Unfortunately, the United States does not have a single “work visa” good for all jobs. Instead, work permission is related to the type of job to be filled and the qualifications of the potential employee. Most workers coming to the United States will fall under one of two types of visas: the H visa and the J visa. Each has its own regulations and time periods. Moreover, in some cases there are limits to the total number of visas that can be issued in any particular year. This article will provide general information on H visas. H visas are used by companies to bring workers to the United States to meet temporary needs. The employer generally must demonstrate that there is a temporary or seasonal need for employees that cannot be met by workers in the employer’s local area. There are two basic types of H visas: the H1 visa […]
Many deportation cases start with an arrest for other offenses. Even if the offense is minor (such as driving without a license), a person may find himself kept in custody because of something called an “ICE hold”. A person receives an “ICE hold” when ICE sends the local jail a form called an “immigration detainer.” This detainer allows the jail to hold the person for a certain amount of time for ICE to decide whether to take him into immigration custody. Within the last month, ICE has made several important changes to the immigration detainer. These changes are one more step in the Federal government’s policy to focus their deportation efforts on “high-priority” defendants. Changes include the following: The immigration detainer is now very clear that a local jail can hold a person for ICE for no longer than 48 hours (weekends excluded). Under the old form, jails would sometimes […]
Immigration law is a unique field. It is hard to imagine anything more important to a client’s life and future than the basic decision of whether he can or cannot remain in the United States. Yet, more than most other fields of law, immigration law is dominated by a number of myths. These myths are not only incorrect, but dangerous to our clients’ futures. The following are five of the most common myths I encounter in my immigration practice: Myth #1: Immigration law is just form-filling. Anyone can do it. Much of immigration law is form-based, but “doing it yourself” or through an unqualified person is not a good idea. Immigration “forms” are similar to standard pleadings in litigation – they are designed to provide basic information to the ultimate decision-maker. No lawyer would tell a client to simply fill out form pleadings and litigate a case on her own […]
