Immigration through employment is governed by the Immigration and Naturalization Service (INS), and, oddly enough, all employers are involved in immigration through employment in a minor way. This is because of the I-9 verification process – it’s designed to ensure you only hire permanent residents or citizens, not illegal immigrants. So if you have any employees, you are part of the INS system.

What are I-9 Forms?
You can get them from the INS online or by calling. It’s part of a process to ensure you hire no undocumented workers, a major problem in the United States. All companies are involved in this process. The only exemption for filling out an I-9 is if you are using an independent contractor, but all other new hires need an I-9.

What if there are problems?
The INS receives complaints of employers using illegal worker often enough to add to the current debates on illegal immigration. The problem is that illegal immigrants are taking jobs they are not allowed to take. While the majority of these jobs are low-paying, it’s still breaking the law. If you are using illegal immigrants as workers, it’s not just them who pay; you can be penalized for hiring illegals. If, however, you do not know one of your workers is undocumented, and he or she had apparently valid information, you will not be held responsible.

What if you’re unsure?
The only times you should investigate a worker is when the information and documents are clear forgeries. If they appear to be correct, you need not investigate. However, if the documents are forgeries, for example a faked green card, you should investigate further. While you are not always penalized if you don’t know, it can help you legally to ensure you hire no illegal workers.

There are some steps to to avoid running into trouble. First, when you first hire a worker, verify his or her status with the usual paperwork. Make sure you get all documents required. Look closely for possible forgeries in these documents. You will then ensure the documents match up with the I-9. Then keep the I-9 for a minimum of three years, or one year after employment. It’s important to note that the INS can give you notice to inspect the I-9, without a warrant or subpoena. If they ask for the documentation, you have three days to give it.

You should also never tell your new employee what documents to give you; this is his or her job. Also, if the document is a copy, you need the original. And finally, only reject a document if it’s clearly a fake.

Getting Help
Immigration through employment may sound complicated and dangerous. However, if you hire proper legal representation to ensure no mistakes are made, if you follow the above laws and tips, you can benefit from a new employee with unique talents and knowledge.

Immigrating to the United States is quite often a dream come true. The process can be quite difficult for some, easy for others who follow the laws and hire the right lawyer to represent them.

There are many common questions on immigration we hear all the time. A prominent one is exactly what adjustment of status is. This blog guide will answer that question and go beyond, helping you  successfully immigrate to the land of opportunities and dreams.

What is adjustment of status?
It’s the final step to getting your green card, earning permanent resident status. In other words, you can live, work, and study in the U.S for 10 years. Also, you can bring your dependents to the U.S. This includes your spouse and any unmarried children under 21. So adjustment of status effects more than just you: it can lead to green cards and opportunities for your entire immediate family.

How do you apply for adjustment of status?
The form you have to fill out is the I-4845 document, required if you want permanent residency status. You should also file I-765 and I-131. I-765 allows you to work in the U.S prior to getting your green card, and I-131 allows you to easier travel in and out of the country while your application is still pending.

How much does it cost?
The basic filing fee for most is $1,010, though it can be less for applicants under 14 or 79 and older ($80 less in both cases). If you have a child and you both are applying, the filing fee is only $600 for the child. You should also consider hiring an immigration lawyer in order to better your application. An immigration lawyer will likely have a flat rate for you to pay; some are willing to negotiate fees, and many will work with you on a payment plan. This may sound like a lot of money, but once you reap the rewards of better opportunities and rights, it’s more than reasonable.

What is the EAD?
An employment authorization document is photo identification that you can apply for in order to work with in the U.S. It’s commonly called a work permit. In order to maintain your work permit, be sure to file the extension at least 4 months in advance of expiration. If you continue to work and do not reapply, you may lose the opportunity to adjust. You will be working with the USCIS in these cases. If you are unsure of where you stand, an immigration attorney can help make sure you stay within the   laws and maintain eligibility to work in the U.S.

Do you need a lawyer?
Adjustment of status can be time consuming, and the laws may confuse you. If you’re unsure of any part of the process, it’s more than worth it to hire an experienced immigration lawyer. A lawyer can help you first apply for a green card, then get through the adjustment of status, and finally start working in the U.S.

Immigration through employment occurs when an employer sponsors you for a job, therefore allowing you to immigrate to the United States. References vary on exactly how to successfully apply for immigration through employment, so this post focuses on the basics.

