Posts

Let An Attorney Help With Getting Your Green Card

Approximately 30 million people have immigrated to the United States since 1990, and the U.S. government issues about one million green cards each year. The term green card is slang for an Alien Registration Card (I-551) which certifies that a person is a “lawful permanent resident” of the United States. A green card is different than a nonimmigrant visa, which is temporary and usually issued to someone coming to the country for a specific purpose such as school or business.

The process of getting a green card can be complicated and it can take a long time. “Immigration is a complicated area of law,” said Timothy Finkenbinder, a Kissimmee attorney who has worked in the field of immigration law for more than 20 years. He equates it to doing your taxes. “You look at the forms and it doesn’t look all that difficult, but we all know tax laws are incredibly complicated. Immigration is the same way.”

An attorney familiar with immigration law can help explain the process to applicants, provide a checklist of needed documents, identify issues that might come up and how to address them.

“People often don’t know what documents should be led and do not understand that what they say on the application is attested to under oath,” Finkenbinder said. “People often get themselves in trouble because they are afraid to disclose information that is actually harmless.”

An attorney can also provide a realistic timeline. Some green card categories may be approved in as little as six months, while other categories may take up to 10 years or longer.

Immediate relatives include spouses, minor children (under 21), and parents of U.S. citizens. A stepchild is included in this category, if the marriage occurred before the child’s 18th birthday.

 The five family-based preference categories that have annual quotas are:

  • Adult children of U.S. citizens (older than 21)
  • Spouses of green card holders
  • Children of green card holders
  • Married sons and daughters of U.S. citizens
  • Brothers and sisters of U.S. citizens

Finkenbinder urges people to be cautious when responding to ads or solicitations from immigration consultants.

“Talking to a lawyer can make a life-changing difference,” he said.

Timothy Finkenbinder
Partner
Overstreet Law, P.A.

Download the PDF – Osceola News Gazette

/by

Tips To Make The Most Of The H-1B Visa Cap Season

The H-1B Visa program allows U.S. companies to hire foreign workers in specialty occupations which require a bachelor’s degree or equivalent experience for entry into the field. Because Congress has limited the number of foreign nationals that U.S. workers may employ in these positions. This limitation or quota, has resulted in an “H-1B cap season” as demand for these visas far outstrips supply (many U.S. company’s have simply moved parts of their operations overseas due to their inability to bring top talent to the U.S. as a result of the cap). The H-1B cap season begins on the first business day of April usually ends 3 to 5 days.

During this 3 to 5-day period, employers must submit their H1-B applications to USCIS for consideration. Inevitably, there are more applicants than there are available visas and a lottery system is used to determine who will be considered for an H-1B visa. In 2018, there were only 65,000 visas available with nearly 200,000 applicants. H-1B visas are typically granted for a three-year period, but that may be extended to a maximum of six years (exceptions exist under AC21).

Florida employers who hire foreign workers might find the process a bit more challenging than they are used to in the coming years. As immigration continues to take center stage at the national level, employers and foreign workers must take extra care with their visa applications and renewals to ensure workers can obtain initial approval and legally remain in their U.S. jobs once approved.

Tips For Submitting H-1B Visa Applications

USCIS will use any excuse to remove an applicant from the lottery pool. Take extra care when completing the application and make sure all required documentation is provided.

  1. Start Early. Deadlines are absolute and late or incomplete applications will not be accepted. Employers and applicants should begin preparing their applications in January, or even earlier, in order to be ready to file their paperwork in April.
  2. Plan for RFEs. Request for Evidence used to be infrequent but over the las 5 to 10 years have now become common place.. RFEs are the new norm. Plan to provide additional documentation and do not panic if you receive an RFE request.
  3. Be Prepared for Changes at any Time. Be vigilant about changes to current H-1B requirements and processing procedures which can change quickly.
  4. Explore your Options. If you are not selected or miss the deadline, there may be other visa alternatives. Speak to an immigration law attorney regarding eligibility for L-1, O-1, E-3, or H-1B1 options. In some instances labor certification may also be an option where long term employment is anticipated. 

Seek Legal Help For Employment-Based Visas

Immigration applications are being scrutinized like never before. We cannot stress enough the need to make sure every application is properly prepared, supported with the appropriate evidence and that all of the statutory requirements are explained. All visa options should be fully explored.

Contact the immigration attorneys at Overstreet Law, P.A. in Kissimmee, FL for help securing employment-based visas, like the H1-B, or for assistance in hiring foreign workers.

Contact our team at 407.847.5151 to arrange a consultation.

/by

The Never-Ending Immigration Scam: Notario Fraud

Notario fraud has been a problem for decades. This type of fraud occurs when individuals represent themselves as legal professionals, but are not actually admitted to practice law in a jurisdiction in the United States. In Florida, as with other states, it is a felony for a non-attorney to practice law without license. Individuals of Hispanic descent are particularly susceptible to notario fraud due to language issues surrounding the use of the terms “notaria”, “escribano” or “notario public.” It is actually illegal in Florida to utilize these terms due to the confusion they create. Unlike many Spanish speaking countries, where notaries serve specific legal functions and may receive legal training, notaries in the U.S. receive no such training and are authorized to perform very limited functions. They are not attorneys and may not represent individuals in immigration or other legal proceedings. Sadly, immigrants are common victims of notario fraud often perpetrated by their fellow countrymen.

