and want to know how the changes impact your business and hiring practices, you should also speak as quickly as possible to an experienced Las Vegas immigration lawyer. Immigration law is complicated; don’t hesitate to take advantage of the help that’s available by arranging to speak with a good immigration attorney immediately.

What The Executive Order Includes

Posted on: April 13, 2015 by in blog, immigration, immigration reform
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Las Vegas immigration attorneyIn November, President Obama announced plans to improve the nation’s immigration system and provide legal protection – deferred action on deportation – to qualified undocumented immigrants in the United States. If you’re in the Las Vegas area – or arriving there soon – and you need deferred action, speak immediately with an experienced Las Vegas immigration lawyer. According to the American Immigration Lawyers Association, the President’s plan includes:

  1. Deferred action for the parents of U.S. citizens and the parents of lawful permanent resident children, provided these parents meet the eligibility requirements. See a trustworthy immigration attorney for help when applying for deferred action.
  1. An expansion of the Deferred Action for Childhood Arrivals (DACA) program that removes the age cap and moves the continuous presence date to January 1, 2010. DACA will now be granted for three years to those who are eligible, including those with pending renewal applications.
  1. Replacement of the controversial “Secure Communities” program with a “Priority Enforcement” program. The details of the new program are still unclear.
  1. Ensuring that job-creating entrepreneurs have legal means to enter and operate in the U.S.
  1. Increasing access for university-affiliated businesses to identify and obtain key talent.
  1. Allowing spouses and children of lawful permanent residents to apply for unlawful presence waivers from within the U.S. and ensuring proper standards for adjudicating those waivers.
  1. Enabling families of individuals trying to enlist in the armed forces to use parole-in-place to ensure their legal status.
  1. Changing the procedures for adjustment of status to allow legal immigrants caught in the immigration quota backlogs to register their applications and begin the final step of the process.
  1. Directing agencies to look at modernizing the visa system with a view to making optimal use of the numbers of visas now available under the law.
  1. A new border security plan, with details still to be worked out.

President Obama has presented the nation with an ambitious plan that may be a first step toward the reforms that the U.S. immigration system so badly needs. If you’re an immigrant – with or without documentation – and you’re in the Las Vegas area or arriving there soon, you can learn more about deferred action or have your other legal concerns addressed by speaking immediately with a trustworthy, experienced Las Vegas immigration attorney.

Growing The Economy, Creating Jobs

Posted on: April 3, 2015 by in blog, immigration, immigration reform
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Las Vegas immigration attorneyInternational entrepreneurs, along with highly-skilled international workers and the employers who hire them, stand to benefit from the new immigration policies announced in November by President Obama. Homeland Security Secretary Jeh Johnson said in a memo to U.S. Citizenship and Immigration Services (USCIS) that, “These new policies and regulations will be good for both U.S. businesses and workers by continuing to grow our economy and create jobs.” If you are an employer in the greater Las Vegas area, or if you are a highly-skilled international worker or entrepreneur already in Las Vegas or arriving there soon, have your concerns and questions about the new policies answered by an experienced Las Vegas immigration attorney.

Secretary Johnson’s memo opens several new possibilities for international entrepreneurs to enter the U.S. and launch new businesses here. One route for international entrepreneurs may be the “national interest waiver,” which permits non-citizens with advanced degrees or exceptional abilities to seek green cards without employer sponsorship if their admission to the U.S. is in the national interest. Secretary Johnson is directing USCIS to clarify precisely the standards by which a national interest waiver may be granted.

Another possible route for foreign entrepreneurs: “parole” (or “parole-in-place” for those already in the U.S.) for highly-skilled workers and the founders of start-up enterprises. DHS would grant parole status on a case-by-case basis, according to Secretary Johnson’s memo, “to inventors, researchers, and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.” Parole would allow individuals to work in the United States before they become eligible for a visa if they meet certain income and resource thresholds to qualify.

Comprehensive, permanent reform to our nation’s immigration system will require congressional action; meanwhile, executive action is giving entrepreneurs and others a chance to bring their skills now to the United States. If you are an international entrepreneur, investor, or highly-skilled individual with questions about how the executive action impacts you, or if you simply need to discuss your immigrations options with someone knowledgeable and trustworthy, contact an experienced Las Vegas immigration lawyer as quickly as possible.