Are you eligible?
You can be eligible for immigration through employment under four categories. While millions do not immigrate this way, about 145,000 immigrated to the U.S. through employment in 2009. The cut off number is 140,000 currently, meaning that only so many immigrants are allowed to apply via this method, but there are exceptions for more. Let’s go over the four categories.

Priority Workers
If you have an extraordinary ability in areas like science and math, or you’re a professor or researcher in a complex field, you can be considered. Even some executives and managers of companies with rare skill are considered.

Professionals with Advanced Degrees
Similar to priority workers, only as a professional it’s focused on your actual education. You can be eligible if you have an advanced degree, or if you have a baccalaureate degree and years experience in a fields like the arts, sciences, and business.

Skilled or Professional Workers
Here the focus is on work experience, but you still can use your education. In this case you need at least two years training or experience, or you are capable of filling a position which requires less training (a professional worker).

Special Immigrants
Special immigrants take on less regular occupations, such as a priest.

How can you apply?
Your employer and an immigration lawyer will have to help in the application process, as there are many steps involved which you likely cannot handle on your own. You first need to submit labor certification to the Department of Labor’s Employment and Training Administration. The DOL will decide whether you are eligible and needed or not. This is where the above steps are important: you must be able and qualified for a position which won’t take a job away from a U.S. worker.

If accepted, the employer will file a petition with the USCIS. The worker will then have to wait until an available visa comes in (remember the number is limited). After this, you will then be a conditional permanent resident based on your employment, allowing you to live and work in the U.S.

Who should you hire?
It’s a complex process just to get a green card and to be able to work, but it’s the law all immigrants go by. If you’re an employer considering this option, be sure you work with an experienced immigration lawyer who can help with immigration through employment. If you’re an immigrant hoping to work in the U.S., the first step is to find an employer willing to hire you.

The records are being broken every year in the 21st century in terms of immigrants deciding to pack up and live the dream. But how many people have really immigrated to the U.S. in past years? Why is it growing? What are the advantages of living here legally, and of U.S. citizenship? Let’s find out.

How many immigrate to the U.S. ever year?
The numbers vary, but a recent government study said over 1 million people became legal residents of the U..S in 2009. And over 1 million legal residents of the U.S. became naturalized U.S. citizens in 2009.

Where are they going?
Historically, New York was the big draw for immigrants, and it still is. However, since the majority of new legal residents and naturalized citizens come from Mexico, they often live in California. That does not mean Mexicans are immigrating in the hundreds of thousands to just one state, but Mexico sends the most immigrants too the U.S. ever year. And because of this, and for other reasons, California has been the #1  place for new immigrants and citizens to live.

How many illegal immigrants are there?
This is a tough subject, but it bears a consideration in the current debate over illegal immigration. Some estimates are that about 20 million illegal immigrants are in the U.S. However, other studies consider that too high and the real number currently over 10 million. Also, still more studies have pointed out illegal immigration is declining.

Why are they coming to the U.S.?
The U.S. has been an open door country throughout its time. Immigrants have come to the land of opportunity for, well, opportunities. Some fled from persecution, others wanted better jobs, others simply wanted the better system of government, and some wanted to simply live in a better area for their children to grow up.

Immigration has always had an impact economically, socially, and politically on the U.S. Even back in the 19th century, when Irish immigration was considered a problem, there were calls for closing borders.

Why leave borders open?
Since this country is technically all immigrants, that’s one argument. The other one is that immigrants are taking jobs, breaking laws, and have no understanding of how the country works. Still others point out illegal immigration is costing in other ways.

Why naturalize citizens?
For immigrants, becoming naturalized U.S. citizens is the dream. If you want a better life for your family, it’s a dream. For those of us who are already U.S. citizens, it may be easy to say these citizens are taking opportunities, school desks, and money away from us. They are also spending money, creating jobs, studying to get better jobs, paying taxes, and serving in the armed forces.

Need immigration help?
Finally, you want to live in the U.S. — you want the dream. What’s the first step? You hire an immigration lawyer to first help you earn a green card and then apply for U.S. citizenship.

There are many laws designed to help immigrants successfully live and work in the U.S. While in history many countries have closed their borders to immigrants, these laws are perhaps one of the fairest Acts of Congress.

That may seem to be overblown, but look at the problems we have today and compare them to what was happening. People now understand, because of the news and because of laws, most of the rules when it comes to treating new immigrants.

