...Developments ASAP Recent USCIS Memo on Employer-Employee Relationship Requirements for H-1B Visa Petitions: Regulation by Memorandum? By Jorge Lopez, Shin-I Lowe and Neil Grindstaff ® In This Issue: March 2010 The USCIS recently issued a guidance memo to its adjudication officers, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third Party Site Placements.” The Memo clarifies what constitutes a valid employer-employee relationship, in the context of petitions for H-1B visas, which are commonly used by IT staffing agencies and consulting groups for placing skilled workers at third-party worksites. Donald Neufeld, Associate Director or Service Center Operations for the United States Citizenship and Immigration Service (USCIS) recently issued a guidance memo to its adjudication officers, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third Party Site Placements” (“Neufeld Memo” or “Memo”). The Memo clarifies what constitutes a valid employer-employee relationship, in the context of petitions for H-1B visas, which are commonly used by IT staffing agencies and consulting groups for placing skilled workers at third-party worksites.1 On February 18, the USCIS held a “Collaboration Session” in Washington, D.C., to address the growing concerns about the implications of the Neufeld Memo. Approximately 500 people (400 via teleconference) attended the two-hour session, in which USCIS officials responded...
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...application Student must have no HOLDS on their academic or financial record. Student must NOT have been previously approved for OPT for the same or higher level. HOW TO APPLY FOR OPT Complete the OPT Application (see reverse side) and submit the following documents to Office of International Programs during office hours: o o o o o o o o o o o Completed F-1 OPT Application (see reverse side) Original completed USCIS Form I-765 (see: www.uscis.gov for online PDF application) Two (2) U.S. passport-style photos with I-94# and full name printed lightly in pencil on back of photos Personal check or U.S. money order for $380 Department of Homeland Security Photocoy of Passport Biography Page Photocopy of F-1 Visa Photocopy of Change of Status I-797A Notice of Action (Approval Notice) if you changed status to F-1 Status in the U.S. (if applicable) Photocopy of I-94 (front and back): dark enough to show the red stamp on front Photocopy of I-20s for Full-Time CPTs (you do not need part-time CPT I-20s) Photocopy of previous EAD/OPT cards (if applicable) Job offer letter (optional) Immigration advisor will review your materials, issue two new I-20s (one for student, one for OPT application), and notify you when your...
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...OMB No. 1615-0040; Expires 02/28/2018 I-765, Application For Employment Authorization Department of Homeland Security U.S. Citizenship and Immigration Services Action Block Fee Stamp Initial Receipt For USCIS Use Only Resubmitted Relocated Received Sent Completed Eligibility under 8 CFR 274a.12 (a) or (c) Authorization/Extension Valid From Authorization/Extension Valid To Economic necessity under 8 CFR 274a.12(c)(14), (18) and 8 CFR 214.2(f) Subject to the following conditions: I am applying for: 1. A# Applicant is filing under section 274a.12 (First Name) KIRAN YADAV 2. 3. U.S. Mailing Address (Street Number and Name) 1660 LOBLOLLY COURT (Town or City) KENT (Middle Name) (Apt. Number) 322 (State) (ZIP Code) OH 44240 4. Country of Citizenship or Nationality INDIAN 5. Place of Birth (Town or City) NASURULLABAD (State/Province) TELANGANA 6. Date of Birth (mm/dd/yyyy) 7. Gender 8. Marital Status Married $ Male (Country) INDIA 01/15/1992 Divorced ( c ) ( 3 ) ( B ) 17. (c)(3)(C) Eligibility Category. If you entered the eligibility category (c)(3)(C) in Question 16 above, list your degree, your employer's name as listed in E-Verify, and your employer's E-Verify Company Identification Number or a valid E-Verify Client Company Identification Number in the space below. Degree Employer's Name as listed in E-Verify Employer's...
