The new policy that protects exploited immigrant workers from deportation is an important step in strengthening labor rights for undocumented workers. It provides a safe pathway to obtain legal protection, enabling them to stand up against workplace exploitation without fear of being deported. Under the new policy, a worker can report labor violations such as wage theft and discrimination to the Department of Labor (DOL), the National Labor Relations Board (NLRB), or Equal Employment Opportunity Commission (EEOC). By doing so, a worker may be eligible for deferred action which allows him or her to remain legally in the U.S. for two years and file a work authorization. This means that undocumented workers can seek justice without having to worry about their immigration status or risk being removed from the country. The new policy that was announced on January 13, also provides an additional layer of protection to exploited workers by ensuring that they can seek legal help without being subject to retaliation from their employers. This is especially important as many undocumented workers are afraid to report exploitation out of fear of deportation, making them more vulnerable to abuse. With the new policy in place, employees will be able to speak up and fight for their rights without fear of punishment or deportation. Overall, this new policy marks a major step forward in protecting immigrant workers’ rights and helping them obtain justice when faced with exploitation. It allows undocumented workers to report labor violations safely, receive legal protection from retaliatory measures, and even apply for work authorization if eligible. This will go a long way towards empowering immigrants and ensuring that they are not subjected to unfair working conditions or exploitation. If you have questions relating to immigration, we would be happy to review your case, guide you through the necessary legal procedures , and answer any questions you may have regarding your application.
The TN visa, also known as a NAFTA Professional visa, is a nonimmigrant visa authorized under the North American Free Trade Agreement (NAFTA). The acronym “TN” stands for Trade National. This type of visa allows citizens of Canada and Mexico to work in certain professional occupations in the United States. Canadian citizens may apply for this visa at any U.S. port of entry, while Mexican citizens must obtain prior approval from USCIS before applying. TN visas can be renewed indefinitely but must be renewed every three years. To qualify for this type of visa, an applicant must possess special qualifications or credentials that are required for their profession, such as degrees or licenses that demonstrate proper training and capability in a specific profession. Additionally, their proposed employment must be in the pre-approved professional category listed in NAFTA. TN visa holders can apply for permanent residence in the United States. This is done through a process known as Adjustment of Status (AOS). To be eligible to file an AOS application, you must meet certain criteria, such as having a qualifying family member who is a U.S. citizen or Permanent Resident, having an employer who is willing to sponsor you for a green card, and having an approved immigrant petition filed on your behalf. If you meet all of these requirements, then you may be eligible to apply for permanent residence through AOS. It’s important to note that if you are already in the United States under a legal status other than a TN visa, then you will need to switch to TN visa status to file for AOS. Additionally, you will need to be sure that you meet all the requirements for TN visas and maintain valid status during your Green Card application process. You should speak with an experienced immigration attorney who can help guide you through the entire process. Prospective TN visa applicants should consult with an experienced immigration attorney to better understand the application process and requirements for this type of visa. An experienced immigration lawyer can also help employers who wish to apply for a TN visa on behalf of their foreign national employees. If you have questions relating to the TN visa , we would be happy to review your case, guide you through the necessary legal procedures , and answer any questions you may have regarding your application.
The E-2 visa is a nonimmigrant visa that allows foreign nationals of certain countries to enter and remain in the United States for a period of time, provided they are investing substantial capital in a business or enterprise in America. Eligible individuals include entrepreneurs, their spouses, and children, as well as executives and professionals who work for a company that is owned by nationals of the treaty country. Although E-2 visa holders are not eligible to apply for green cards, they may be able to extend their stay in the United States indefinitely if their business venture continues to require their presence. The key benefit of the E-2 visa is that it can be renewed indefinitely, as long as the individual remains actively engaged in their business. Ultimately, E-2 visa holders need to keep track of the status and expiration date of their visa to ensure that they remain compliant with US immigration laws. Overall, the E-2 visa offers several benefits to foreign investors, including indefinite renewal and portability. However, it is important to keep in mind that the E-2 visa is not transferable and does have limits on international travel. It is always a good idea for potential applicants to consult an immigration attorney before applying for this type of visa. By understanding the eligibility requirements and restrictions of the E-2 visa, investors can make informed decisions about their business opportunities in the United States. This will help them take advantage of all the benefits offered by this type of visa. If you have questions relating to the E-2 visa, we would be happy to review your case, guide you through the necessary legal procedures , and answer any questions you may have regarding your application.