This is not to say immigration is always beneficial for the U.S., but it does mean fairness and equal rights are what differentiates this country.

What is the IRCA (Immigration Law And Control Act)?

First, why is treating immigrants fair beneficial for all of us?
-Immigrants bring culture, values, and unique talents to the U.S.
-Immigrants are very often valuable workers.
-Immigrants and their new culture can strengthen our own culture.
-Immigrants can bring money and jobs into the country. The myth is that all immigrants are poor and jobless.

These benefits have arguments. Immigrants can take jobs, fill college seats, and sometimes break the law. But few benefits are without downsides.

Now, the question Congress asked was how immigrants should be treated. In 1986, an Act of Congress signed by President Reagan put into motion the IRCA.

What is the IRCA?
The IRCA governs companies and how the hire, fire, recruit, or refer immigrants. if you just moved into the U.S. and have a green card, you are protected under this law. Let’s go over it in detail.

When hiring, discharging, or recruiting, employers may not:
-Discriminate based on national origin, no matter if the prospect is a U.S. citizen, national, or authorized alien
-Discriminate based on citizenship status citizens, nationals, and aliens who are permanent or temporary residents, refugees, or asylees

There is more to the laws, but in essence the IRCA governs on how employers handle workers. Of course, if someone you hire is an illegal alien, that is another matter. But you cannot discriminate based on origin or citizenship.

Another law governing employers is the I-9 Form. What is the I-9? It’s a paper which establishes how you plan to hire new employees. It’s required in order to hiring individuals, and notes how you cannot rule out permanent residents because they are not U.S. citizens.

There are many steps to this, and we’ll be going over them in the future. For immigrants, the important thing to remember is you have rights, but sometimes you have to fight for them. If you feel you’re being discriminated against because of national origin or because of your citizenship status, you have a right to appeal in court.

California has historically been impacted a great deal by new permanent residents to the United States, and not just because of the Latin insurge of new residents and citizens.

For the past years, California has had the most immigrants of any state, with New York coming in at #2.

Just what is the impact of green cards on California? How many people immigrated to California in 2009? Does this impact jobs in any way? Does it help the economy to have new permanent residents? This guide takes a positive look at the impact of immigration on California.

How Many Immigrated to the U.S.?
About 1,030,000 new immigrants came into the U.S. in 2009. This is a small increase over 2008, which had about 1,007,000 new immigrants come. Of these, the majority were family sponsored new residents who gained green cards. The nation with the highest number of immigrants coming here is Mexico, following a common trend in the past decade. Of total immigrants, the majority were aged 25-34 according a Homeland Security study. This study also noted how Asian immigrants are rising, accounting for the majority of new permanent residents since 2007, and #2 came North  America.

How Many Immigrated to California?
About 227,000 immigrants came to California in 2009.  New York came in at 150,000 new immigrants, second to California.

How Do Immigrant Effect the U.S.?
What’s the impact of green cards on the country? It’s not cause for debate on this blog, but it’s worth considering how many new immigrants come with skills to our country.  Do immigrants take jobs away from other citizens? Actually, immigrants are afforded opportunities to become part of society. This includes in-state tuition for certain immigrants, eligibility to serve in the armed forces, and once working to contribute taxes. It’s also a dream for many who live in poorer communities elsewhere.

Impact of Green Cards on California
Since green cards have a positive effect and are big opportunities for the poor, it’s also important to bear in mind how many illegally live in the United States. The statistics prove that illegal immigration is a big problem. If you are aware of someone who has immigrated illegally, instead of reporting them, you can actively help them get green cards.

How to Get a Green Card in California
The best way for new immigrants to make an impact on the United States is by earning permanent residency status, getting an education, and joining the work force. Immigration law is a complicated subject for new immigrants, and immigration lawyers can help immigrants stay within the laws and get the most opportunities.

Ending Notes On U.S. Immigration
Historically, immigration has had both a positive and negative impact on the U.S. However, by staying within the laws, by earning green cards and later citizenship, new immigrants can make just as big an impact on society as any other citizen.

A green card states you are a permanent resident of the United States, not a citizen, but with the opportunity to live and work in this country, and the opportunity for earning U.S. citizenship later on.

