| General
Information on Greencard and Citizenship |
First
step in applying for
-
bonafide
opportunity
-
the
appropriate wages being paid
-
appropriate
recruitment
-
alien’s
appropriateness for the position.
An
employer must advertise the position in the company for 10 consecutive
days and three days in local paper. It is also advisable to show 6 months
recruitment efforts for the position.
A labor
certification can take somewhere between 4 months to 2 years depending on
the state where you have applied. Once the Labor certification is granted
it is valid indefinitely unless the job description or requirements are
changed. The second step is applying for the Greencard.
You can
apply for GC with H-1B visa but it is advisable to wait for about 3-6
months after you get H-1B. Spouse and kids qualify for GC irrespective
(except for J1) of the type of visa, as long as they are on valid visa in
US. If the spouse/kids are on a J1/J2 visa with 2 years Home Residence
Requirement (HRR), they may not adjust status to permanent residency
unless (I) they have served the HRR (ii) or they have obtained a waiver of
the HRR.
The
spouse of a US citizen gets a conditional Greencard immediately. After
three years, the spouse is eligible for his/her citizenship.
Please
remember that a GC can be invoked if the beneficiary’s conduct is
detrimental to the society in the eyes of law.
Persons who are 18 years
of age or have lawfully admitted permanent resident aliens and who meet
following criteria might apply for citizenship. There are four
requirements that must be met by every applicant:
(I) basic literacy in English Language
(ii) knowledge of US history
(iii) Five years of residency in US {3 years in case of living with US
citizen spouse}
(iv) good moral character.
H-1 visa is issued in
following variations:
H-1A Registered Nurse
H-1B1 Specialty
Occupation (Professionals)
H-1B2 U.S. department of
defense special visas
H-1B3 Artists,
entertainers or fashion models of national or international acclaim
H-1B4 Artists or
entertainers in unique or traditional art form
H-1B5 Athletes
H-1Bs Essential support
personnel for H-1B entertainer or athlete
An H-1B classification is
available, for a period not to exceed a total of six years, to foreign
employees:
- Who will be incumbent
in a temporary position
- who will perform
services in a specialty occupation
- On whose behalf the
employer has obtained an approved Labor Condition Application (LCA)
H-1B visa application
procedure is as follows:
- Obtaining Labor
Condition Application (LCA)
A: Obtaining Prevailing
Wage Determination
You first need to
obtain a prevailing wage determination from the local employment office
that has jurisdiction over the geographical area of employment. Having
obtained the prevailing wage for the offered position you will then file
an LCA with Department of labor
B: Applying to the US
department of Labor
An LCA is an
application to the US Department of Labor (DOL) whereby an employer
assures the DOL that hiring of a foreign worker would not be detrimental
to similarly situated US workers. DOL will routinely approve the LCA if
it is completed and signed. The approved LCA will then be sent back to
the lawyer for filling with the Immigration & Naturalization Service
(INS) along with petition for H-1B classification
- Filing with the INS
Filing with the INS
entails submitting proof of the employee’s qualifications and of the
offered job conforming to the criteria explained above. Additionally,
certain forms will be submitted describing the job and providing certain
basic information about the employer.
Application
to the INS is the last step in the H-1B classification process. On rare
occasions INS may require further documentation to prove various elements
of H-1B visa. It takes around 90 to 120 days for the INS to issue the
approval notice. If an applicant is outside the US one copy of the
approval is directed to the required consulate to issue the visa to the
applicant. If the applicant is already in the US and within status the
approval notice include a new I-94 which becomes the permission to stay.
If the person wants to travel outside US he/she is best advised to apply
for a visa from the country of last residence or home country. But as a
practical matter, a US consulate in a third country may give you the visa.
It depends upon whether or not that consulate accepts H-1 applications
from persons not connected with their consulate.
