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Contents
1 2012 5
1.1 February . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
About (2012-02-01 08:58) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Information about Nonimmigrant Visa Processing at Consulate (2012-02-01 09:33) . . . . . 7
1.2 July . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Basic Information About The B Category Visa To USA (2012-07-13 08:10) . . . . . . . . . 9
1.3 November . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Basic Information About The F Category Visa To USA (2012-11-12 08:29) . . . . . . . . . 11
F-1 Visa Category: Employment Option For Students (2012-11-27 10:00) . . . . . . . . . . 15
1.4 December . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
How to get a Practical Training For USA Student Visa? (2012-12-24 10:30) . . . . . . . . . 21
Basic Information About The J-1 Category Visa To USA (2012-12-29 10:24) . . . . . . . . 28
2 2013 33
2.1 January . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Basic Requirements For Obtaining J-1 Status (2013-01-14 11:21) . . . . . . . . . . . . . . . 33
Basic Information About The H-2B Category Visa To USA (2013-01-16 06:07) . . . . . . . 36
Basic Requirements For Obtaining H-2B Status (2013-01-24 08:49) . . . . . . . . . . . . . . 41
Basic Information About The E Category Visa To USA (2013-01-26 07:18) . . . . . . . . . 45
2.2 February . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Basic Information About the O Visa Category (2013-02-09 09:16) . . . . . . . . . . . . . . . 48
Basic Requirements for Obtaining O-1 and O-2 Status (2013-02-20 09:41) . . . . . . . . . . 50
Basic Information about the P Visa Category (2013-02-25 10:22) . . . . . . . . . . . . . . . 53
2.3 March . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Basic Information about the L Category (2013-03-07 07:04) . . . . . . . . . . . . . . . . . . 56
Basic Information about the TN Visa Category (2013-03-18 08:19) . . . . . . . . . . . . . . 58
Basic Requirements for Obtaining TN Classication (2013-03-22 08:32) . . . . . . . . . . . 61
2.4 April . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
3
Basic Requirements for Obtaining P-1 Status (2013-04-04 06:53) . . . . . . . . . . . . . . . 63
Basic Requirements For Obtaining L-1 Status (2013-04-15 10:06) . . . . . . . . . . . . . . . 65
What is the Procedure for obtaining L-1 Visa Status? (2013-04-26 09:03) . . . . . . . . . . 68
2.5 May . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
What is the Procedure for Canadian TN Professionals? (2013-05-03 11:12) . . . . . . . . . 70
How to change of Status to the J-1 Category? (2013-05-13 10:10) . . . . . . . . . . . . . . . 72
2.6 June . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Basic Information about Immigration Based on a Family Relationship (2013-06-28 07:24) . 75
2.7 July . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Requirement for Permanent Residence based on a Family Relationship (2013-07-19 08:56) . 78
2.8 August . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Information of Close Family Members of Citizens or Permanent Resident (2013-08-31 04:41) 81
2.9 October . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
VA Bankruptcy Lawyer: How To Hire Bankruptcy Attorney (2013-10-08 11:05) . . . . . . . 84
2.10 November . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
How to hire USA Investor Visa Attorney? (2013-11-06 08:36) . . . . . . . . . . . . . . . . . 87
2.11 December . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
How to Hire a Family Law Attorney? (2013-12-16 07:00) . . . . . . . . . . . . . . . . . . . 89
3 2014 93
3.1 January . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
EB-5 Investor Visa (2014-01-06 06:04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Why Choose Wani & Associates for your Bankruptcy Case (2014-01-21 11:25) . . . . . . . . 96
3.2 February . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Essentials for Filing Bankruptcy (2014-02-08 07:01) . . . . . . . . . . . . . . . . . . . . . . 100
3.3 March . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Why should you Hire an Immigration Attorney? (2014-03-29 12:32) . . . . . . . . . . . . . 102
3.4 April . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
DIP (DebtorIn-Possession) Financing (2014-04-25 10:45) . . . . . . . . . . . . . . . . . . . 104
3.5 May . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
How to get a small business loan after Bankruptcy? (2014-05-30 11:28) . . . . . . . . . . . 105
4
Chapter 1
2012
1.1 February
About (2012-02-01 08:58)
Immigration | Bankruptcy | Personal Injury | Criminal Defense | Family Law |Attorneys at Wani and Asso-
ciates
Mumtaz A. Wani is licensed to practice law in Commonwealth of Virginia, State of Maryland and Courts
in India. Mr. Wani s practice concentrates on Immigration Law, Family Law, Personal injury, Bankruptcy,
International Trade and Corporate Law. Mr. Wani has represented Domestic and International Companies
in Commercial Disputes. With over 27 years of legal experience, Mr. Wani has represented hundreds of
International clients as well as Northern Virginia, Maryland, and Washington DC metropolitan area residents
in complex legal areas to maximize their opportunities in the elds of immigration law, family law, and
corporate law, while minimizing their risks. Mr. Wani is a graduate of the George Washington University
School of Law. He is an member of the Virginia Bar association, Maryland Bar Association, New Delhi Bar
Council, International Bar Association. He has over 27 years of legal experience. Mr. Wani s advice on legal
matters is solicited on regular basis on TV and Radio programs. He also publishes his legal advice in local
journals and newspapers.
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Languages spoken: English, Spanish, Urdu, Hindi
Immigration
A United States Permanent Resident Card, also known as a Green card, is an identication card attesting
to the permanent resident status of an alien in the United States of America. Green card also refers to an
immigration process of becoming a permanent resident. The green card serves as proof that its holder, a
Lawful Permanent Resident (LPR), has been ocially granted immigration benets, which include permission
to reside and take employment in the USA. The holder must maintain permanent resident status, and can be
removed from the US if certain conditions of this status are not met.
Green cards were formerly issued by the Immigration and Naturalization Service (INS). That agency has
been absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS), part of the
Department of Homeland Security (DHS). Shortly after re-organization BCIS was renamed to U.S. Citizenship
and Immigration Services (USCIS).
An alien with a green card application can obtain two important permits while the case is pending. The rst
is a temporary work permit known as the Employment Authorization Document (EAD), which allows the
alien to take employment in the United States. The second is a temporary travel document, advance parole,
which allows the alien to re-enter the United States.
Types of Immigration U. S.
Immigration legislation in the Immigration and Nationality Act (INA) stipulates that an alien may ob-
tain permanent resident status only through the course of the following proceedings:
"Immigration through a family member
"Immigration through employment
"Immigration through investment
"Immigration through the Diversity Lottery
"Immigration through The Registry provisions of the Immigration and Nationality Act
6
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A fascinating discussion is worth comment. I think that you should publish more on this topic, it might not be a
taboo matter but usually folks dont talk about these topics. To the next! Many thanks!!
Information about Nonimmigrant Visa Processing at Consulate (2012-02-01 09:33)
[1] Before a foreign visitor can enter the U.S.A. in a [2]nonimmigrant status, he
or she must obtain a visa from a U.S. consulate located outside the [3]United States. This rule applies to
all foreign nationals except Canadians and a few others groups. This exemption covers Canadian citizens
only (an identical exemption covering Canadian landed immigrants was recently revoked as discussed below).
A Canadian citizen does not obtain a visa, but rather presents himself or herself to the[4] immigration
ocer at the border (either a land crossing point or an international airport). At the border, the Canadian
nonimmigrant documents that he or she is eligible for admission to the U.S. as a nonimmigrant by presenting
to the [5]immigration ocer the same type of documentation as other nationals do to U.S. consulates. The
one exception to this procedure relates to Canadian nationals seeking E status under the North American
Free Trade Agreement (NAFTA) who must apply for an E visa at the U.S. consulate in Canada.
Another class of nonimmigrant exempted from the visa requirement includes nationals of selected coun-
tries participating in the [6]Visa Waiver Program (VWP). This special program permits the arrival of aliens
without a visa of they are citizens of certain designated countries visiting the United States in the B category
(for tourists and short-term business visitors). The program was established for nationals of countries with
good track records of tourists and business persons who abide by the terms of their admission to the
United States and do not work or overstay their visits. Citizens of 27 countries have been included in
the program Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland,
Ireland, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San
Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Periods of stay are
limited to 90 days, and other limitations apply as well; if the foreign national s plans can be tted within
90-day limit and other restrictions, however, the convenience and time-savings of avoiding obtaining a B
visa at the U.S. consulate can be a signicant advantage.In January 2003, the [7]Immigration Service and
State Department issued rules that require landed immigrants of Canada from the British Commonwealth
countries to obtain nonimmigrant visas in order to enter the United States. The new regulations took eect
7
on March 17, 2003. The rules provide that permanent residents of Canada (commonly referred to as landed
immigrants) having a common nationality with Canadian nationals or residents of Bermuda who share a
common nationality with British subjects in Bermuda mist present a valid [8]passport and visa when applying
for admission to the United States. Nationals of Ireland and British Commonwealth countries, who reside in
Canada, will be aected by this change. Permanent residents of Canada or Bermuda who are nationals of a
designated visa waiver program (VWP) country who present a valid passport may still be admitted under
the VWP. The rule will not alter existing waivers of passport or visa requirements for Canadian citizens of
for citizens of Bermuda, now referred to as Citizens of the Overseas Territory of Bermuda. Nationals of 54
countries who reside in Canada or Bermuda have beneted from the waiver and these individuals will now
need to obtain [9]nonimmigrant visas to enter the United States, unless they are entering for less than 90
days as short-term visitors for business or pleasure and are eligible to enter under the Visa Waiver Program.
In light of the new policy, the U.S. Embassy in Canada has outlined visa procedures for Canadian landed
immigrants who are aected by the new policy.
Application process
[10]Foreign nationals seeking nonimmigrant visas must le an application at a U.S. consular post abroad.
The application package consists of Form DS- 156, or DS-160 (Electronic ling) Special Supplements (eld in
particular cases), the [11] applicants passport and photograph, [12]applica-
tion fees (based on reciprocity), fee for issuance of machine readable visa, evidence of approval of petition
or certication from sponsoring institution (when required) , and supporting documentation establishing
eligibility for type of visa sought.
State Department rules provide that a nonimmigrant visa application can be made at any visa-issuing
[13]U.S. consulate, not just a consulate in the aliens home country. In practice, however, aliens who are
nationals of countries with a high rate of visa refusals and overstays may nd it dicult to have a visa issued
at consulates in third countries. In addition, certain[14] nonimmigrant visa applicants are required by law to
submit their applications at a consulate located in the country of the aliens nationality. The requirements
is applicable to an applicant who was issued a nonimmigrant visa in the past, was admitted on the basis
of that nonimmigrant visa, and remained in the United States beyond the period of stay authorized by
the USCIS. Absent extraordinary circumstances the applicant is not eligible for further nonimmigrant visa
issuance except in the country of the aliens nationality. Applications for E visas eld by third country of the
also unlikely to be adjudicated. The reasons for this is that E visa applications present complex issues that
often are best examined by the consulate located in the aliens home country.The individual visa application
must be submitted according to the posts established procedures, e.g., via mail, in person, via courier, etc.
Once a visa application has been eld, the consular ocer will review the application and the supporting
documentation to determine the aliens eligibility for the nonimmigrant visa sought. The next step is the
visa interview with the visa applicant (unless the requirement is waived). The consular ocial will also
run security checks on the applicant through government database. It should be noted that a number of
new State Department Security procedures have been established in recent years. Foreign nationals may
nd themselves subject to additional security clearances, lengthier and more frequent personal interviews
at consulates or embassies, biometrics collection, and additional documentary requirements. Since stang
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has not increased, the wait to get a visa issued has grown as a result of these new procedures. If the ocer
can make a determination on the[15] visa application based on the papers submitted and the interview, it
is possible that the visa can be issued the same day as the interview (provided all security clearances have
been completed by the date of the interview). If more information is requested by the ocer or the security
clearances have not been completed, the applicant will have to return, either for another interview or to have
the visa issued. While the nonimmigrant visa has traditionally taken the form of a visa stamp placed in the
aliens passport all consulates now issue machine-readable visas. The number of entries and the period of
validity of the visa depend on the visa category and the visa applicants nationality, as the maximum period
of validity and numbers of entries are set on the basis of reciprocity between the U.S. and the foreign state.
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1.2 July
Basic Information About The B Category Visa To USA (2012-07-13 08:10)
B Category Nonimmigrant Visa Process.
1. General Requirements
The B nonimmigrant [1]visa category covers alien visitors for business (B-1) and pleasure (B-2).Sec
101(a)(15)(B) of the Act, 8 U.S.C.A. Sec 1101(a)(15)(B). By far the vast majority of aliens who enter the
[2]United States each year do so as nonimmigrant visitors in the B visa category. Generally, stays in the
United States in this category are brief, and involve such activities as touring, visiting family members,
obtaining health care, or conducting business on behalf of an overseas employer. The trips are temporary
and cannot involve employment in the United States or the undertaking of an [3]academic study program.
2. Duration of Stay
While most stays in the U.S. in the B visa category are short, it is possible under current B rules
to obtain a period of admission of one year on initial entry to this country. In addition, extensions of stay
can be granted for no more than six months at a time.
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A [4]business visitor (B-1) will be granted only a period of entry necessary to conduct his or her
business. Most such visits are approved for less than three months, and only in unusual circumstances would
a stay of more than six months be granted. [5]Tourists in the B-2 category are automatically given a period
of entry of six months, even if the visitor intends to remain only for a shorter period. A longer period than
six months can be granted, but only under unusual circumstances, while a border agent can give less than six
months only for good cause, and only when approved by a higher-level ocial.
Admissions under visa waiver programs: Aliens admitted to the United States as part of the Visa
Waiver Program (VWP) or the Guam [6]Visa Waiver Program have dierent rules applicable to them
regarding duration of stay and extension of stay.
3. Application Process
Unlike many other [7]nonimmigrant categories, the B visa category requires application only to the
U.S. consulate; no special permission needs to be obtained from the Immigration Service in the U.S. before a
visa is issued. The [8]visa application process is straightforward and for many foreign nationals, particularly
from Europe, the visa can be issued for a period of validity upto 10 years and for an unlimited number of
enteries. To addition, a visa waiver program has been put into eect for visitors from 27 countries.
4. Special Conditions
The key [9]condition of the B category is that the alien cannot engage in gain-full employment (la-
bor for hire) in the U.S. The crucial factor is: Will the alien be paid a salary from a U.S. employer or
otherwise engage in activity here that results in payment to the alien of a fee for [10]services rendered? Gray
areas on this point can become a problem for some business visitors in the B-1 category.
5. Family Members
Unlike most other nonimmigrant categories, no derivative status is provided to family members of
principal B nonimmigrants. As a result, family members must independently qualify for[11] B status. For
example, a spouse of a B-1 business visitor may be able to qualify for B-2 status if accompanying or following
to join the B-1 spouse. The B-2 category has been utilized for family members of [12]nonimmigrants in other
categories who do not themselves qualify for derivative status provided all standards for B-2 classication are
satised.
6. Visa Waiver Program
Nationals (i.e., citizens) of 27 countries do not need to obtain B visas for business or tourist visits
to the United States of 90 days or less, provided certain conditions are met. The countries are Andorra,
Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan,
Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore,
Slovenia, Spain, Sweden, Switzerland, and the United Kingdom (note that, under a dierent rule), visas are
not required for Canadian citizens, some Canadian permanent residents. The advantages of avoiding the
[13]visa-issuance process are many, including savings in time and the convenience of travelling on short notice.
The limitations placed on persons who participate in the visa waiver program (VWP) should be carefully
noted, however, because some of the limitations may make its use inappropriate for a particular national.
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1.3 November
Basic Information About The F Category Visa To USA (2012-11-12 08:29)
F Category Nonimmigrant Visa Process:[1]
Foreign nationals may enter the United States as nonimmigrant in order to engage in [2]academic
studies in this country, subject to certain restrictions. These students, who can range from elementary school
students to doctoral candidates and persons engaged in postdoctoral studies, are classied in the [3]F visa
category. Sec 101(a) (15) (F) of the INA, 8 U.S.C.A. Sec 1101(a) (15) (F).
