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Immigration Guideline

Who Is Eligible for Asylum or Refugee Protection in the United States?

Who Is Eligible for Asylum or Refugee Protection in the United States?

Asylum and refugee status are legal protections granted to people who have fled their home country for their safety and are afraid to return to any part of that country. People who flee their home countries due to persecution may apply for asylum in the United States. If they are granted asylum, they will be provided with protection and the right to remain in the United States. Persecution can be defined as harm or threats of harm to you, your family, or people who are similar to you. A person may also seek asylum if he or she has previously faced persecution in his or her home country. You can only obtain asylum if one of the reasons someone harmed or may harm you is because of your race, religion, nationality, political opinion (or a political opinion someone believes you have), or membership in a “specific social group.” What is the distinction between asylum and refugee status in U.S. immigration law? It depends on where you are at the time of application. People living outside the United States must apply for refugee status, which is usually done through the United Nations High Commission for Refugees. The President of the United States sets an annual limit on total approvals. People who have already crossed the border or entered the United States (either legally or illegally) can, in theory, apply for asylum. Once granted, both refugee and asylee statuses allow a person to remain in the United States indefinitely. Asylees and refugees are allowed to work and apply for a green card within one year of entering the United States as refugees or being granted asylum. Types of Asylum The two ways of obtaining asylum in the United States are the affirmative process and the defensive process (see USCIS website for more information). The affirmative asylum process is for people who are not in removal proceedings. In contrast, the defensive asylum process is for people in removal proceedings. When the United States government orders your removal (deportation) from the country, you are in removal proceedings. Affirmative Asylum Processing with USCIS Regardless of the present immigration status, a person physically present in the United States and not in removal proceedings may apply for asylum proactively through the United States government via the U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). Applicants must apply for asylum within one year of the date of their last arrival in the United States unless they can show: •  Changed circumstances that materially affect their eligibility for asylum or extraordinary circumstances relating to the delay in filing; and • They filed within a reasonable amount of time, given those circumstances. If the USCIS asylum officer denies the applicant’s asylum request, the applicant moves to removal proceedings. In that case, they may renew the request for asylum through the defensive process and appear before an immigration judge. Defensive Asylum Processing with EOIR When individuals file a defensive asylum claim, they attempt to

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Overview of PERM Labor Certification Process

Overview of PERM Labor Certification Process

“Labor Certification” is the most common employment-based option for obtaining a green card. To obtain labor certification, a U.S. employer must prove that there are no minimum qualified U.S. workers for the position. Once this application has been “certified” by the U.S. Department of Labor (DOL), the employer will be able to apply to the U.S. Citizenship and Immigration Services (CIS) for permanent residency (a “green card”) for the foreign employee. What is PERM Labor Certification? The PERM process, which stands for “Program Electronic Review Management,” is a series of steps that an employer must take to demonstrate that no U.S. citizen worker is available to fill the position. Also, wages offered by the employer must not be lower for foreign workers than what a U.S. citizen would demand. Overall, the primary purpose of PERM certification is to evaluate whether hiring a non-U.S. citizen employee would prevent equally capable U.S. workers from acquiring similar positions. How Does PERM Work? The following guide will go over the procedure for obtaining a PERM certification. Step 1: Prevailing Wage Determination (PWD) Request The employer makes a “prevailing wage request” to the U.S. Department of Labor (DOL) via its FLAG website (the former “icert” website was decommissioned in 2020). The DOL receives information regarding the offer from the prevailing wage request, such as employment requirements, job duties, and workplace location. The DOL uses this information to issue an employer a prevailing wage determination (PWD), which specifies the average rate for a particular employment position at a specific worksite. The PWD is a critical aspect of the PERM process because immigration law requires employers to pay foreign workers at least the prevailing wage for the worker’s position. Employers must provide the correct worksite location on the prevailing wage request to ensure that the DOL gives them the accurate PWD. Step 2: Placing Ads and Recruiting The next recruitment step is especially critical, as the entire point of the PERM process is to demonstrate to the DOL that no willing and qualified U.S. workers applied for the job opportunity. The employer is required to perform “good faith” recruitment, which means that the recruitment must be genuinely aimed at attracting any available American workers. There are three obligatory advertisements for PERM. • Job order: In the state where you plan to work, your employer must post an advertisement with the state workforce agency for a period of 30 days. •  Advertisement in the newspaper: The employer must place newspaper advertisements on two different Sundays. The newspaper must be the major newspaper of general circulation in the area of intended employment. •  Additional recruitment steps: The employer must also place three additional advertisements and display a notification of the job opportunity at the worksite location. If possible, employers should put all of the adverts simultaneously (or near to the same time). The timeline needs to be followed because all advertisements must be less than 180 days old when filing the PERM application. If one of the ads is more than 180 days old,