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...Instructions for Employment Eligibility Verification Department of Homeland Security U.S. Citizenship and Immigration Services USCIS Form I-9 OMB No. 1615-0047 Expires 03/31/2016 Read all instructions carefully before completing this form. Anti-Discrimination Notice. It is illegal to discriminate against any work-authorized individual in hiring, discharge, recruitment or referral for a fee, or in the employment eligibility verification (Form I-9 and E-Verify) process based on that individual's citizenship status, immigration status or national origin. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documentation presented has a future expiration date may also constitute illegal discrimination. For more information, call the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) at 1-800-255-7688 (employees), 1-800-255-8155 (employers), or 1-800-237-2515 (TDD), or visit www.justice.gov/crt/about/osc. What Is the Purpose of This Form? Employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 6, 1986, to work in the United States. In the Commonwealth of the Northern Mariana Islands (CNMI), employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen)...
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...Law Offices Fennemore Craig A PROFESSIONAL CORPORATION FREQUENTLY ASKED Questions and answers U.S. PERMANENT RESIDENCE What is the U.S. permanent residency (the “green card” or immigrant visa) process and how long does it take? What is the difference between RIR (fast track) and traditional processing of labor certification applications? What is a “preference category?” What are the requirements for EB1? a. Classification as an individual of extraordinary ability (EB1-1) b. Classification as an outstanding researcher (EB1-2) c. Classification as a multinational manager or executive (EB1-3) Will I have travel restrictions during the adjustment of status period? Can I include my spouse and dependent children when processing my green card? What documents do I need to provide for the AOS process? What documents do I need for consular processing? MISCELLANEOUS When can I receive a Social Security Number? What is the "green card lottery?" When can I apply for U.S. citizenship? If I choose to leave my current employer, will this affect my work authorization status or the green card process? What if I am not married but I have a partner or "significant other"? After I receive U.S. permanent residence, what happens if I am transferred abroad? U.S. PERMANENT RESIDENCE What is the U.S. permanent residency (the “green card” or immigrant visa) process and how long does it take? The permanent residency process will vary in length, depending on which...
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...OMB No. 1615-0052 Department of Homeland Security U.S Citizenship and Immigration Services N-400 Application for Naturalization Print clearly or type your answers using CAPITAL letters. Failure to print clearly may delay your application. Use black ink. Part 1. Your Name (Person applying for naturalization) A. Your current legal name. Family Name (Last Name) Write your USCIS A-Number here: A For USCIS Use Only Bar Code Date Stamp Given Name (First Name) Full Middle Name (If applicable) B. Your name exactly as it appears on your Permanent Resident Card. Family Name (Last Name) Remarks Given Name (First Name) Full Middle Name (If applicable) C. If you have ever used other names, provide them below. Family Name (Last Name) Given Name (First Name) Middle Name D. Name change (optional) Read the Instructions before you decide whether to change your name. 1. Would you like to legally change your name? Yes No Action Block 2. If ''Yes," print the new name you would like to use. Do not use initials or abbreviations when writing your new name. Family Name (Last Name) Given Name (First Name) Full Middle Name Part 2. Information About Your Eligibility (Check only one) I am at least 18 years old AND A. B. I have been a lawful permanent resident of the United States for at least five years. I have been a lawful permanent resident of the United States for at least three years, and I have been married to and living with the same U.S. citizen for the...
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...I Am a U.S. Citizen How Do I… Help My Relative Become a U.S. Permanent Resident? A1 Customer Guide M-555 (January 2013) N As a citizen of the United States, you may help a relative become a lawful permanent resident of the United States by obtaining what is often referred to as a “green card.” To do so, you need to sponsor your relative and be able to prove that you have enough income or assets to support your relative(s) when they come to the United States. You begin the process by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. The form is available on our website at www.uscis.gov. Sometimes the I-130 can be filed together with an application for permanent residence (Form I-485, Application to Register Permanent Residence or Adjust Status). This is discussed below. Which relatives may I petition for? A U.S. citizen can file a petition for the following relatives: • Husband or wife; • Children, married or unmarried.1 A U.S. citizen who is at least 21 years or older may also petition for the following relatives: • Parents; • Brothers or sisters. When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing. What does the petition do for my relative? Filing a Form I-130 and proving a qualifying relationship gives your relative a place in line with others waiting to immigrate from the same country or region based...
