Immigration Law
In the United States of America, the immigration law is quite complex. That is why some people fail to understand how it works. The law body that administers current immigration policy (the-Immigration-&-Naturalization Act) has made a provision for up to 675,000 people from across the world to permanently immigrate to the US every year. Consult a good immigration lawyer if you would like to get better understanding about how the US immigration system works.
H1B Visa- Introduction
This is a non-immigrant visa that is offered to temporary employees. Essentially, the employment-based visa is a work permit that gives you liberty to get a visa stamp and also start working for a specific employer in the United States of America.
In this arrangement, a prospective employer is first required to give you a job offer in the United States and subsequently petition the Immigration Department to issue you (the prospective employee) with a H1B visa.
1. What are the eligibility criteria?
To qualify for the H1B Visa, you must fulfill the following set of requirements:
i. Have a specialty occupation.
ii. Have the capacity to apply a particular body of knowledge, both theoretically and practically.
iii. Graduated with a Bachelor’s degree (minimum) or any other qualification that is equivalent to it.
An immigration lawyer can help you get better understanding of the requirements and also help prospective employers with the application process.
2. Is there a total quota set by the USCIS?
Every year, the United-States Citizenship-&-Immigration Services places a ceiling on the number of H1B visas that can be issued to interested candidates.
Historically, the ceiling has been set at 65,000 annually. However, the US government can vary the numbers.
To get more information about total quota and other requirements set by the USCIS, please get in touch with an immigration lawyer.
3. How much fee does the USCIS charge?
The minimum amount is $ 1,570, whilst the maximum is $ 2, 320. Typically, the employer (also referred to as the H1B sponsor) pays the prescribed fees.
Total fee is made up of the following components: base fee, fraud fee, ACWIA and public law fee as well.
4. Are holders of H1B visas required to work always?
The H1B visa remains active provided the relationship between the two parties (employee and employer) remains cordial. The alien has liberty to be either a part-time employee or full-time worker.
Additionally, the alien has freedom to:
a) Apply for vacation.
b) Participate in strikes and other forms of industrial action.
c) Apply for sick leave, paternity leave or maternity leave.
5. Change of circumstances
The status of a H1B visa holder suffers absolutely no interruptions provided things between the two parties (employer and employee) continue to run steadily and smoothly.
US IMMIGRATION SYSTEM- HOW DOES IT WORK?
The Immigration Law is primarily based on four major principles:
1. Reunification of families.
2. Diversity promotion.
3. Admission of immigrants who posses skills that can add value to the United States economy.
4. Protection of refugees and people who seek asylum.
1. Family Based Immigration
Reunification of family members is a vital principle that governs the immigration policy. In this arrangement, certain family members of United States’ citizens as well as LPRs are allowed to move to the US. The immigrants are admitted through an intricate family preference-system or as immediate relatives.
2. Diversity Visa Program
The 1990-Immigration-Act officially brought forth the DV Lottery. Essentially, it is a dedicated conduit through which people from countries with few people in the US are allowed to move into the land.
Every year, not more than 55,000 visas are randomly offered to nationals from areas that have sent not more than 55,000 of its people in the preceding 5 years.
3. Employment Based Immigration
People with valuable skills can immigrate to the United States either temporarily or permanently.
The first category allows employers to sign up and petition the government to issue visas to foreigners who can do certain jobs and for limited periods of time as well. Typically, temporary workers are required to work for employees who signed up and petitioned for them. More than twenty classifications of temporary visas are available for non-immigrant workers.
For the second category, the ceiling is usually placed at 140,000 permanent immigrants every year. The actual number of people who permanently move to the US on employment based visas is less than the above-mentioned figure given that the number is inclusive of actual immigrants, their minor unmarried children and spouses as well.
4. Refugees and immigrants who seek asylum
Refugees are allowed to immigrate into the US with a basis on their inability to go back to their countries of origin due to fear of persecution (that must be well founded) because of the refugees’ race, natural origin, membership to specific groups and/or political inclination.
Conclusion
In the United States of America, the immigration law is quite complex. That is why some people fail to understand how it works. The law body that administers current immigration policy (the-Immigration-&-Naturalization Act) has made a provision for up to 675,000 people from across the world to permanently immigrate to the US every year.
Consult a good immigration lawyer if you would like to get better understanding about how the US immigration system works.
