ImmigrationLex.com

On 10/17/06, the U.S. Department of Labor's Board of Alien Labor Certification Appeals (BALCA) issued a ruling in a case, Matter of Custom Landscape Construction, Case No. 2005-INA-181 (10/17/06), in which it addressed the circumstances under which an employer can claim that it actually had MULTIPLE OPENINGS.

The H-1B1 non-immigrant classification (for Chileans) is available to certain otherwise admissiblep persons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of: (a) Agricultural Managers, (b) Physical Therapists, (c) Disaster Relief Claims Adjusters, (d) or certain Management Consultants who hold a degree in other than their specialty area who present alternative documentation reflecting a combination of specialized training and 3 years experience.

"Temporary protection" is a temporary type of immigration status which grants qualifying individuals from certain designated countries authorization to remain in the U.S. and obtain work authorization for a temporary period of time.

Note, however, that only spouses and children of H1B1 work visa holders are eligible for derivative (H4) visas. Parents and other family members are NOT eligible for H4 visas. They may visit a worker for a temporary period of time if they apply for and receive a tourist visa, or on the Visa Waiver Program if they are eligible.

Recent changes in immigration law and USCIS procedures now make it easier for U.S. military personnel to naturalize. This page reproduces the USCIS Office of Citizenship Publication M-599 (revised June 2006), which is also attached hereto in PDF format.

The requirements for an E-3 visa are as follows:

1. The applicant must have a legitimate offer of employment in the United States.

2. The position the applicant is coming to fill must qualify as specialty occupation employment.

3. The applicant must be an Australian citizen.

4. The applicant must have the necessary academic or other qualifying credentials.

5. The applicant must intend to stay only temporarily in the U.S.

6. If required in the specialty occupation, the applicant must have any necessary license or other official permission to practice in the specialty occupation.

7. The employer must have obtained an approved Labor Condition Application.

E visas are very useful visas for investors, executives, managers, supervisors, or highly specialized personnel who are citizens of countries which have a certain type of treaty with the U.S. which provides for these types of visas ("treaty countries"), and who invest in or are employed by companies which also have the nationality of the same "treaty country"; and meet other requirements.

The following is a list of nonimmigrant U.S. Classifications and Visas. (click the "read more" link if you don't see the list)

The H-1B1 non-immigrant classification (for Singaporeans) is available to certain otherwise admissible business persons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of Disaster Relief Claims Adjusters, or certain Management Consultants who hold a degree in other than their specialty area who present alternative documentation reflecting experience in the specialty area.

Note you may also qualify under the rules for equivalent work experience.

Citizens of the British Overseas Territories of Bermuda do not require a visa to travel to the U.S. except under certain circumstances.

Note, however, that only spouses and children of H-1B1 work visa holders are eligible for derivative visas. Parents and other family members are NOT eligible for H4 visas.