Students in vocational or nonacademic programs at one time were included in the F category, but
since 1982 have been admitted only in the [4]M visa category. This category, with much greater limitations
than are placed on the F category, is not discussed here. Students in academic programs can also be admitted
11
to the U.S. in the J visa category for exchange visitors, if the school sponsors an exchange visitor program
recognized by the U.S. Department of State. Many schools have such programs. The [5]J visa category
has a major disadvantage for some students: if the program is funded in whole or in part by the students
government or the U.S. government, the student may be subject to a requirement that he or she return to
his or her home country for two years before being permitted to return permanently to the United States or
to return temporarily to work in the H or L [6]nonimmigrant categories.
As long as F-1 students are bonade nonimmigrants, they can pursue their academic goals in the
U.S. without regard to the availability of similar training in their own country, and can remain here for many
years in order to complete a full academic program. They may even engage in a specic period of practical
training after completion of their studies as long as the training would not be available in their own country.
2. Duration of Stay
Unlike most other nonimmigrant who are given a denite period of stay in the United States, for-
eign students are permitted to remain in the U.S. for the [7]duration of status. Duration of status means
that a student remains in valid status during enrollment in any number of academic programs (e.g., high
school followed by college followed by masters degree), plus any periods of authorized practical training, and
a 60-day grace period to depart the U.S.
Several years ago, the [8]Immigration Service adopted rules that eliminated completely the exten-
sion of stay application for foreign students. Under the rules, the student remains in valid status as long as
he or she has not exceeded the estimated program completion date inserted by the designated school ocial
on the students Form I-20; that date, in turn, can be an estimate based on the time an average foreign
student would need to complete a similar program in the same discipline, and can include a grace period of
up to one year. If a student completes the program by the estimated completion date, he or she can advance
to the next academic level without requesting an extension from the USCIS, and remain in statement of
[9]student status.
Reinstatement requires that the student show that the violation of status was due to circumstances
beyond the students control or that the student would suer extreme hardship if he or she is not reinstated.
The foreign national seeking to enter the United States to study does not need any advance per-
mission from the Immigration Service. The student must obtain a certicate of eligibility (Form I-20)
from the academic institution at which he or she will enroll, and submit this certicate, together with a
[10]nonimmigrant visa application and supporting documentation, to a U.S. consulate in the aliens home
country. Once the visa is issued, the student can apply at the border for admission to the U.S., the same
as any nonimmigrant. A prospective student already in the U.S. in a dierent nonimmigrant status may
apply to the USCIS to change to student status to undertake studies here. Such changes are often viewed
skeptically by[11] immigration ocers, however, based on their suspicion that the alien intended to engage in
studies when he or she entered the U.S. in the dierent category.
Foreign students must be enrolled in a full course of study, not part-time studies (although a lim-
ited exception exists for certain border commuter students). They must also demonstrate prior to the
granting of a [12]visa that they have sucient means of support to cover them through their full academic
program. Authorization to work because of nancial need is granted to students in only the most limited
12
circumstances. Other limited employment opportunities are also available to students. Although the spouses
and family members of students may enter the U.S. with the principal student in the [13]F-2 visa category,
under no circumstances may they be granted permission to work. Unlike some students who enter in
an exchange-visitor program sponsored by their school (J-1 status), F-1 students are not subject to any
[14]special requirement to return to their home countries for two years prior to accepting employment here as
a nonimmigrant or prior to immigrating.
IIRIRA imposes special restrictions on the granting of F-1 status to attend public schools. Note
the following:
An alien cannot be granted F-1 status in order to pursue a course of [15]study at a public elementary
school or in a publicly funded adult education program.
An alien cannot be granted F-1 status to attend a public secondary school unless the alien reimburses
the school for the full, unsubsidized per capita cost of his or her education, and the alien intends to
remains at the school in such [16]status for no more than a year.
An alien who obtains an[17] F-1 visa to attend a private elementary school, or a language training
program that is not publicly funded, may not transfer into a publicly funded elementary school, a
publicly funded adult education program, or a publicly funded adult education language training
program.
An alien who obtains an F-1 visa to attend a private secondary school may not transfer into a publicly
funded secondary school unless the alien intends to remain at the school in such status for no more
than a year, and the alien reimburses the school for the full, unsubsidized per capita cost of his or her
education.
A [18]student who obtained F-1 status to attend a private school and transfers into a public school or a
publicly funded adult education program as prohibited by the new law is considered to be in violation of
status and is therefore subject to removal. In addition, such an alien is inadmissible until he or she has
remained outside of the United States for a continuous period of live years. These changes went into eect
on November 30, 1996.
5. Family Members of the F-1 Student
Family members of the foreign students may enter the U.S. in the [19]F-2 visa category. Eligible fam-
ily members include the spouse and minor children of the F-1 student. A minor is a person under 21 years of
age. Keep in mind that each family member must present a Certicate of Eligibility issued in his or her own
name under [20]new rules issued in December 2002. A new form is required for a dependent when there has
been any substantive change in the F-1 students current information.
Although the spouses and family members of students may enter the U.S. with the principal student
in the [21]F-2 visa category, under no circumstances may they be granted permission to work. The F-2 spouse
may not engage in full-time study, and the F-2 child may only engage in full time study if the student is in
an elementary or secondary school. [22]
The spouse may engage in study that is a vocational or recreational in nature. A failure to abide by these
restrictions may result in a nding of a violation of status and may lead to the dependents removal.
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14
F-1 Visa Category: Employment Option For Students (2012-11-27 10:00)
Student Visa Employment Information For F-1 Visa:[1]
Generally
While, for the most part, students may not engage in employment in the United States, in some instances
employment is permissible or can be authorized. [2]Students may engage in periods of pre-graduation practical
training or practical training upon completion of their educational programs, as long as the training in their
eld of study. During a students [3]academic program, he or she may be authorized by the USCIS to [4]work
o-campus because of unforeseen economic necessity.
Students may also engage in some types of on-campus and work/study employment, and may do so without
explicit authorization from the USCIS. Likewise, o-campus employment that is a part of a fellowship,
scholarship, or assistant-ship grant or postdoctoral research for which the student is paid by the school is
appropriate without USCIS authorization. Without an explicit [5]employment authorization document from
the USCIS, many employers unfamiliar with the rules on employment authorization may be reluctant to hire
these students. Designated school ocials provide students with documentation in these cases: notations on
the students Form I-20 and letters to employers verifying the [6]students employment eligibility.
On-campus and work/study (curricular) employment permissible without explicit USCIS au-
thorization:
(A). On-campus employment
Two types of [7]on-campus employment are permissible for students without any type of authorization
from the USCIS:
1. On-campus employment that will not displace a [8]U.S. resident
2. On-campus employment pursuant to the terms of a scholarship, fellowship, assistantship, or postdoctoral
appointment
In either case, the student must he pursuing a full course of study, hut can work full-time during vacation
or recess periods, as long as the student will be [9]registered for the coming term. Once the students
educational program is completed, he or she is not entitled to engage in on-campus employment without
authorization and can only work pursuant to a period of authorized practical training.
With regard to employment that will not displace a [10]U.S. worker, the judgment on this issue is
basically left to the school, although the USCIS would be extremely sensitive to complaints, for example
15
from a labor union, that foreign students were being used in a position that is displacing U.S. workers.
The on-campus employment can be for a commercial rm providing on-campus services for [11]students,
such as in the school bookstore or cafeteria. On-campus employment cannot exceed 20 hours a week,
except during holidays and recesses.
With regard to employment pursuant to the terms of a scholarship, fellowship, or assistantship, the
employment is considered to be a part of the students academic program, as is a postdoctoral research
appointment. This [12]work is considered to be on-campus even if it is performed in a location not on
the schools premises, as long as the location is educationally aliated to the school. Like other types
of on-campus employment, however, such employment cannot exceed 20 hours & week while school is
in session.
On-campus employment may include employment at o-campus locations that are educationally aliated
with the established curriculum and contract-based educational a nations. The [13]provision enables
graduate students to conduct research under the supervision of a professor who has a contract-based
research grant which is not payable through the educational institution.
Note two additional points regarding on-campus employment:
In the case of a transfer, the student may only engage in on-campus employment at the school having
jurisdiction over the students SEVIS record (the transfer school has jurisdiction over the [14]students
SEVIS record on the release date specied by the current school).
Upon initial entry in F-1 status to begin a new course of [15]study, the student may not begin on-campus
employment more than 30 days prior to the actual start of classes.
(B). Curricular Practical Training
Some schools have alternate work/study courses as a part of the regular curriculum, either for all stu-
dents or for students in particular programs of study. A student may engage in o-campus employment that
is required by a work/study or [16]cooperative education program in which the student is enrolled, and may
do so without obtaining explicit USCIS authorization.
In addition, the Immigration Service has identied two other situations which will be con-
sidered curricular practical training:
The student is given course credit for the employment, even when the course is an elective in the
students program, e.g. two credits for summer employment in the students major eld. The course
must be described in the schools catalog with course objectives clearly dened, and must be a regular
part of the [17]curriculum, with a faculty member assigned to oversee the course.
The student is not given credit for the employment, but the internship or practicum is a mandatory
requirement for graduation. Again, the requirement should be included in the schools catalog. This
provision permits F-1 students to participate in educational programs, such as hotel management,
nursing, [18]law, engineering, and teaching, which routinely require their students to undertake noncredit
internships.
Some schools with long-standing relationships with particular employers have established programs
under which the schools students may be hired for course credit by the employer. Other schools have
established course requirements for internships to meet the [19]Service guidelines.
16
Students who receive one year or more of full-time curricular practical training curricular employment
is barred for foreign students during their rst academic year in [20]student status, even if such early
curricular employment is normally required at the students school.
A student may be authorized 12 months of practical training, and becomes eligible for another 12
months of [21]practical training when he or she changes to a higher educational level.
As noted, the student does not need USCIS approval to engage in curricular practical training. Instead,
a request for authorization for curricular practical training must be made to the designated school ocial.
Finally, the DSO must sign, date, and return the SEVIS Form I-20 to the student prior to the students
commencement of employment. Keep in mind that Form I-538 is no longer required in these cases under new
rules issued in December 2002 because notice to the [22]Immigration Service is accomplished through SEVIS.
O- campus employment authorized by the USCIS because of unforeseen economic neces-
sity.
For a student to be eligible for employment authorization because of unforeseen economic necessity, the
following requirements must be met:
1. The student must show that he or she needs to work because of [23]severe economic hardship caused
by unforeseen circumstances beyond the students control. The rules highlight the following unforeseen
circumstances:
Loss of nancial aid or [24]on-campus employment without fault on the part of the student.
Substantial uctuations in the value of currency or exchange rate.
Inordinate increases in tuition or living costs.
Unexpected changes in the [25]Financial condition of the students source of support.
Medical bills or other substantial and unexpected expenses.
The student must show that suitable on-campus employment is unavailable.
2. The student must have completed one full academic year in [26]F-1 status.
3. The student must be in good academic standing as determined by his or her designated school o-
cial and must be carrying a full course of study.
4. The student has demonstrated that acceptance of employment will not interfere with the students
carrying a full course of study.
5. The student must obtain a recommendation from the designated school ocial in favor of work au-
thorization.
6. The student must obtain an employment authorization [27]document from the USCIS.
7. The student may work no more than 20 hours per week when school is in session (full-time work is
permissible during vacation period).
17
8. The [28]employment authorization is automatically terminated whenever the student fails to main-
tain status.
(A). Procedures to obtain work authorization because of unforeseen economic necessity:
The rules set out the following procedural steps for a [29]foreign student to obtain employment autho-
rization based on unexpected nancial problems:
The student must request a recommendation from the DSO for o-campus employment.
The designated school ocial evaluates the request and makes a recommendation on it; actual em-
ployment authorization must be applied for with the USCIS based on the designated school ocials
recommendation. The designated school ocial evaluates the request to determine if
The student has been in [30]F-1 status for one full academic year.
The student is in good standing and is carrying a full course of study, as dened by the rules.
The student has demonstrated that acceptance of employment will not interfere with the students
carrying a full course of [31]study.
The student has demonstrated that the employment is necessary to avoid severe economic hardship
caused by unforeseen circumstances beyond the students control.
The student has demonstrated that on-campus employment is unavailable or otherwise insucient to
meet the unforeseen circumstances.
1. The designated school ocial completes the certication in [32]SEVIS. Form I-538 is no longer required
in these cases under the SEVIS rule issued in December 2002. The DSO endorses Form I-20 with the
recommendation and returns it to the student.
2. The student applies for employment authorization by mailing the application to the USCIS service
center with jurisdiction over his or her place of residence. Because the application must be mailed to the
service center, it must include photos, which will be included on the employment authorization document
(EAD) issued to the student. Therefore, the [33]checklist for the EAD application for students seeking
authorization based on unforeseen economic necessity includes:
[34]Form I-765
Form I-20, with the employment page demonstrating the DSOs comments and certication
Supporting documentation, including [35]adavits regarding the severe economic necessity requiring
employment
Copy of Form I-94 (front and back)
Copy of the front and back of any previously issued Employment Authorization Document (EAD)
Two (2) photographs full-face, passport-style, the same type used for an adjustment application.
Filing of $175 payable by check or money order to the [36]Department of Homeland Security.
18
3. As an alternative to ling by mail, applicants are now able to electronically complete and submit Form
I-765 and the related links fee through links on the USCIS homepage (http://www.uscis.gov). When
completing the application electronically, users should note that an e-ling session wills timeout after 15
minutes of inactivity. Therefore, it is recommended that users have relevant information at hand when they
complete the [37]application, including the following:
Bank account information
A number (if applicable)
Form I-94 number (if applicable)
Most recent dates of entry and port of entry into the [38]United States.
4. The student may commence employment once the RAD has been issued; the student may not commence
employment until the USCIS issues an EDD to the student.
5. The EAD may be accepted by the employer for employment eligibility verication on Form I-9.
(B). Procedure to obtain renewal of authorization because of unforeseen economic necessity:
Employment authorization based on unforeseen economic necessity may he granted in one-year intervals up
to the expected date of completion of the students course of study. To renew the employment authorization,
the student must submit the following to the [39]USCIS service center with jurisdiction over his her place of
residence:
Form I-765
Form I-20, with the designated school ocials endorsement recommending employment
Copy of Form I-94 (front and back)
Copy of the front and back of the previously issued Employment Authorization Document (FAD)
Two (2) photographs (full-face, passport-style, the same type used for the adjustment application,
Filing fee of $175 payable by check or money order to the Department of Homeland Security
The [40]students I-20 should be endorsed to reect that the student is maintaining status and is in good
academic standing. There is no provision for back-dating a new RAD to the expiration date of a prior EAD.
As a result, F-1 students must ensure that they apply for replacement EADs suciently in advance of the
expiration date contained in any current EAD to avoid a lapse in [41]employment authorization.
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1.4 December
How to get a Practical Training For USA Student Visa? (2012-12-24 10:30)
Curricular And Optional Practical Training For F-1 Students:[1]
Generally
Foreign students who enter the U.S. as [2]bonade students qualied to pursue a full course of study
may undertake [3]practical training. A period of practical training must serve a legitimate purpose. For
example, it cannot be used by a U.S. employer to train a foreign national for a permanent position in the
United States. It can be used, however, to train a recent graduate for placement with a company oce
abroad, as a trial period to assess the aliens skills, or for any reason other than [4]permanent placement in
the U.S.
There are two types of permissible pre-graduation practical training directly related to the students major
area of [5]study, and two types of permissible post graduation practical training:
Pre-Graduation Practical Training is Permissible-
During the[6] students annual vacation and at other times when school is not in session, if the student
is attending a college, university, seminary, or conservatory and is eligible to register for the next term
or semester (and intends to do so), or
21
During the school year, provided that [7]employment does not exceed 20 hours per week while school is
in session.
