Employment-Based

Crewmember (D) and Transit (C-1) Visas

Crewmember (D) Visas Crewmember (D) visas are nonimmigrant visas for workers aboard international airlines or commercial sea vessels in the United States. Crewmember (D) visas are for individuals who provide services required for normal operation and intend to depart the United States on the same vessel (or any other vessel) within 29 days. Traveling to …

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PERM Labor Certification

PERM Labor Certification is the process in which foreign nationals, in preference categories EB-2 and EB-3, can obtain an employment-based immigrant visa (Green Card). Before an employer can petition on behalf of a foreign worker, the employer must first obtain an approved Labor Certification from the Department of Labor (DOL). Labor Certification is submitted by …

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The North American Free Trade Agreement (TN) Visa

The North American Free Trade Agreement (NAFTA) integrated key sectors of the United States, Canadian, and Mexican economies.  Central to that integration was creating a special visa category that allowed qualified Mexican and Canadian citizens to seek temporary admission into the United States to engage in business activities. To qualify for a TN visa a …

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H-1B for Computer Programmers

The Immigration and Nationality Act allows an employer to petition for an H-1B visa on behalf of an alien beneficiary if the alien beneficiary will be working in a “specialty occupation.”  To qualify as a “specialty occupation” a job must require “theoretical and practical application of a body of specialized knowledge and attainment of a …

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Third-Party Worksites

Introduction An H-1B work visa is appropriate if two primary conditions are met. First, an employer must be able to demonstrate its need for a qualified worker to fill a specialty occupation. Second, a valid employer-employee relationship must exist throughout the duration of the H-1B visa residency.  For a more detailed discussion of the first …

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Responding to H-1B Request for Evidence in the Trump Era

An H-1B visa is an employment visa for professional workers in specialty occupations that have at least a bachelor degree or equivalent.  Throughout the H-1B visa’s history, the United States Citizens and Immigration Services (USCIS) has been concerned that employers will abuse the H-1B visa by displacing American workers with foreign Responding to H-1B Request …

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Employers Impacted By Immigration Changes In Trump’s First Year

The January 30, 2018 State of the Union became another chapter in President Trump’s ongoing campaign for America to serve its own needs and its people first.  Embodying this ideology, President Trump declared that, “we will follow two simple rules: Buy American and Hire American.” During his first term, those two simple rules have dramatically …

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National Interest Waiver

Employment-based visas that lead to permanent residence in the U.S., or a green card, have several different preference groups with different eligibility requirements. Most of these preference groups require a foreign national to have a full-time job offer in the United States and the filing of a labor certification application with the Department of Labor …

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