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San Jose California Immigration Law Blog

Immigration law can be complicated but we can help

California residents born and bred into the country may not realize how many people are attempting to come to America to pursue higher education, start a business, begin working at the job of their dreams or join family members who they have been separated from for a number of years. Citizenship or legal resident status affords individuals many privileges and therefore people want to ensure they are fulfilling all their legal obligations to come and remain in the country.

Regardless of what visa category one is coming to the country under, there are likely to be a number of forms to fill out and documentation to present. Simply coming into the country does not end one's obligations though-until one becomes a lawful citizen, there are still a number of forms that have to be completed and changing requirements to be kept up with. It can become overwhelming for an ordinary citizen to keep up with and the reality that a single misfiling or miscalculation can cost someone everything they have worked so hard to achieve can be worrisome.

Employment-based categories for immigration

While many California residents may think that immigration to the United States is only possible if a family member sponsors them, as discussed previously, this is not the case. it is possible to become a lawful permanent resident of the country based on an offer of employment. Employment based immigration has several different categories, as discussed below, but revolve around the employee's skill, education and work experience.

One of the categories for an employment-based visa is that of priority workers. These are people who have an outstanding ability in arts, the sciences, business, or are athletes who have national and international acclaim with recognized achievements. They could also be extraordinary researchers or professors, or key managers or executives of certain multinational companies.

What effect did the government shut down have on immigration?

The partial government shutdown, which was the longest in American history, had wide-ranging, unintended consequences for people across the country. One of the groups that suffered the most during the shutdown were regular, legal immigrants simply attempting to renew their status to continue working.

To understand the full scope of the problems that arose for immigrants it is important to look at the state of things before. We have written previously about rising numbers of employment-based immigration denials, but this was only one piece of the overall puzzle.

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Can investors get immigrant visas to America?

For a foreign investor looking to settle in America, there are investor-based visas available. They fall under the Employment Fifth Preference, EB-5 category, visas for individuals who are going to provide capital investment in new commercial enterprises in the country and this would create jobs.

The first type of investor immigration is that of regional center investment. The individual looking to immigrate would invest $500,000 in a government approved regional center for around five years. A conditional green card can be obtained within 18 months and the investor and his or her immediate family members can enter America.

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Basics about family immigration

While people born and raised in California may not think of it often, there are a number of immigrants who are waiting to get their green card and become residents of the country. A green card gives three important rights to those who have it: the right to live in the country permanently, the right to work legally in the country and the right to enjoy the protection of civil and federal laws.

However, to obtain a green card one must qualify. There are eight different categories under which an individual can qualify, including family, employment, victims of abuse, refugee or asylee status or human trafficking and crime victims.

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When a spouse of a citizen is granted conditional resident status

Among the relatives of U.S. citizens that are generally eligible for a green card are spouses. It is important to note though that, sometimes, the permanent resident status granted to spouses of citizens is conditional. Generally, this status is conditional if, at the time it was given, the marriage was less than two years old.

Conditional permanent resident status typically lasts for two years. Generally, at that point, the conditions either have to be removed or the spouse loses his or her permanent resident status.

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How can I hire immigrants for my open job positions?

There are many reasons immigrants choose to come to the United States. One of those reasons is for better employment opportunities. As an employer, you know the value of a strong workforce in your company, regardless of an employee's country of origin.

Immigrants often need a new employer's help applying for a visa. To properly and efficiently assist your future employees, it is important to understand how employment visas work.

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Employment-based immigration denials are rising

If there is one thing that the Bay area's tech industry leaders need it is a steady influx of talent to continue to innovate and succeed. However, it is becoming increasingly difficult to acquire the necessary talent from other countries due to the volatility in US immigration policy.

According to a report in Newsweek earlier this year, Indian immigrants with EB-2 visas are facing waiting times of around 150 years for green cards. Additionally, all employer-based visas are increasingly denied by immigration officials. While the wait time is eye-catching, it is the outright visa rejections that are a growing concern for employers.

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Visas and Residency for UC Tuition Purposes

It is no secret that many immigrants are young students seeking to attend the United States' top universities. Many of these universities are in California, but California universities' out-of-state tuition rates can be prohibitively expensive. What is considered a "resident" for California university tuition purposes has some interplay with immigration laws. This article will explore some of them here, based on the University of California tuition guidelines.

What Should I Do After I'm Approved for Naturalization?

visa1-773x510.jpgNaturalization is the process in which a foreigner officially obtains U.S. citizenship and nationality by fulfilling the necessary legal requirements. Once the United States Citizenship and Immigration Services, or USCIS, has approved your Application for Naturalization and your Form N-400, they will schedule you for your naturalization ceremony. Your naturalization ceremony contains important steps that you will need to take in order to complete the process of becoming a U.S. citizen and to be officially approved for naturalization.

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