Post Completion Practical Training is Permissible-
When the student is in a bachelors, masters, or doctoral program and has completed all [8] course
requirements for the degree (excluding a thesis or its equivalent), or
When the student has completed his or her course of study.
Collectively, these forms of practical training are referred to as optional practical training. All [9]optional
practical training must be completed within a 14-month period following the completion of study. Optional
practical training is additional to [10]curricular practical training available to foreign students attending
schools oering such curricular programs.
Key Features of Optional Practical Training
Note the following key features of the optional practical training work program:
A student is eligible for optional practical training for a total period of 12 months per educational level.
Time spent in [11]pre-graduation practical training is subtracted from the overall 12-month ceiling
on all optional practical training, and therefore may limit the availability to the student of further
pre-graduation practical training or post graduation practical training.
A student becomes eligible for another 12 months of practical training when he or she changes to a
[12]higher educational level. For example, a student may request 12 months of practical training after
completion of a bachelors degree and another 12 months after completion of a Ph. D. degree.
If a student leaves the [13]United States for more than ve months before returning and resumes studies
here in a new course of study in [14]F-1 status, he or she is considered to be undertaking a new period
of stay, and is eligible for an entirely new 12-month period of optional practical training.
If the student departs for a shorter period, however, no additional period of practical training is accorded
to the student.
A [15]student may not participate in any optional practical training if he or she has spent 12 months or
more working full-time in a curricular practical training program, If the student has taken less than 12
months of full-time curricular practical training, however, the student is eligible for the full one-year
period of [16]optional practical training.
Time spent in curricular practical training is not subtracted from the overall 12-month ceiling on
optional practical training.
Students in language training programs are not [17]authorized to receive optional practical training.
The practical training must be in a position that is directly related to the students major area of study.
A student must have been in F-1 status for at least one full [18]academic
With regard to post completion practical training, continued enrollment, for the schools [19]administrative
purposes, after all requirements for the degree have been met this does not preclude eligibility for optional
practical completion of all course requirements for the degree or prior to the completion of the course of study.
22
The student may not begin optional practical training until the date indicated on his or her [20]employ-
ment authorization document.
A student may submit an [21]application for authorization to engage in optional practical training up
to 90 days prior to being enrolled for one full academic year, provided that the period of employment
will not begin until after the completion of the full academic year as indicated by the DSO.
Authorization to engage in optional practical training employment is automatically terminated when
the [22]student transfers to another school or begins study at another educational level.
While engaging in full-time [23]post graduation practical training, a student may attend school part-time.
On the other hand, a student may not engage in part-time practical training after completion of studies
and attend school part-time, because maintenance of [24]student status is contingent on pursuing a full
course of study or engaging in full-time practical training.
For the same reason, a student cannot engage in full-time post graduation practical training while also
attending school full-time.
The [25]Service does not allow recapture of unused periods of optional practical training once employment
begins.
Procedures to Obtain Optional Practical Training
The [26]USCIS rules set out the following procedural steps for a foreign student to obtain optional practical
training:
The student must request a recommendation from the DSO for practical training.
A student may request optional practical training up to 90 days prior to completing one full [27]academic
year, provided that the period of employment will not begin until after the completion of the full academic
year as indicated by the DSO.
Permitting students to apply for practical training well before completing one full academic year is
important because pre graduation practical training is usually short in duration (three months or less)
and a student may not engage in practical training until an EDD is issued.
The [28]USCIS service center may take 90 days to issue an EDD. Allowing students to make an early
application should help to avoid any problems caused by a delay in USCIS processing.
With regard to post completion practical training, optional practical training must be requested prior
to the completion of all course requirements for the degree or prior to the completion of the course of
[29]study.
In these cases, the student should be aware that the EDD will be issued only up to a date no later than
14 months after the completion of studies; if the EDD is not issued until more than two months after
completion of studies, the student may not be issued a full 12-month period of practical training even if
he or she had not previously used any period of optional [30]practical training.
D student seeking a 12-month period of post graduation practical training, therefore, should try to
obtain a placement well before he or she graduates and apply for the EDD as early as possible; by doing
so, he or she will avoid forfeiting any time because of delays in [31]USCIS processing.
23
For practical training following completion of studies, the EDD will be valid from the date the EDD
is issued or the date the student completes his or her studies, whichever is later. Once the student is
issued an EDD and he or she begins the training, however, there is no way of recapturing any unused
portion of practical training authorized by the Service as reected in the EDD.
The designated school ocial completes the certication in SEVIS. Form I-538 is no longer required in
these cases under the [32]SEVIS rule issued in December 2002. The DSO will then print the employment
page of the students Form 1-20, and sign and date the form to indicate that optional practical training
has been recommended.
The student applies for [33]employment authorization by mailing the application to the USCIS service center
with jurisdiction over his or her place of [34]residence. The application includes the following:
1. Form 1-765
2. Form 1-20, with the employment page demonstrating the DSOs comments and certica-
tion
3. Copy of Form 1-94 (front and back)
4. Copy of the front and back of any previously issued Employment Authorization Document
(EAD)
5. Two photographs (full-face, passport-style, the same type used for the adjustment appli-
cation)
6. Filing fee of $175 payable by check or money order to the Department of Homeland
Security.
The EAD may be sent to the student directly from the [35]service center, or it may be forwarded to
the nearest USCIS district oce, where the student will be notied to pick it up in person.
If Form I-765 is not adjudicated by the service center within 90 days of receipt, the student may go
to the local [36]USCIS district oce with proof of identity and all communications from the USCIS
service center (including the ling receipt on Form I-797C), and an [37]interim FAD will be issued valid
for 240 days or until the application is adjudicated by the service center.
Form I-765 is illustrated and annotated as Sample Form 2-6. That annotation covers the use of the form
for practical training [38]applications, as well as applications based on unforeseen economic necessity.
As an alternative to ling by mail, applicants are now able to electronically complete and submit Form
1-765 and the related ling fee through links on the USCIS homepage (http://www.uscis.gov).When
completing the application electronically, users should note that an e-ling session will timeout after
15 minutes of inactivity.
Apart from submitting the supporting [39]documents to the USCIS oce, the applicant will be instructed
(on the conrmation receipt notice), to call the USCIS National Customer Service Center (at 1-800-
375-5283) to schedule an [40]appointment with a local Application Support Center (ASC). The ASC
will collect a digital photograph, signature, and ngerprints from the applicant.
Once the application is approved, the EDD (in I-765 cases) will he sent to the applicant by mail. With
regard to pre-graduation practical training, the EDD will be issued for the full period of recommended
practical training-usually three months for a summer [41]employment assignment.
24
Part-time pre-graduation practical training is indicated on the I-20 as endorsed by the designated school
ocial; the EAD will not reect part-time employment authorization.
With regard to post graduation practical training, the EDD will likely be issued for the full period of
recommended practical training (12 months if the [42]student did not engage in any pre-graduation
practical training), unless the EDD is not issued until more than two months after completion of studies;
employment authorization may be issued only up to the period ending no later than 14 months after
the completion of studies.
The EDD may be accepted by the employer for employment eligibility verication on Form I-9. If
the student travels abroad, and has a valid [43]visa for return to the United States, he or she will be
admitted with the unexpired EAD, even though he or she does not have Form I-20 ID Copy
Procedure to Obtain a Continuation of Optional Practical Training
Students who wish to continue in a pre-graduation practical training program may apply for further
authorization under the procedures outlined above provided he or she has not met the 12-month ceiling
on optional practical training and the student has not engaged in 12 months of full-time [44]curricular
practical training.
With regard to post graduation practical training, foreign students do not need to le an application
to continue practical training if the full 12 months is granted initially, which is permissible under the
rules. Once the student is issued a 12-month EDD and he or she begins the training, there is no way
of recapturing any unused portion of practical training. If the student plans to transfer into a higher
educational level, however, he or she is eligible for another 12-month period of practical training.
Visa Issuance and Travel for a Student Granted Practical Training
A student who is applying for permission to accept practical training will already have a valid F-1 visa
stamped in his or her passport. The [45]F-1 visa is obtained prior to entering the U.S. by submitting the
prepared [46]visa application to the U.S. consulate.
Some students, however, may have an expired visa for one of two reasons:
The students visa was originally issued with a validity date based on his or her projected period of
study in the U.S.
The student comes from a country for which the period of visa validity is limited on the basis of
reciprocity.
Students who are seeking to renew their [47]F-1 nonimmigrant visas in order to continue in a program
of optional practical training after completion of classes must also present a Form I-20 Certicate
of Eligibility that is properly annotated by the designated school ocial, according to recent State
Department guidance issued in January 2004. If the form is not properly annotated, the visa application
will be denied.
The January 2004 guidance reminds consular ocers that they must review the Form I-20 when
adjudicating [48]student visa applications for individuals seeking to continue in a program of optional
practical training after classes. Specically, the third page of the I-20 form must be properly annotated
by the DSO before the visa application may be approved.
25
[49]SEVIS records should also reect the DSOs recommendation for optional practical training, with a
new, separate entry in the SEVIS database indicating the optional practical training program. If such
an entry has not been made, consular ocers are instructed not to issue the F-1 visa. In these cases,
students should contact their DSOs to ensure that their SEVIS records have been updated.
Travel and Readmission during Optional Practical Training: In a related matter, the ICE has re-
cently changed its policies concerning travel during optional practical training. The new policy permits
[50]F-1 and J-1 with approved practical training to depart and reenter the United States only if they obtained
a job or job oer before departure. If the foreign national has an approved practical training but departs the
United States before he or she gets a job or job oer, the [51]practical training ends and the foreign national
cannot reenter. If the foreign national has a job or job oer, he or she may travel and reenter the United
States to resume work at the same job. If the foreign national has not yet begun the job, he or she should
carry a job oer letter from the [52]employer.
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an
accredited college, university, seminary, conservatory, academic high school, elementary school, or other
academic institution or in a language training program. You must be enrolled in a program or course of study
that culminates in a degree, diploma, or certicate and your school must be authorized by the U.S. government
to accept international students.If you are a potential immigrant or are already in the United States, an
immigration lawyer Fairfax can help you nd successful answers to many of the legal issues that foreign
citizens face. Please contact Wani & Associates for a free consultation. We can be reached by telephone, fax,
or by lling out the client intake form. Call Now at: [53]1-866-755-9264
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5. http://www.wanilaw.com/Legal-expertise-Immigration-Bankruptcy-Family-Law-Experienced-Attorney.aspx
aspx
8. http://www.wanilaw.com/Free-legal-divorce-immigration-bankruptcy-consultation-lawyer-attorney-in-va-dc-md.
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11. http://www.wanilaw.com/Professional-legal-affiliations.aspx
26
aspx
aspx
33. http:
36. http://www.wanilaw.com/attorney-lawyers-law-firms-Legal-forms-for-divorce-HIB-Labour-certification-naturalization-personal-injury-bankruptcy-visa.
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40. http://www.wanilaw.com/Immigration-bankruptcy-criminal-defence-Attorneys-lawyers-at-wani-and-associates-va-dc-md.
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43. http://www.wanilaw.com/Immigration-bankruptcy-lawyer-attorney-law-firm-in-virginia-maryland-dc-india-pakistan.
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27
Basic Information About The J-1 Category Visa To USA (2012-12-29 10:24)
J-1 Category Non Immigrant Visa Process:[1]
The[2] J-1 visa category is used by [3]foreign students, scholars, experts, medical interns and residents,
International Visitors, and industrial and business trainees to enter the United States as exchange visitors,
in U.S. government approved Exchange-Visitor Programs, for the purpose of gaining experience, studying,
or doing research in their respective elds. This article presents the information needed to understand how
the[4] J-1 visa category can be used to bring aliens to the United States.
2. Duration of stay
Note the following:
Students: Secondary school students may be admitted for a one-year period. College and university
students may be admitted for the anticipated length of their [5]academic program. [6]Students in degree
programs below the doctoral level may also engage in 18 months of training after completion of their
degree programs. Post-doctoral training is permissible for a period of 36 months following conferral of
the degree. Non-degree college university students are admissible for a two-year period.
Short-Term Scholars: This new [7]category permits entries for a six-month period, with no extensions
allowed. Note that the usual three-week minimum stay requirement is waived for this category.
Trainees: [8]Business trainees may be admitted to the United States for an 18-month period. Trainees
in ight training programs may receive a 24-month period of stay.
Teachers: Primary and secondary school teachers may he admitted for a three-year period.
College and University Professors and Research Scholars: Responding to concerns from the
university community, a State Department rule, nalized in May 2005, increases the maximum [9]du-
ration of exchange program participation for professors and research scholars from three years to ve
years, measured from the program begin date (or initial program begin date for continuing exchange
visitors) as documented in [10]SEVIS and ending ve calendar years later. During the ve-year period,
the program participant will be permitted an unlimited number of departures from and reentries to the
United States, provided that he or she is in good standing in the exchange program.
Specialists: This new category [11]permits periods of stay up to one year.
28
Foreign Medical Graduates: Foreign doctors participating in U.S, internships and [12]residencies
may be admitted for the length of their program, with a usual maximum of seven years. Additional
time may be conferred, however, under complex agency rules.
Summer Student Work/ Travel Programs: Agency [13]rules do not specify a maximum [14]periods
of stay, but presumably the four month period applicable to other summer programs applies as well to
this category.
a) Au Pairs: Participation in the [15]au pair programs is limited to one year.
b) International Visitors: One-year maximum period of stay.
c) Government Visitors: 18-month maximum period of stay.
Camp Counselors: This program has a four-month limit on stay.
Under the exchange visitor rules, extensions beyond the usual program maximum may be authorized by the
DOS when adequate justication is given. [16]Experience shows that such extensions are rarely granted.
The U.S. Sponsor must proceed through an [17]Exchange-Visitor Program designated by the State
Department. Sponsors may:
1) Proceed through already-established programs within their own organizations
2) Bring [18]J visa holders to the U.S. through another organizations program, provided the eligi-
bility requirements of that organization are met
3) Establish their own exchange-visitor program by applying to the DOS
The [19]sponsor of an Exchange-Visitor Program is empowered by the DOS to issue a Certicate of
Eligibility for each exchange visitor. DOS approval for each exchange visitor is not required. Once the
[20]Certicate of Eligibility is issued, the exchange alien must take the certicate to a U.S. consulate to apply
for issuance of a J-1 visa. The consulate will use an electronic system (SEVIS) to verify the data on the
Certicate of Eligibility and to inform DHS that a J-1 visa was issued.
4. Special Limitations:
Two-Year Foreign Residence Requirement: Requirement is imposed on some categories of exchange
aliens once their U.S. stay is completed. Any J-1 exchange visitor subject to the foreign residence requirement
is ineligible for permanent residence or [21]nonimmigrant visas in the [22]H or L category until he or she
spends two years-after completion of stay-in his or her home country or country of last residence. Some
[23]waivers of the requirement are available in special cases.
The issues of who is subject to the requirement and how to obtain a waiver of it are complex ones.
Nevertheless, the foreign residence requirement is an important consideration in determining whether to use
the[24] J visa category, because the options for placement of an alien who is subject to the requirement after
completion of training are limited.
29
Bar on participation as professor or scholar for previous J-1 visa holders: A rule issued
in April 1996 and amended in May 2005 bars program participation as a professor or research scholar for
aliens who have been physically present in the United States as an [25]F-1 student or J-1 exchange visitor
for all or part of the one-year period immediately preceding the commencement of such participation as set
forth in the Certicate of Eligibility. The May 2005 rule claries that the one-year bar applies to spouses
and dependents as well as principal non immigrants. This bar was established to prevent the movement of
[26]J-1 students into the professor and research scholar category, and to prevent aliens who had completed
a three-year period of [27]J-1 status as a professor or research scholar from leaving the United States and
reentering in a new research or professor program for an additional three years. As revised by a nal rule
issued in June 1996, this one-year bar does not apply to exchange visitors:
1) Who participated in a exchange visitor program for six months or less?