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Crimes That Make U.S. Visa or Green Card Applicants Inadmissible

Crimes That Make U.S. Visa or Green Card Applicants Inadmissible

Whether committed in the U.S. or overseas, a crime on someone’s record can seriously negatively affect the chances of successfully immigrating to the United States. It can also result in the deportation of someone who already has a nonimmigrant visa or a green card or the destruction of his or her hopes of becoming a U.S. citizen. Suppose you apply for a U.S. visa or lawful permanent residence (a “green card”). In that case, the government officials reviewing your application will take steps to make sure that you are “inadmissible” to the United States. If you are inadmissible, you will be denied the green card or visa unless the law provides an opportunity for you to apply for legal forgiveness, called a “waiver,” and you successfully do so. Section 212(a) of the Immigration and Nationality Act (I.N.A.) (or 8 U.S.C. 1182(a)) contains the grounds for inadmissibility. They include a variety of offenses, diseases, previous immigration violations, and the possibility of requiring government financial support. On the other hand, Crime is a severe issue for many immigrants. However, not every felony on a person’s record renders them ineligible. Which Crimes Made the Statutory List A conviction for a moral turpitude-related crime (but not a purely political offense). Any attempt or conspiracy to commit such a crime is included. It excludes offenses committed under 18, as long as the person was released from jail more than five years before applying for a visa or other immigration benefit. Conviction or admission of a controlled substance violation, whether under U.S. or foreign law. This includes any conspiracy to commit such a crime. Convictions for two or more crimes (other than purely political ones) for which the prison sentences totaled at least five years. Conviction or participation in controlled substance trafficking (according to the U.S. government’s reasonable belief). Anyone who knowingly aided, abetted, assisted, conspired, or colluded in illicit drug trafficking is included. It also contains the inadmissible applicant’s spouse, son, or daughter if that person received any financial or another benefit from the illegal activities within the last five years and knew or reasonably should have known where the money or benefit came from. Having the purpose of engaging in prostitution or commercialized vice upon coming to the United States, or a history, within the previous ten years, of having engaged in prostitution. Procurement or attempted procurement or importation of prostitutes, directly or indirectly, or receipt of proceeds of prostitution, any of which occurred within the previous ten years. Assertion of immunity from prosecution after committing a serious criminal offense in the U.S., if the person was thus able to depart the U.S. and has not since submitted fully to the jurisdiction of the relevant U.S. court . Commission of particularly severe violations of religious freedom while serving as a foreign government official. Commission of or conspiracy to commit human trafficking offenses, within or outside the U.S., or being a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker according to the

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The U.S. Sponsor’s Financial Responsibilities