https://www.youtube.com/watch?v=pty-Hd1fSVw Understanding what you can and cannot do while on a visa can be tricky. So today, we’re here to discuss what NIL is, and whether international students can receive NIL compensation. What’s NIL? “NIL ” refers to the way college athletes can receive compensation using their name, image, and likeness. This allows college athletes to hire agents, secure endorsement deals, and overall earn an income through being an athlete. It also protects athletes from preventing others from exploiting their name, image and likeness without their consent and using it in a commercial manner. Using an athlete’s NIL involves a brand leveraging their name, image, and/or likeness through marketing and/or promotional endeavors which result in payment to the athlete. And realistically, a lot of the marketing and promotional endeavors are done through social media. To take it a step back, the NCAA officially made it legal for athletes to profit off their NILs on July 1, 2021. Since this initial passing, states have begun to pass their own laws detailing the rules for athletes that attend colleges in their state. And consequently, universities have also begun to produce rules and programs for their student-athletes. Though, stick around because the NIL is not created equal for all student-athletes. Now it is important to understand what NIL is not and does not mean. NCAA rules still prevent schools from paying players directly. This means that college coaches cannot offer money as an incentive for high school athletes to come to play at their school, nor can athletes receive compensation directly from their university based on their athletic achievements. For example, an athlete cannot be paid for scoring 2 touchdowns, 30 shots, 3 home runs, or 2 goals. Because the NCAA still intends to maintain its amateur sports status, paying athletes for their field play just isn’t possible at this time. What Does NIL Compensation Look Like in College Sports? This is compensation — usually money — earned by college athletes for the use of their fame or quasi celebrity status, either through their name, their image, or a likeness of who they are. Examples include being paid for autographs, appearing in an advertisement, or providing a social media shoutout for a company’s service or product. Depending on the product, a student-athlete may not be able to promote something like tobacco products, steroids, or sports betting depending on the state and school. And depending on the school, athletes may be required to notify their schools of NIL arrangements. Why is it Important? Professional athletes have been able to obtain lucrative compensation deals for years, from shoe companies to automakers, insurance companies, you name it. But college athletes have been barred from doing so under the argument that amateur athletics should remain free of influences – bad or otherwise – such as money. The NCAA has been repeatedly challenged in this area in court and has lost several key battles. Who Does NIL Apply To? At first glance, NIL regulations apply equally to all student-athletes at the collegiate-level. But when you look deeper, it has different implications for international student-athletes who are on visas that require federal compliance. So what does that mean? Let’s dig deeper. International Student-Athletes and NCAA NIL Rules Student Visa Categories There are different student visa categories with different rules allowing and disallowing work authorization. F-1 Visa Most international student-athletes are in F-1 status, sponsored by their college or university. That means the school is responsible for the student-athletes immigration compliance with the U.S. Department of Homeland Security (DHS ), and has the discretion to cancel the student’s F-1 visa if the student-athlete does anything that violates the visa regulations. To take it a step further, the school’s Designated School Official (DSO) is required to terminate the student’s F-1 visa if they believe the student is working outside of the federally permitted parameters resulting in a status violation. Schools enforce F-1 student visa employment rules, as the DHS requires. The F-1 visa allows for work authorization and certain compensation abilities under certain circumstances. The F-1 visa allows for passive income at any time. However, the NIL rules require consideration in order to obtain compensation. This means that student-athlete must actively work to receive monetary compensation. So in this case, this does not qualify for federally authorized passive income requirements for an F-1 visa. The F-1 visa does allow for active income in certain circumstances. Specifically, F-1 students are allowed to work on campus with restrictions to the number of hours worked per week. They may also work off-campus, but only for optional practical training in their field or curricular practical training as part of their education. Meaning that they must work in a position that is within their field of study. Examples of Unrestricted Work Authorization There are several types of visa holders that have unrestricted work authorization. They include: ⦁ Lawful Permanent Residence Status / Green Card holder ⦁ Pending green card applicant with an approved work permit ⦁ DACA recipient with an approved work permit ⦁ TPS recipient with an approved work permit Individuals in these statuses can work for multiple employers and it does not restrict the individual regarding the type of work they can do. So if we remember the example of the F-1 visa holder who can only work in their field of study, here, it does not matter what field you work in. Work authorization is only limited by the expiration date on their work permit, for which the work permit can generally be renewed. Other examples of individuals who hold visas other than those previously mentioned include children or spouses of diplomats, professionals, or business executives, whereas children’s respective visas generally only allow for passive income, while some spousal visas can allow for active employment. Some of the spousal visas that allow for work authorization include the H-4 and L-2 visas. And in this video, we will discuss the H-4 visa because it can be a little tricky. H-4 Visa Student-athletes