2) Whose previous J-l stay was in the short-term scholar category?
3) Who is transferring to the sponsors program?
Bar on participation in consecutive training programs: In an October 2003 notice to ex-
change program sponsors, the State Department armed that foreign nationals may not participate in more
than one single [28]business or industrial [29]J-1 training program. The notice was issued because the State
Department was made aware that some program sponsors were requesting that trainees who had already
participated in an exchange program be admitted for participation in a second training program.
Exceptional extensions beyond the maximum [30]duration of the sponsors program are available
where authorized by the State Department. For example, if the exchange program sponsor has been
authorized to administer a 12-month J-1 training program and the visitor is issued a DS-2019 for a one-time
12-month program, the visitors stay may be extended past the [31]authorized 12 months if the program
sponsor applies for and receives the State Departments approval of the extension.
5. Family Members of the J-1 Exchange Visitor
Family members of the exchange alien enter the U.S. in the [32]J-2 visa category. Eligible family
members include the [33]spouse and minor children of the J-1 exchange visitor. A minor is a person under 21
years of age. Keep in mind that each family member must present a Certicate of Eligibility issued in his or
her own name.
The spouse and minor children can accept employment with USCIS authorization, but only if their
compensation will be used for their own support, not to support the principal alien. The[34] J-2 alien applies
for employment authorization by mailing Form I-765, to the [35]USCIS service center with jurisdiction of
his or her [36]U.S. residence. Form I-765 is illustrated as Sample Form 2-6 (c) of this Handbook. But the
J-2 alien must demonstrate that the employment is not required for the support of the J-1 principal alien;
therefore, evidence of the salary paid to the [37]J-1 alien or the existence of sucient means of support for
that alien is required.
RAD applicants must also submit:
1) Two full-face, passport-style photographs
2) The lling fee of $175 payable by check or money order to the Development of Homeland Secu-
30
rity
[38]Employment authorization, once received, is valid for employment with any employer, but lim-
ited to the period stated on the employment authorization document (EAD). The EAD will be issued for the
authorized period of stay, whichever is shorter; it can be renewed upon expiration. Current USCIS guidelines
direct [39]service centers to adjudicate I-765 applications within 75 days. Under current regulations, if the
USCIS has not completed action on the [40]application within the 90-day period after the ling of the
application, it must grant an interim period of employment authorization for 240 days.
Update: USCIS Now Requires Passport-Style Photos: On September 1, 2004, the USCIS
ocially adopted the Department of States photograph standard for all new applications and petitions
led with the agency. This [41]new policy requires the submission of full-face, passport -style photographs
rather than the three quarter prole. ADIT- style photographs that were previously accepted by the agency.
Further [42]information regarding passport-style photograph guidelines can be found in the Handbook.
If you have any questions, our oce in Wani & Associates will be happy to help you explain the
J1 Visa program requirements. Please feel free to Contact Now: [43]1-866-755-9264 .For more detailed
information then come our website: [44]http://www.wanilaw.com/
1. http://wanilaw.wordpress.com/2012/12/29/basic-information-about-the-j-1-category-visa-to-usa/
j-1-category-visa-to-usa/
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corporate-incorporation-international-arbitration-joint-ventures-law-firms-lawyers-attorney-in-va-dc-md.
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aspx
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15. http://www.wanilaw.com/lawyer-attorney-application-for-non-immigrant-visa-us.aspx
17. http:
//www.wanilaw.com/lawyer-attorney-for-american-green-card-application-permanent-resident-in-va-dc-md.aspx
18. http://www.wanilaw.com/attorney-lawyer-for-deportation-defense-in-va-dc-md.aspx
19. http://www.wanilaw.com/attorney-lawyer-for-us-immigration-naturalization-application-form-process.aspx
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31
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32
Chapter 2
2013
2.1 January
Basic Requirements For Obtaining J-1 Status (2013-01-14 11:21)
Types of Exchange Programs For J-1 Visa:[1]
To enter the U.S., the alien must have plans to participate in a designated Exchange-Visitor Program.
An [2]Exchange-Visitor Program may be sponsored by a government agency, educational institution, hospital,
nonprot association, business, or industrial concern. A group can sponsor its own Exchange-Visitor Program
or it may bring aliens to the U.S. for [3]training under an already-established program. [4]Authority to
approve or deny designation as an Exchange-Visitor Program rests with the State Departments Bureau of
Educational and Cultural Aairs.
List of Types of Exchange Programs
Participation in an [5]exchange visitor program is limited to persons who will he engaged in one of the
following activities in the United States:
1. Students: This category includes persons who:
It will study in the United States and pursue a full course of study at a secondary accredited educational
institution, pursue a full course of [6]study leading to the award of a U.S. degree from a post secondary
33
accredited educational institution, or pursue a full-time course of study of up to 24 months duration
conducted by a post secondary accredited educational institution or an institute approved by the post
secondary accredited educational institution where the [7]student is to be enrolled upon completion of
the non degree program;
It will engage in [8]academic training as permitted under the State Department rules.
It will engage in English language training at a post secondary accredited educational institution, or
an institute approved by the post secondary accredited [9]educational institution where the college or
university student is to be enrolled upon completion of the language training.
1. Short-Term Scholar: This category includes a professor, research scholar, or person with similar
education or accomplishments coming to the United States on a short-term visit for the purpose of
lecturing, observing, [10]consulting, training, or demonstrating special skills at research institutions,
museums, libraries, post secondary accredited educational institutions, or similar types of institutions.
2. Trainee: This [11]category covers individuals who will participate in a structured training program
conducted by the selecting sponsor.
3. Teacher: This program category includes individuals teaching full-time in a primary or secondary
accredited educational institution.
4. Professor: This category covers persons primarily teaching, lecturing, observing, or [12]consulting at
post secondary accredited educational institutions, museums, libraries, or similar types of institutions.
A professor may also conduct research, unless disallowed by the sponsor.
5. Research Scholar: This category includes persons primarily conducting research, observing, or
consulting in connection with a research project at research institutions, corporate research [13]facilities,
museums, libraries, post secondary accredited educational institutions, or similar types of institutions.
The research scholar may also teach or lecture, unless disallowed by the sponsor.
6. Specialist:This category covers persons who are experts in a eld of specialized knowledge or skill
coming to the [14]United States for observing, consulting, or demonstrating special skills.
7. Other Person of Similar Description: The programs designated by the Department of State in
this category consist of the following:
International visitors (including persons who are [15]recognized or potential leaders, selected by the
Department of State for consultation, observation, research, training, or demonstration of special skills
in the United States).
Government visitors (including persons who are inuential or distinguished, selected by a U.S. federal,
state, or local [16]government agency for consultation, observation, training, or demonstration of special
skills in the United States)
Camp counselors (including individuals selected to be counselors in a summer camp in the United
States who impart skills to American campers and [17]information about their countries or culture).
Certain categories of exchange visitors must spend an aggregate of two years following comple-
tion of their U.S. training program in the country of their nationality or last legal residence:
Aliens subject to this requirement are those who have participated in Exchange-visitor Programs.
34
Whose programs have been nanced in whole or in part by their governments or by the [18]U.S.
government?
Who are nationals of countries that the DOS has determined clearly require the skills and [19]services
of people with the aliens special training?
Who are receiving graduate medical training in the U.S.? (Interns and Residents).
The requirement is that such aliens must, absent a waiver, return to the country of their nationality or last
[20]residence for an aggregate period of two years following completion of their U.S. training, before being
able to return to the U.S. in the H or L non immigrant categories, or as a [21]permanent resident.
The alien must maintain a foreign residence which he or she has no intention of abandon-
ing:
The aliens intent to enter the U.S. for a temporary period of time is judged independently from the
sponsors intent not to keep the alien permanently in the United States. It is therefore necessary for the alien
to maintain his or her [22]foreign residence as evidence of an intention to return abroad.
If you have any questions, our oce in Wani & Associates will be happy to help you explain the J1 Visa
program requirements. Please feel free to Contact Now: [23]1-866-755-9264 .For more detailed information
then come our website: [24]http://www.wanilaw.com/
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13. http:
35
23. http:
Basic Information About The H-2B Category Visa To USA (2013-01-16 06:07)
H-2B Category Non Immigrant Visa Process:[1]
The [2]H-2B visa category is used by U.S. companies temporarily to employ skilled or unskilled foreign
nationals in non-agricultural positions for which the employer has a temporary need and for which qualied
U.S. workers are unavailable. The company must intend to employ the foreign nationals for a [3]temporary
period and the employers need for the skills possessed by the [4]foreign nationals must also be temporary. In
addition, the employer must seek a labor certication from the U.S. Department of Labor (DOL) certifying
that:
The foreign national is not displacing a qualied unemployed U.S. worker in the region of proposed
[5]employment
The proposed employment does not adversely aect the [6]working conditions of U.S.
The temporariness of the employers need for the aliens skills, and not just the temporariness of the employers
need for the particular alien, is the crucial element of the H-2B category. This element dierentiates it from
the [7]H-1 category, in which the employers need for someone with the aliens skills can be [8]permanent,
even though the employer intends to hire the [9]alien temporarily.
Later in the year, however, Congress enacted legislation that eectively increases the number of [10]H-
2B workers available to U.S. employers by exempting from the cap workers who have worked in the U.S.
under the H-2B visa program in any one of the past three scal years and who are returning to the United
States to take up temporary employment in FY 2005 or FY 2006. The [11]USCIS announced in May 2005
that, as required under the new law, the agency will begin to accept additional petitions for H-2B workers as
of May 25, 2005. Further information regarding these developments is included.
Laborer, Landscape-14,236
36
Forest Worker-9699
Tree Planter-6793
Cleaner, Housekeeping-5324
Crabmeat Processor-3250
Stable Attendant-2704
Kitchen Helper-2358
Sports Instructor-1899
Groundskeeper, Industrial Commercial-1711
Lawn Service Worker-1418
Housecleaner-1151
Dining Room Attendant-988
Fast Foods Worker-987
Construction Worker II-979
Line Erector-857
Bricklayer-681
Amusement Park Worker-565
Material Handler-562
Cannery Worker-542
Horticultural Worker II-530
Shellsh Shucker-515
Knock Up Assembler-500
No other [12]occupation had more than 500 positions certied. These occupational titles come from the DOLs
Dictionary of Occupational Titles (DOT). These occupations accounted for 75 % of the H-2B certications
issued. These statistics show that the most commonly certied positions in the [13]H-2B category involve
various types of outdoor work or work at resorts for which employers often have a seasonal need.
2. Duration of Stay:
The initial period of stay granted to the alien admitted to the U.S. in H-2B status is governed by the
period of time that his or her temporary [14]services are needed. This period must be reasonable in terms of
the duties to be performed and cannot extend beyond an initial period of one year. Extensions of stay in
increments of one year are possible, but the alien employee cannot be continuously [15]employed in the U.S.
for more than three years. The DOL has indicated its view that an employers temporary need for job skills
will usually be for a period of 12 months or less, with more extended needs occurring only in extraordinary
circumstances. Although this view is not controlling on whether a full three years will eventually be granted
to an H-2B worker, it must be taken into account in preparing an H-2B case.
37
As the rst step in obtaining H-2B status for alien workers, the U.S. employer must le a request for a
labor certication with the state employment [16]service oce with jurisdiction over the [17]location of
the proposed employment.
The request can cover one alien, or a number of aliens lling the same position who will be working in
the same location.
The approved labor certication, or a DOL notice denying certication, must be led as a part of the
second step-a [18]nonimmigrant visa petition led by the employer with the USCIS.
The petition may be led for multiple aliens when the labor certication has been issued for multiple
aliens, and the beneciaries will be performing the same service for the same period of time and in the
same location.
Under a rule nalized in December 1995, however, aliens are not required to seek their [19]visas at the
same consulate in order to be included in the same petition.
Following approval of the petition, the third and nal step occurs-the foreign national or nationals
must take the petition [20]approval notice to a U.S. consulate to apply for H-2B visas permitting their
admission to the United States.
The alien admitted to the United States in the H-2B category is a temporary worker hired to ll a position
for which the employer has a temporary need. Therefore, it may prove dicult to adjust to [21]permanent
resident status while lling the same position for the same employer, because the employer has already
armed the temporary need for the workers skills.
Rules issued in April 1997 codify existing [22]policy governing the circumstances under which a foreign
employer may le H-2B petitions.
The [23]rules state that a foreign employer may le a petition only through a United States agent.
A foreign employer includes any employer who is not amenable to service of process in the United
States.
As a result, a foreign employer may not directly petition for an [24]H-2B nonimmigrant but must use
the services of a United States agent to le the petition.
The agent must be [25]authorized to the petition on behalf of the foreign employer and to accept service
of process in the United States on behalf of the employer in any proceeding brought by the DHS against
the foreign employer based on the unlawful employment of aliens or a failure to verify the [26]status of
its employees.
The rules also clarify the circumstances under which U.S. agents may le H-2B petitions.
38
The USCIS rules [27]permit United States agents to le petitions in cases involving workers who are tradi-
tionally self-employed or who use agents to arrange short-term employment on their behalf with numerous
employers, and in cases in which a foreign employer authorizes the agent to act in its behalf. Note the
following with regard to each of these circumstances:
1. Cases Involving Self-Employment
In this case, the agent performs the function of an employer. A contract between the agent and the alien is
required specifying the wage oered and the [28]terms and conditions of employment. The agent/employer
must also provide an itinerary of denite employment and [29]information on any other services planned for
the period of time requested.
1. Cases Involving Numerous Employers
In this case, the agent acts as a representative of both the employers and the beneciary. The agent must
submit a complete itinerary of services or engagements. The itinerary must specify the dates of each [30]ser-
vice or engagement, the names and addresses of the actual employers, and the names and addresses of the
establishment, venues, or locations where the services will be performed. In questionable cases, a contract
between the employers and the beneciary may be required.
1. Cases Involving Foreign Employers
In this case, the agent acts as the business representative of the foreign employer. Some evidence of the
agents authority to act on behalf of the foreign employer must be presented, although a formal agency
agreement with the foreign employer is not required. A letter from the foreign employer stating that the agent
is authorized to [31]le the petition and to accept service of process in any proceeding under the employer
sanctions provisions of the [32]immigration statute should be sucient. The contract between the foreign
employer and the beneciary should also be submitted. If the beneciary will provide services in more than
one [33]location in the United States.
1. http://wanilaw.files.wordpress.com/2013/01/h-2b-visa.jpg
39
aspx
15. http:
19. http://www.wanilaw.com/attorney-lawyer-law-firm-for-personal-injury-accident-va-dc-md.aspx
22. http:
25. http:
27. http:
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40
Basic Requirements For Obtaining H-2B Status (2013-01-24 08:49)
H-2B Visa Processing Requirements:[1]
[2]H-2B status can be sought for a single alien, or a group of [3]aliens, and the identity of the aliens
must generally be known in advance.
It is common for an employer to seek entry for a number of skilled or unskilled temporary workers at
the same time. As long as the workers will all ll the same position and work in the same [4]location, many of
the preliminary steps to obtain [5]H-2B approval can be done at one time for all of the workers. Under a rule
nalized in December of 1995, multiple H-2B beneciaries may be included in the same petition, even when
the alien workers will not receive their [6]visas at the same consulate or enter through the same port of entry.
1. Unnamed Beneciaries
Under current rules, the employer need not have chosen specic employees when applying for temporary
labor certication from the Department of Labor. Usually, however, the employer must designate named
aliens by the time that it les its H-2B petition with the USCIS after obtaining temporary labor certication.
[7]USCIS ocers may rely totally on the assertions of the [8]petitioner in determining whether the petitioner
has a valid business reason for not providing named beneciaries. If the employer has not identied all of the
alien workers at the time that an H-2B petition is led, and the USCIS has not granted an exception to its
usual [9]rule, a petition can be led for the known alien [10]workers, and when the other workers are identied
subsequent petitions can be led with copies of the original labor certication led with the rst petition.