J-1 visa
can be issued in following categories;
According
to USA regulation [ 22 CFR 514.2], participants include, but are not
limited to, the following types:
- A student, for the
purpose of pursuing formal courses, or any combination of courses,
research, or teaching, leading to a recognized degree or certificate,
in a established school or institution of learning
- A teacher, for the
purpose of teaching in established primary or secondary schools, or
established schools offering specialized instruction
- A trainee, for the
purpose of obtaining on-the-job training with firms, institutions
and/or agencies in specialized field of knowledge or skill for periods
not to exceed 18 months
- A professor, for the
purpose of teaching or conducting advanced research, or both in an
established institute of higher learning
- A research scholar or
specialist, for the purpose of undertaking or participating in
research or in demonstrating specialized knowledge or skills
- An international
visitor, for the purpose of travel, observation, consultation,
research, training, sharing, or demonstrating specialized knowledge or
skills, or participating in organized people-to-people programs; or
- A professional
trainee, for the purpose of pursuing clinical training in the medical
and allied fields.
The
spouse of J-1 visa holder is allowed to work during the stay after getting
permission from INS. J-1 visa holder has to spend 2 years of continuous
residency in the home country before they can apply for any other category
of visa. In some cases the waiver can be granted. Please consult your
lawyer to understand the requirement for waivers. Waiver decisions are
jointly made by INS and US Information Agency (USIA) (with much weight
being given by INS to the decision of USIA). Waiver can be granted based
on following reasons;
- At the request of a US
government agency (NASA, NSA, CIA …..)
- Extreme hardship to US
citizen or green card holder spouse or child. Mere resettlement or
economic loss may not be sufficient
- Political prosecution
- No-objection: the home
government issues a statement of no-objection
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Following
documents can help an applicant get a visitors visa:
- Employment letter from
your employer, on official stationary, showing date and nature of
employment, compensation package and tenure of employment whether
temporary or permanent
- Bank reference letter
showing account opening date, amount deposited during the preceding
year, and present balance
- Proof of any property
ownership
- Tax returns for
previous years
L-1 visa
is available to foreign national who, within the three years immediately
prior to entering the US, has been employed abroad for at least one
continuous year and is now seeking temporary admission to the US to be
employed by a parent/branch/affiliate/subsidiary of that foreign employer
in a managerial or executive capacity, or in a position requiring
specialized knowledge. An L-1 petition may be approved for up to three
years, with the possibility of extension for up to four more years. In the
case of a new office in the US, the L-1 will be limited to one year
initially with extensions provided thereafter if the new office
flourishes. The spouse and children (under 21 years and unmarried) may
obtain L-2 visas allowing them to enter the US with the principal alien,
however, they are not allowed to work unless they can qualify on their own
for work visa. They are allowed to attend school and/or participate in
voluntary organization. L-1 visa may provide quick access to lawful
permanent resident (immigrant) status in US.
Following
documents are required from the sponsoring company:
- Financial statements
– balance sheet and income statement
- Last years tax return
- Company profile and
product brochure
- Organizational chart
- Proof of employment of
the beneficiary with the sponsoring company
- Current invoices and
customer correspondence
- Business plan for US
operation
- Bank reference letter
It
usually takes 90 to 120 days for INS to issue approval, if any. If the
beneficiary is already in US he/she can start working for the sponsoring
company. If in the home country of the sponsoring company a copy of he
approval is sent to the nearest consulate from where the beneficiary can
get the visa after an interview.
The K
class visa is the "alien fiancé(e)" visa, which is a
non-immigrant visa. A US citizen who wishes to marry a foreigner may file
a K class petition which, when granted, allows the foreigner to enter the
US and marry within 90 days of arrival. Once married, the foreigner should
file for conditional permanent residence. There are two K class visas:
K1- for
direct fiancé(e)
K2- for
children of fiancé(e)
Generally,
once the petition is filed, it takes about 30 days to hear from the INS
their approval or denial, then at least another 30 days for the paper work
to be transmitted to the foreign embassy and for the interview appointment
to be arranged. It can take up to 5 or 6 months total, though usually it
is 90 days or so.
F-1 visa
is issued to any alien who has applied to and been accepted to enroll on
full time basis in an academic education program which has been approved
by the INS. The student has to be proficient in English or engaged in
English language courses leading to English proficiency. The alien must
also demonstrate sufficient financial resources to study without having to
work and he/she must also show that there is no intent to abandon
residency in the student’s home country. Aliens who are already in the
US in a valid status may apply for adjustment of status to the student
status.
A
dependent spouse and children (under 21 and unmarried) are eligible for n
F-2 visa valid for as long as the F-1 is in valid status. F-2s may study
on a full time or part time basis, but may not receive financial aid or
engage in employment.