Getting a green card, usually through a family, spouse, or business, can be tough. Keeping your green card can be hard too. If you have a good immigration lawyer, these problems can go away. A talented immigration lawyer can walk you through getting and keeping a green card legally, and later give you the opportunity for you and your family to become U.S. citizens.

Why is a green card such a big deal? Let’s go over some major benefits those with a green card, permanent residency status, have in the United States.

You Can Leave the US. and Return with a  Green Card
If you have to leave often to visit family in another country, or if you have business outside the U.S. on a regular basis, a green card makes reentry simple. With a green card, you’ll have less chance of not being permitted to reenter the country. You still have to reenter legally, so be sure to show the USCIS your green card when you return. Also, do not break any major laws outside the country.

Green Card Length
A green card makes it so you need not worry about expiration. The actual “card” for permanent resident status lasts 10 years. Also, green card status itself is valid for your entire life. This too saves you time and worries of having to reapply: once you’re in, you will stay in provided you follow all laws.

Education Grants with a Green Card
With a green card, though you have less rights than U.S. citizens, there are many special benefits you can earn. You can apply for government financial aid. Also, if you wanted to go to a major college, all permanent residents of the United States pay less tuition to universities and colleges. The “in-state” tuition bonus is applied to your education, often saving you tens of thousands of dollars that many foreigners are forced to pay.

Green Cards and Jobs
You have the right to any job within the country. If you apply with a major automobile factory, for example, no matter the work involved, hours per week, and pay, you are eligible. Some companies hire only U.S. citizens, but many offer opportunities to talented permanent residents. So, it makes sense that you can go to college, get a good education, and apply to top jobs in your specialty.

Retirement in the U.S. and Green Cards
If you worked with a company for 10 or more years, you are then eligible for social security benefits. For example, you worked with an automobile company for 15 years; social security taxes were applied to your paycheck; that’s why you’re eligible.

Sponsoring Family for Green Cards
There are many other benefits of getting a green card, but one which may be close to your heart is  sponsoring a spouse or child for permanent resident status just like you. This is common in the U.S., and with the help of a good immigration lawyer, your family has a good chance of earning permanent resident status.

Immigration law experts are now noting a new way for immigrants to illegally get into the U.S.,through the student visa. The student visa has become a headline again with reports across the web and newspapers about how crime rings were being hired to take immigrant proficiency exams and classes for immigrants in need of student visas so they could stay in the U.S.

After 9/11, immigration authorities took clear action on stopping such occurrences. In fact, one of the Sept. 11 hijackers involved in the attacks used  a student visa to enter the U.S.

Rings involved in illegally obtaining U.S. student visas have been broken up in recent months across the country, including  Florida, California, and Georgia.

What exactly were they doing? These rings were operated to keep student visas for immigrants. The criminals would take tests, do immigration paperwork, attend classes in the immigrant’s name, write term papers, and guaranteed passing grades. This has been termed as a new illegal way to easily pass through checks and come into the United States.

It should be said, these rings were not involved in terrorism activities, at least early reports are stating that. But they are showing another flaw in how U.S. immigration laws are keeping certain immigrants out of the country.

What does this mean for U.S. immigrants today? Why use student visas to enter the country illegally?

Non-immigrant student visas are given to aspiring students hoping to study at an American academic institution, language training program, or a vocational school approved by the USCIS (United States Citizenship and Immigration Services). Actually being accepted into one of these schools is just the start. While getting a student visas is far from impossible, with new laws, and news items such the aforementioned, it’s tougher.

You can get two types of student visas–a visa for a college, university, seminary, conservatory, academic high school, or a visa for a language training program. In some cases, you can also get a visa for pursuing nonacademic or vocational schools.

You need to be accepted. As a foreign national, you must show you’ve been accepted into a U.S. school or program of some kind.  In most cases, you must prove an ability to speak proper English. This is important as the classes will be taught in English, and does not concern actual nationality. Once you’ve proven you are eligible for education, you must prove you have the money to pay for the U.S. school.

A student visa is clearly one way to live in the United States. It’s one step closer to proving you can become a U.S. citizen. Be clear on all the laws involved in applying for a U.S. visa, never put yourself in a position to be deported from the country, and if you have questions contact an immigration lawyer for counsel.

New York is currently and historically one of the states which immigration has the most effect. After all, many from around the country had ancestry who came through Ellis Island. And not much has changed, as New York is only second to California in terms of permanent residents in 2008. New York had almost 150,000 new legal permanent residents in 2008, while California had close to 250,000 new permanent residents.