Anyone who has gone through the immigration process understands how complex it can be. It is a legal process not many wish to undertake without help. The process involves a lot of paperwork that even US-born citizens struggle with when left alone. Whether your goal is to become a citizen of the United States, receive a temporary work visa, or obtain a visa for your fiancé, an experienced immigration lawyer will be an integral part of navigating the process successfully. That is because the role of your immigration lawyer is to develop a strategy that will help you achieve your objective is the most efficient and cost effective way. Here at Direct U.S. Immigration, we have been helping our clients with their immigration needs and we want to do the same for you. And along the way, we have identified top reasons to hire an immigration lawyer and the benefits you will receive in case you are on the fence about it. Reasons to Hire An Immigration Attorney 1. An experienced immigration attorney will explain all of your options. You may be eligible for more than one type of immigration benefit, including some lesser-known benefits. An attorney can explain the pros and cons of each benefit (including comparisons of cost and timeframe) and help you decide which path is best for you. Having a holistic approach with someone to eats, sleeps, and breathes this information is very important. 2. An experienced immigration attorney has knowledge that will benefit you. This includes knowledge about the practices at specific agency offices, such as the local USCIS field office handling your case. An experienced attorney is also up to date about recent changes in immigration laws and regulations, as well as changes in USCIS form editions, filing fees, and other information that could prevent your case from being rejected or denied. 3. An experienced immigration attorney will help you avoid costly mistakes. For example, it is common for people to apply for immigration benefits for which they are not eligible or for an eligible person to answer questions incorrectly or fail to submit the required evidence. These errors can lead to application delays, denials, and in some cases, removal (deportation) from the United States. Mistakes can also be costly financially. Now you might save money in legal fees by applying for an immigration benefit without an immigration attorney, but if you make a mistake, you will pay more later on for an attorney to try and salvage your case. Or even more government fees if you have to file a new case as previously paid government fees do not roll over to your new case. The smarter choice is to hire an experienced immigration attorney at the outset, so he or she can review your situation and advise you of your options. 4. An experienced immigration attorney will advocate for you. Unfortunately, it is not uncommon for USCIS and other government agencies to issue incorrect decisions (legally, factually, or both). An experienced immigration attorney will know when the government is wrong and will fight for you. Without an experienced attorney on your side, you might never know that your case was incorrectly denied. Additionally, an attorney can advocate for you throughout your immigration process, such as during USCIS interviews and immigration court hearings. 5. An experienced immigration attorney will give you peace of mind. Navigating the complexities of immigration law alone can be confusing and stressful. An experienced attorney will take the reins and give you specific guidance on what information and evidence he or she needs allowing you to sit back and relax. Knowing that your case is in good hands will substantially lessen the stress of the immigration process. As I promised, here’s some bonus information that you may not know about: There are many benefits to hiring an immigration lawyer. There is extensive paperwork involved in going through an immigration process, and many can struggle with completing it or knowing which forms must be filed in conjunction with others. No matter whether you are a native English speaker or not, understanding legal terms can be complicated. An immigration lawyer like myself can explain everything to you and answer all the questions you might have. If you are unsure whether certain information or evidence is needed, a qualified immigration attorney can assist you. No matter how difficult your case might seem, an immigration lawyer knows how to achieve the desired outcome. We are familiar with the procedural maneuvers and opportunities that can enhance your application, but that can be easily overlooked by someone who lacks experience in the field. An immigration lawyer like myself will suggest several options on how to proceed with your case. We will outline the possible consequences of each of option and advise as to which one has the highest chance of success. I hope you found this video helpful. Subscribe if this content or information helps you in any way, comment below if you want me to talk about something in specific and share this resource because you never know who needs answers to these questions. Additionally, if you have any specific questions about this video as they pertain to your unique circumstances, please schedule a consultation . I’ll see you in the next video.