Any F-1
who is maintaining status may work on the school campus for up to 20
hours/week during school and full time during breaks. On-campus employment
may not displace US workers, but no proof of this is required. The basic
test is whether students or workers traditionally fill the position. Most
schools require you to receive authorization from your foreign student
advisor; INS permission is not required. The procedure for getting is very
simple. The student must obtain an I-20 A-B Certificate of Eligibility
from the school where the student intends to enroll and submit together
with the OF-156 Non-immigrant Visa form and supporting documentation
regarding financial resources evidencing an intent to return to the
students home country to a US Consulate in the students home country.
After the visa is issued, the student applies at the US border for
admission. If the applicant is already in the US in another non-immigrant
status, the student applies to INS.
In order to qualify for
citizenship, one must have been resident in Canada for three of the past
four years. Physical presence, however, is not required. A reasonable
approach would be to acquire the accoutrements of residence such as social
insurance number, health card, bank and credit-card accounts, a residence
be it rented or owned, membership in various social, religious,
professional and/or political organizations and employment. Thereafter one
is free to remain outside of Canada temporarily and possibly still qualify
for citizenship. Paying Canadian income tax is a must.
Canadian
Independent (Individual) Immigration
The most
common category is the independent category. Independent applicant cases
are processed on the basis of the applicants individual skills and the
likelihood that they will contribute to the Canadian economy.
Independent
applications applying for residence in Canada (other than Quebec) are
processed using the point system. Under this system, the applicant is
awarded points based on various factors that assess his/her ability to
make positive contribution to Canada. Independent applicants must
generally attain atleast 70 points in order to qualify for landed status.
Many visa
offices have a pre-application questionnaire that may be filed without
charge and will be reviewed by the visa office to determine whether or not
the applicant may qualify. If the applicant may be eligible, he/she will
forward the real application and ask for the appropriate filling fee.
The
assessment of questionnaire takes considerable time. Besides, the
submission of questionnaire does not create a permanent record of the
applicant with the visa office. Finally, if the law changes for worst
during the period that the applicant is waiting for his/her
pre-application assessment, the applicant will be subject to the more
restrictive law in place at the time the actual application is filed.
The
principal applicant may include his dependents (spouse and dependent
children) in the application. Spouse is defined in the Immigration
Regulations as a person to whom that person is joined in marriage.
Dependent children are defined as being as a son or daughter who is:
-
Less
than 19 years of age and unmarried
-
Over
the age of 19 but who has been studying in a full-time educational
program continuously since the age of 19, and have been fully
supported by parents, or
-
Over
the age of 19 but who is medically dependent upon his/her parents
The
following selection criteria are considered in an independent case:
-
Education
-
Education/training
factor for their particular occupation
-
Experience
in the particular occupation
-
Occupational
factor for the particular occupation
-
Arranged
employment (for which employment validation has been obtained) or
designated occupation (qualification to work in an occupation which is
designated as being in short supply) factor
-
Demographic
factor
-
The
applicant’s age
-
The
ability to read, write and speak English or French
-
The
applicant’s personal suitability for becoming successfully
established in Canada
(Please
consult your lawyer for a complete description of each criteria. For your
convenience you can use our selection of lawyers)
An
applicant who receives 60 points or more has a right to an interview under
the Immigration Regulations. Further, if the visa officer is of the
opinion that the applicant clearly qualifies as an independent applicant,
the visa officer may waive the interview entirely.
Download
guidelines for Independent (Individual) visa PDF format
Download
instructions for Independent (Individual) visa PDF format
Download
Independent (Individual) visa application form PDF format
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Essentially,
the entrepreneur must have the ability and the intent to establish a
business, which the entrepreneur will manage, that will make a significant
contribution to the Canadian economy and create or continue employment for
at least one Canadian citizen or permanent resident, other than the
entrepreneur and his/her dependents.
The
investment must be substantial. There is no minimum investment required
but clearly the smaller the investment the harder it will be to obtain an
approval. Applicants must also establish that their funds will be
available to them in Canada and not be blocked by currency restrictions in
their foreign currency.
The
entrepreneur must plan to manage the business. A passive investor in a
business could not qualify under this category. The applicant does not
have to show a proven track record as a manager in a successful business.
However, the applicant should at least have some relevant experience in
order to convince the visa officer that he/she has the requisite ability
and intent to participate in the management of the business.
