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Immigration Guideline

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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Stock Trading as an F1 Visa Student – Allowed?

Stock Trading as an F1 Visa Student – Allowed?

The question is “Is it legal for F1 students to invest in stocks ?” We will cover various aspects about F1 student stock trading in this article. If you are in OPT or H1B you can invest as much you like. However, if you are on an F1 visa, you are not allowed to do “Day trading,” often defined as “4 or more trades per week.” Below that, you’re certainly fine. Just make sure that you are not actively trading, day or swing to make profits quickly. That could be seen as “working” without proper authorization. Also make sure you are working by yourself, not working for any company or group or any foreign person. There are no restrictions on trading any publicly-traded stock or derivative stock. Online trading is also allowed.  What do I need to have for doing Stock trading as an F1 student? Typically, most stock brokerage firms require a Social Security Number (SSN) for stock trading. The reason is that, for your capital gains, it is required by the IRS for tax purposes. If you work on campus, you would already have an SSN as part of the job application process. Once you get an on-campus job or work authorization using CPT or OPT, you can use that offer letter and take all your current documents like Passport, I-20, I-94 and apply for an SSN at the Social Security Administration (SSA) Office. An SSN is typically used to report job wages by employers for tax purposes or check eligibility for benefits with the IRS/Government. When buying a frying pan (купити сковорідку), consider factors such as material, size, and features that align with your cooking preferences and needs. Frying pans come in various materials, including stainless steel, non-stick, cast iron, and more. Each material has its advantages, so choose one that suits your cooking style and maintenance preferences. Additionally, consider the size of the frying pan, ensuring it accommodates the quantity of food you typically cook. Look for features like heat conductivity, handle design, and compatibility with different cooktops to make an informed purchase decision. I do NOT have an SSN, Can I still do stock trading as an F1 student? While many stock brokerage firms require SSN, you are not out of luck, if you do not have one…you will have to apply for an ITIN Number (Individual Taxpayer Identification Number)  and can use the same when applying for a stock brokerage account. While some of the firms accept ITIN numbers, it totally depends on the stock broking firm and you need to check with the one that you are interested in. What do I have to do from the Tax side, if I do stock trading in the US as F1 students? As you know, you need to file taxes as an F1 student, with stocks coming into picture, they need to get added to your tax filings. You need to declare the investment and gains of your stock-related investments for tax purposes and pay

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The ultimate guide to the H-1B visa in the US

The ultimate guide to the H-1B visa in the US

American companies employ thousands of workers from abroad each year across every industry from farming to mechanical engineering; many arrive through the H-1B visa program. Navigating Visas American companies employ thousands of workers from abroad each year across every industry from farming to mechanical engineering. Many of these workers come to the United States through specialized visa programs, of which the H1-B is one of the most popular. Introduced in 1990, the H-1B visa program expands the labor pool available to U.S. companies by offering them an opportunity to hire qualified noncitizen applicants by sponsoring visas allowing talented noncitizens to live and work in the U.S. A valid H-1B visa permits newcomers to work in the U.S. for three years, with the possibility of another three-year extension. What is an H-1B visa? A skilled individual who wishes to work in the U.S. must obtain legal authorization. If the worker has an offer of employment from a U.S.-based company, they are eligible to apply for the H-1B visa through the U.S. Citizenship and Immigration Services (USCIS). The most common applicants for H-1B visas are international students studying at American undergraduate and graduate schools who hold an offer of employment at an American company.  H-1B visa duration Successful H-1B visa applicants receive a three-year work permit. At the end of this period, the visa-holder is eligible to apply for a three-year extension through their existing company or another sponsoring employer.  There are exceptions to the six-year H-1B visa limit, but these only apply to a handful of workers every year. For example, anon-citizen who works for the U.S. Department of Defense, for example, can get up to ten years on their H-1B visa. General requirements for H-1B visa application As the H-1B visa focuses on skilled workers who are helping to fill the talent shortage in the U.S., there are specific educational requirements for all visa applicants. An individual who wishes to work in the U.S. on an H-1B visa must have the following qualifications: A bachelor’s degree or higher from a U.S. college or university, or the equivalent from another country. A three-year bachelor’s degree from outside the U.S. requires another three years of work experience.  Complete educational and technical expertise to perform the role indicated in the job offer of the H-1B application.  If the position requires credentials, they must be obtained before filing. Jobs that typically qualify for the H-1B visa include engineers, lawyers, accountants, healthcare professionals, financial analysts, sales managers, artists, technicians, among others. Employee sponsorship An application for the H-1B visa requires a job offer from a U.S.-based company.  An H-1B visa holder is not permitted to switch jobs on the same visa.  If you wish to leave your existing role, you have been let go by your employer, or you accept a job offer from another American company, you must apply for a change of status known as the H-1B visa transfer. The new employer files a petition on your behalf.  USCIS offers H-1B workers a 60-day