2. Substitution of Workers
The employer can substitute alien workers for the named workers after [11]approval of the USCIS peti-
tion if the petition was approved for a group, e.g., a musical combo, if it was approved by the USCIS under
its exception [12]permitting unnamed aliens to be included, or if the job being oered has no requirements for
education, training, or experience. In these cases, the employer must notify the consulate where the [13]visa
will be sought or the port of entry where admission will be sought (in the case of visa-exempt aliens) of
the identities of the substitute workers. When the substitution occurs in one of the rst two cases and the
credentials of the worker are important to his or her qualication, evidence of the workers credentials must
also be submitted.
3. Certication must he sought from DOL
41
A U.S. employer is required to le a labor certication request with DOL as the rst step in employing
aliens under the [14]H-2B visa category. DOL must make a determination.
Unemployed, qualied [15]U.S. workers are not available for this position in the region of the aliens
proposed employment.
The [16]employment of the alien will not adversely aect the wages or working conditions of U.S. workers
similarly employed.
[17]DOL has issued separate guidelines for the certication of workers in certain industries (e.g., entertain-
ment, construction personnel, foreign language instructors, aerospace engineers), and these guidelines must
be consulted by the employer. In addition, agricultural workers are included in a separate [18]nonimmigrant
category, the H-2A category, for which the DOL has issued special regulations that must also be consulted.
[19]Contact the local DOL oces alien employment certication unit for the separate guidelines if one of the
occupational groups listed in this paragraph is the subject of your temporary need.
4. The employers need for the H-2B worker must he temporary
The employer must demonstrate that the position is one requiring skills or [20]services for which it has
a temporary need, and is not a position that needs to be lled by the employer on an ongoing or [21]perma-
nent basis.
In determining whether an employer has demonstrated temporary need for an [22]H-2B worker, the DOL
will consider:
Whether the job duties which are the subject of the temporary application are permanent
or temporary in nature.
If the duties are [23]temporary in nature the employers need is also temporary and further analysis is
not necessary. If the duties are permanent in nature, the DOL will consider the other factor noted below.
Whether the employer has clearly shown that the need for the H-2B workers services or
labor is of a short, identied length, limited by an identied event located in time.
Note that job opportunities of 12 months or more are presumed to be permanent in nature. Under ex-
traordinary circumstances, however, a certied job opportunity could he lled by an [24]H-2B worker for
a cumulative period of 12 months or more. Such [25]applications will be forwarded to the DOL regional
[26]oce for adjudication. In addition, a period of more than 10 months is viewed with suspicion and will
also lead to greater scrutiny.
In summary, the following situations can support an [27]H-2B petition based on the employers tempo-
rary needs:
Training of U.S. employees, when the [28]training program is in place, U.S. workers have already been
hired, and the trainer will not engage in actual productive employment.
Temporary unavailability or absence of a regular [29]employee, e.g., through leave of absence, illness,
temporary out-of-oce assignment, etc.
Peak-load situations that is nonrecurring.
42
Seasonal employment for carefully dened (not overly broad) seasons.
Child care limited to early childhood supervision that will end in three years or less, as [30]documented
by alternative arrangements for the child at that time, e.g., nursery school, parent will stop working
and undertake care, etc.
The temporary need requirement poses a signicant hurdle for employment agencies and job contractors
seeking to use the H-2B category. The [31]Service has taken the position that job contractors or employment
agencies cannot le H-2B petitions because such entities have a permanent need for their employees, despite
the fact that an individual assignment for an employee may be temporary.
5. The employer must intend to employ the alien temporarily.
The employer must demonstrate that the aliens term of employment will be temporary. Specically,
the employer must establish that it has not required the skills in question in the recent past, nor will it
need those skills in the near future, and that there is a specic time [32]period within which the temporary
assignment will be completed, as evidenced by contracts or a description of circumstances that will bring the
assignment to a close.
6. The alien can he skilled or unskilled
Although the alien may be either skilled or unskilled, he or she must possess the [33]requisite training,
education, or skills for the position in question.
The aliens qualications are established by submission of suitable documentation to the USCIS-degrees,
school transcripts, and adavits of experience. Note that documentation must be in the appropriate
form-legible photocopies, unless original documents are requested by the [34]USCIS, and translated,
with a certication by the translator as to accuracy, if the original documents are in a foreign language.
The alien must intend to remain in the U.S. temporarily and must maintain a [35]foreign residence.
The aliens intent to remain temporarily in the U.S. is judged independently from the employers intention to
employ the alien temporarily. In this connection, the alien must maintain a [36]residence abroad, that is, an
actual home. Failure to specify a foreign address to which the alien worker will return upon completion of
the U.S. assignment is likely to lead to denial of an [37]H-2B visa at a U.S. consulate.
7. An admission slot within the annual cap must be available
The 1990 Act imposed an annual numerical limit on new H-2B admissions, eective with the scal year which
began on October 1, 1991. That limit-66,000 annual admissions-is computed by the USCIS by assigning a
number to each new [38]H-2B petition led with the Service during the scal year (petition extensions will
not be counted against the annual limit). If the annual limit is reached, the USCIS will not continue to
accept petitions and maintain a waiting list. Petitions will be returned to the employer, who will be told that
the limit has been reached and that the petition can be relled once the next [39]scal year begins on the
following October Ist.
The USCIS counts against the cap only those petitions regarded as new [40]H-2B employment. Exempt from
the H-2B cap are the following types of cases:
43
Petitions for extensions of H-2B stay.
Applications for extension of H-2B petition.
Petitions reecting changes in the terms of H-2B employment.
Petitions reecting changes or additions of H-2B employers. In addition, [41]spouses and children of
H-2B workers, classied in the [42]H-4 category, are not counted against the numerical limit.
If you have any questions, our oce in Wani & Associates will be happy to help you explain the H-2B
Visa Status program requirements. Please feel free to Contact Now: [43]1-866-755-9264 .For more detailed
information then come our website: [44]http://www.wanilaw.com/
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Basic Information About The E Category Visa To USA (2013-01-26 07:18)
E Category Non Immigrant Visa Process:[1]
Coverage of the E category
The [2]E category is especially useful for business owners, managers, and employees who need to re-
main in the United States for extended periods of time in order to oversee or work in an enterprise engaged
in trade between the United States and a foreign state or that represents a major investment in the United
States. The [3]E visa category was established to give eect to those treaties between the United States and
foreign countries that provide for reciprocal benets to nationals of each country who invest in the other
country or who conduct trade between the two countries.
The E visa category can be used for purposes of conducting [4]trade between the [5]United States
45
and the country of majority ownership of the company (E-l), or overseeing investment in the United States
(E-2).
Duration of Stay
Although an initial [6]period of stay of two years is granted to persons coming to the United States in the E
category, this period can be extended almost indenitely-as long as the [7]alien arms that he or she will
leave the United States when the period of [8]authorized stay, including unlimited extensions, ends.
Application Process
It is possible to make the application for this [9]status exclusively through a [10]U.S. consulate
abroad. A preliminary petition on Form I-129 does not need to be approved by the [11]USCIS.
Special Conditions
E-category aliens do not need to maintain a foreign [12]residence during their U.S. stays, as long
as they arm their intention to leave the United States when their period of stay (plus any authorized
extensions) expires.
Alternatives to the E Category
If a company or individual investor or trader does not qualify for treaty consideration, other alter-
natives are likely to be open in seeking entry to the United States, either to establish a new company or to
[13]service an established one. Probably the most useful [14]category for a company engaged in trade with or
an investment in the United States, but which cannot qualify under a treaty, is the [15]L-1 visa category for
intra company transferees. This category is useful even for small investors seeking to set up a company in
the United States.
Large companies with established subsidiaries or aliates in this country can also make use of the
L-I and B-1 categories, and can also bring to the United States skilled [16]professionals, including some
business executives, in the [17]H-IR visa category for temporary workers in specialty occupations.
Family Members of the E Visa Holder
Family members of the E visa holder are entitled to enter the United States with the [18]visa
holder. Included in this category are the spouses of the [19]visa holder, as well as minor unmarried children
under the age of 21. Once children attain the age of 21 or get married, they are no longer eligible to remain
in the United States in [20]treaty status.
[21]Nonimmigrant and his or her dependent spouse, the I-94 cards of both the principal nonimmi-
grant and the [22]spouse should be provided. Applicants should also submit a copy of the petition approval
notice of the [23]E-1 or E-2 principal to assist in verifying status. (If a petition was previously bled with the
USCIS). Finally, BAD applicants must submit:
Two full-face, passport-style photographs
The ling fee of $175 in a check
46
Money order made out to the Department of Homeland Security. Dependent spouses of [24]E non immi-
grants will be authorized to accept employment for the period of admission and/or status of their spouses not
to exceed two years. Dependent spouses may me the Form I-765 concurrently with an extension of [25]stay
application, Form I-539. In these cases, the application must be med with the California or Texas Service
Center, as appropriate (current rules require that all extension of stay applications med on behalf of E non
immigrants be submitted to the California or Texas Service Centers). The Service may take up to 90 days to
adjudicate the I-765 application. After 90 days, if the applicant does not receive the BAD, he or she may go
to a district [26]oce and apply for an EAD valid for a period of 240 days, issued under current guidelines
for interim employment authorization.
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2.2 February
Basic Information About the O Visa Category (2013-02-09 09:16)
O Category Non Immigrant Visa Process:
[1] Coverage of the O category
The [2]O category is set aside for aliens of extraordinary ability in the sciences, arts, education, busi-
ness, or athletics, certain aliens accompanying or assisting those aliens, and their family members. In addition,
[3]O non-immigrants must intend to work in their area of extraordinary ability or achievement. No numerical
cap is placed on the annual admission of these [4]non-immigrants, but the denitions covering this category
should serve eectively to limit the number of annual admissions.
Duration of stay
There is no explicit statutory limitation on the [5]period of stay for O non-immigrants; the initial pe-
riod of stay can be approved for the time necessary to complete the event or activity or group of events or
activities for which the non-immigrant is admitted, up to a period of three years. The [6]USCIS rules dene
the term event to mean an activity such as a scientic project, conference, convention, lecture series, tour,
exhibit, business project, academic year, or engagement; in the case of an [7]O-1 athlete, the event could be
the entire season or the [8]aliens contract, if longer than the season.
Procedures for the O category
Classication in the [9]O category requires the ling of an O petition with the [10]Immigration Service
in order to obtain permission to employ an O alien for a temporary period. A petition can be approved only
after the employer consults with a peer group, labor organization, or management organization regarding
the nature of the work to be done and the aliens qualications. In most cases, evidence of consultation
takes the form of a written advisory opinion obtained from a peer group, labor organization or management
organization with [11]expertise in the specic eld involved.
An O petition may be led for multiple O-2 aliens (but not O-1 aliens) when they are assisting the same
[12]O-1 alien for the same events or performances, during the same period of time and in the same [13]location;
48
under a revision to the rules in August 1994, multiple beneciaries listed in the same O-2 petition need not
seek their [14]O-2 visas at the same [15]U.S. consulate abroad.
Special conditions
The principal condition regarding O status that must be remembered by employers is that obtaining [16]O
status for an alien requires three steps:
Obtaining advisory opinion from peer group, labor organization, or management organization.
Approval by the USCIS of an [17]O petition supported by the advisory opinion.
Issuance by a U.S. consulate of an O visa based on the approved petition.
Also keep in mind the following:
Freelancing not permitted: The nal rules issued in August 1994 clarify that an alien in O classi-
cation may only be admitted to perform services in specic, identied events; O status may not be granted
to an alien to enter the [18]United States to free lance in the open market.
Filings by foreign employers and U.S. agents: Final rules issued in April 1997 revise the circum-
stances under which a [19]foreign employer may le O-1 petitions. Under prior rules, a foreign employer could
directly petition for an O-1 alien. Note the following with regard to each of these circumstances:
Cases involving [20]self-employment
Cases involving numerous employers
Cases involving foreign employers
Filing permanent residence papers: The approval of a [21]permanent labor certication or the ling of
an [22]immigrant preference petition is not a basis for denying an O-1 petition, an extension of stay request,
or a change of status application. The USCIS rules provide that an alien may legitimately come to the United
States for a temporary period as an [23]O-1 nonimmigrant, and, at the same time lawfully seek to become a
[24]permanent resident.
Employer obligation to pay for return abroad: Employers are obligated to pay for the return trip of
O employees whose [25]employment is terminated prior to the expiration of the authorized period of stay.
Family members of O aliens: The family members ([26]spouse and unmarried children under 21) of
the principal alien are classied in the [27]O-3 category. They cannot engage in employment in the United
States unless they are independently qualied.
An O-1 Visa is originally provided for up to three decades. Consequently, it can be prolonged for one
season at one time. There is no restrict to the variety of additions that may be provided. If you have any
question about O Visa Category, Please contact Wani & Associates for a free consultation. Wani & Associates,
P.C is known for its accessibility to its clients. Call today at: [28]1-866-755-9264
Visit Our Website: [29]http://www.wanilaw.com
49
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Basic Requirements for Obtaining O-1 and O-2 Status (2013-02-20 09:41)
O-1 and O-2 Visa Processing Requirements:
The [1]O-1 category is set aside for the principal [2]alien with extraordinary ability. The law establishes three
dierent standards for the O-1 category:
50
The most exacting standard applies to aliens in the sciences, education, business, and [3]athletics.
A much less rigorous standard applies to individual aliens in the arts.
An intermediate standard applies to aliens of extraordinary achievement in the motion picture or TV
industries.
[4]
(a) Aliens of extraordinary ability in the sciences, education, business, and athletics
With regard to the rst group of individuals who qualify for [5]O-1 Status (aliens in the sciences, edu-
cation, business, and athletics), the [6]USCIS rules provide that only a person who is one of the small
percentage who have risen to the very top of his or her eld of endeavor qualies for this type of extraordinary
ability.
Receipt of a major, internationally-recognized award, such as the Nobel Prize.
(b) Aliens of extraordinary ability in the arts
To qualify as a member of the second group of [7]O-1 aliens (aliens of extraordinary ability in the arts), the
[8]USCIS rules require distinction. Distinction means a high level of achievement in the eld of arts as
evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent
that a person is described as prominent, leading, or well known in the eld of arts.
Evidence that the alien has been nominated for or has been the recipient of signicant national or
international awards or prizes in the particular Held, such as an Academy Award, an Emmy, a Grammy,
or a Directors Guild Award.
(c) Aliens of extraordinary achievement in the motion picture or TV industries
To qualify as a person of extraordinary achievement in the motion picture or television industries, it must be
shown that the alien has a very high level of accomplishment in the motion picture or television industry
evidenced by a degree of skill and recognition signicantly above that ordinarily encountered to the extent
that the person is recognized as outstanding, notable, or leading in the motion picture or television eld.
This standard is more exacting than the [9]standard applicable to aliens of extraordinary ability in the arts
51
but less rigorous than the standard applicable to aliens in the sciences, education, business, and athletics.
(d) Work in the area of extraordinary ability or achievement
The O-1 alien must be coming to the [10]United States to work in his or her area of extraordinary ability or
achievement. Under prior [11]rules, the [12]Service had taken the position that the performance, event, or
position must require the services of an alien of extraordinary ability or achievement.
Basic requirements for obtaining 0-2 status
The [13]O-2 category is set aside for aliens who will accompany and assist in the artistic or athletic per-
formance of an [14]O-1 alien and aliens who will accompany and assist an O-1 alien on a specic motion
picture or television production. O-2 aliens must have a [15]foreign residence which they have no intention of
abandoning; this requirement, which was eliminated for the [16]H-1B category, is not imposed for O-1 aliens.
With regard to the [17]O-2 category for aliens accompanying and assisting an O-1 alien on a specic
motion picture or television production, the 1991 Amendments clarify that the alien must have skills and
experience with the O-1 alien which are not of a general nature and which are critical:
Based on a pre-existing longstanding working relationship.