The U.S. Sponsor’s Financial Responsibilities

If you (a U.S. citizen or lawful permanent resident) are petitioning for an immigrating husband, wife, parent, child, brother, or sister to receive a U.S. green card, an important part of your role is ensuring that the immigrant will not be found inadmissible as a likely “public charge.” Put another way, you’ll need to show the U.S. government that your relative will not receive welfare or other need-based public assistance. Learn more about your obligations here.   Satisfying the Sponsor’s Obligations Preparing Form I-864 Affidavit of Support for Family Immigration: One of the most important forms that the U.S. government requires as part of getting a family-based green card is the USCIS Form I-864, Affidavit of Support. Its purpose is for the U.S. citizen or green card holder who is petitioning for immigrating family members to help demonstrate that the immigrant won’t need to rely on government financial assistance, technically known as becoming a “public charge“; specifically because the petitioner will provide backup. USCIS 2021 Poverty Guidelines: According to 2021 Poverty Guidelines by U.S. Government, the figures are critically important to any U.S. citizen or lawful permanent resident who is sponsoring a family member (perhaps a spouse, parent, child, brother, or sister) for U.S. lawful permanent residence (a U.S. green card). As part of the application process, the U.S. petitioner will need to fill out a form called an Affidavit of Support, on USCIS Form I-864, on the immigrant’s behalf. The legal purpose of this Affidavit is to prove that, according to the numbers set forth within the U.S. Poverty Guidelines, the U.S. sponsor’s household income is high enough to support the immigrating family members at 125% or more of U.S. poverty line levels, after taking into account anyone already living with or dependent on the U.S. sponsor. A U.S. sponsor filling out Form I-864 must prove that his or her income or assets are high enough to support the intending immigrants; and the 2021 guidelines require higher than ever support levels. Filling Out the Sponsor’s Paperwork Filling Out Form I-864, Affidavit of Support Under Section 213A of the Act: In order to petition for and sponsor an immigrant to become a U.S. permanent resident (receive a green card), the U.S. citizen or permanent resident petitioner must show readiness and ability to support that person financially for a period of years. The petitioner has to fill out Form I-864 or Affidavit of Support available on the USCIS website. The affidavit represents the petitioner/sponsor’s promise to either support the immigrant financially or pay back (reimburse) any government agencies from which the immigrant does claim financial assistance and the sponsor’s capacity to provide the promised support, by providing income and assets (if need be) that are at least 125% of the amount at which someone would be considered to be living in “poverty,” according to the U.S. government’s Poverty Guidelines. How Overseas U.S. Citizen Proves U.S. Domicile for Form I-864 Sponsorship: A U.S. citizen wishing to sponsor his/her foreign citizen relative for a green card, may (or may not) need to file, among other things, a Form I-864, Affidavit of Support.

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Green Card Qualification

Green Card Qualification

A green card identifies its holder as a U.S. permanent resident, with rights to enter, exit, work, and live in the United States for their entire life—and to eventually apply for naturalized U.S. citizenship. To apply for a Green Card, you must be eligible under one of the categories listed below. Большие выигрыши в казино Daddy: истории успеха от россиян Казино Daddy стало настоящим местом сокровищ для российских игроков, превращая их мечты в реальность. В этой статье мы расскажем вам о захватывающих историях успеха россиян, которые смогли выиграть крупные суммы в этом популярном онлайн-казино. Вам интересно узнать, какие стратегии и секреты использовали эти игроки, чтобы обогатиться? А может быть, вы сами мечтаете о большом выигрыше? Тогда продолжайте читать и найдите вдохновение для своих будущих игр в казино Daddy. Мы рассмотрим различные истории успеха, начиная от тех, кто выиграл крупные суммы на слот-машинах, до тех, кто смог разбогатеть благодаря умелым стратегиям в покере и рулетке. Вы узнаете, какие игры и стратегии стали ключом к успеху для этих счастливчиков. Кроме того, мы рассмотрим, какие преимущества предлагает казино Daddy своим игрокам, и как оно стало одним из самых популярных онлайн-казино среди российской аудитории. Готовы ли вы отправиться в захватывающее путешествие по миру выигрышей вместе с нами? Тогда давайте начнем! Истории о сказочных выигрышах: как россияне стали миллионерами в казино Daddy Казино Daddy – это место, где сбываются мечты и происходят большие выигрыши. Мы рады поделиться с вами историями успеха от наших российских игроков. Они подняли огромные суммы денег и обрели финансовую независимость благодаря своему умению и удаче. Если вы мечтаете о больших выигрышах, присоединяйтесь к нам в казино Daddy и возможно, вы станете следующим счастливчиком! Посетите наш сайт http://daddycasinoslots.com/ и начните свой путь к успеху уже сегодня! Одна из наших историй успеха от российского игрока Александра. Он решил испытать свою удачу в казино Daddy и сделал ставку в игровом автомате. Вскоре удача улыбнулась ему, и он выиграл огромную сумму денег! Благодаря своему выигрышу, Александр смог осуществить свою мечту – купить новое жилье и обеспечить свою семью. Если и вы мечтаете о жизни без финансовых ограничений, присоединяйтесь к нам в казино Daddy и играйте настоящими победителями! Посетите наш сайт http://daddycasinoslots.com/ и начните свой путь к успеху уже сегодня! Секреты успеха: какие стратегии и тактики привели к большим выигрышам в казино Daddy Большие выигрыши в казино Daddy: истории успеха от россиян Казино Daddy стало популярным местом для российских игроков, которые стремятся выиграть крупные суммы денег. Многие игроки делятся своими историями успеха, которые впечатляют и вдохновляют других. Одна из таких историй – это история Ивана, который смог выиграть в казино Daddy огромную сумму денег. Играя в слоты, Иван удачно собрал комбинацию символов, что принесло ему выигрыш в размере 1 миллиона рублей. Он рассказывает, что именно благодаря казино Daddy он смог изменить свою жизнь, позволив себе реализовать давние мечты и путешествовать по всему миру. От обычного игрока до миллионера: удивительные превращения судьбы в казино Daddy Казино Daddy — это популярное онлайн-казино, которое предлагает уникальные возможности для игры и выигрыша. Многие россияне уже стали счастливыми обладателями больших выигрышей,