What Is Notario Fraud?

“Notarios” and “immigration consultants” are individuals who do not have law degrees, yet offer their services to immigrants in need of legal advice and representation. They rely on false advertising and fraudulent contracts to gain clients then leave those clients in the lurch. Sometimes, notaries charge fees but never perform the service. In other cases, they miss deadlines, file forms incorrectly, or damage their clients’ case in some other manner.

Victims of notario fraud can lose their chance to pursue immigration relief because of the notario’s actions. By then, of course, the notario is long gone and the immigrant is left in a worse situation than when the whole process began. Notario fraud often goes undetected until the immigrant realizes the damage that has been done and consults an immigration attorney for help. By then they could be in a dire situation and be out the hundreds or thousands of dollars that they paid to the notario.

A Language Gap

Part of the problem can be attributed to a language gap. “Notario publico” translates to notary public. Here in the United States being a notary public only gives the person the authority to witness signatures. However, in other countries, particularly Latin America and Europe, the term means something very different. In those countries a “notario publico” is someone who has the equivalent of a law license and can legally represent others before the government.

Immigrants, used to the laws of their own country, naturally gravitate towards what they know and they know a “notario publico” can help them with legal matters. Unfortunately, many unscrupulous individuals take advantage of this and swindle immigrants.

Always Consult An Immigration Attorney On Immigration Matters

The single best way to avoid immigration problems is to make sure the individual you are consulting is a qualified immigration attorney who is licensed to practice immigration law in the United States.

If you need assistance with immigration matters in Florida, contact an immigration attorney at Overstreet Law, P.A. in Kissimmee, FL at 407.847.5151 or arrange a consultation online.

/by

What Documentation Is Required To Work In The U.S.?

Today’s global economy means U.S. businesses are welcoming employees from all over the world, but increased enforcement by U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Labor (DOL) means employers need to be especially vigilant about their foreign workers’ ability to legally work in the United States.

That puts the onus on employers to verify the identities and employment eligibility of their employees. It’s not enough to simply ask the prospective employee questions about his or her immigration status.

The Immigration Reform and Control Act of 1986 requires employees to provide proof that they are legally authorized to work in the U.S.. Employers are also required to document employee work authorization by completing USCIS Form I-9. The Form I-9 must be completed for all employees and where an employee has an employment document that has an expiration date, the employer is required to re-verify employment eligibility on or before the expiration date of the document. The Form I-9 instructions provide a list of acceptable documentation that employees may use to satisfy the I-9 requirements.

It should be noted that there are numerous documents that may be used to establish employment eligibility. Employers should be familiar with these documents and how they impact the employer’s ongoing requirement to maintain I-9 records. Employers should not request additional documents other than what is necessary to meet the basic I-9 requirements lest they face claims of national origin discrimination. Hiring workers who aren’t legally able to work in the U.S. can also have serious repercussions for an employer. Employers may face civil or criminal fines and penalties if they violate immigration hiring requirements in any way.

Navigating immigration law is a complex undertaking. We always recommend that our clients have immigration hiring policies in place and evaluate them periodically to ensure they offer full compliance with current immigration laws. A strong, uniform policy creates consistent corporate hiring practices and helps protect the employer from immigration-related hiring issues. Employers should always consult with a qualified immigration attorney when implementing I-9 verification and record retention policies.

Timothy L. Finkenbinder
Attorney at Law
Overstreet Law P.A.

Download the PDF – Osceola News Gazette

/by

Who Qualifies For The E-2 Investor Visa?

The E-2 visa is a temporary work visa that allows businesspeople from certain countries with which the U.S. has entered into treaties to work in the U.S. Like all visas, applicants must meet certain requirements in order to qualify.

Qualifications For An E-2 Treaty Investor Visa

There are six requirements for the E-2 visa:

  1. The applicant must be a citizen of a country that has a relevant treaty with the United States. Treaty status can be verified by consulting the U.S. State Department website, here.
  2. The applicant must be coming to work at a company that he/she owns or the company must be at least 50% owned by other nationals of the country of origin.
  3. The applicant must be either the owner or a key employee of the U.S. business and can only work for that company while in the U.S.
  4. The applicant or the company must have made a substantial investment in the U.S. business. There isn’t a required minimum investment to meet the threshold of “substantial”, but the USCIS considers it to be: “the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit.”
  5. The company must be actively engaged in commercial activities that grow the business. It cannot be solely a means to support the investor since the underlying goal of the treaty investor visa is to create jobs for U.S. workers.
  6. The applicant must intend to leave the U.S. when his or her business in the U.S. is completed and may be asked to provide such evidence to the U.S. consulate evidence.

Arrange A Consultation With An Immigration Attorney For E-2 Visa Advice

The E-2 visa is a very popular visa option but it is not the only option available. If the E-2 qualifications do not apply to you, contact one of the immigration attorneys at Overstreet Law, P.A. in Kissimmee, FL for an analysis of your situation and help finding the right visa option for your needs.

If you do qualify and want to purse an E-2 visa, our attorneys can guide you through the application process and help you navigate the rules and requirements of the USCIS and U.S. State Department.

Contact our team at 407.847.5151 to arrange a consultation.

/by