Immigration Law

An affidavit given in support of a nonimmigrant or immigrant application/petition.

E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

E-Verify is free and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.

Under Green Card (PERM) this type of workers are also referred to as "roving employees."
Under H-1B process they are defined by regulations as follows:
[it is legal to travel under H-1B program] if the following three requirements (i.e., paragraphs (1)(ii)(A) through (C)) are all met--
(A) The nature and duration of the H-1B worker's job functions mandates his/her short-time presence at the location. For this purpose, either:
(1) The H-1B nonimmigrant's job must be peripatetic in nature, in that the normal duties of the worker's occupation (rather than the nature of the employer's business) requires frequent travel (local or non-local) from location to location; or
(2) The H-1B worker's duties must require that he/she spend most work time at one location but occasionally travel for short periods to work at other locations; and
(B) The H-1B worker's presence at the locations to which he/she travels from the "home" worksite is on a casual, short-term basis, which can be recurring but not excessive (i.e., not exceeding five consecutive workdays for any one visit by a peripatetic worker, or 10 consecutive workdays for any one visit by a worker who spends most work time at one location and travels occasionally to other locations); and
(C) The H-1B nonimmigrant is not at the location as a "strikebreaker" (i.e., the H-1B nonimmigrant is not performing work in an occupation in which workers are on strike or lockout).
(2) Examples of "non-worksite" locations based on worker's job functions: A computer engineer sent out to customer locations to "troubleshoot" complaints regarding software malfunctions; a sales representative making calls on prospective customers or established customers within a "home office" sales territory; a manager monitoring the performance of out-stationed employees; an auditor providing advice or conducting reviews at customer facilities; a physical therapist providing services to patients in their homes within an area of employment; an individual making a court appearance; an individual lunching with a customer representative at a restaurant; or an individual conducting research at a library.
(3) Examples of "worksite" locations based on worker's job functions: A computer engineer who works on projects or accounts at different locations for weeks or months at a time; a sales representative assigned on a continuing basis in an area away from his/her "home office;" an auditor who works for extended periods at the customer's offices; a physical therapist who "fills in" for full-time employees of health care facilities for extended periods; or a physical therapist who works for a contractor whose business is to provide staffing on an "as needed" basis at hospitals, nursing homes, or clinics.
(4) Whenever an H-1B worker performs work at a location which is not a "worksite" (under the criterion in paragraph (1)(i) or (1)(ii) of this definition), that worker's "place of employment" or "worksite" for purposes of H-1B obligations is the worker's home station or regular work location. The employer's obligations regarding notice, prevailing wage and working conditions are focused on the home station "place of employment" rather than on the above-described location(s) which do not constitute worksite(s) for these purposes. However, whether or not a location is considered to be a "worksite"/"place of employment" for an H-1B nonimmigrant, the employer is required to provide reimbursement to the H-1B nonimmigrant for expenses incurred in traveling to that location on the employer's business, since such expenses are considered to be ordinary business expenses of employers (§ § 655.731(c)(7)(iii)(C); 655.731(c)(9)). In determining the worker's "place of employment" or "worksite," the Department will look carefully at situations which appear to be contrived or abusive; the Department would seriously question any situation where the H-1B nonimmigrant's purported "place of employment" is a location other than where the worker spends most of his/her work time, or where the purported "area of employment" does not include the location(s) where the worker spends most of his/her work time.

Specific Vocational Preparation is a number assigned by US Department of Labor to every job in USA. SVP tells us what amount of education and/or experience is "normal" for a job. If we exceed the SVP for a job during PERM process, we will often need to justify it through establishing business necessity for our enhanced requirements.

Entered Without Inspection - refers to people who cross the border into USA without going through the government post. These people are generally barred from adjustment of status.

Deals with investigations conducted by various govt. agencies (USDOL, USCIS, DOS, DOJ, FBI)

some times cases are transferred from one office to another. Typically this is done where USCIS is sharing workload with other offices, where AOS/I-485 interviews will be conducted in a local office, etc.

A proposed Bill (never became an "Act") to legalize the status of children who have lived in USA for a long time, but whose parents are illegally present so that the children can go to school and college.

Delays in processing and related matters

Employment Authorization Document is a general term describing the documentation which evidences a person's right to work. EAD's are given during many statuses and processes such as A , E, F-1 visa, G, J-2, K, L-2 etc. and adjustment of status.

Also used as a generic term for Privacy Act in US immigration community. FOIA and Privacy Act are both methods of obtaining information from government agencies such as USCIS.

FP or fingerprinting is a part of immigration and non immigrant processing.

Permission fro a green card holder to stay away from US for upto two years without losing their green card.

Request For Evidence is a a request from a government agency to provide further information on an issue before the government. Typical RFE's from USCIS question submissions for a specific petition or form such as I-140 RFE, I-485 RFE, I-130 RFE, H-1B RFE.

US consulates all over the world are an arm of the US State Department. They are given the responsibility of issuing permanent (green cards) and temporary visas for people outside USA.

Immigration benefits are given after certain types of vaccinations are either taken, proven to have been taken through medical tests or exempted because of a person's religious/moral convictions.

A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa (green card) for permanent residence. The type of visa required is defined by immigration law, and relates to the purpose of travel.

This is a temporary tag