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8 Benefits of Hiring an Immigration Lawyer…

8 Benefits of Hiring an Immigration Lawyer…

As anyone who has gone through the process will tell you, navigating any immigration law area is not an endeavor you would want to go through alone. There is an extensive paperwork process that goes along with immigration that even natural-born U.S. citizens would struggle with, let alone immigrants from other countries for whom English is not their first language. The truth about U.S. immigration is that many potential immigrants are not clear about everything required of them during the process, and this lack of information becomes a barrier to getting into the country and staying there legally. Do not let inadequate or insufficient legal representation be why you or your loved ones have to be uprooted from their homes. Here are 8 ways you can benefit from hiring an immigration lawyer to represent you throughout this complicated arm of the legal system: A Good Immigration Lawyer Avoids Mistakes Filing the correct paperwork is an essential part of the processes of acquiring a visa, getting a loved on residence in the United States, and finalizing your marriage to an immigrant, among other procedures. This paperwork is usually extensive and complicated, and without the help of an expert, there are lots of opportunities to make mistakes that sink your entire application permanently. An experienced immigration attorney can walk you through the correct steps to apply for work permits, marriage licenses, and citizenship, without allowing mistakes that derail your chance to get these crucial documents authorized by the appropriate parties. They Are Seasoned by Experience One of the essential benefits that hiring an immigration lawyer can offer is less tangible than the others. The help of an expert that has experience making immigrants’ dreams into realities cannot be understated. You see, it is invaluable to hire someone that’s done it before in the same position as you find yourself now. It is one thing to understand the law; it is another to understand how to find success for your clients. Immigration Attorneys Can Maneuver the Permits and Regulations A good immigration lawyer is an expert on all the procedural maneuvers necessary to get you where you want to be. Whether that is obtaining a work permit in the United States, acquiring permanent residency, or full U.S. citizenship, an expert immigration attorney is a veritable expert on what you need to make that happen. Maybe you will be able to make it through the process on your own, but there is a good chance you would have something missing on your various applications that tie them up in the complex regulatory system or cause them to be rejected entirely. Why leave your future up to a gamble? They Can Explain Your Options to You No matter what your situation is, you have options. Your expert immigration attorney can layout these options in front of you, making sure you understand your circumstances’ full scope. Whether you are facing deportation or something else, your situation is likely very sensitive and urgent. Isn’t it vital that

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Economic Hardship Work Authorization