How Cities Are Helping

Posted on: April 1, 2015 by in blog, immigration, immigration reform
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Las Vegas immigration attorneyMayors across the United States are expressing their support for executive action on immigration and are exploring how their cities can help advance the announced changes. At least 25 mayors have formed Cities United for Immigration Action, a coalition to support and implement executive action on immigration. “Our cities recognize and celebrate the contributions of immigrants to our nation, and we welcome immigrants in our communities,” the group said in a recent press release. If you are an immigrant in the Las Vegas area with any questions or concerns about the new migration policies, speak promptly to an experienced Las Vegas immigration attorney.

As part of his November executive action on immigration, President Obama created a Task Force on New Americans to explore ways to strengthen immigrant and refugee integration. Building upon ongoing efforts and successes at the local and state level, the task force will engage with community, business, and faith leaders as well as state and local elected officials to “determine additional steps the Federal Government can take to ensure its programs and policies are serving diverse communities that include new Americans.”

The mayors of cities large and small are calling these actions important steps. Sacramento Mayor Kevin Johnson, president of the U.S. Conference of Mayors, said, “We applaud the President’s actions … they will strengthen the American economy and our national security.”

New Americans will be making significant contributions to our economy, culture, and national security. If you are a new immigrant in the greater Las Vegas region, your contributions are important to our nation. If you have any questions regarding deferred action, work permits, green cards, or naturalized citizenship, or if you’re currently dealing with an ongoing immigration-related legal matter, don’t wait to get the advice and help of an experienced Las Vegas migration  attorney. Make the call promptly.

Nations In Competition

Posted on: February 6, 2015 by in immigration
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Las Vegas immigration attorneyWhile the debate about immigration continues – so far without reforms in the United States– other governments are taking advantage of U.S. inaction to lure wealthy foreign investors to their own countries.

Many countries besides the US have immigrant investor programs including but not limited to Singapore, Hong Kong, Australia, Spain, and Germany. A few examples will show the differences between the United States and other countries’ investment visa programs. Since these kinds of visas are tied to financial investment, it is most common to find investment visa programs in countries where investment is encouraged.

The Dominican Republic is one of the least expensive countries requiring an investment of about $100,000, whereas Austria is the most expensive, requiring approximately $10 million investment.

As of February 2014, Canada’s Immigrant Investor Program has been slated for termination and replacement. It is an example of how changing global economics affect immigration investment visas worldwide and shows why investors must constantly check the status and availability of these visas before making long-term investment plans.

Singapore is in a financially important part of the world. It currently has a Global Investor Program that requires minimum investment of $2.5 million. Investors receive permanent resident status subject to periodic renewal. As another example of constant flux in investor visa programs, in 2012 Singapore terminated a separate investor visa program started in 2004 called the Financial Investor Scheme in part due to its effects on inflation.

The Hong Kong immigrant investor program is called the Capital Investment Entrant Scheme. In place since 2003, this program requires a minimum of $10 million HKD or about $1.3 million USD in a number of specific classes including equities, debt securities, certificates of deposit, or subordinated debt. Such an investor obtains a non-Hong Kong permanent resident status for two years, with two-year extensions, and the possibility of applying for permanent residency after seven years.

In October of 2014, Australia announced a new Premium Investor Visa, or PIV, offering a 12-month pathway to permanent residency for those investing $15 million Australian (around $13.2 million U.S.) or more into that nation. The PIV program will speed up visa approvals and expand investment opportunities. Australia is also reforming its two-year-old Significant Investor Visa program to make it more attractive.

Similar programs exist for the United Kingdom, New Zealand. and other countries, with varying investment amounts and limitations. St. Kitts and Nevis has an economic investment visa program for real estate purchases and investment in its sugar industry.

A European example is Finland. Foreign investors can qualify for a visa based upon self-employment if they personally own a commercial enterprise or are a general partner in a limited partnership. The investor cannot merely own shares in the enterprise, and they must personally perform the work in Finland. After the investor has been a Finnish resident for five years, they may apply for citizenship.

