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Immigrant visa processing at a consulate abroad is the traditional method of acquiring lawful permanent residence, once an alien's petition for permanent residence has been approved by United States Citizen and Immigration Services ("USCIS").
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The USCIS oversees federal laws regarding the employment of immigrants in the United States. Businesses have a legal duty to ensure that its employees have legal authorization to work in this country. As most of these laws apply to foreign-born individuals, American companies must take extra precautions to comply with the federal laws for every employee who was not born in the United States.
In order to assist American companies in fulfilling these federally mandated obligations, the USCIS Customer Service Center supplies information and assistance on an individual basis. This includes helping business owners locate which forms they must file with the USCIS for immigrant workers, determine what kind of training the workers require and even whether or not they must provide certain benefits. Contact any USCIS office to learn more about the following:
1. Learn which USCIS application forms American business owners must file so they can legally hire foreign workers.
2. Determine whether the US citizenship and immigration services qualifies you to hire workers with special skills.
3. Stay abreast of recent developments with the USCIS processing procedures.
Action Steps
The best contacts and resources to help you get it done
Access USCIS guides and application forms when hiring foreigners
Err on the side of caution by confirming which application forms your business may need to hire foreigners, whether for short or long term projects.
I recommend: How Do I Guides not only list USCIS processing times, they also contain explicit directions for business owners on how they may hire foreigners for temporary work projects in the United States or how to sponsor an employee seeking to obtain permanent residency. The site further explains how to complete the necessary forms. For more information, visit the Questions and Answers page.
Claim special work eligibility status for foreigners with the USCIS
When you've located an individual who possesses extraordinary abilities in any given field that your business operation depends upon, you can apply for a special kind of USCIS work qualification.
I recommend: EB-4 Eligibility and Filing, EB-1 Eligibility and Filing and EB-2 Eligibility and Filing are USCIS forms that businesses must file when they want to hire foreigners with exceptional skills in fields such as science, business and the arts.
Monitor current changes in the USCIS application form rules
Penalties for not completing the necessary work petitions are stiff. With so much information on the USCIS website geared specifically to employers, there's no reason you can't stay informed of the latest legal developments in hiring foreign workers.
I recommend: Contact the Systematic Alien Verification for Entitlements (SAVE) Program for any changes to employer information that the USCIS publishes. The Temporary Benefits Employment Categories and Required Documentation page on the USCIS website accurately describes the new USCIS policy for documenting nonimmigrant workers.
Tips & Tactics
Helpful advice for making the most of this Guide
- • If your business depends upon long-term employment of a foreign worker, the USCIS will consider issuing a Green Card to that individual.
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After 2001, the US Congress separated the border protection and immigration functions of the US government and put them into the Department of Homeland Security, giving the US Citizenship and Immigration Services authority over immigration. This is where all those who want to visit the US, whether as student, tourist, worker or permanent resident, can get the necessary information and begin the process.
The USCIS home webpage is an excellent portal to information and includes:
1. Discussions on the regulations and interpretations controlling immigration, current laws and policies and the work of the immigration-related bureaus of the Department of Homeland Security.
2. Education resources for immigrants when they first become permanent residents and when they are ready to begin the formal naturalization process.
3. Career opportunities and the required USCIS forms, as well as information about pay, benefits and training.
Action Steps
The best contacts and resources to help you get it done
Find the correct USCIS forms
As when dealing with any government agency, there are myriad USCIS immigration forms available. Just a few of the many forms are USCIS application forms, forms for providing biographic information and forms for changing an address. Fortunately, all these forms are downloadable online.
I recommend: Get your forms from the USCIS website. For each form, the site lists the filing fee, form number and the edition of the form offered. The Law Offices of Rajiv S. Khanna, PC offer a comprehensive list of links to forms and information about how and who can use the forms.
Check USCIS case status
Naturally, once someone has applied for some form of immigration, the person will want to know the status of that application. USCIS case status service is available. When checking the status of a case, remember that the government moves slowly, so USCIS processing times are long, which is why there's an extra-fee premium processing service available.
I recommend: Quan, Burdette & Perez, P.C. provides a page through which you can get the status of a case and a list of processing dates. Follow the instructions at imminav.com to personalize your Google home page to track your USCIS case status.
Discover US Citizenship and Immigration services and benefits
Special USCIS customer service is available to applicants. Some of these special services require an additional fee, such as USCIS premium processing. There are services for those involved in Executive Office for Immigration Review (EOIR) removal proceedings. Other important services and benefits include those for adoptions, humanitarian issues and those for employers.
I recommend: Adoption Media, LLC includes links to forms and information about adoption, an immigration booklet, visas, applying for citizenship and more. The Vera Institute of Justice provides links and information about EOIR removal proceedings issues like expedited removal, reinstatement of removal and requesting asylum.
Tips & Tactics
Helpful advice for making the most of this Guide
- • When dealing with the USCIS, be very careful. Be sure that any information you provide is truthful, but do not provide any more than absolutely necessary.
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