This analysis was prepared by staff attorney Marissa Malouff from the Immigration Law Office of Los Angeles, P.C. Attorney Malouff is a former USCIS officer and Department of Justice attorney who drafted the decisions for immigration judges in the Los Angeles immigration court. To schedule your consultation with her, call us at (800) 792-9889 or text us at: (213) 375-4084.
A few months ago, I wrote an article regarding the requirements of the E-Visa However, during my consultations, I am repeatedly asked similar questions from entrepreneurs about what it takes to start a business in the United States. Therefore, I decided to write this article to answer in more details, besides the basic immigration requirements, what one can do to start a business in the U.S.
On July 29, 2016, USCIS announced the expansion of the provisional waiver. This is great news for those that have green card holding spouses or parents, but were not previously eligible to apply (because it was limited to U.S. citizen qualifying relatives). To better understand the changed, let’s first look at the original provisional waiver.
Can students work on an F-1 Visa?
Once a foreign student with a student visa has completed their academic program, the student is eligible to apply for Optional Practical Training (OPT). OPT allows a student to obtain paid or unpaid temporary employment that is directly related to the student’s major area of study. The OPT program provides students the ability to gain valuable work experience, remain in the U.S. for 12-24 months beyond the completion of their academic program and potential eligibility for certain students for some employment based visas. Some students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions may extend their STEM OPT period by 24 months after their initial 12 month OPT period.
Are you a DACA or TPS recipient married to a U.S. Citizen? If so, please review a possible path for you to get legal permanent residency at:
First Preference Category Visas - EB-1
First Preference Category visas also known as, EB-1 (Employment Based) visas are dedicated for three types of foreign individuals, those who:
- have an extraordinary ability,
- are an outstanding professor or researcher, or
- are a multinational executive or manager.
Foreign workers and employers should note that only 28.6% of the world wide visas are reserved for the EB-3 category. Consistently there are more applicants under this category than there are visas available. This means that there is usually a waiting list for this employment based category and the foreign worker must wait for a visa to become available before they can apply for a green card (Form I-485).
Me Puede Patrocinar Mi Hijo Ciudadano Para La Residencia Permanente?
Muchos inmigrantes son padres que entraron a los EE.UU. sin documentos y que tienen hijos ciudadanos americanos. Es muy común que muchos inmigrantes con hijos que son ciudadanos americanos pregunten: “mi hijo/a tiene 21 años, me puede patrocinar para una tarjeta verde?” Si esta es su situación, primero asegúrese que usted tiene todos los requisitos necesarios antes de someter una aplicación al Servicio de Ciudadanía e Inmigración de Estados Unidos (USCIS, por sus siglas en inglés). Solo el hecho que su hijo/a americano/a tiene 21 años no es suficiente para obtener su residencia legal. Si usted cumple con todos lo requisitos, usted podrá someter una aplicación para la residencia a USCIS.
What are the benefits of a U Visa?
A U Visa is a temporary visa available for immigrant victims of serious crimes in the U.S. who have suffered significant physical harm or significant emotional or psychological harm as a result of the criminal activity. The victim must also have provided information, assistance and cooperated with law enforcement or government officials during the investigation or prosecution of the crime. If an immigrant’s U visa is approved, the immigrant will receive a temporary visa to remain and legally work in the U.S. for a period of four years. After the immigrant has had U Visa status for a period of three years, he or she can file an application with U.S. Citizenship and Immigration Services (USCIS) to obtain Lawful Permanent Resident (LPR) (green card).
Extra Obligations for California Employers
If you are currently employing a foreign domestic worker and sponsoring that worker for Lawful Permanent Resident status (LPR) (green card) you must ensure that you are in compliance with state and federal employment tax laws.
Examples of domestic workers, also referred to as household workers are: baby-sitters/nannies, chauffeurs, cooks, housekeepers, caretakers etc.
If you are a domestic employer in the state of California, state payroll taxes are regulated by the State of California Employment Enforcement Department (EDD). A domestic employer may have to register with EDD and submit Form DE1 HW – Employers of Household Workers Registration and Update Form. To determine whether registration and submission of Form DE1 HW is required, the employer must look to the amount of cash wages paid to domestic worker in a calendar quarter.