As a final example of international investment visas, the Arabian Peninsula is a good example of creating a program that allows fast status for ready investor. Dubai is the United Arab Emirates’ (UAE) most populated city and has become a major and thriving metropolis. Dubai’s investor visa program was established in 2012. Its investor visa provides for a two-year residency to foreign nationals who own property in Dubai that is valued at more than 1,000,000 DH that is unencumbered by a mortgage. The Dubai investor visa does not lead to UAE citizenship, which is more detailed and often requires a marital relationship with a UAE citizen that is not available for purely investment purposes; however, it is a fast way to obtain a long-term visa.

Investor visas are still easier to obtain in the United States for one reason: If all other immigration requirements are met, a foreign investor willing to invest at least $500,000 and create ten jobs in the United States can probably be approved for an EB-5 investor immigrant visa which leads to a legal permanent status and in 5 years to U.S. Citizenship. Each year 10,000 EB-5 visas become available to foreign investors. The EB-5 differs from the E-2 investor visa primarily because the EB-5 offers a path to permanent residency while the E-2 confers only non-immigrant status. While the EB-5 program needs some reform – along with the rest of the U.S. immigration system – it nevertheless now attracts about $1.8 billion into the United States every year. If you’re a foreign investor considering an investment in the United States, speak at once with an experienced Las Vegas immigration attorney who can help you with the complicated application forms and address your questions and concerns.

More immigration reforms are badly needed to enhance the United States’ ability to compete against Australia, Canada, and other nations seeking highly-skilled foreign workers. For now, if you’re a foreign investor, a U.S.-based employer hiring foreign-born workers, or if you’re seeking a temporary work visa or student visa for work or study in the United States, you can get the legal help and advice you need by consulting with a trustworthy, experienced Las Vegas immigration attorney.

Israel Approves E-2 Investor Visa

Posted on: September 15, 2014 by in investment, visas
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Israel Approves E-2 Investor VisaEarlier this year, the Israeli government finally approved the E-2 investor validation for Israeli entrepreneurs who want to take their investments to America. Approval by Israel’s government also means that Americans seeking to invest in Israeli businesses will be eligible for a comparable Israeli visa. The E-2 or “treaty investor” validation allows individuals to enter the U.S. to invest in a new or existing business enterprise. The investor needs to prove that the business will generate profits and provide jobs to U.S. citizens. Obtaining an E-2 visa, however, is a complicated process with plenty of potential for mistakes and misunderstandings that can delay approval of your visa petition. Investors seeking the E-2 visa should not hesitate to obtain help from our experienced E-1 E-2 investor lawyers who can review your validation petition and other pertinent documents for thoroughness and accuracy.

The E-2 visa program requires investment in an active U.S. business; stock and bond holders are therefore ineligible. In fact, a significant investment must be made prior to filing for the E-2 visa. If you are already in the United States, an E-2 validation applicant must complete form I-129 for a change of status. To avoid any mistakes, let a good immigration lawyer complete or review the paperwork for you. Upon Israel’s approval of the reciprocal validation agreement between Israel and the U.S., Israel’s Interior Minister Gideon Sa’ar told Ynet News, “The U.S. is a major economic partner for Israel. It is the main source of foreign investment in Israel and is at the same time one of the major destinations for investments by Israelis.”

Investors should know that an E-2 visa is not a substitute for an immigrant visa. Persons wishing to remain permanently in the United States must apply for the appropriate immigrant visa abroad or apply for an adjustment of status after entering the United States. Spouses and children under 21 may obtain derivative E-2 visas to accompany or follow the principal validation holder to the United States. If you are a foreign national investor interested in investing here, a good immigration lawyer can answer your questions and determine if the E-2 is the right validation for you. Legal questions and complications are always part of obtaining a visa, so do not hesitate to obtain first the counsel and services of an experienced E-1 E-2 investor attorney.

Employers Need A Good Immigration Attorney

Posted on: June 30, 2014 by in immigration
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Employers Need A Good Immigration AttorneyU.S.-based businesses deserve the very best employees, and sometimes the best employee happens to be someone from another country. If you’re an employer, what happens if you find the perfect candidate for a special position, but that person is the citizen of another nation? How do you even begin to comply with the many confusing laws, rules, and regulations set forth by the Department of Labor, the Department of State, and the Department of Homeland Security? Where do you start? A genuinely good immigration lawyer will have plenty of hands-on experience guiding employers through the complicated process of hiring workers from other nations. The counsel and services of an experienced migration  attorney are a wise and probably inevitable investment for any employer in the global 21st-century marketplace. An experienced immigration attorney will:

