Shah Peerally Law Group PC

All US Employers must complete a Form I-9 for each person hired after November 6, 1986. The Form I-9 was established into law under the Immigration Reform and Control Act of 1986. The form requires employers to review and record data from the individual’s original identity and employment authorization document(s), and assess whether the document(s) reasonably appear to be genuine and related to the individual presenting them. In cases for subcontracted workers, subcontractors must be put on notice and sign off on a policy that requires properly documented workers.

At any time, without advanced notice, both Immigration and Customs Enforcement (ICE) and the Department of Labor (DOL) are empowered to perform audits of employers to determine if a company (whether it is a small local employer a large corporation) is in compliance. The key to ensuring compliance is to have strong policies and procedures in place to deal with I-9 preparation and maintenance requirements. Supervisors and management should be trained in the law of documenting workers and the responsibility for completing the I-9s.

During an I-9 audit, the employer may be required to present I-9s within three days. Employers facing surprise audits should make every effort to ensure their I-9s are in compliance and that there is an I-9 for each employee hired after November 6, 1986. The I-9s must be fully completed and signed by both the employee and the employer, and expired documents must be updated.

An EB1A is an immigrant visa in the EB1 category that is reserved for foreign workers of extraordinary ability in the sciences, arts, education, business or athletics. There is only one criteria, which is to establish “sustained national or international acclaim.” The standard for EB1A is high, and reserved for those who have proven to be amongst to top few percent in their field. Immigration laws have set out specific criteria to allow the foreign worker to prove “sustained national or international acclaim.” The easiest way to prove eligibility is to show that you possess a major international award of renowned repute. Most people do not possess such an award, and may establish eligibility by providing at least three out of a group of several acceptable pieces of evidence including: proof of lesser national or international prizes of excellence, published material of your excellence in major publications, evidence of commanding exceptionally high compensation, etc. You do not need a job offer, but you should demonstrate that you are seeking to enter the US to work and substantially benefit the US.

Unlike other employment based categories, the quota for EB1 class petitions generally is never met, therefore, a visa or change of status to EB1 can be obtained as soon as the petition is approved. EB1 cases do not require any test of the US job market either. The process can be completed in a matter of months.

An advantage of the EB1A over the other EB1 petitions is that no job offer is required. As previously mentioned, the process for obtaining EB1 status is much faster than other employment based green card petitions. The immigration service is hesitant to approve EB1A cases. Often, an EB2 or EB3 petition is a better, more realistic option.

E-1 visa applications are difficult to document and can be painstakingly time intensive. Proving “substantial trade” is also especially challenging when the amount of trade is not toward the higher end. In such cases, a strong argument must be made that such trade is substantial in the particular business based on the nature of the trade. Knowledge of what the immigration service or department of state expects to receive from the petitioner is essential to success. In some consulates, there are particular formatting requirements that if the applicant fails to meet, the case will be immediately rejected.

Family based visas are immigrant visas reserved for relatives of US Citizens and Lawful Permanent Residents (Green Card holders). The two steps in applying for lawful permanent residence in the US (a Green Card) are i) not be inadmissible, and ii) establish eligibility within one of the categories by establishing your relationship to a qualifying relative as either a spouse, child, or parent.

When an individual is sponsored, that person might have spouses and children who they would like to bring with them. The term for such persons is “derivatives.” Only preference relatives may include spouses and children as derivatives. So, for example, if a US Citizen sponsors their parent, that parent can’t bring their children with them. On the other hand, if a US Citizen sponsors their sibling, that sibling can bring their children with them.

The most current US Department of State “Visa Bulletin ” will show how long people in preference relatives will have to wait to be able to apply for a green card based on their country of birth. Again, for immediate relatives, there is no priority date issue, which means that green cards are immediately available.