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.................................................................... 3 A Global Mindset ....................................................................................................................................................... 4 Planning and Preparing for the Job Search ............................................................................................................... 6 Networking in the United States ............................................................................................................................... 8 U.S. Résumé ............................................................................................................................................................. 10 Cover Letters ........................................................................................................................................................... 12 Interviewing ............................................................................................................................................................. 13 Working in the United States .................................................................................................................................. 16 Discussing Your Visa Status ............................................................................................................................. 16 Illegal Interview Questions...
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...Student Visa Overview The United States welcomes foreign citizens who come to the United States to study. Before applying for a visa, all student visa applicants must be accepted by a school or program. Once accepted, educational institutions will provide each applicant the necessary approval documentation to be submitted when applying for a student visa. Visa Descriptions and Qualifications F-1 Visa This is the most common type of student visa. If you wish to engage in academic studies in the United States at an approved school, such as an accredited U.S. college or university, private secondary school, or approved English language program then you need an F-1 visa. You will also need an F-1 visa if your course of study is more than 18 hours a week. M-1 Visa If you plan engage in non-academic or vocational study or training at a U.S. institution then you need an M-1 visa. More information about each of these visas and opportunities for studying in the United States can be found at the Education USA website. U.S. Public Schools U.S. law does not permit foreign students to attend public elementary school (kindergarten to 8th grade) or a publicly funded adult education program. Hence, F-1 visas cannot be issued for study at such schools. An F-1 visa can be issued for attendance at a public secondary school (grades 9 to 12), but the student is limited to a maximum of 12 months at the school. The school must also indicate on the Form I-20 that the student has paid the...
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...01/20/13 Department of Homeland Security/USCIS 2901 Metro Drive Suite 100 Bloomington, MN 55425 To Whom It May Concern: I am a student requesting reinstatement to F-1 student status. I plan to enroll at Penn Valley Community College, Kansas City Missouri for full-time study during the Spring 2013 semester. I realize that I have failed to maintain my full-time F-1 student status and would like to explain the circumstances, beyond my control, which prevented me from enrolling in full 12 credit hours of undergraduate program at Park University last semester. Due to extreme sickness resulted from not being used to the weather changing, I had been absent from class longer than 2 weeks and wasn’t able to contact the teacher which I deeply regret. This had conflicted with school policy so I was administrative withdrew from classes. I wasn’t aware of the seriousness of this situation after I returned from school and being told that I was no longer in my registered classes. I had contacted the international office at my school then to get this problem resolved but it was too late so I couldn’t sig n up for new classes to replace the classes which were missing. I tried to apply for admission at Penn Valley Community College and got accepted and this letter was required to complete the admission process. I’d like to state that I was not being out of status for more than 5 months and I file this reinstatement letter as soon as possible under these circumstances and failure...
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...cleared from the immigration authorities. The immigration standing of an employee can affect all the other aspects of human resource; if an employee is not legally allowed to stay and work in a country so all the other aspects of human resource become meaningless. Therefore human resource professionals must keep themselves update with the immigration laws (Totallyexpat). This report shall entail the following on the account of the effects incurred upon the human resource manager roles due to immigration laws: Basic information relating to the employment related immigration law Work visa categories and their eligibility criteria Best practices to be followed when hiring foreign staff employees Procedure for the follow up of a “no-match” letter receipt Tips to follow to ensure the smooth recruitment of foreign employees in to the company with any clearance delays from the immigration authority Guidance to cater the immigration related liabilities which negatively affect the workforce and employee management relationships Below is the detailed study of the above mentioned aspects of immigration laws on human resource management and foreign employees. Employment Related Immigration Laws The laws which restrict the working of foreign worker and the laws relating to the working of domestic workers are very complex and often over lapping. Employment, tax, pension, civil rights are only a few of the...