Let’s focus on New York. What has the impact been on New York with so many living here? It’s clear New York has been one of the most populous place for both citizens and permanent residents, but the effect of new immigrants can always have positive and negative effects.

First, what does permanent residency mean? What’s a green card?

A green card and permanent residency mean you have the right to live and work in the U.S., and travel in and out with few restrictions. You cannot vote, and technically can be deported if you break laws.

Most with green cards are family members of U.S. citizens. Often naturalized immigrants have children here and these children are considered U.S. citizens, so if you’ve been naturalized, you can expect your children to be U.S. citizens.

Many also get permanent resident status (green cards) through marriage. This is technically legal, but has been abused in the past and occasionally is abused today. You must in a sense prove you intend to marry your spouse and have serious feelings; otherwise it might look suspect. If you already have children with this spouse, it’s often an easier argument to prove you do indeed want to marry this person.

Before we move onto the impact permanent residents have had in New York state, what has  the impact been nationwide? In 2010, the foreign-born population in the U.S. is expected to reach 43 million, which is almost 14 percent of the total. While this may seem to be a large number, in years past there have been ever more foreign-born living permanently in the country. Canada, for example, has a 17 percent foreign-born population, while Australia has almost 25 percent. So it’s not an event localized to the U.S.

As for New York, the state traditionally with high foreign-born permanent residents, the numbers are different. While it used to be the majority flocked to New York and other large states such as California, when you compare 1995 to 2000, less immigrants have flocked to the traditionally large states, and more have gone to North Carolina, Georgia, and Nevada in large numbers.

That said, New York is still #2 on the list of total permanent immigrants in 2008, with about 144,000. That’s a number which has varied in recent years, but typically you can expect California to be #1 for new permanent immigrants and New York #2.

With 144,000 new residents, and such a problematic economy, it’s safe to say new permanent residence may have trouble finding work here. New York has  one of the highest unemployment rates in the US, over 10 percent by recent numbers, with new jobs added stats going down.

The impact may not be negative. With the economy slowly rebounding, and the New York unemployment rate going down in recent months, you can expect to find more jobs. To make sure you can work in the state as a permanent resident,  you must always follow the laws, work with an immigration lawyer, and apply for citizenship if you do have a green card.

The first step in getting a temporary visa to the United States is to make sure you’re eligible. These laws can be complex and the lists long, so you may want to get help from a professional immigration lawyer for counsel on eligibility. This lawyer can also walk you through the steps of applications, maintaining your visa, and also getting you a green card if desired.

You can only stay in the US for a limited time with a temporary visa, and if you want to become a permanent resident in the future, it’s smart to follow all the immigration laws lest you lose your opportunity.

Let’s go over the basic steps of applying for a non-immigrant (temporary) visa.

Where to Apply for a Temporary Visa
You need to find a consulate close to you which can authorize the type of visa you want. The best place to find out is via the U.S. Department of State’s website, state.gov, which can help you find one near you and also walk you through the process. Wherever you are, that’s the country you need to apply for a visa in. If you’re in Russia, you must apply there. If you’re in a country with poor ties to the United States and has no consulate to help you, then going to a nearby countries consulate may be your best choice.

However, not all consulates will take your visa application if you try applying outside your home country. You can explain why you are unable to apply in your home country, such as if it has poor relations with the United States.

How to Apply for a US Visa
For certain visas, you can expect the process of applying to be simple. If you only want to visit the United States for a few days or weeks, you need only fill out some applications, attend and interview, and pass some if any security checks.

Student visas are a different process. You need to find a school who will admit you and send you a special form. You will then take this form to the US consulate. The only difficulty is in finding a school who will take you.

Work visas are the most lengthy of processes. If you already have a US employer willing to sponsor you, that’s step one. If you don’t, you need to find one who will. The employer must then do paperwork to get you to the United States, including paperwork with the U.S. Department of Labor, and the office of U.S. Citizenship and Immigration Services (USCIS). After that, it’s your job to file a visa application with the consulate in your country. Often, you can expect to have an interview at the US consulate or embassy.

Time You Wait for your U.S. Visa
Unfortunately, the waiting for the wheels of U.S. Immigration to work can be slow. With all these processes involved, and with security checks now more frequent, the days of getting tourist visas in days are gone. It might take months, so plan ahead and hire a good immigration lawyer.