Because signicant production will take place both inside and outside of the [18]United States and the
continuing participation of the alien is essential to the successful completion of the production.
If you have any question about O-1 and O-2 status, Please contact Wani & Associates for a free consultation.
Wani & Associates, P.C is known for its accessibility to its clients. Call today at: [19]1-866-755-9264
[20]http://www.wanilaw.com
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19. http:
Basic Information about the P Visa Category (2013-02-25 10:22)
P Category Visa Process:
Coverage of P category
The [1]P category covers those entertainers and [2]athletes who cannot qualify under the extraordinary
ability standard for the [3]O category. The only other category in which entertainers or athletes may be
admitted to the [4]United States is the [5]H-2B category, requiring a labor certication. The H-1B category
specically excludes from coverage those aliens tting within the O and P categories. It is important to note
that in most cases accompanying aliens are not permitted for P entertainers and athletes. It should also be
noted that the P category maintains the requirement, deleted for the [6]H-1B category, that the alien have a
[7]foreign residence that he or she has no intention of abandoning.
[8] Duration of stay
Except for individual [9]P-1 athletes, there is no explicit statutory limitation on the period of stay for
[10]P non-immigrants. The initial period of stay can be approved for the time necessary for the specic
competition, event, or performance, up to a period of one year. With regard to individual P-1 athletes, an
initial [11]period of stay can be approved for ve years, up to a total of 10 years. A competition, event, or
performance means an activity such as an athletic competition, athletic season, tournament, tour, exhibit,
project, entertainment event, or engagement. A group of related activities will also be considered an event.
An extension of stay for a P-1 individual athlete and support personnel can be granted for an additional
period of ve years for a total period of stay not to exceed 10 years.
Extensions of stay for all other P non-immigrants and support personnel can be granted in increments
of up to one year to continue or complete the same event or activity for which they were admitted.
In addition, extensions may be granted to complete additional similar or comparable performances,
engagements, or competitions not listed in the initial petition.
Procedures for the P category
Classication in the P category requires the ling of a P petition with the [12]Immigration Service in
53
order to obtain permission to employ a [13]P alien for a temporary period. Before a petition can be approved
for P classication, a consultation requirement must be met. The law requires the submission of an advisory
opinion from a labor organization with expertise in the aliens specic eld. The petition may establish that
a labor organization does not exist, in which case the [14]USCIS may adjudicate the petition without an
advisory opinion.
The [15]P petition may be led for multiple P aliens if they are members of a group or team seeking
classication based on the reputation of the group or team as an entity, or if they will provide essential
support to the same P-1, P-2 or P-3 alien or group performing in the same location and in the same time
period; support personnel cannot be included in the same petition as the principal P alien or group. Separate
petitions must be led for support personnel.
Special conditions
The principal condition regarding P status that must be remembered by [16]employers is that obtain-
ing P status for an alien requires three steps:
Obtaining an advisory opinion from a labor organization (or submitting evidence that such an organi-
zation does not exist).
Approval by the [17]USCIS of a P petition supported by the advisory opinion.
Issuance by a [18]U.S. consulate of a P visa based on the approved petition.
Also keep in mind the following:
Freelancing not permitted: The nal rules issued in August 1994 clarify that an alien or group in
P classication may only be admitted to perform [19]services in specic, identied events, performances,
competitions, or engagements; P status may not be granted to an alien to enter the [20]United States to free
lance in the open market.
Filings by foreign employers and U.S. agents: A nal rule issued in April 1997 revises the cir-
cumstances under which a foreign employer may le P-1 petitions. Under prior [21]rules, a foreign employer
could directly petition for an P-1 alien. The new rules state that a foreign employer may le a petition only
through a United States agent. A foreign employer includes any employer who is not amenable to service of
process in the United States.
Cases involving [22]self-employment
Cases involving numerous employers
Cases involving foreign employers
Filing permanent residence papers: The approval of a [23]permanent labor certication or the ling of
an [24]immigrant preference petition is not a basis for denying a P petition, an extension of stay request, or a
change of status application.
Members of P-1 entertainment and athletic groups: A person who is a member of an interna-
tionally recognized entertainment group or athletic team may be granted P-1 classication based on that
54
relationship, but may not perform services separate and apart from the entertainment group or athletic team.
Employer obligation to pay for return abroad: One obligation imposed by the 1990 Act is for employers
to pay for the return trip of P employees whose [25]employment is terminated prior to the expiration of the
authorized period of stay.
Family members of P aliens: The family members (spouse and unmarried children under 21) of the
principal alien are classied in the [26]P-4 category. They cannot engage in employment in the United States
unless they are independently qualied.
If you have any questions, our oce in Wani & Associates will be happy to help you. Please feel free
to Contact Now: [27]1-866-755-9264 .
For more detailed information then come our website: [28]http://www.wanilaw.com/
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2.3 March
Basic Information about the L Category (2013-03-07 07:04)
General Requirements and Special Conditions of L Visa Category:
1. General Requirement
The [1]L non-immigrant visa category is one of the most useful tools available to international compa-
nies needing to bring foreign employees to the [2]United States. If a few basic requirements can be met, many
advantages exist to using the L category. Note that under the 1990 Act, a new employment-based immigrant
preference category was created for managers and executives who meet the L-1 standards for those employees.
These aliens are considered priority workers in the rst preference, which has 40,000 annual [3]immigrant
visas allotted to it.
[4] 2. Duration of stay
An [5]alien may be admitted to the United States in [6]L-1 status for the period of time required by
the employer, up to a maximum initial period of stay of three years. The total [7]period of stay may reach
seven years for L-1A managers and executives, and ve years for L-1B specialized knowledge personnel. In a
change from the law existing before the 1990 Act, additional periods of stay beyond these limits cannot be
granted based on a showing of extraordinary circumstances.
3. Application process
The [8]U.S. employer must le a petition with the Immigration Service in order to obtain permission to
transfer a foreign national for a temporary period.
Once the [9]petition is approved, the approved petition is sent to a [10]U.S. consulate where the alien
can obtain an L-1 visa to enter the United States.
If the alien is already in the United States in a dierent non-immigrant category, his or her [11]status
must be changed to the L-1 category.
Under past rules, the change was made by ling a separate application for change of status with the L-1
petition; under current rules, the change of status is incorporated in the L-I petition, and a separate
application form is not required.
56
Blanket petitions: Note that the procedures are dierent for [12]employers who have received approval of a
blanket petition permitting them to issue certicates of eligibility directly to their transferring employees,
who take them to a U.S. consulate for L-1 visa issuance.
4. Special conditions
The priority worker immigration category for L-1 managers and executives:
L employees who are in managerial or executive roles also have an advantageous route to [13]per-
manent residence. Under changes made by the 1990 Act, a new employment-based immigrant preference
category is created which includes managers and executives meeting L-1 standards. The rst employment-
based preference for priority workers, including L-1 level managers and executives, is allotted 40,000
annual immigrant visas. Aliens qualifying for immigration in this category are exempted from the usual
labor certication requirement, thereby abbreviating the procedures and time required to obtain permanent
residence.
Non-immigrant intent and permanent residence papers:
Another advantage for L-1 aliens is that they do not need to show that they maintain a foreign
residence during their U.S. stay and they may seek permanent residence and still obtain [14]L-1 visas,
petition approvals, and extensions of stay. The 1990 Act eliminated the requirement that L-1 aliens establish
their non-immigrant intent and removed the ling of permanent residence papers as a relevant factor in
determining whether L-1 aliens are legitimate non-immigrant.
Limits on stay and approval of new petitions:
An [15]L-1 alien who has been present in the United States for the full period of stay-ve years for
specialized knowledge personnel or seven years for executives and managers is barred from reentering the
[16]United States in either H or L status until he or she has resided outside of the United States for a full
year.
Family members of the L-1 non-immigrant
Family members of the L-1 non-immigrant are entitled to admission in the L-2 non-immigrant cate-
gory. Included in this category is the [17]spouse of the visa holder, as well as minor unmarried children under
the age of 21. Once children attain the age of 21 or get married, they are no longer eligible to remain in the
United States in L-2 status.
The family members of the principal alien, who are admitted with the alien, but classied in the
L-2 category, can undertake courses of study in the U.S. while remaining in [18]L-2 status. Until recently,
family members could not engage in employment in the U.S. unless they were independently qualied, e.g.,
eligible for [19]H-1B classication or another work-authorized category.
If you have any questions, our oce in Wani & Associates will be happy to help you explain the
J1 Visa program requirements. Please feel free to Contact Now: [20]1-866-755-9264 .
[21]http://www.wanilaw.com/
57
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20. http:
Basic Information about the TN Visa Category (2013-03-18 08:19)
General Requirements and Special Conditions of TN Visa Category:
[1]
In August 1992, the [2]United States entered into the North American Free Trade Agreement (NAFTA),
which provides for expedited admission of business persons from each country. The [3]immigration related
provisions of NAFTA cover four categories of business persons from Canada and Mexico seeking entry into
the United States:
[4]TN professionals
58
B-1 temporary business visitors
[5]E traders and investors
L-1 intracompany transferees
Professionals entering in the [6]TN category can work for a U.S. entity in several situations:
Qualifying [7]professionals who are employees of U.S. companies can work for those companies on a
temporary basis and be paid by them in an identical manner to [8]H- 1B professionals
Qualifying professionals who are [9]self-employed can work for U.S. companies if a service contract
exists between the self-employed professional and the [10]U.S. companies providing for the rendering of
professional services.
Qualifying professionals who are employees of Canadian or Mexican companies can work for U.S.
companies.
2. Duration of stay
An alien may be admitted to the United States in [11]TN status for the period of time required by
the employer, up to a maximum initial period of stay of one year. TN professionals can receive extensions of
stay in one-year increments, with no outside limit on the total period of stay. The only limitation on the
duration of stay of TN non-immigrants is that the purpose of the stay must continue to be temporary.
3. Procedures for the TN category
Canadian professionals are designated as TN-1 non-immigrants as distinguished from the TC classi-
cation under the FTA. Mexican nationals seeking TN status must apply for a non-immigrant visa at a
[12]U.S. consulate. Under prior procedures, Mexican citizens were required to comply with a procedure
that was nearly identical to that for H-1B classication for nationals of other countries. The employer was
required to le a petition for TN status with the [13]USCIS, and the petition was required to be supported
by a labor condition application (LCA).
Non-immigrant intent and permanent residence papers:
Final [14]TN rules issued by the Service and State Department clarify that TN classication may
be conferred only to persons seeking temporary entry without the intent to establish [15]permanent residence.
Limits on self-employment:
The admission of self-employed TN professionals has raised complex issues under NAFTA. The TN
rules codify agency policy on [16]self-employment by TN professionals. In earlier directives, the Service
stated that a TN professional cannot establish a business or practice in the United States in which he or she
will be self-employed.
Strike provisions of NAFTA:
59
Both Canadian and Mexican nationals seeking entry in TN status are subject to the strike provi-
sions in NAFTA. The strike or work stoppage component of the treaty provides that if the Department of
Labor certies to the [17]USCIS that the place of employment to which a Canadian or Mexican national is
destined is the subject of a strike or other labor dispute involving a work stoppage, and the inspecting ocer
believes that the temporary entry of the [18]alien may aect adversely either the settlement of such labor
dispute or the employment of a person involved in the dispute, then the applicant for admission may be
refused or a [19]TN petition may be denied.
Elimination of annual numerical cap on new Mexican TN admissions:
Originally, NAFTA established an annual numerical cap on Mexican TN admissions. Specically,
only 5,500 Mexican TN were to be admitted each year, though the TN foreign nationals family members in
TD status were not counted against the limitation.
Family members of TN aliens:
The family members ([20]spouse and unmarried children under 21) of the principal alien are classi-
ed in the TD category. They cannot engage in [21]employment unless they are independently qualied.
Family members can undertake courses of study in the United States while remaining in TD status.
[22]Wani & Associates, P.C. is known for its accessibility to its clients. Whenever you call, you
talk to an [23]attorney not a legal assistant or a secretary. Call today at: [24](703) 556-6626
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24. http:
Basic Requirements for Obtaining TN Classication (2013-03-22 08:32)
TN Classication Requirements:
[1] Basic Requirements
To qualify for [2]TN status, the intended U.S. activity must be in a [3]profession and the alien must
possess the necessary credentials to be considered a professional in one of the Appendix 1603.D.1 elds. The
[4]alien must actually perform professional-level activities in the [5]United States. With regard to the aliens
qualications, a bachelors or higher degree is usually required, unless Appendix 1603.D.1 lists alternative
qualications. Equivalency to a required degree through a combination of experience and education will not
be accepted for TN purposes; aliens in this situation must apply for [6]H-1 status.
Designated TN professions
The Canadian or Mexican professional qualifying for the [7]TN category must be engaged in a profes-
sion included in Appendix 1603.D.1 of NAFTA. Among the most useful occupations in Appendix 1603.D.1
are accountants, engineers, registered nurses, architects, [8]lawyers, university-level teachers and research
assistants, hotel managers, librarians, systems analysts, and management [9]consultants.
[10]USCIS issues nal rule adding actuaries and plant pathologists to list of TN professionals.
The minimum requirement for a plant pathologist would be a baccalaureate or licenciatura degree.
The nal rule also removes a requirement under prior regulations that a Canadian present a license to
be admitted as a [11]TN non-immigrant in those situations in which a license is required to practice
the profession in the locality in which services will be provided.
Qualications of TN professional
To qualify for TN status the alien must possess the necessary credentials. When a bachelors or a
61
licenciatura degree is required under Appendix 1603.D.1, a combination of education and experience
equivalent to a bachelors degree will not be accepted. If the alien must rely on a combination of education
and experience, H-1 status should be sought for the alien. Additional points related to specic professions
are discussed below:
1. Canadian Bachelors Degree
A Canadian three-year bachelors degree program satises the degree requirement the important ele-
ment is the requisite degree and not the length of the course of study.
2. Nurses
Canadian nurses may have a [12]Canadian provincial license or a state license issued in the United
States to qualify for TN status. In addition, the nurse must have a license in the state of intended
[13]employment suitable for commencement of employment.
3. Scientic Technician/Technologist
A general oer of employment by a professional in one of the qualifying disciplines is not sucient,
by itself, to establish eligibilitywill be inter-related with that of the supervisory professional.
4. Post-Secondary Diplomas and Certicates
For purposes of designation as a computer systems analyst, graphic designer, hotel manager, indus-
trial designer, interior designer, medical technologist, or a technical publications writer, a postsecondary
diploma means a credential issued, on completion of two or more years of post secondary education, by an
accredited academic institution in Canada or the [14]United States.
5. Certication Requirement for Health Care Workers
IIRIRA renders inadmissible a [15]foreign national seeking to enter the United States for the pur-
pose of performing labor as a health care worker (other than a physician), unless the foreign national presents
certication from a credentialing organization approved by the Department of Homeland Security.
6. Licensure Requirement for Canadian and Mexican TNs
The [16]USCIS issued a nal rule removing a requirement under prior regulations that a Canadian
present a licence to be admitted as a TN non-immigration in those situations in which a license is required to
practice the [17]profession in the locality in which services will be provided.
For more Information about TN Visa Category and Requirements, Please contact Wani & Asso-
ciates P.C. for a free consultation. Call now at: [18](703) 490-1111
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2.4 April
Basic Requirements for Obtaining P-1 Status (2013-04-04 06:53)
General Requirements of P-1 Visa Category:
[1] The P-1 category is set aside for:
[2]Alien athletes who compete individually or as part of a [3]team at an internationally recognized level.
Aliens who perform with, or are an integral and essential part of the performance of, an entertainment
group that has received international recognition as outstanding for a sustained and substantial
[4]period of time.
63
1. P-1 athletes and athletic teams
With regard to athletes and [5]athletic teams, the USCIS rules provide that a petition for an athletic
team must be accompanied by evidence that the team as a unit has achieved international recognition in the
sport. An athlete who will compete individually, and not part of a team, must be accompanied by evidence
that the athlete has achieved international recognition in the sport based on his or her reputation.