Co-ownership
is permitted as long as each partner seeking permanent residence
individually meet the requirements of this category. Each partner must
have the ability, intent and the funds to establish a qualifying business
in Canada and both must participate in the management thereof.
Entrepreneur
applicants are assessed under the same selection criteria as independent
applicants except for arranged employment and occupational demand.
Immigrants who qualify will only have to obtain 25 points of assessment in
order to qualify but must obtain at least one point under the category of
experience.
An
immigrant to obtain landed status as an entrepreneur is given conditional
status for two years. The conditions will be removed if the entrepreneur
has met the guidelines of the entrepreneur program.
Download
Guidelines for Entrepreneur visa PDF format
Download
instructions for Entrepreneur visa PDF format
Download
Entrepreneur visa form PDF format
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immigration - Australian
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Landed
status in Canada may be acquired if an applicant’s sponsor is willing
and eligible to sponsor the applicant and the applicant is a member of the
family class as defined below:
-
The
sponsor’s spouse (member of opposite gender, legally married or
cohabiting continuously in conjugal relationship for at least the
preceding year
-
The
sponsor’s dependent children (refer to independent immigrant info
for more details)
-
The
sponsor’s parents
-
The
sponsor’s grand parents
-
The
sponsor’s unmarried, under age 19, orphaned brother, sister, nephew,
niece, grandson and granddaughter
-
The
sponsors fiancé(e) where there is no legal impediment to marriage and
the sponsor and fiancé(e) intend to reside together permanently and
did not become engaged primarily for immigration purposes
-
Any
child under age 19 of whom the sponsor intends to adopt and who is:
- an orphan
- an abandoned child
whose parents cannot be identified
- a child placed
with a child welfare authority for adoption because:
- the child was
born out of wedlock
- the child
parents are separated or
- one of the
child’s parents are deceased
- One relative,
regardless of the age or relationship to the sponsor, here the sponsor
does not have a spouse, son, daughter, father, mother, grandfather,
grandmother, brother, sister, uncle, aunt, nephew or niece;
- who is a Canadian
citizen;
- who is a permanent
resident; or
- whose application
for the landing sponsor may otherwise sponsor
Family-class
applicants and their dependents (including those not immigrating) must
pass medical examinations, must not be criminally or otherwise
inadmissible and must establish that they are bona fide immigrants as
defined in the Immigration Act (Canada).
The
sponsor must be at least 19 years of age, have been residing in Canada for
the preceding 12 months and remain so until those sponsored are landed and
promise to be financially responsible for ten years for those sponsored.
The
Immigration Regulations exclude following from sponsorship:
- Those in default of a
previous undertaking, transportation loan or right of landing loan
- Those bankrupt within
the meaning of s.2 of the Bankruptcy and Insolvency Act
- Those confined to a
penal institution
- Landed immigrants with
pending criminal charges which, if convicted, would lead to revocation
if landed status
- Landed immigrants
subject to an Immigration report which could lead to issuance of a
(conditional) removal order
- Landed immigrants
subject to a (conditional) removal order issued after being landed
Download
guidelines for family visa PDF format
Download
instructions for family visa PDF format
Download
family visa application form PDF format
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Self-employed
immigrants are those who have the intent and ability to be self-supporting
in Canada in their business or occupation, employing themselves and making
a significant contribution to the economy or the cultural or artistic life
in Canada. There are essentially two distinct categories of self-employed:
- artists, dancers and
athletes; and
- business applicants
The same
selection-criteria apply as for independents, except that no units are
awarded for Canadian relatives. However, rather than having to attain
seventy Units, the self-employed require only forty units of assessment.
Business
applicant must show sufficient experience in their proposed endeavor to
convince a visa-officer that they have the ability to be self supporting
in Canada in that business or occupation. In addition, they need not
intend to be self-supporting immediately upon their arrival. The minimum
requirements are:
-
Experience
in field conducive to operating on one’s own in Canada
-
Available
investment of C$ 50,000
-
Sufficient
command of English or French
The
self-employed category is best for artists or athletes and for those who
do not meet the independent seventy-unit threshold. Its down side is the
additional C$500 processing fee required of the principle applicant.
Because it’s capital requirement is much less than for the entrepreneur
or investor, it is the best business class category.
