Highly Skilled Workers May Wait Less Time for Green Cards

December 2, 2011 By Tom Jr.

On November 29, 2011, the U.S. House of Representatives easily passed an immigration bill that allows more highly skilled immigrants from China and India to become green card holders (i.e. legal permanent residents.) We say “easily” passed the House because the bill had bipartisan support and was passed with a vote of 389 to 15. The bill is likely to pass the Senate as well.

American technology corporations, such as Microsoft, have long petitioned for a change in legal immigration laws because their workers, here on temporary visas, are being forced to leave because of the green card backlog. Corporations have stated that the U.S. is losing its edge in the world economy and the technology race due to a lack of highly skilled workers.

The bill does not address illegal immigration issues. Instead, the goal is to reduce employment-based green card waits for highly skilled workers such as those with science and technology skills such as those with master and doctorate degrees in engineering and science. Currently, highly skilled workers may be approved for a green card but have to wait years and years to actually receive it. The wait can be decades.

The bill eliminates caps on the number of annual employment green cards available to a specific country. The bill does not change the number of green cards available; that number remains at 140,000. It just eliminates the current 7% (i.e. 9,800 visas) limit per country. Instead, all employment-based green cards would be distributed first-come-first-served. However, it’s estimated that wait will still be approximately 12 years, according to Stuart Anderson, executive director of the National Foundation for American Policy.

In addition, the bill keeps the limit on family-based green cards at 226,000, but raises the number of green cards available to each country, by eliminating the current 7% per country cap and replacing it with a 15% cap. This changes the number of family-based green cards available for each country from 15,820 to 33,900 and will benefit Filipinos and Mexicans.

If you wish to bring or keep a highly skilled worker in the United States or you are a highly skilled worker and wish to obtain a green card, consult with a qualified immigration attorney. We focus our practice on immigration law and help people just like you every day.

Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will gently walk you through your immigration issues, guiding you; and, even aggressively represent you in court and before the Department of State, if need be.

Filed Under: Employment, Employment Visas, Green Card, Immigration

Want to Come to the United States? Here’s How to do it.

September 20, 2011 By Tom Jr.

Many people would like to come to the United States and wonder how to do it. A qualified immigration attorney will counsel you through this process; help you to determine the foundation for your visit and the best strategy for meeting your goal, coming to the U.S.

First, you need to think about why you want to enter the U.S. Do you want to visit Niagara Falls or Yellowstone National Park? Do you want to study at Ohio State or Harvard? Do you want to live with your parents or spouse? Do you want to visit Aunt Penelope or Uncle Jose? Do you want to participate in the New York ballet or opera? Do you want to work for Microsoft or Apple?

Second, when you think about why you want to come to the U.S., you’ll know whether you need an immigration visa or a non-immigration visa. Immigrant visas are permanent; whereas, non-immigrant visas are temporary, meaning that you can enter for the the particular purpose stated, but you then must leave when your purpose has been accomplished or within a specific time period.

Third, match your reason for coming to the U.S. with either the immigration or non-immigration path; fill out and file the required forms with appropriate documentation; and, wait.

For example,

A K-3 visa is a non-immigrant visa for a spouse.
A K-1 visa is a non-immigrant visa for a fiancé(e).

An EB-5 visa allows those who invest significantly in the U.S. and create jobs to enter the U.S. This is an immigrant visa.

An H-1B visa is a temporary work visa; it is a non-immigrant visa.

The B-1 visa is for athletes, both amateur and professional to compete for prize money. It’s non-immigrant visa. Business visitors also use a B-1 visa.

File for a B-2 visa if you want to visit family in Columbus, receive medical care in Cleveland; or, visit Football Hall of Fame in Canton or the Rock ‘n Roll Hall of Fame in Cleveland.

An R visa is appropriate for religious workers; a professor, teacher, or scholar uses a J visa; and, the media and journalists use an I visa.

Where to Get Help Obtaining a Visa

Our immigration attorneys at Geygan and Geygan, Ltd. have helped many people just like you to obtain and renew visas. We focus our practice on immigration law; we will gently walk you through the visa process. Your next step is to contact our office, and you can reach us at 513-793-6555 or Thomasjr@geygan.com.

Filed Under: Employment, Employment Visas, Family based Immigration, Family Visas, Green Card, Green Card, Green Card, Immigration, Investor Visas, Treaty Investors

Immigration Laws are So Confusing

August 25, 2011 By Tom Jr.

Immigration Laws are So Confusing

If you’ve ever thought, “Immigration Laws are sooooo confusing,” you’re not alone – and you’re right. Immigration law is very detail oriented, with lots of rules and procedures, which change continuously. That’s why we focus our practice on immigration law and don’t try to be experts in all legal fields.

How We Can Help You and Your Family with Immigration Matters

First off, it’s important that you don’t feel alone and that you know you’re in good hands. So, we explain how immigration procedures work and, specifically, how we will help you. For instance, you may need representation in immigration court, help bringing a family member to live with you in the United States, or legal assistance to avoid removal proceedings and deportation.

Secondly, we answer all of your questions and address your concerns. We explain what to expect, and how your specific immigration issue will be handled. You will never be surprised. We’ve found that these conversations help our clients to feel increased peace of mind and to sleep better at night.

Third, we guide you through all immigration matters step by step. You are never alone, even if you need to go to court, have an immigration interview, or file applications with supporting documentation.

Full Disclosure is Required; Confidentiality is Guaranteed

While we, as your immigration lawyers, do all the things mentioned immediately above, you must be active in your immigration case as well. Basically, this means that you must be completely honest, and disclose all information even if you think it may be harmful to your case. We can only help you if we know everything. Just like a medical doctor can only diagnosis and treat a problem if you disclose all of your symptoms, we, as you immigration attorneys, can only understand your immigration issues and determine what legal path to pursue if we have all the facts. Once we establish the attorney-client relationship, anything you disclose to us will be held in the strictest of confidences, as required by law.