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Changing Status from F2 to F1

Changing Status from F2 to F1

When you enter the United States in nonimmigrant status, you do so for a specific purpose, such as study, work, or travel. You may enter the U.S. with one goal and later change your drive. When this happens, you may need to obtain a new status. Different visa/status categories allow various activities. The Law Office of Attorney Raju Mahajan is happy to help you apply to the U. S. Citizenship and Immigration Services (USCIS) to change your nonimmigrant status to F-1 student. Make an appointment if you want to apply. To change from an F-2 dependent status to F-1 student status, your F-1 spouse or parent must be in the United States and maintain his or her F-1 status throughout the time your application is pending. To change your status from F-2 to F-1, you can either:   A. Travel outside the U.S., apply at a U.S. consulate for F-1 visa type and re-enter the U.S. in the new status or  B. Request a change of status within the U.S. by sending an application to the United States Citizenship and Immigration Services. Option A: Travel and Reentry Leave the U.S., apply for a new visa at a U.S. consulate, and re-enter the U.S. with the new visa. You will gain your new status when you are admitted to the U.S. This process is usually faster than changing status in the U.S. and requires less paperwork. Also, you will obtain the visa and status. However, it has two drawbacks: the possibility of delay in visa processing time and travel and ticket expenses. PROCEDURE  To use this option, follow these steps:  To use this option, follow these steps:   1. Submit “I-20 Request Form” and supporting document– from the last page of this guide. OISSS will issue an initial Form I-20 after reviewing these documents.  2. Pick up your new F-1 student Form I-20, review it, sign and date it on page 1 where indicated.  3. Travel outside the U.S. 4. Apply for an F-1 visa at a U.S. embassy/consulate. Be aware application for the new visa may involve security clearance and could delay your visa issuance.  5. Re-enter the U.S. in new visa status with the new I-20. Please note, you may not re-enter the U.S. more than 30 days before the program start date indicated on your I-20.  6. Report to OISSS upon your return to EKU and bring your passport, I-94, and I-20. Failure to do so on time may result in the cancellation of your SEVIS record. Option 2: Change Status in the U.S Submit an application to the U.S. Citizenship and Immigration Services (USCIS) for a change of status. This option allows you to change your status while remaining in the U.S. With this option, you may gain a new status but you will not receive a new visa; visas are only issued outside the U.S. when you travel back to your home country. This will allow you to stay in the U.S. during processing. However, this process can be prolonged (three to six months). Also,

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How Do you Get a F2 Visa?