Download
forms and guidelines of this visa from the links provided below:
Download
Guidelines for Self-employed visa PDF format
Download
instructions for Self-Employed visa PDF format
Download
Self-Employed visa form PDF format
The Employer Nomination
Scheme (ENS) allows Australian employers to fill highly skilled positions
in Australia, with a non-Australian citizen or resident, when the
employer:
- Cannot find suitably
qualified person from the Australian labor markets, and
- Is unable to provide
for their staffing needs through their existing training program
The ENS process consists
of 2 distinct parts:
- The first applies to
the assessment of the nomination lodged by an employer; and
- The second applies to
the assessment of your nominee’s application for visa
Nominations are assessed
against the following min criteria:
- The employer must
demonstrate need for a paid employee in business located in Australia
and operated by the nominating employer
- The vacancy requires
an appointment of highly skilled person who has completed 3 years of
formal training or equivalent experience.
- The employer must
offer a full-time, fixed term appointment of at least 3 years which
does not include the possibility of renewal
- The employer must have
a satisfactory training record or, if a new business, must make
satisfactory provision for future training
- The employer must meet
the Labor Market requirements and
- The terms and
conditions of employment offered must be in accordance with the
standards for wages and working conditions provided for under relevant
Australian Industrial Laws
An employer must show
that they have been unable to find an Australian citizen or resident who
is suitable for the appointment. An employer must provide documentary
evidence of having tested the labor market before nominating an overseas
employee. Labor market testing must occur within 6 months of lodgment of
the nomination.
A decision on the
nomination will be made on the basis of the information provided, your
circumstances and the legal processing requirements in place when the
application is lodged and the charge paid.
The applicant will be
advised in writing whether your nomination has been approved or not. The
letter will explain the steps your nominee will need to follow to obtain
their visa.
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The business skills
program focuses on business people with proven record as a successful
business or investment owner or senior executive. There are seven
subclasses:
- Business owners or
part owners of businesses (sub-class 840 for people already in
Australia on a temporary visa and sub-class 127 for people applying
outside Australia)
- Senior Executive- for
business executives of major businesses (sub-class 841 for people
already in Australia on temporary visa and sub-class 128 for people
applying from outside Australia)
- State/Territory-
sponsored business owner (sub-class 842 for people already in
Australia on a temporary visa and sub-class 129 for people applying
from outside Australia)
- State/Territory-sponsored
senior executive (sub-class 843 for people already in Australia on a
temporary visa and sub-class 130 for people applying outside
Australia)
- Investment Linked- for
owners or part owners of investments or/and business(es) (sub-class
844 for people already in Australia on a temporary visa and sub-class
131 for people applying from outside Australia )
- Established business
in Australia- for part owners of businesses established in Australia
for at least 18 months (sub-class 845)
- State/Territory
sponsored regional established business in Australia (sub-class 846).
This classification is for owners or part owners of business(es)
established in designated are of Australia for a minimum of two years
who are sponsored by State/Territory business development agency.
For each
sub-class there are some key requirements that needs to be met for an
applicant to qualify for the visa. For a detailed advice on your
particular situation please consult your lawyer. Some general requirements
are:
- Minimum investment of
around A$ 200,000, actual amounts does not vary substantially among
various sub-classes, except for sub-class 844/131 where the minimum is
A$ 3 million
- Proof of a successful
business career
- Retain substantial
ownership in the proposed business
- You have not been
involved in s business or investment activity not acceptable in
Australia
- Score 105 points on
the points table. Detailed description of points table can be found on
the application form but it generally takes into consideration age,
language skills, business assets, turnover etc.
Approved
applicants get visas, which give them the right to travel to and from
Australia as they wish, usually valid for 5 years. At the end of this
period, you can apply for a further multiple entry visa if you meet
residence requirements, or you can demonstrate that you have engaged in a
business of benefit to Australia. You will have the same rights as other
permanent residents. However, as a business skills visa holder, you must
tell Department of Immigration and Multicultural Affairs (DIMA) your
residential address in Australia for three years after grant of your visa.
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The
British Nationality Act 1981 is the governing statute. In addition to
providing for people who were citizen of UK and colonies (CUKC) on
December 31, 1982 automatically to become British citizens, British
Dependent Territories Citizens (BDTC) or British Overseas Citizens (BOC)
on January 1, 1983. The act also includes provisions enabling British
citizenship to be acquired after January 1, 1983 by birth, descent and
grant.