Economic Hardship Work Authorization

Economic Hardship employment authorization is permission granted to F-1 students by U.S. Citizenship and Immigration Services (USCIS) to work off-campus due to specific economic hardship criteria. What is Economic Hardship Employment Authorization? It is a permission granted to F-1 students by U.S. Citizenship and Immigration Services (USCIS) to work off-campus based on “severe economic hardship due to unforeseen circumstances beyond the student’s control” [8CFR 214.2(f)(9)(ii)(c)].  Who is eligible for Economic Hardship Employment Authorization? To be eligible for Economic Hardship employment authorization, you must document that: You have been in valid F-1 status for at least one academic year (two semesters).  You are experiencing economic hardship based on unforeseen circumstances (see below) that arose after obtaining F-1 status.  You are currently in good academic standing and are carrying a full course load.  Part-time Canadian border commuter students are not eligible for Economic Hardship work authorization.  Employment opportunities on campus are unavailable or insufficient.  Acceptance of employment will not interfere with your full-time study. What are “unforeseen circumstances”? Loss of financial aid or on-campus employment resulting from circumstances beyond the student’s control  Substantial fluctuations in the exchange rate or value of the home country’s currency  Unexpected changes in the financial condition of the student’s financial sponsor  Unexpected medical bills  Other substantial and unexpected expenses How do I apply? First, submit an Economic Hardship application and supporting documents (see below) to ISS.  When your application is complete, ISS will enter your Economic Hardship application into the SEVIS system and produce a new I-20 with the Economic Hardship recommendation.  Pick up your new I-20 from ISS.  Submit the Economic Hardship application and supporting documents to the USCIS Service Center.  If approved, you will receive an Employment Authorization Document (“EAD card”) from the USCIS Service Center.  Bring a copy of your EAD card to ISS. What documents do I send ISS to request the Economic Hardship I-20? Update your emergency contact, local address, permanent address, and phone number in the Student HUB Center. Personal statement describing the unforeseen hardship situation; address the letter to the USCIS; Describe the facts that led to the problem, explain the difficult situation that could not be avoided and how you are not at fault, and present a reasonable plan that is short-term and designed to get you out of financial and academic trouble. Include a statement about how this employment will not impact maintaining a full course load in the future. If you have experience managing course work and on-campus employment, mention that. Elaborate on why other on-campus jobs are not available If choosing a start date earlier than the published processing times, indicate that you accept a change in authorization dates due to adjudication.  Evidence/documentation of your economic hardship. Examples of such evidence include: Copies of past and present currency exchange charts showing the devaluation of your country’s currency Proof (signed letters, affidavits, bank statements) of unexpected changes in the financial situation of your sponsor  Copies of medical bills or other substantial and unexpected expenses  A letter from

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Step by Step Guideline for NIW Application

Step by Step Guideline for NIW Application

Step 1: NIW (National Interest Waiver) case is a complex process that requires patience and care; please do not rush. The first thing you should think of is letters of recommendation providers. You need at least 6 persons to give you a recommendation; please start thinking about them even before contacting law firms. It is the most time-consuming thing in the entire NIW process. We take a systematic approach to prepare your case to ensure that every aspect of your case is handled efficiently, and we consider all of the factors of your unique case during case preparation to maximize your chances of NIW (National Interest Waiver) approval. Step 2: After an attorney-client relationship, if formed, you will have access to a client packet right way. In the packet, you will receive more information about our services and what the process ahead looks like, and exactly how we propose to move you towards your goals. In general, it takes our clients from 30 to 45 days (faster than most law firms) from the time they begin working with us when we are ready to file their case. Step 3: To begin your NIW case, we will ask you to provide two documents; our questionnaire found in the client packet and a list of potential recommenders. In your client packet, you will find a detailed questionnaire in which we ask you to provide information about your work and accomplishments. It is crucial to fill out this questionnaire with as much details as possible, as it will be a critical resource for drafting the recommendation letters and petition letter. Keep in mind that while we are legal professionals and experts on immigration petition preparation, we are not experts in your specific field. The questionnaire is your opportunity to help us understand your work to explain its significance most fully in your letters. Step 4: Selecting recommenders: We will ask you to provide us a list of potential recommenders before you begin contracting them. You will need to provide necessary information about the recommenders, including their current position, their relation to you, and what part of your work they can talk about. After reviewing this information, we will discuss with you the appropriate selection of recommenders for your case. The Law and UNCIS regulations do not indicate the required numbers of recommendation letters, but 6 are deemed appropriate (3 internal & 3 external). The number and selection of the recommendation will, of course, depend on the unique factors of your case. Contracting recommenders: After the list of recommenders is finalized, you may proceed to contact them. We provide model request e-mails and sample phone dialogues to help you proceed. Most recommenders are busy professionals or scholars; you may inform them that your attorney will draft the letter to review and revise. Drafting the recommendation letters: As part of our service, we will draft all recommendation letters for you. This will ensure that the group of letters as a whole explains all of your

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