How Do you Get a F2 Visa?

Studying at a college or university in the United States is a dream for many international students, but leaving behind a loved one can be a hard decision. If you are on an F-1 student visa, u may have the option of bringing your dependents with you. The F2 visa is directly related to the conditions that the F1 visa holder has. There is no cap for it, dependents should just fulfill the requirements and complete the application procedures to get the visa. Eligibility for F-2 visas To be eligible for an F-2 visa, applicants should fulfill the following requirements: Be a spouse of an approved F-1 visa foreign national Be an unmarried child under the age of 21 of an approved F-1 visa foreign national Have the financial capacity to support their stay in the U.S. The eligibility of the F-2 visa is normally based on the status of the F-1 visa holder. How to apply for the F2 Visa? The steps to apply for an F2 visa are as follows below. Get a Form I-20 For the dependents of the F1 visa holder to get an F2 visa, the F1 person should inform the SEVP institution that the dependents also intend to apply for the visa. With this information, the SEVP institution will also compile and release a form I-20 for the dependents too. Each person who wants to apply for an F2 visa must have a form I-20 to qualify for an F2 visa. After getting this form, the application procedure follows similar procedures to other visas. Fill in Form DS-160 online Pay the visa fees Whereas the F1 visa holder is responsible for also paying the SEVIS I-901 fee, the F2 visa applicant is exempt from this fee. Schedule your visa interview When scheduled, you will get an interview confirmation letter which you will show to the officers at the U.S Embassy to prove you have an appointment. Gather and complete your F2 Visa document file When you go for your visa interview, you need a file with the required documents. Make sure that the file is complete and there are no important documents missing because your application depends on it. Here are the requirements for an F2 visa application: Your current and previous passports. Photocopies of your passport pages. The DS-160 confirmation page. Proof of financial stability. You can use bank or tax records, employment pay slips, etc as proof. A USA Visa Photograph. The photo must be taken within the last six months. Interview confirmation letter. The receipts which prove you have paid the necessary fees. The DS-160 confirmation page. Your original Form I-20 and one copy. A copy of the F1 visa holder’s I-20 form. A copy of the F1 visa (if applicable). If you are applying separately, the copy of the F1 visa holder’s passport. Original marriage certificate if you are the spouse of the F1 visa holder. Genuine marriage proof such as: Wedding album. Wedding guest list. Receipts of wedding spending’s. Receipts of honeymoon trips.

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How Do You Get an F1 Visa?

How Do You Get an F1 Visa?

An F1 visa is a nonimmigrant visa for those wishing to study in the U.S. You must file an F1 visa application if you plan on entering the US to attend a university or college, high school, private elementary school, seminary, conservatory, language training program, or other academic institution. How Do You Get an F1 Visa?The F1 visa process is relatively simple but can be time consuming, so it’s important to start this process as soon as possible to ensure that any delays won’t affect your education. Perhaps one of the lengthiest steps towards becoming an international student can be applying to a US school that has been approved by the Student and Exchange Visitor Program (SEVP). It’s also important to keep in mind that while there are many great institutions across the country, not all are equipped to handle international students and the administration that is required, so it’s important to verify that the school you would like to attend is approved well before filling out any applications, writing any essays or providing references. After receiving acceptance by the school of your choice, you will be officially enrolled into the SEVP and are required to pay a one-time application fee. After all fees are paid and your account is in good standing, what is called an “I-20” form will be provided by your institution or educational program. This form will allow you to schedule an interview appointment with a local US embassy or consulate to be granted an F1 visa and officially become an international student!  F1 Visa QualificationsSpecific instructions for how to apply for your F1 visa will be listed on the website of the US embassy orconsulate that you plan on visiting, but regardless of where your visa appointment may take place you will need to provide the same kind of documents and address the same kinds of questions. In order to qualify and as part of the F1 visa interview process, potential international students will need to prove the following: a) Official Residency in a Foreign Country and Intentions to Return HomeUpon graduation it’s imperative that the international student plans on returning back to their home country. If an interviewer can tell that your intentions are to become a permanent resident of the United States, your visa will more than likely be denied. The intention a student visas is to further educate yourself and then bring your newfound knowledge back to your country of citizenship, not to remain in the US. b) Admission to an Approved SchoolDuring your interview it is also imperative that you can prove acceptance by a US institution or language school previously approved by the SEVP. c) Sufficient Financial SupportF1 visa holders must be equipped to cover their living and study expenses while in the US, as legalemployment opportunities will be limited. d) Ties to Your Home CountryAnother important part of an F1 visa interview is proving strong ties to your home country, includingfamily, job offers, bank accounts or other assets. Working on an F1