In the United States of America, the immigration law is quite complex. That is why some people fail to understand how it works. The law body that administers current immigration policy (the-Immigration-&-Naturalization Act) has made a provision for up to 675,000 people from across the world to permanently immigrate to the US every year. Consult a good immigration lawyer if you would like to get better understanding about how the US immigration system works.
H1B Visa- Introduction
This is a non-immigrant visa that is offered to temporary employees. Essentially, the employment-based visa is a work permit that gives you liberty to get a visa stamp and also start working for a specific employer in the United States of America.
In this arrangement, a prospective employer is first required to give you a job offer in the United States and subsequently petition the Immigration Department to issue you (the prospective employee) with a H1B visa.
1. What are the eligibility criteria?
To qualify for the H1B Visa, you must fulfill the following set of requirements:
i. Have a specialty occupation.
ii. Have the capacity to apply a particular body of knowledge, both theoretically and practically.
iii. Graduated with a Bachelor’s degree (minimum) or any other qualification that is equivalent to it.
An immigration lawyer can help you get better understanding of the requirements and also help prospective employers with the application process.
2. Is there a total quota set by the USCIS?
Every year, the United-States Citizenship-&-Immigration Services places a ceiling on the number of H1B visas that can be issued to interested candidates.
Historically, the ceiling has been set at 65,000 annually. However, the US government can vary the numbers.
To get more information about total quota and other requirements set by the USCIS, please get in touch with an immigration lawyer.
3. How much fee does the USCIS charge?
The minimum amount is $ 1,570, whilst the maximum is $ 2, 320. Typically, the employer (also referred to as the H1B sponsor) pays the prescribed fees.
Total fee is made up of the following components: base fee, fraud fee, ACWIA and public law fee as well.
4. Are holders of H1B visas required to work always?
The H1B visa remains active provided the relationship between the two parties (employee and employer) remains cordial. The alien has liberty to be either a part-time employee or full-time worker.
Additionally, the alien has freedom to:
a) Apply for vacation.
b) Participate in strikes and other forms of industrial action.
c) Apply for sick leave, paternity leave or maternity leave.
5. Change of circumstances
The status of a H1B visa holder suffers absolutely no interruptions provided things between the two parties (employer and employee) continue to run steadily and smoothly.
US IMMIGRATION SYSTEM- HOW DOES IT WORK?
The Immigration Law is primarily based on four major principles:
1. Reunification of families.
2. Diversity promotion.
3. Admission of immigrants who posses skills that can add value to the United States economy.
4. Protection of refugees and people who seek asylum.
1. Family Based Immigration
Reunification of family members is a vital principle that governs the immigration policy. In this arrangement, certain family members of United States’ citizens as well as LPRs are allowed to move to the US. The immigrants are admitted through an intricate family preference-system or as immediate relatives.
2. Diversity Visa Program
The 1990-Immigration-Act officially brought forth the DV Lottery. Essentially, it is a dedicated conduit through which people from countries with few people in the US are allowed to move into the land.
Every year, not more than 55,000 visas are randomly offered to nationals from areas that have sent not more than 55,000 of its people in the preceding 5 years.
3. Employment Based Immigration
People with valuable skills can immigrate to the United States either temporarily or permanently.
The first category allows employers to sign up and petition the government to issue visas to foreigners who can do certain jobs and for limited periods of time as well. Typically, temporary workers are required to work for employees who signed up and petitioned for them. More than twenty classifications of temporary visas are available for non-immigrant workers.
For the second category, the ceiling is usually placed at 140,000 permanent immigrants every year. The actual number of people who permanently move to the US on employment based visas is less than the above-mentioned figure given that the number is inclusive of actual immigrants, their minor unmarried children and spouses as well.
4. Refugees and immigrants who seek asylum
Refugees are allowed to immigrate into the US with a basis on their inability to go back to their countries of origin due to fear of persecution (that must be well founded) because of the refugees’ race, natural origin, membership to specific groups and/or political inclination.
Conclusion
In the United States of America, the immigration law is quite complex. That is why some people fail to understand how it works. The law body that administers current immigration policy (the-Immigration-&-Naturalization Act) has made a provision for up to 675,000 people from across the world to permanently immigrate to the US every year.
Consult a good immigration lawyer if you would like to get better understanding about how the US immigration system works.
Folsom Immigration Attorney, 850 Iron Point Rd, Folsom, CA 95630