Where to Get Help with Immigration Issues

We focus our practice on immigration law and help people just like you every day. We will listen to your concerns and answer your questions; you are not alone.

Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will gently walk you through your immigration issues, even representing you in court and before the Department of State.

Filed Under: Adoption, Asylum, Citizenship, Deportation & Removal, Employment, Employment Visas, Family based Immigration, Family Member, Family Visas, Green Card, Green Card, Green Card, Immigration, Immigration Court, Investor Visas, Naturalization, Reform/New Laws, Treaty Investors, Waiver

"LPR" or "Green Card"

August 12, 2011 By Tom Jr.

“LPR” or “Green Card”

“LPR” stands for “lawful permanent resident.” If you’re like most people, you’ve heard the term, “green card,” but aren’t sure what it actually means. A green card is a colloquial term for the legal document that proves that the holder is a lawful permanent resident and has a legal right to live and work in the United States. It’s also called the “United States Permanent Resident Card” (formerly, “Alien Registration Receipt Card.”) But with a name like that, it is easy to understand why the term “green card” is so widely used.

It may not surprise you that green cards are green. However, they have been green; then pink, then cream and, now again, green. They are small laminated cards with the permanent resident’s photograph and fingerprints.

What are the benefits of a green card?

The green card benefits are significant. The green card indicates that the holder is a “lawful permanent resident,” having the right to live and work in the United States. The holder also has the right to be protected under the laws of the federal government as well as his or her state and locale of residence.

The green card also serves as a reentry document, meaning that the holder has the right to reenter the United States after a short absence, without providing additional documentation.

It is significant to note that a lawful permanent resident or green card holder is not a U.S. citizen. And, thereby, does not have all the rights associated with citizenship such as voting in national elections.

Does the green card expire?

The green card is permanent, although it must be renewed every 10 years (like a driver’s license needs to be renewed.) However, there are two limitations: First, the holder’s U.S. residence must remain his or her primary residence. Second, conviction of certain crimes will nullify lawful permanent residence status.

How to get a green card

Remember the romantic comedy (1990) feature film, “Green Card?” A young American woman enters into a marriage of convenience so that a Frenchman can attain his green card. Having a family member or fiancé petition for a green card is just one way to become a permanent resident.

The most common ways to get a green card are through:

a family member
a job (typically, a high level professional position)
political asylum or as a refugee

If already in the U.S., a green card applicant goes through a process called “Adjustment of Status” to obtain a green card. If living outside the U.S., the applicant must go through a process called “Consular Processing,” applying at a U.S. embassy or consular outside the U.S.

Who makes these green card rules?

Although most people have heard of “INS” and seen references to it on television, the INS was dissolved in 2003. All immigration matters are under the jurisdiction of the U.S. Citizenship and Immigration Service (USCIS.) The USCIS is an agency under the Department of Homeland Security.

Where to Get Help Becoming LPR or Obtaining a Green Card

If you have questions regarding obtaining a green card and becoming a lawful permanent resident, consult with a qualified immigration attorney. Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and getting green cards.

We focus our practice on immigration law, LPR status, and green cards; and, you can reach us at 513-793-6555 or Thomasjr@geygan.com. We will gently walk you through the immigration process, represent you in court, and aggressively fight for your legal rights. We look forward to hearing from you.

Filed Under: Asylum, Employment, Family based Immigration, Green Card, Green Card, Green Card, Immigration, Immigration Court, Investor Visas

Microsoft Desperately Needs H-1B Visas

August 6, 2011 By Tom Jr.

Microsoft Desperately Needs H-1B Visas

Microsoft is desperate for the U.S. government to allow more foreign nationals to be permitted to enter, work, and live in the United States. They are so desperate that general legal counsel, Brad Smith, testified before Congress on July 26, 2011, indicating that Microsoft has extreme difficulty finding qualified American workers for highly skilled jobs. Some highly technical jobs are taking 65 days to fill, even in the current economy. ”We need to be able to attract – and have adequate access to – skilled workers from abroad,” said Smith.

The H-1B Highly Skilled Worker Visa

Other companies, immigration attorneys, interest groups, and individuals have previously asked for immigration reform to grant H-1B visas to more highly skilled workers. Currently, 85,000 H-1B visas can be issued per year. A U.S. employer must apply for the work permit on the worker’s behalf and the application process takes about 30 days if premium processing is used.

The worker must be highly educated (equivalent to a bachelor’s degree with appropriate licensing) and trained for a specialty occupation such as architecture, engineering, biotechnology, medicine/health, law, the arts, social sciences, physical sciences, education, and telecom. This list is not exhaustive.

H-1B Visa Benefits

The H-1B visa benefits are significant, but limited. The work permit indicates that the holder has the right to live and work for a particular employer in the United States.

The worker may bring his or her spouse and children (under the age of 21), under an H4 visa, which gives them permission to live in the United States with you. Dependents cannot work without their own H-1B visa/work permit.

It also serves as a reentry document, meaning that the holder has the right to reenter the United States after an absence.

It is significant to note that a permit H-1B visa holder is neither a U.S. citizen nor a permanent resident. And, thereby, does not have all the rights associated with citizenship such as voting.

Where to Get Help Applying for an H-1B Visa

If you have questions regarding obtaining a work permit and obtaining an H-1B visa, consult with a qualified immigration attorney. Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and getting work permits.

We focus our practice on immigration law and you can reach us at 513-793-6555 or Thomasjr@geygan.com. We will gently walk you through the process and aggressively fight for your legal right