- By Birth: Anyone born
in the UK under the 1981 Act is a British citizen if at the time of
birth either parent of that child is British citizen or settled in UK
- By descent: The
general rule is that a person born abroad becomes a British citizen by
descent if at the time of birth either parent is a British citizen
otherwise than by descent
- By registration or
Naturalization: Naturalization is the most commonly used process and
it is reserved for adults. Registration is used in wide variety of
special circumstances and most importantly is the normal form of grant
in respect of minors (person under 18). The hallmark of naturalization
is that it is wholly discretionary whereas many forms of registration
are by entitlement. As far as the registration of minors is concerned,
the British Nationality act 1981 simply provides that the Secretary of
state has the discretion to register any minor as British if he thinks
fit. It therefore remains for Secretary of State to decide how to
exercise that discretion. However, as far as naturalization is
concerned, the statute gives a lot of detail, generally providing that
there are a number of requirements that must e satisfied and once they
are satisfied the Secretary of State may then decide whether it would
be appropriate to naturalize the individual. The naturalization
requirements re reduced in respect of applicants who at the time of
application have a British citizen’s spouse. The full catalogue of
requirements, however, can be grouped into four categories: residence,
intention, language, and good character.
There are number of
categories of UK immigration law which are aimed at enabling persons with
specific occupational qualification to enter he UK to practice the
occupation. The person accommodated by these categories include following:
- Representatives of
overseas newspapers, news agencies and broadcasting organizations
- Ministers of religion,
missionaries and members of religious orders
- Writers, composers and
artists
- Private servants in
diplomatic households, and
- Overseas government
employees
The Home
Office (HO) regulates these categories and where eligible the individual
is granted an immigration status by the immigration authorities which
enables him or her to practice that occupation for a period of up to four
years. The Overseas Labor Service (OLS) which is responsible for issuing
work permits has no involvement whatsoever. It follows, therefore, that
they are work-permit free categories.
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OLS
rather than HO administer this category. The task of the OLS is,
therefore, perceived to be the providing of a service to UK employers who
are unable to find within the UK or the rest of European Economic Area,
the staff they require. The fundamental character of this category is that
there must be a UK employer who is willing to apply for a work permit to
recruit an employee who is subject to UK immigration control. The work
permit scheme does not extend to all types of employment. It is restricted
to what might be referred to as professional, executive or highly skilled
posts and therefore excludes unskilled and semi-skilled employment.
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The
essential concept of business status is that it is for individual coming
to UK to set up in self-employment as a business person. The business may
take the form of a limited company, a partnership, or a sole tradership,
and the individual may be settling up an entirely new business, joining an
existing business or taking over an existing business.
Some of the important
general requirements for this type of visa application are:
- Minimum investment GBP
200,000 which will be imported into UK and invested in a business
- A business plan
demonstrating that the investment is necessary
- Create employment for
at least two persons who are already lawfully settled in UK
This visa is sponsored by
an overseas company to establish registered branch or wholly owned
subsidiary. A sole representative can only pursue work relating to the
establishment of the business in question. That which will have been
described in the original application and approved by the immigration
authorities.
It
requires n applicant to demonstrate that he/she owns at least one million
pounds and is willing to commit three quarters (GBP 750,000) of that to a
specific four year investment in UK and during the first year locate the
remaining quarter (GBP 250,000) in UK in any form the investor chooses.
This category provides that an investor does not need to be economically
active at all. The investor can take any form of self-employment without
he details of that self-employment having to be approved in any manner.
The investor my simply take any self-employment whether short or long
duration, at any time he/she pleases without specific approval being
required.
During
the approved staying period (usually four years and then upgraded to
unlimited period) the principal may also be accompanied to or joined in UK
by his/her spouse and unmarried children under 18 years of age. They are
usually free to take any employment they wish and at the end of the
four-year period will usually be included in the principal’s indefinite
leave, even if any child is then over 18. Once indefinite leave has been
granted, such a person then find it possible to be joined here by other
family members, such as parents, grandparents, siblings and overage
children (in exceptional circumstances). After having indefinite leave for
12 months, acquisition of British citizenship may be considered.