Special note regarding players in MLB and the NHL
Under current Service policy, players under contract with teams in Major League Baseball or the Na-
tional Hockey League are merely required to submit their contracts with such teams to establish their [6]P-1
credentials.
2. P-1 entertainment groups
With regard to entertainment groups, the rules provide that [7]P-1 classication can be accorded to the
entertainment group to perform as a unit based on the international reputation of the group; thus, individual
entertainers cannot be accorded P-1 classication to perform separate and apart from the group. With some
exceptions, two principal requirements apply to entertainment groups:
The group must have been internationally recognized as outstanding in the discipline for a sustained
and substantial period of time.
75 % of the members of the group must have had a sustained and substantial relationship with the
group for at least one year and must provide functions integral to the groups performance.
One-year membership Requirement
The one-year requirement can be waived because of illness or unanticipated and exigent circumstances
aecting a group member or when an alien augments the group by performing a critical role.
The one-year requirement is inapplicable to circus performers and essential circus support personnel.
Special note regarding solo entertainers, young artists and new groups
The government has underlined that [8]P-1 petitions may not be approved for solo [9]foreign entertain-
ers. The only basis for approval of a P-1 petition for a single entertainer is when that entertainer will be
coming to the [10]United States to join a foreign-based entertainment group, e.g., an alien orchestra member
coming to the United States to play with an orchestra already on tour here.
3. Positions requiring services of P-1 aliens
With regard to [11]P-1 aliens or groups, the position in the United States must require the services of
the P-1 alien or group under [12]USCIS rules. Thus, for a P-1 alien seeking classication as an athlete in
an individual capacity, the rules provide that the alien must be coming to the [13]United States to perform
services in a competition or event which requires an internationally recognized athlete.
4. P-1 essential support personnel
64
With regard to entertainment groups, the addition of aliens who are an integral and essential part of
the entertainment group is an important revision made by the 1991 Amendments.
[14]Wani & Associates, P.C. is known for its accessibility to its clients. For more information about call at:
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Basic Requirements For Obtaining L-1 Status (2013-04-15 10:06)
Special Requirements for obtaining L-1 Visa:
[1] 1. The employee must have worked abroad for the overseas
company for a continuous period of one year in the preceding three years:
The [2]employee must have completed one continuous year of employment outside of the [3]United States
with the overseas company within the preceding three years before he or she can be transferred to the related
U.S. Company. The [4]USCIS will look at the three years preceding the date of the petition to see whether
the alien has spent the requisite continuous period of one year of employment abroad.
Six-month rule for L-1 transferees under blanket petitions: Legislation enacted in December
2004 restores the one-year pre-employment requirement for L-1 visa applicants ling under the blanket
65
[5]petition program. A 2002 amendment had reduced the one-year employment requirement for L-1s
coming in under blanket petitions to six months.
Part-time employment abroad: A year or more of part-time employment cannot be added up to
meet the one-year abroad requirement, unless the employee has worked part-time for each of several
foreign aliates of the [6]U.S. Company, and the total employment time equals full-time hours.
Intervening employment with unrelated foreign employer: The regulations do not require that
the aliens current [7]foreign employer and the petitioner be related entities, but rather that the alien
must have worked for a qualifying organization for one continuous year within three years preceding
the application for admission to the [8]United States.
2. The overseas company must be related to the U.S. company in a specic manner:
The [9]law states that the company abroad for which the employee has worked for a year abroad
must be the same employer or a subsidiary or aliate of the U.S. company. The meaning of these terms
can become quite complex.
3. The company must be a qualifying organization:
The Company must be a [10]qualifying organization, i.e., one that is doing business in the United
States and one other country during the whole period of the transfer. The qualifying organization concept
arises from the government concern that the [11]L-1 category will be used by owners of small businesses
abroad who transfer themselves to the United States.
4. The employee to be transferred must have been employed abroad in an executive
or managerial position or a position involving specialized knowledge:
The meaning of the terms executive, managerial, and specialized knowledge can also be quite
complex.
5. The employee must be coming to the U.S. Company to work in an executive, man-
agerial, or specialized knowledge capacity:
The employee does not have to render services in the same capacity in the United States that he
or she lled abroad. For example, a specialized knowledge [12]employee abroad may be coming to the
United States to ll a managerial position.
6. The employee must he qualied for the position by virtue of his or her prior educa-
tion and experience:
The [13]USCIS requires that proof of the [14]aliens qualication for the job be submitted with the
[15]L-1 petition.
7. The L-1 alien must intend to depart the United States upon completion of his or
her authorized stay (including extensions), but may also pursue permanent residence at the
same time:
For most [16]companies, a simple armation that the transferee temporarily will depart the United
States upon completion of his or her authorized stay is sucient. When the transferee is also an
owner/operator of the company, however, the papers must be accompanied by evidence that the employee
66
will not remain indenitely or permanently in this country.
8. Special requirements applicable to Canadian and Mexican intracompany transferees
under NAFTA:
[17]NAFTA contains a strike provision which is only applicable to Canadian and Mexican intracom-
pany transferees; under the strike provision, the [18]USCIS may deny a petition for [19]L-1 classication,
suspend an approved petition, or deny entry to a citizen of Canada or Mexico if a strike or work stoppage
has been certied by the Department of Labor in the place of intended employment.
If you are a potential [20]immigrant or are already in the United States, an immigration lawyer
Fairfax can help you nd successful answers to many of the legal issues that foreign citizens face. Please
contact Wani & Associates for a [21]free consultation. We can be reached by telephone, fax, or by lling out
the client [22]intake form. Call Now at: [23](703) 556-6626 or Visit our Website: [24]http://www.wanilaw.com
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67
What is the Procedure for obtaining L-1 Visa Status? (2013-04-26 09:03)
The process for obtaining L-1 status:
[1] 1. Prepare the Preliminary Papers
There are three components to the papers the [2]employer must prepare:
The [3]petition
The companys letter supporting the petition
Documents supporting the petition
When the employee is coming to establish a new oce-one in existence for less than a year-the papers
must contain special elements not included in other types of petitions. These special elements are
highlighted in the following sections and should be reviewed carefully in the case of companies in
existence in the U.S. for less than one year. Under the [4]USCIS regulations, a petition for a transferee
coming to a new oce can only be approved for an initial period of one year; extensions up to the full
outer limit on stay are possible after the one-year initial period, provided the new oce is established
and doing business by that time, and an overseas aliate remains in operation as well.
When a company has used the [5]L visa category to bring to the U.S. at least 10 managerial, executive,
or specialized knowledge professional employees in the preceding 12 months, it may be eligible to use
the [6]L-1 blanket petition program. Other standards exist as well in determining whether a company
is qualied for the L-1 blanket petition program. The procedure for this program, which enables
companies to cut back dramatically on their paperwork and issue their own certicates of eligibility to
their transferees, is dierent than that for individual petitions.
2. Submit the Papers
All papers, together with the correct ling fee, must be submitted to the USCIS service center with jurisdiction
over the place of intended employment.
3. Have the employee obtain an L-1 Visa
After obtaining the approval notice from the USCIS, the employer can give it to the employee to take
with him or her to a [7]U.S. consulate abroad to obtain a visa to enter the United States. Unless the employee
68
is a Canadian citizen or a landed [8]immigrant of Canada from a British Commonwealth country, he or she
must obtain a visa to enter the [9]United States after receiving the approval notice from the [10]USCIS. The
approval notice is not enough to get the employee into the United States by itself.
Preparation of the Papers
Preparing the petition (Form I-129)
A petition to transfer any alien employee to the [11]United States is made on Form I-129 and L Sup-
plement. When dealing with Form I-129 and the L Supplement, keep the two points discussed below in mind:
Form I-129 and the [12]L Supplement must he completed in duplicate and executed in duplicate.
The second copy of the form may be a carbon or other reproduction of the original, but original signatures
must appear on both.
Family members ([13]spouses and unmarried children under 21) are automatically included in the initial
petition.
A separate form need not be led for family members of the principal beneciary. When the [14]petition is
approved, however, they will need to le separate applications at the U.S. consulate to obtain entry visas.
Note, however, that family members are not automatically included when Form I-129 and L Supplement
are led for the principal aliens extension of stay or change of status to the [15]L category. In those cases,
Form I-129 must be led for the family members concurrently with the principal [16]aliens Form I-129 and L
supplement.
[17]WANI & ASSOCIATES, P.C Attorneys and Counselors at Law provide a wide variety of immigra-
tion services in the states of Maryland and Virginia as well as District of Columbia. We have three oces
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Alena (2013-05-09 11:31:01)
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wanilaw (2013-05-13 08:47:29)
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2.5 May
What is the Procedure for Canadian TN Professionals? (2013-05-03 11:12)
General Procedure:
[1] Procedures for the classication of a [2]Canadian citizen as
a [3]TN professional under NAFTA are substantially similar to those under the FTA. As under the FTA,
Canadian professionals may enter the [4]United States under NAFTA without the requirement of a USCIS
petition approval required in the [5]H-1 category; these professionals can enter the United States simply by
providing documentation at the port of entry that they are engaged in one of the designated professions,
and that they possess the requisite educational credentials to qualify in the listed profession. [6]Canadian
professionals are designated as TN-1 non-immigrants as distinguished from the TC classication under the
FTA.
Preparation of the TN application
70
Canadian professionals seeking admission to the U.S. in the [7]TN category must present the case for
admission at the port of entry. No prior petition, labor certication, visa or other approval is required of
Canadian citizens seeking admission as [8]TN non-immigrant. The major ports of entry now have Customs
and Border Protection ocers designated to adjudicate NAFTA applications.
Presentation of the TN application
Canadians seeking [9]TN status may apply at major ports of entry, airports handling international
nights, or at U.S. preclearance stations in Canada.
Such applications are made in conjunction with applications for admission and must be led in person.
The Service has recently revised its eld instructions to provide that ports of entry and preclearance
stations can no longer accept advance lings of [10]TN applications under NAFTA submitted by
Canadians.
Family members of the TN applicant: TD non-immigrants
Under the PTA, [11]spouses and unmarried minor children of a TN applicant were admitted to the United
States as [12]B-2 non-immigrant. NAFTA created a separate non-immigrant category for such dependents;
under NAFTA, the spouse and unmarried minor children of a TN applicant who are also Canadian citizens
are admitted to the United States as TD non-immigrant. No separate application needs to be made for family
members and no ling fee need be paid for them. If the family members are entering the [13]U.S. after the
principal TN applicant has been admitted, they should present a certied copy of the aliens I-94 form which
was given to the alien upon admission to the [14]United States.
Processing of the TN application, Admission, and Re-entries
TN applications are processed in the same manner that TC applications were processed under the PTA.
When the application is submitted at the port of entry with the $50 ling fee, the [15]applicant will be
given a ling receipt on Form G-211, G-711, or I-797.
As under the FTA, admission will be granted for a one-year period, which will be indicated, along with
the TN classication, on an I-94 form given to the applicant.
The one-year period of admission is good for any number of re-entries during the one-year [16]period.
Increased Screening at Ports of Entry
Upon seeking admission to the United States, [17]foreign nationals should expect more thorough screening
procedures at airports and other ports of entry. Visa validity and identity will be checked in DHS and other
law enforcement databases. Foreign nationals will be subject to more questioning by immigration ocials
about immigration status, travel history, the purpose of the visit, background, [18]employment and other
issues. During re-entry, foreign nationals should be patient and answer all questions clearly. Omission or
misrepresentation of information can result in denial of admission. If detained by immigration authorities,
foreign nationals should note that they are not entitled to legal representation at the port of entry, but may
ask for permission to contact an [19]attorney if the need arises.
71
Automated entry programs for Canadian nationals
Canadian business persons are eligible to participate in a special program designed to expedite the en-
try of frequent business travelers at selected international airports. The Passenger Accelerated Service
System (INSPASS) was initially instituted for a six-month test period, but has been extended and expanded.
The program is essentially an automated immigration inspection system that eliminates the live inspection
interview for frequent business travelers and signicantly reduces traveler processing time.
If you have any questions, our oce in [20]Wani & Associates will be happy to help you. Please feel
free to Contact Now: [21]1-866-755-9264 .
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How to change of Status to the J-1 Category? (2013-05-13 10:10)
Change of Status to the J-1 Category:
72
[1] Generally
There are occasions when an [2]alien who qualies for [3]J-1 status is already present in the U.S. in a
dierent [4]non-immigrant category. For example, a foreign employee may be present in the [5]U.S. to attend
a series of meetings or conferences with management and executives of his or her companys U.S. parent
([6]B-1 visa category). During the course of these meetings, management may determine that the alien has
demonstrated business acumen that makes him or her strong candidate for eventual placement in a managerial
or executive position with the overseas subsidiary.
Preparing the papers for a change of Status Application
Assuming that a change of non-immigrant [7]status does not raise any problems-as when, for example,
the alien has been engaged in [8]practical training in the U.S. under a dierent [9]non-immigrant visa. The
following paperwork must be prepared:
1. Form DS-2019 (including one for each family member including in the change of status application)
2. Form I-539
3. Supporting documents
4. I-94 forms for alien and family members
5. Filing fees
Each of these elements are discussed below:
Form DS-2019
This form must be properly executed by the program sponsor and the intending participant. Keep in mind
that some program sponsors, e.g., for umbrella programs, will not issue the Certicate of Eligibility if the
alien is present in the [10]United States. Under such a restriction, the alien would be precluded from changing
his or her status while in the U.S. and would have to apply for the visa at a [11]U.S. consulate.
Form I-539
Form I-539 should be used to request the change of status. Box 1.b. of Part 2 of the form should be checked
for a change of status, and [12]J-1 should be written in the appropriate space.
Supporting Documentation
73
It is advisable to submit a letter from the [13]company or organization with which training will be undertaken
explaining the reasons for training the alien e.g., career development. Also, a description of the nature of the
training that the alien will receive should be included.
Copy of Form I-94 for the J-1 alien and each family member
Form I-94 is given to each alien upon his or her admission to the U.S. The alien is required to keep this
document in his or her possession, as it indicates the [14]period of authorized stay, as well as the non-immigrant
category under which the alien was admitted.
Correct ling fee
The [15]USCIS charges a standard ling fee for any I-539 ling, regardless of the number of co-applicants
listed on the form; all family members can be included in the same application.
Visa renewal and travel while application is pending or after application is approved
The [16]USCIS approval of the change of status application gives the exchange visitor the right to re-
main in the U.S. subject to the conditions of the [17]J-1 category. However, if the student leaves the United
States, he or she cannot reenter without rst obtaining a J-1 visa from a U.S. consulate outside of the U.S.
This visa is obtained in much the same way that the original visa would be obtained if the exchange visitor
applied from abroad for student status.
Persons Ineligible for a change of Status
Persons who are not eligible to change their status in the [18]United States (e.g., they are out of sta-
tus or engaged in unauthorized [19]employment), must apply for a J-1 non-immigrant visa abroad unless
they are able to justify a late application. The documentation to be submitted in connection with a J-1 visa
application. It should also be noted that persons who are in unlawful status for signicant [20]periods of time
(181 days or more) may be subject to new grounds for inadmissibility upon their departure from the United
States. Persons subject to the new inadmissibility grounds are ineligible for non-immigrant or immigrant visa
issuance for three or 10 years, depending on the length of the period of unlawful presence. Agency guidance
on the new inadmissibility grounds, which were added by the IIRIRA.
[21]Wani & Associates, P.C. is known for its accessibility to its clients. For more information about call at:
[22](301) 434-1666 or Visit: [23]http://www.wanilaw.com
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2.6 June
Basic Information about Immigration Based on a Family Relationship (2013-06-28 07:24)
The Application Process of Immigration Based on a Family Relationship:
Generally
[1] [2]Permanent resident status, symbolized to many people by the so-called
[3]green card (which is actually pink or light blue, depending on the edition), confers on [4]foreign nationals
75
the right to live and work in the [5]United States without time limitations. Although there are several other
bases for obtaining permanent residence, e.g., the diversity [6]immigration program created by the 1990
Act, the two most common are through close family ties to [7]U.S.Citizens or other permanent residents, or
through employment in the United States, usually based on a job of-fer from a U.S. employer.