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How Many Times You Can Appeal an Asylum Denial

How Many Times You Can Appeal an Asylum Denial

The various levels of possible asylum appeals. If you are in the U.S. and applying for the form of protection from persecution called ‘asylum,’ you will likely find that convincing the U.S. government that you are telling the truth and that you meet the standards for asylum can be difficult. Denials are issued in about two thirds of the cases heard by asylum officers and close to half the cases heard by Immigration Judges. So, if your application for asylum is denied, what’s next? The good news is that you have many opportunities for appeal. You will likely also be allowed to remain in the U.S. while awaiting the various appeal decisions (though this can be tricky, especially once your case gets into federal court) But, dealing with the expenses of spending years in the U.S. while you pursue your appeals, and probably paying a lawyer for all these services, stops many applicants from seeing the appeals process through to the end. (Note: This article presumes that you are already in the U.S., not attempting to apply for asylum at a U.S. border, which is an entirely different procedural situation.) After a Denial by the Asylum Office—Referral to Immigration Court If your first application for asylum is an ‘affirmative’ one—in other words, if you submit it voluntarily, by mail, to an office of U.S. Citizenship and Immigration Services (USCIS) rather than waiting to be caught—your case will be heard by an asylum officer. A couple of weeks after your interview, you will be called back in and given a letter indicating whether you were approved or not. If your asylum request is not approved, you don’t really need to do anything in order to appeal. If you are in the U.S. without an unexpired visa or other lawful status, your case will automatically be ‘referred’ to the Immigration Court. There, an Immigration Judge (IJ) will hear your testimony, review your evidence, and make an independent decision on whether to grant you asylum. The judge will likely tell you his or her decision out loud, at the conclusion of your hearing. After a Denial by the Immigration Judge—Appeal to the BIA If the IJ denies your asylum case, you can appeal to an independent body in Falls Church, Virginia known as the Board of Immigration Appeals (BIA). You need to file this appeal by mail within 30 calendar days of the IJ’s oral decision. Unlike the IJ, the BIA will ordinarily not hear your whole case all over again. It will instead review the transcript of your hearing before the IJ, the written evidence you submitted to the court, and the IJ’s decision, to see if the IJ made an error. You do not need to appear in person, and you cannot submit new evidence unless it was unavailable before. For best results, however, you will want to have a lawyer draft a brief and fill out the proper forms, giving specific reasons why the IJ’s decision was contrary to the

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Many Benefits of the Concurrent H1B