  • help employers determine the migration  categories suitable for your employees
  • advise employers regarding the various requirements for employee sponsorship
  • represent employers to the U.S. Citizenship and migration  Services (USCIS)
  • handle requests for evidence, notices of intent to revoke, and notices of intent to deny
  • advise on compliance, U.S. Department of Labor audits, and USCIS site visits
  • provide internal audits to determine if your H-1B and I-9 records are compliant
  • defend employers in any federal immigration-related investigations

Employers in today’s economy need more foreign-born workers, and the desire of foreigners to enter and work in the United States is as strong as it has ever been. Legal complications always surround immigration-related employment matters, so U.S-based employers should not hesitate to obtain the advice and services of an attorney experienced in migration  law. If you employ foreign nationals, or if you plan to hire foreign-born workers in the future, don’t go another day without the legal help and advice of an experienced immigration attorney.

Napolitano Welcomes Dreamers To UC

Posted on: January 6, 2014 by in immigration, visas
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bigstock-Business-meeting-in-an-office-21258410“Let me be clear. UC welcomes all students who qualify academically, whether they are documented or undocumented.” – University of California President Janet Napolitano

Since her appointment as president of the University of California (UC) in July, Janet Napolitano has sought to ease concerns that she might be hostile to undocumented immigrants because of her background with the Department of Homeland Security. In October, Napolitano announced that UC will devote $5 million to provide financial aid and counseling to students who are undocumented immigrants. The announcement came in Napolitano’s first public speaking engagement since assuming the UC presidency. The $5 million, Napolitano said, will “support these students with resources like trained advisers, student service centers, and financial aid.”

“Consider this a down payment,” Napolitano suggested, “one more piece of evidence of our commitment to all Californians.” Also beginning this year, California is allowing students who are undocumented immigrants – and thus ineligible for federal financial aid – to qualify for state scholarships and grants.

UC officials believe that in a student population of almost a quarter-million, the state university system enrolls fewer than one thousand undocumented immigrant students who were brought into the country as children, a group now popularly dubbed the “dreamers.” At the moment, most of these students are protected from deportation by the Deferred Action for Childhood Arrivals (DACA) policy enacted by the Obama Administration in 2012. Napolitano met with student groups representing the dreamers on her first day as UC President.

If you are an undocumented immigrant, if you’re seeking a visa for school or for work, or if you’re an immigrant who is facing any legal issue whatsoever, speak with an experienced immigration attorney right away. A good immigration lawyer will walk you through hearings, applications, and other legal procedures pertaining to immigration. An experienced immigration attorney will also provide you with the sound legal advice you need and will fight vigorously to defend your rights. Don’t hesitate to contact a good immigration lawyer today.

E-2 Visa Requirements

Posted on: November 20, 2013 by in immigration
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bigstock-Social-security-28216202If you are applying for an E-2 visa, the U.S. Citizenship and Immigration Services (USCIS) has set forth several requirements that you must fulfill:

  1. As an investor applying for an E-2 visa, you must be arriving in the U.S. to invest in a new or an already-existing business. In either case, you must prove that the capital you are planning to invest is considerable.
  2. The investment must be in a “bona fide” enterprise that isn’t marginal or purely speculative. A bona fide enterprise is a real, active commercial undertaking which produces services or goods for a profit. A marginal enterprise is defined as one that will not produce more than a minimal living for you and your family or allow you to make a significant economic contribution in the United States.
  3. You must possess the funds you will invest, and those funds must be irrevocably committed to your investment.
  4. You must prove the source of your funding is legitimate and show that your investment funds came to you legally.
  5. You must be coming to the U.S. to direct the enterprise, and typically you must demonstrate ownership of at least 50 percent of the business. If you have determined that the E-2 visa is the best path for you, it’s time for you speak with an experienced migration attorney.

If you have any questions about the E-2 visa or about any other migration matter, obtain the counsel and services of an experienced migration attorney immediately. Don’t delay. A good immigration lawyer can answer your questions, guide you through the various migration procedures, defend your rights, and help you to achieve your goals in the United States. For anyone dealing with any immigration issue, finding an experienced immigration attorney to serve and represent you is still the wisest choice that you can make.