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...PUB 195 NC (7-10) FACT SHEET Identification and Legal Presence Requirements for Non-United States Citizens As part of a nationwide effort to enhance the issuance of secure identification credentials, Pennsylvania requires the following documentation from Non-U.S. Citizens applying for a PA Driver’s License, Learner’s Permit and/or Identification (ID) Card, or transferring an out-of-state driver’s license. A minimum of one year legal presence is required by Pennsylvania law. PennDOT determines the expiration date of products based on your length of stay documents (typically the I-94) along with information from the Department of Homeland Security (DHS). PennDOT verifies immigration documents electronically with DHS. This verification may not be able to be completed on the day of your visit and may require additional verification which can take up to 3 weeks to complete. Please take this time into account when planning to get a product. Age Requirements for Non-U.S. Citizens Individuals must be at least 16 years of age to apply for or, 16 1/2 years of age to transfer a Non-Commercial Driver’s License and/or Non-Commercial Learner’s Permit. Out-of-State Learner’s Permits can not be transferred to Pennsylvania. Individuals applying for or transferring a Commercial Driver’s License must be at least 18 years of age for intrastate driving or 21 years of age or older for interstate driving. Individuals must be at least 10 years of age to apply for a Photo Identification (ID) Card...
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...Running head: ORGANIZATION AND PERSONAL ETHICAL DELIMMAS How Personal Can Ethics Get? Jamaine Williams Dr. Robert Culver Leadership and Organizational Behavior- Bus 520 January 29, 2011 Strayer University Introduction This is a case that many faces everyday in the workforce. Valerie Young was in the United States on a work visa that allowed her to work in the states as a non-citizen. While working at her job she ran across an unethical situation that was a violation of the company policy her manager was involved in. the letter stated that her manager was taken kickbacks from the fragrance companies under the name of his private company. Mr. Waters have this I don’t care attitude that he can do what he wanted at the company, cater himself with vacation days and lax schedule with no regard for the team he was the leader of. But Valerie was placed in a position that stressed her out. With her being an immigrant if she reports this to the higher management and her boss was fired the team that was already downsized could be discontinued. She would be forced to go back to her country due to her citizenship status or do absolutely nothing and remain in the United States and let her boss continue to collect kickbacks? Ethical dilemmas that Valerie is facing? On the date of the incident Valerie had many different emotions going though her body. Because Valerie was unable to figure out if her team players were involved in her boss behavior she was forced to hold it in...
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...relationship with insurance companies and property management companies Oct. 2010-May. 2011 • Aided as the bookkeeper and the assistant of the accountant Aegis Service Corp. New York, USA Internship • Aided as the of insurance broker and producer, helping customers to apply for any kind of insurance policy such as auto insurance, property insurance, general liability for business, workers’ compensation, etc. Aug. 2010-Oct. 2010 • Worked as an interpreter in the Safety Training class such as Scaffold 4, OSHA 10, etc. Shengjin Yang Esq. (Law Office) New York, USA Internship • Worked as an interpreter both in interpretation and translation, translating the documents for the attorneys and doing as an interpreter at USCIS for the cuatomers Jan. 2010-Jul. 2010 Utopia Produce Inc. New York, USA Internship May. 2009-Aug. 2009 • Helped to do international trade, especially in...
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...of the authentic work with a new ISBN. The information presented in Welcome to the United States: A Guide for New Immigrants is considered public information and may be distributed or copied without alteration unless otherwise specified. The citation should be: U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Office of Citizenship, Welcome to the United States: A Guide for New Immigrants, Washington, DC, 2007, Revised Edition. USCIS has purchased the right to use many of the images in Welcome to the United States: A Guide for New Immigrants. USCIS is licensed to use these images on a non-exclusive and non-transferable basis. All other rights to the images, including without limitation and copyright, are retained by the owner of the images. These images are not in the public domain and may not be used except as they appear as part of this guide. This guide contains information on a variety of topics that are not within the jurisdiction of DHS/USCIS. If you have a question about a non DHS/USCIS issue, please refer directly to the responsible agency or organization for the most current information. This information is correct at the time of printing; however, it may change in the future. For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov...
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