The O-1 visa is a nonimmigrant work visa available to aliens who possess extraordinary abilities in the sciences, arts, education, business, and athletics. Applicants must prove that they have sustained national or international acclaim in their field for a sustained period of at least three years. To be eligible for an O-1 visa, applicants must demonstrate that they possess three of the following: receipt of a major international award or recognition, membership in professional associations that require outstanding achievements of their members, published material about the applicant in professional or major trade publications, evidence of participation on judging panels for others’ work or original scientific, literary, or artistic contributions to the field, and evidence of a high salary compared to others in the field. The cost of filing an O-1 visa application is typically around $700–$800, depending on the location and type of visa application. The timeline for obtaining an O-1 visa varies depending upon the caseload and availability at the USCIS processing center, but approvals typically take between 3 to 6 months from the time of filing. An O-1 visa is considered a “dual intent” visa, meaning the holder may eventually apply for lawful permanent residency in the U.S. or a green card. However, it is important to note that obtaining an O-1 does not guarantee approval for a green card; additional criteria must be met for approval. Furthermore, the O-1 visa is limited to the purpose for which it was issued, and while in the U.S., holders must continue to be employed or engaged in an activity related to their field of expertise. Therefore, it is important to note that once the holder of an O-1 visa has been approved for a green card, they must apply for an adjustment of status to continue living and working legally in the U.S. With this application, appropriate documentation demonstrating intent to return to their home country must be provided. Additionally, the applicant must prove that their application is consistent with the original O-1 visa purpose. Only after the adjustment of status has been approved may an individual begin to work in any capacity and change employers. Once all criteria have been met, a green card can be issued within five to eight months. Overall, obtaining an O-1 visa is a complex process that requires various forms of documentation and preparation. However, with proper guidance and support, individuals can successfully apply for an O-1 visa and eventually obtain lawful permanent residence in the U.S. The O-1 visa is a valuable tool to allow foreign nationals who possess extraordinary abilities to pursue their dreams and thrive professionally in America. If you have questions relating to the O-1 visa, we would be happy to review your case, guide you through the necessary legal procedures , and answer any questions you may have regarding your application.
https://www.youtube.com/watch?v=pJjIuGEoOLY Applying for US citizenship is an exciting time in a person’s life. The naturalization process is processed through USCIS by filing Form N-400, Application for Naturalization. Citizenship is a crucial part of your immigration journey and requires diligence and careful attention to detail. Unfortunately, some who apply for citizenship receive a denial and are left confused wondering what happened. Reasons for Citizenship Denial As an immigration attorney, I often get the question, “what are the reasons a US citizenship application could be denied?” I always respond that there could be multiple reasons, and while some may be obvious, others are more obscure. The N-400, like all other aspects of the American immigration system, is complex and riddled with pitfalls for noncitizens. N-400 applications are commonly denied for a variety of reasons. Here are the top 10 common reasons for an N-400 denial: 1. Failed The Civic Test Becoming a US citizen is no easy feat and can seem daunting. There are 100 questions on the naturalization test; however, the immigration interviewer will only ask the applicant 10 of these questions . The N-400 applicant must answer 6 out of the 10 questions correctly. A failed civic test is a reason for denial. 2. Not Registering For The Selective Service Any male who wishes to obtain citizenship in the US must also register for the Selective Service . If a person fails to do so, their application can be denied. Unfortunately, if an applicant is denied because of this reason and you do not want to register for selective service, then you should wait to refile until you are at least 31 years old which is the age where you are no longer required to obtain a letter regarding the selective service. Of course, there are a few exceptions to this rule, and to challenge it, you will have to prove that failing to register for the selective service was not willful, in addition to filing extra paperwork. 3.Criminal Record History The USCIS will obtain your biometrics and run a criminal background check. USCIS is also interested to know if you have also committed a crime in other countries. Some crimes will permanently bar a permanent resident from U.S. citizenship, while other crimes create a temporary bar. If you have ever been arrested, speak with an experienced immigration attorney like myself before filing Form N-400, Application for Naturalization. You cannot avoid the problem. Your criminal history will catch up to you even if you want to remain a permanent resident. 4. Failure to Renew Your Green Card You are eligible to renew your green card six months prior to the card’s expiration. Timely renewing your green card is important to ensure there is no lapse in work authorization. When applying for citizenship, an expired green card can be grounds for denying an application, though in practice, a citizenship application is generally not denied solely based on this issue. 5. A Green Card Obtained Fraudulently USCIS will look into the history of the applicant. The officer will see when the green card was issued and under what category. USCIS is able to review the applicant’s history to ensure that the green card was not obtained fraudulently. If USCIS discovers that the green card was in fact obtained fraudulently, the officer will deny you citizenship. If this occurs, the applicant could be served a Notice to Appear in immigration proceedings before a federal immigration judge for removal or deportation proceedings. 6. False Information on the Citizenship Application Anyone that puts deceptive, false answers on their application will be denied. An easy way to falsify will be to check the “no” box when asking if a person has been arrested. An individual may mark this answer as no because they were never charged for their crimes, or perhaps their record was expunged, but an error of this nature will be considered falsifying a federal document. It is important to be as truthful as possible. 