Video: What Are Visa Alternatives to H-1B Visa?

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E-3, H-1B, H-1B1, J-1, L-1, O-1, P-1, TN

Immigration Success Story: NIW Green Card for a Scientist from Taiwan

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Green Card, NIW, Scientist, Success Story

The Marks Gray Immigration Team regularly helps clients obtain Green Cards for permanent residency through National Interest Waivers (NIW).

This month, we are highlighting a success story of a scientist from Taiwan who is well-known for the development and implementation of novel proton therapy technologies used to combat cancer.

What Immigration-Related Questions Can Employers Ask During the Hiring Process?

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Hiring, Human Resources, I-9, Immigration Compliance, Sponsorship, Work Authorization

Employers often ask me: “What pre-employment questions are permissible to ask to help me determine whether a prospective candidate requires immigration sponsorship?”

Employers are prohibited from denying protected individuals employment because of their real or perceived immigration or citizenship status.

Until recently, the following two questions were the only accepted questions for pre-hire screening:

1. Are you authorized to work in the U.S.?; and
2. Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?

What Kind of Changes to Expect in Immigration Compliance

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E-Verify, I-9, ICE, Immigration Compliance

Immigration compliance is a top priority for the new administration, and many changes may be coming soon.

One projection is that E-Verify will become mandatory for all employers. Currently, participation is voluntary except for federal contractors or if your state has a mandate.

Only time will tell if mandatory E-Verify becomes a reality nationally for all businesses, but two recent enforcement actions may provide us with an idea about the types of changes to immigration compliance we should expect:

A New Look for Green Cards and EADs

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EAD, Green Card

In April, USCIS announced a redesign of the Permanent Resident Card (i.e. Green Card) and Employment Authorization Document (EAD). The new-look documents started being issued in May, so some of you may have already received them.

Why is USCIS doing this?

The redesign is part of the Next Generation Secure Identification Document Project, an effort to create documents that are more secure and harder to alter. The goal is to reduce fraud and counterfeiting.

Plan for Retrogression in Green Card Categories

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Green Card

Wondering how long it may be until you get your Green Card? The US Department of State often shares projections for the various visa categories to give people a sense of how things are currently moving.

Here is information on expected priority dates retrogressions in specific categories, so you can plan ahead!

Giselle’s CNFBTA Presentation and a Travel Alert: “Extreme Vetting” for Visas

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Travel

On May 4, Giselle Carson gave a presentation to the Central & North Florida Business Travel Association. Here is what the CNFBTA Director of Communications Brian DeLeon had to say about it:

“Awesome update on what to expect when hiring foreign nationals. Dynamic presentation from Attorney and Jacksonville Aviation Authority Vice Chair, Giselle Carson.”

Speaking of travel, the new administration has proposed additional changes to the visa processing procedures, collectively referred to as “extreme vetting”. Here’s how they may impact travelers. 

FAQs about Priority Dates

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I-140

A priority date establishes your place in the queue for a permanent residency status (also known as a Green Card). You cannot file your Adjustment of Status (AOS) applications or apply for your immigrant consular interview until your priority date is current.

Depending on your visa category and country of chargeability, this can be one to several years. For most foreign nationals, losing or retaining a priority date can make a big difference in the timeline of their path to permanent residency.

The new rule that went into effect on January 17, 2017 made some changes to the process of determining priority dates. Here are common questions about these changes.

Marks Gray Immigration Receives Avvo Clients’ Choice Award

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Award

The Marks Gray Immigration Team is honored to receive the Avvo Clients’ Choice Award for our work assisting employers and individuals with business immigration matters.

Avvo, a prominent online legal services marketplace, presents the Clients’ Choice Award each year based on the quantity and quality of reviews an attorney receives on the Avvo website.

We’re grateful to our outstanding clients for their positive feedback and welcome the opportunity to continue to serve our community!

Immigration Success Story: I-140 Petition – EB-1 Outstanding Professors and Researchers

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EB-1, I-140

The Marks Gray Immigration Team regularly helps clients with I-140 Petitions in the EB-1 Preference for Outstanding Professors and Researchers. This month, we are highlighting a success story of an internationally recognized physics professor and researcher from Romania.

We prepared a strong petition highlighting the candidate’s advanced degrees, outstanding ability in the field of matter-materials physics, international recognition, publications, and significant contributions to his field, as well as his employer’s permanent need for his services.