Many Benefits of the Concurrent H1B

How to Work for Multiple H1B Employers:  Foreign nationals in valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to file a petition for a “Concurrent H1B.” For the benefit of H1B employees who are interested in working with multiple H1B employers, we present here an overview of the Concurrent H1B and the key elements that employers and H1B employees must keep in mind while working in the U.S. under a Concurrent H1B. Concurrent H1B – What Is It? An H1B petition filed on behalf of a foreign national working in the U.S. under an H1B, seeking authorization to allow him to be employed in another job concurrent with his current H1B employment, is commonly referred to as “Concurrent H1B.” Foreign nationals who are maintaining valid H1B status can have a Concurrent H1B petition filed on their behalf by a new employer so that the H1B holder can work for more than one employer at the same time. The new employer wishing to file the Concurrent H1B must follow all the regular steps of filing an H1B petition, including obtaining the LCA from the Department of Labor and filing a petition with USCIS. If the new employer can show that the H1B holder’s proposed part time H1B job is a specialty occupation and requires someone with at least a Bachelor’s degree in Accounting, then the employer should be able to file a Concurrent H1B on behalf of her. She can begin working for the new employer as soon as the petition is filed. Concurrent H1B Requirements:  The Concurrent H1B petition must meet all the requirements of regular H1B petition. The employer needs to show that: a.The position offered requires knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning b.The position requires a specific course of study which relates directly to the position c.Attainment of a bachelor’s or higher degree in the specific activity (or its equivalent) is a minimum requirement for the position Concurrent H1Bs – How Many Can You Hold? There is no statutory limit on how many Concurrent H1B’s an individual can hold simultaneously. However, the H1B worker should be careful to show that he or she is not working too many hours and is maintaining valid H1B status at all times. USCIS may not approve a H1B concurrent employment for a full-time position if the employee is already working full-time for the main H1B employer. Concurrent H1Bs Across Multiple Specialty Occupations The concurrent H1B position(s) need not be in the same occupational category or specialty occupation as the first position. All that matters is that concurrent position is a specialty occupation and that the H1B worker is qualified for the position. Concurrent H1B Employment Between Cap-Exempt And Cap-Subject Employers An H1B worker working for an H1B cap-exempt employer can concurrently work for a cap-subject employer and can continue to work for the cap-subject employer even if he or

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Asylum or Refugee Status: Who Is Eligible?

Asylum or Refugee Status: Who Is Eligible?

If you’ve fled your home country and are afraid to go back, you might qualify for asylum or refugee status in the U.S. Need Professional Help? You can contact us. Asylum and refugee status are special legal protections available to people who have left their home country for their own safety and are afraid to return to any place within that country. (See 8 U.S.C. § 1158.) If you can relocate and live safely within your home country, you will not be able to demonstrate that you have a well-founded fear of persecution and will not be granted asylum in the United States. What’s the difference between asylum and refugee status under U.S. immigration law? That is, who should seek asylum status, and who should seek refugee status? It’s simply a matter of where you are when you apply. People outside of the U.S. must apply for refugee status, typically through the U.N. High Commission for Refugees. (They cannot specify that they’d like to go the U.S. or any particular country, however.) People who have already made it to the U.S. border or the interior (perhaps by using a visa or by entering illegally) can, in theory, apply for asylum status. This has become much more difficult under the Trump Administration, however, initially owing to new (and ever-changing) policies such as “Wait in Mexico.” Then later, following the start of the coronavirus (COVID-19) pandemic, the Trump Administration extended a Centers for Disease Control (CDC) Order giving permission to border agents to expel anyone who arrived without an entry visa or permission, without conducting interviews to see whether they have a credible fear of persecution. Litigation on these matters is ongoing. Once a person is granted, both refugee and asylee statuses allow staying in the United States indefinitely. Asylees and refugees are given permission to work and are allowed to apply for a green card within one year of either entering the United States as a refugee or being approved for asylum. But not everyone qualifies for asylum or refugee status. You must meet some strict requirements, as described in this article. In particular, you must show two things: You are unable or unwilling to return to your home country because you have been persecuted there in the past or have a well-founded fear that you will be persecuted if you go back. The reason you have been (or will be) persecuted is connected to one of five things: your race, religion, nationality, membership in a particular social group, or your political opinion. Let’s look more closely at what these requirements mean. What Is Persecution? To persecute means to harass, punish, injure, oppress, or otherwise cause someone to suffer physical or psychological harm. U.S. immigration law does not list specific examples of the kinds of persecution that would qualify someone for asylum or refugee status. However, from the law that has been developed through court cases, we know that it can include such acts as threats, violence, torture, inappropriate imprisonment, or denial of basic human rights

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