7. Failure To Pay Taxes Before filing a citizen application, ensure you do not have any outstanding tax obligations because even a tax bill to the IRS can be overlooked if you are on a payment plan. Those who do not pay their taxes will find that their application will be denied. 8. Failure To Pay Child Support Another sure way to get the N-400 citizenship application denied is through unsettled back child support payments. Making timely payments for child support is just as important to the government as paying taxes. 9. Proficiency In English The primary language in the US is English. To become a citizen, you must have proficiency in speaking, writing, and reading the language. They are looking for a particular command of the language, and many study aids are available. The law also provides three exemptions when taking the English portion of the naturalization test for applicants: ⦁ Age 50+ and have been permanent residents for at least 20 years; ⦁ Age 55+ with no fewer than 15 years of permanent residence; or ⦁ Have a mental or physical disability that prevents them from learning English. If you want to claim an exemption based on a disability, you must file Form N-648, Medical Certification for Disability Exceptions, with your Form N-400. A licensed medical doctor or licensed clinical psychologist must sign the certification. The certificate must state that the person is disabled and cannot understand some or all of the tests. 10. Poor Performance in the US Citizenship Interview The US naturalization interview is a formal proceeding that is done under oath. If you have an attorney, they are able to be present with you during the interview if you wish. The immigration officer will ask you if there are any changes to your original application, and your command of the language will be tested. They can deny your application if they feel uncomfortable with your answers or responses during the interview. These questions can be nerve-wracking, but they are meant to help know
As you know, when you submit Form I-134, Declaration of Financial Support, you will also need to provide supporting documents to evidence your answers on the form. In other words, you’ll need proof that the facts you’ve provided are true. Most notably, you must submit proof of identity and proof of income. Additional documentation may be necessary depending on your answers in the I-134 declaration. Evidence of Identity You need to submit proof of your identity. In the event you are a U.S. citizen, you may provide one of the following documents: ⦁ A copy of the biographic page from your unexpired U.S. passport. ⦁ A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS. ⦁ A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate. ⦁ An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport. ⦁ A copy of your birth certificate issued by a civil registrar, vital statistics office, or other civil authority showing that you were born in the United States. Proof of Income In addition to submitting Form I-134, Declaration of Financial Support, the supporter must establish with evidence that they have the income or financial resources to support the foreign national beneficiary. Although the minimum income threshold is acceptable, immigration officers weigh more heavily on income that exceeds the requirement as it is also more reliable. In other words, a supporter with a stable, well-paying job is a better option to include as a sponsor than someone with unreliable employment. Supporters who are employed with a company or organization can submit a W-2, an employment letter, and a federal tax return to meet this requirement. However, individuals that don’t have W-2 employment can have a more difficult time as they will need to show other types of documentation. Self-employed supporters will need copies of bank statements to show regular deposits that match the stated income and copies of 1099s. Again, your tax returns can help establish a history. Applicant’s Resources In certain situations, an applicant may overcome the law’s public charge provisions by submitting evidence of his or her own financial resources. Suppose the petitioner is unable to show evidence of satisfactory financial resources. In that case, the applicant may submit to the officer evidence of funds or income from one or more of the following sources: ⦁ Cash Assets– Submit a 12 months of bank statements to show the present balance of the applicant’s account, the date the account was opened, number and amounts of deposits and withdrawals. Explain if there were any huge deposits. ⦁ Real Estate or Property Ownership– Generally, you must provide a title deed or equivalent as proof of ownership. You must submit a professional appraisal or letter from a lawyer to indicate its present value and a copy of loan statements as disclosure of loans against the property. ⦁ Bonds and Stocks– Submit statements or letters verifying ownership of stocks and bonds, with present market value or indication of expected earnings. ⦁ Insurance– Provide a statement from your insurance company showing policies held and present case surrender value. ⦁ Other sources of income may be acceptable if you provide proof or satisfactory evidence that the income is reliable and belongs to you. You must also provide a statement on how the funds or income will be transferred to the United States if the financial resources are derived from a source outside the U.S. As I promised, here’s some bonus information that you may not know about: Suppose you cannot demonstrate that you meet the income requirement for your household size. In that case, you can also enlist a secondary co-sponsor (a person outside your household) willing to accept full financial responsibility for the visa applicant. A financial co-sponsor, also known as a “joint sponsor,“ can be anyone who meets the government’s visa income requirements. This joint sponsor does not need to be a family member or relative of either the sponsor or the visa applicant. However, the financial co-sponsor must be a U.S. citizen or U.S. green card holder, at least 18 years old, and living in the United States. I hope you found this video helpful. Subscribe if this content or information helps you in any way, comment below if you want me to talk about something in specific, and share this resource because you never know who needs answers to these questions. Additionally, if you have any specific questions about this video as they pertain to your unique circumstances, please schedule a consultation with us. I’ll see you in the next video.
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