It is more and more common for people to want to structure their careers free from the ties of a standard employer/employee relationship. What used to be the standard nine-to-five job with the same employer is becoming less and less suited to the new ways that people work. For many people who work in the arts especially, working on projects for multiple employers is the best way to structure their work. However, doing myriad projects for multiple clients or employers can be challenging under the current immigration system and visa structures. While the US has a clear interest in protecting US workers and ensuring foreign nationals do not come to the US without actual work lined up, the immigration system fails to properly allow for the increasing trend of people working under a freelance model.
Read moreThe Aftermath of the H-1B Fiscal Year (FY) 2020 Visa lottery: Next Steps and Alternatives
US Citizenship & Immigration Services (USCIS) have announced the lottery results for this year’s H-1B cap (Fiscal Year 2020) with USCIS reporting that it received 201,011 H-1B petitions. Additionally, the agency announced last week that they completed data entry for all FY 2020 H-1B cap-subject petitions selected (including master’s cap cases), which means they will be sending receipt notices for those cases selected and returning those cases not selected.
Read morePriority Dates Q&A
Once foreign nationals decide they want to stay in the United States permanently and start talking to an immigration attorney or researching the process themselves, there is a pretty good chance the term “priority date” will come up. What this term means and why it is so important to figuring out the timing involved in a Green Card case can be confusing. There are often many questions surrounding how one obtains a priority date and all the timing issues that follow. This post aims to explain how the process works, although many people may prefer not to know how the sausage is made (if you will). Tracking the backlog of cases can be painfully frustrating—especially if a foreign national’s visa category is one that is excessively backlogged. But for those who wish to know the reason behind the delays, here are some of the most frequently asked questions.
Read moreTN 101
Anyone watching the US political debates or the news over the last year probably heard much discussion about NAFTA, the North American Free Trade Agreement, which when enacted into law in 1993 created special economic and trade relationships for the United States, Canada, and Mexico. But not many people realize that NATFA created a special nonimmigrant visa category for Canadians and Mexicans to come to the US to work in professional-level jobs. That nonimmigrant visa is called the TN. The “T” and “N” of TN stands for Trade NAFTA. The TN permits qualified Canadian and Mexican citizens with a job offer from a US employer to seek temporary entry into the United States to engage in professional business activities.
Read moreOPINION: How the Immigration Landscape Changed in 2017
When Donald Trump won the election, many immigrants and their advocates feared the worst. Now that President Trump has been in office for over a year, I wish I could write that everyone’s fears were overblown, but that simply isn’t true. The administration’s actions have met and in some cases exceeded the worst fears of many immigrants and immigration practitioners.
Read moreHow a “Status Update” Could Cause You to Lose Your Immigration Status
In this day and age social media is a part of most people’s daily lives. Updating your status on Facebook, posting pictures on Instagram, making witty commentary on Twitter, and checking up on colleagues on LinkedIn have all become part of our day-to-day activities. But it’s not just family and friends who may be viewing your updates. The Department of Homeland Security (DHS) recently announced that it intends to monitor the social media of immigrants—even permanent residents and naturalized US citizens. Additionally, in May this year, the Trump administration approved a new questionnaire that asks for social media handles going back five years for visa applicants worldwide. Historically, consular officers and USCIS adjudicators have, on occasion, also used Google searches and checked social media to research visa applicants and verify information on the submitted paperwork. For all these reasons, it couldn’t be a better time to discuss how various government agencies might be using the information on foreign national’s social media sites, specifically in regards to adjudicating visa applications and determining admissibility to the United States.
Read moreVisa Options for Study in the US
The United States is one of the most popular places for foreign nationals to come to study. In the 2015 to 2016 academic year, over one million international students came to the US! Although numbers have dropped since President Trump was elected, and there are reports of foreign nationals reconsidering higher education in the US in light of the anti-immigrant rhetoric and atmosphere, many foreign nationals will still come to the US to study at our highly respected educational institutions. As I’ve written before, it’s not uncommon for certain foreign students to move onto work visas once they have completed their studies. In this post, however, we wanted to examine how exactly foreign nationals come to the US as students, and some general issues that foreign students face, including employment while in school and visas for their dependents. It may surprise some readers that there is not just one visa option for students. In fact, there are three different routes for students: F-1, M-1, and J-1. Each visa has its own set of rules concerning how it can be used and what benefits (and potential detriments) may follow.
Read moreVisa Options for Graphic Designers and Art/Creative Directors
Everyday life is filled with images—from advertisements in the subway and inside magazines and on billboards to artwork and visual designs on websites, t-shirts, product packaging, book covers, and, okay, pretty much everywhere else. We can thank graphic designers and art and creative directors for using their talents to come up with the overall creative vision and design of all those images we see on a daily basis.
Read moreVisa Options for Entrepreneurs
Sometimes US immigration law doesn’t provide clear visa options for people looking to work in America. These individuals are daunted by the process, and as attorneys we often feel like we are trying to fit a round peg into a square hole. But at other times, thankfully, there is more than one option for a client and so it’s our job to talk them through the choices to see which is the overall best fit. This can happen, in particular, with some entrepreneurs who are interested in opening up their own business in the US.
Read moreDon’t Try This at Home: 5 Reasons Why Foreign Nationals Shouldn’t File E-3 Visa Applications On Their Own
The E-3 is a nonimmigrant visa that allows Australian citizens to temporarily come to the US to work for a US employer in a professional capacity. To qualify for this visa, Australian foreign nationals must have a legitimate offer of employment in the US with a salary that complies with Department of Labor requirements, fill a position that qualifies as a specialty occupation (i.e., a professional job that requires a bachelor’s degree or higher in a specific field of study), and hold at least a bachelor’s degree (or the equivalent work experience) in a field related to the position.
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