Wednesday, July 6, 2022

Immigration Newsletters

Employment-Based Visas – Labor Certification – Procedure before Board of Alien Labor Certification Appeals

An employer who wishes to hire alien labor to fill a position must obtain a labor certification. A labor certification ensures that the employment of aliens will not adversely affect the United States labor market and that sufficient U.S. workers are not available to fill the position the employer is offering.

Haitian Refugee Immigration Fairness Act

The Haitian Refugee Immigration Fairness Act (HRIFA) was enacted in 1998. It provides special procedures by which qualifying Haitian nationals can become lawful permanent residents (LPRs) of the United States. Basically, HRIFA allows the qualifying Haitian nationals who are in the United States to apply for an adjustment of their status (which may be illegal or temporary) to that of an LPR. The procedures are streamlined and do not require the aliens to apply for immigrant visas from the U.S. embassy in Haiti.

Visa Types – Lawful Permanent Resident Spouse And Child – V-1, V-2, V-3

In addition to eligibility for a permanent visa under the family second preference, the alien spouse and children of a permanent U.S. resident are eligible for nonimmigrant visas, designated V-1, V-2, and V-3 visas. The V series is designed to allow qualifying aliens to wait in the U.S. for their permanent immigrant visas to be issued. Aliens applying for V visas must have petitions for immigrant visas pending.

Visa Types – NATO Aliens – NATO

Representatives to the North Atlantic Treaty Organization (NATO) are eligible to travel to the United States as nonimmigrants under a separate agreement made between NATO member countries to govern the status of their forces (Status of Forces Agreement).

Visa Types – Victims of Trafficking in Persons, T Visas

Under the Victims of Trafficking and Violence Protection Act of 2000, the United States adopted a new visa type for aliens who have been victims of severe forms of trafficking in persons, the “T” visa. The T visa allows qualifying victims and, sometimes, their immediate family members, to travel to the U.S. temporarily to live and work.

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Anne Beles - State Certified Criminal Law Specialist
Paul McCarthy - State Certified Appellate Law Specialist
Manisha Daryani - State Certified Appellate Law Specialist
Emilio Parker - State Certified Immigration Law Specialist
California Board of Legal Specialization

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