With regard to both means for obtaining [8]permanent residence, Congress has designated those groups to
whom it gives preference in immigrating to the United States. The following family-based groups have been
designated by Congress as groups eligible for permanent residence:
Immediate relatives of U.S. citizens (immigrants eligible for immediate relative status)
Other close family members of U.S. citizens (immigrants eligible for classication in the rst, third, and
fourth family-based preferences)
[9]Spouses and unmarried sons and daughters of permanent residents (immigrants eligible for classica-
tion in the second family-based preference)
With regard to all other family-based groups, only a limited number of [10]immigrant visas are available
within the annual cap for each foreign state and within each preference category.
The State Departments Visa Oce keeps track of assignments of immigrant visas within the preferences,
and by country, to assure that the numerical limit placed on each category and for each country are
not exceeded.
An [11]immigrant visa is assigned based on the aliens priority date.
For persons seeking immigration through close family relationships, the priority date accorded the
[12]alien is the date the immigrant visa petition is led with the [13]Immigration Service.
The Application Process
The procedure for obtaining permanent residence involves two steps. First, the U.S. citizen or permanent
resident relative must sponsor the noncitizen for permanent residence. The relative les a petition with the
Immigration Service to have the alien, who is the beneciary of the petition, classied as a person qualied
to immigrate. In some cases, principally with regard to spouses of deceased citizens and battered spouses and
children eligible for [14]self-petition benets, a sponsor is not required. In these cases, the foreign national
may le a petition on his or her own behalf.
The permanent residence petition led with the Immigration Service to have the alien classied as a
qualied immigrant is not the nal step to obtain permanent resident status but is rather a necessary
preliminary step.
Once the alien is found qualied within one of the groups to which Congress has given preference for
immigration, he or she can then apply for permanent residence status.
76
This application is often made at a [15]U.S. consulate outside of the United States.
In most circumstances in which the alien is already in the United States, however, the application can
be made here to adjust status to that of a permanent resident.
Family Members of prospective Immigrants
Family members of individuals eligible for immediate relative status cannot [16]immigrate unless each of
them also qualies as an immediate relative (e.g., based on their relationship to the U.S. citizen sponsor).
No derivative status may be accorded to family members of foreign nationals eligible for immediate relative
classication. Because eligibility for immediate relative classication must be established on an individual
basis, a separate petition must be led on behalf of each family member.
There are two exceptions to the general rule:
1. The children of an individual who qualies for immediate relative status as the spouse of a deceased citizen
are entitled to derivative classication.
2. The children of an individual eligible for self-petition benets as the battered [17]spouse of a citizen are
also entitled to derivative classication.
If the exceptions do not apply, and the family member does not qualify as an immediate relative (e.g., based
on his or her relationship to the U.S. sponsor), he or she may later qualify for immigration once permanent
residence is obtained by the immediate relative immigrant (e.g., as a second preference child of a permanent
resident).
Conditional residence granted to certain family-based immigrants
Some aliens-those who are spouses of U.S. citizens or permanent residents-might not obtain a nal grant of
permanent residence even when they have been admitted to the [18]United States with an immigrant visa or
receive approval of an adjustment of status application. Certain spouses of citizens or residents are granted
permanent residence conditionally, dependent on their remaining married for two years after the grant of
residence. Residence granted on a conditional basis applies only when the marriage was entered into within
two years prior to the grant of residence.
A United States Permanent Resident Card, also known as a [19]Green card, is a proof of permanent resident
status of an alien or outsider in the United States of America. Visit [20]http://www.wanilaw.com for best
services. [21]Wani & Associates, P.C is known for its accessibility to its clients. Whenever you call, you talk
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2.7 July
Requirement for Permanent Residence based on a Family Relationship (2013-07-19 08:56)
Immediate Relatives of U.S. Citizens
[1] Generally
Persons who qualify as immediate relatives of [2]U.S. citizens are so highly preferred as candidates for
[3]immigration that, unlike most other candidates, no numerical limitation is placed on the number of imme-
diate relatives of citizens who may become [4]permanent residents in any one year. The following aliens can
qualify as immediate relatives of U.S. citizens:
[5]Spouses of U.S. citizens
78
Children of U.S. citizens (provided child is unmarried and under the age of 21 years)
Parents of U.S. citizens (provided citizen is 21 years of age or older)
Spouses of U.S. citizens
A person who marries a citizen can qualify for immigration in this category. The marriage must not
be a sham, of course-that is, one entered into in order to obtain an immigration benet. The marriage
must be legally entered into that is, both parties were free to marry, all prior divorces were legal, and the
marriage formalities themselves are recognized as [6]legal in the jurisdiction where the marriage occurred.
The marriage must still legally exist-the parties cannot be divorced or legally separated. But the marriage
need not be viable even if the parties are separated, if they have not entered into a legal separation agreement
or gotten divorced they still have a valid relationship for immigration purposes.
The spouse of a citizen whose marriage was created within two years prior to being granted permanent
residence is granted residence on a conditional basis. He or she is a full permanent resident in all respects-
eligibility for employment, ability to travel freely in and out of the [7]United States, accumulation of time
toward compliance with residence and physical presence requirements for [8]naturalization as a U.S. citizen-but
that residence is subject to termination within two years after it is granted if the marriage has terminated by
divorce or annulment during that period, or the marriage turns out to be sham.
[9]Spouses of deceased citizens qualify as immediate relatives for whom immigration may he sought
under some circumstances.
In order to qualify, the alien must have been the spouse of the deceased citizen for at least two years
and must not have been legally separated at the time of the citizens death.
The [10]alien spouse must le an immediate relative immigrant visa petition within two years after the
date of death and must still be unmarried at that time.
Alien spouses seeking residence on this basis must use a dierent form than other [11]family-sponsored
immigrants.
The unmarried minor children of the alien spouse may be included in the [12]petition as well.
Children of U.S. citizens
Children of U.S. citizens are also eligible to immigrate. Note that child is strictly dened in the [13]immi-
gration law. The citizens child must be unmarried and under the age of 21 years.
Children born in wedlock automatically qualify, and may be [14]petitioned by either citizen-parent.
Children born out of wedlock to citizen-mothers also qualify.
A citizen-father may petition for his child born out of wedlock only if the child was legitimated prior to
the age of 18 and the child is in the legal custody of the citizen-father, or the citizen-father has or
had a bona de parent child relationship with the child.
Adopted children may also qualify, but only if the adoption was nalized prior to the childs l6th
birthday and certain procedural requirements with regard to the adoption have occurred.
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Stepchildren may qualify if the step relationship was established before the childs l8th birthday.
Parents of U.S. citizens
Parents of U.S. citizens are eligible to immigrate as immediate relatives, but only if the citizen is 21
years of age or older. The citizen must be able to qualify as a child of the parent according to the rules just
outlined, except of course that the citizen must be over the age of 21 and can be married. To determine
whether a parent [15]qualies for immigration, then, it is essential to look at the parent-child relationship in
the same way as you would if you were determining whether a child would qualify.
Special issues regarding immediate relatives
There are several important points to keep concerning immediate relatives:
[16]Family members of the immediate relative cannot immigrate unless each of them also qualies as
an immediate relative. Example: A U.S. citizen marries a foreign national who has a 19-year old child.
The foreign national can immigrate as an immediate relative, but the child does not qualify as a child
of the citizen, since the step relationship did not exist before the childs l8th birthday, and the child
is too old to qualify through adoption. The child cannot [17]immigrate as an immediate relative of a
citizen. Once the foreign national becomes a permanent resident, however, the child may qualify as a
son or daughter of a resident.
Qualifying as an immediate relative of a citizen has several advantages, but one disadvantage. Since
an unlimited number of such aliens can immigrate each year, there is never a waiting list for visas.
Thus, if such aliens are already in the U.S., and they meet all the other requirements for adjustment of
[18]status they can always apply for adjustment of status.
Because the immediate relatives of U.S. citizens (spouses, minor children, Parents) are not subject to
an annual cap on entry as are all other family-sponsored immigrants, an immigrant visa is considered
to be immediately available to these individuals. In reality, however, due to [19]USCIS and consular
processing delays, it may still take up to a year for these family members who are outside of the country
to enter the U.S. Because they are presumed to be intending immigrants, however, they are not eligible
to receive a non-immigrant visa to visit their petitioning U.S. citizen relative during the pendency of
the process.
[20]WANI & ASSOCIATES, P.C Attorneys and Counselors at Law provide a wide variety of immigration
services in the states of [21]Maryland and Virginia as well as District of Columbia. Call now at: [22](703)
556-6626
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2.8 August
Information of Close Family Members of Citizens or Permanent Resident
(2013-08-31 04:41)
Categories of Other Close Family Members of the Citizen:
Other groups of family members of [1]citizens or [2]permanent resident aliens can qualify to immigrate to
the [3]United States, but are not considered as preferred as immediate relatives of citizens. As such, these
aliens are subject to a numerically-limited number of [4]immigrant visas available to them each year. Since
only a limited number of visas are available, Congress has divided these groups into preference categories,
ranking them in the order in which they are preferred for immigration. The higher the preference, the more
quickly a visa will be allotted to the alien.
[5]
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The following categories are those to which Congress has given this preference:
1. Unmarried sons and daughters of citizens
2. [6]Spouses and unmarried sons and daughters of permanent resident [7]aliens
3. Married sons and daughters of citizens
4. Brothers and sisters of citizens
1. Unmarried Sons and Daughters of Citizens (Family First Preference)
The rst family-sponsored preference is set aside for unmarried sons and daughters of [8]U.S. citizens,
the same as the old rst preference. This preference is assigned 23,400 annual visas, plus any visas not used
by the fourth family-sponsored preference. This group does not qualify as immediate relatives because the
sons and daughters are 21 years of age or older. The sons and daughters must have qualied as [9]children
of the citizens when they were under 21. The rules for determining whether a son or daughter was a child,
a strictly dened term under the [10]immigration law.
The [11]spouse and minor children of rst preference immigrants can immigrate with them. The spouse
and children of the principal alien are entitled to derivative classication and they are charged against
the visa allotment for the same preference as the principal alien. A separate [12]petition is not required.
There is a waiting list for visas to immigrate in this category, regardless of the aliens country. First
preference immigrants should expect to wait at least three years to complete the [13]green card process.
For certain nationalities, the wait is longer.
2. Spouses and Unmarried Sons and Daughters of Permanent Residents (Family Second Pref-
erence)
The second [14]family-sponsored preference is set aside for two groups: preference 2A includes spouses
and minor children-the immediate family members-of permanent residents, and preference 2B includes unmar-
ried adult sons and daughters of residents. The entire preference category is allotted a minimum of 114,200
annual visas. Any visas unused by the rst family-sponsored preference will go to the second family-sponsored
preference. Seventy-seven percent of the annual visas goes to the 2A subpreference, and the other 2B goes to
the 2B subpreference.
The sons and daughters of residents must either presently qualify as children as that term is strictly
dened in the [15]immigration law, or have qualied as children when they were under 21 years of age.
Note the following additional points:
The spouse and [16]minor children of second preference immigrants can immigrate with them.
Spouses of permanent residents whose marriage was created within two years prior to the grant of
permanent residence are given residence on a conditional basis.
There is a waiting list for visas to [17]immigrate in this category, regardless of the aliens country.
Spouses and minor children of legal permanent residents (the family 2A second preference category)
should expect to wait at least ve years to complete the green card process.
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Certain spouses and minor children of permanent residents with pending permanent residence papers
may be eligible for non-immigrant benets under legislation enacted in 2000.
3. Married Sons and Daughters of Citizens (Family Third Preference)
The third [18]family-sponsored preference is set aside for married sons and daughters of U.S. citizens.
The preference is allotted 23,400 annual immigrant visas. Any unused visas from the rst and second
family-sponsored preferences are also assigned to this category. This group does not qualify as immediate
relatives because the sons and daughters are married (and some of them are also 21 years of age or older). As
with those qualifying as unmarried sons and daughters of citizens in the rst preference, those qualifying in
this group must have qualied as children at one time as that term is strictly dened in the [19]immigration
law.
The spouse and minor children of third preference immigrants can immigrate with them.
There is a waiting list for visas to immigrate in this category, regardless of the aliens country. Third
preference immigrants should expect to wait at least six years to complete the green card process.
4. Brothers and Sisters of Citizens (Family Fourth Preference)
The fourth family-sponsored preference includes the brothers and sisters of [20]U.S. citizens, provided
the citizen is at least 21 years old. It is allotted 65,000 annual visas, plus any visas not used in the rst three
family-sponsored preferences. Brothers and sisters of citizens can qualify for [21]immigration if the citizen is
21 years of age or older.
The spouse and minor children of fourth preference immigrants can immigrate with them.
There is a waiting list for [22]visas to immigrate in this category, regardless of the aliens country.
Fourth preference immigrants should expect to wait at least 12 years to complete the [23]green card
process.
At [24]Wani & Associates, we have [25]professional and experienced criminal attorneys, immigration attorneys,
[26]family law attorneys, [27]bankruptcy attorneys and automobile accident attorneys. We can ght for your
rights in the courts of the [28]Virginia, [29]Maryland, DC, Pakistan, and India.
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2.9 October
VA Bankruptcy Lawyer: How To Hire Bankruptcy Attorney (2013-10-08 11:05)
Things to Think about before Hiring a Bankruptcy Attorney
If you are accruing unmanageable debt, facing a nancial crisis, and are being harassed from your creditors
and collectors with no way to avoid the multitude of collection calls and letters, it is the time to consider
[1]ling for bankruptcy. The process of ling for [2]bankruptcy is a demanding and complex legal process
which requires the [3]expertise of an experienced and [4]well qualied bankruptcy attorney.
Hiring the [5]services of a professional [6]bankruptcy attorney requires considerable planning and
diligence on the part of the bankruptcy debtor (you). Furthermore, the following essential points should also
be taken into account:
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1)Do not procrastinate on your plan to alleviate your nancial crisis. If you contemplate
[7]
Need Help?
Click and ll out Request Information form
your plan to [8]le for bankruptcy, your property or regular income may be subject to garnishment.
In such a case, your attorney will not be able to reclaim lost income seized prior to ling for bankruptcy.
2)Be forthcoming with your attorney. Asking for your [9]attorneys advice and the strategy the at-
torney has developed will inform you of the bankruptcy process and the likely outcome concerning discharges
of your debts. Ensure your attorney is well versed in his knowledge of the [10]bankruptcy process. Bankruptcy
is a unique and multifaceted legal eld and requires professional knowledge of bankruptcy practice. The best
places to research potential attorneys is through the local and state bar association, and additional legal
practice groups.
3)Make sure you are condent about the [11]legal expertise and experience of the attorney you are
considering employing. This is an important decision and, as the debtor, you must make certain you are
actively involved in the bankruptcy proceedings and certain your attorney is capable of successfully managing
your nancial concerns.
4)Use the Internet, newspapers and other media forums to [12]contact a reliable attorney who can
eciently manage your situation and cater to your specic needs. Seek websites listing [13]bankruptcy
attorneys and their ratings. After reviewing bankruptcy attorneys, consider visiting their law rm websites
for further details concerning the attorneys experience and practice locations.
5)Seek [14]reputed attorneys who provide free consultation. This will allow you to explain your -
nancial situation and receive free legal advice as to how the attorney will proceed with your case. An
[15]experienced attorney may have other options aside from ling for bankruptcy. A [16]free consultation will
not only allow you to explain your unique and individual situation but also enable you to choose the best in
bankruptcy attorney.
6)Once you have selected the attorney whom you want to represent you, go for an interview with the attorney.
This interview will help you to determine whether you can work well with attorney and the rm employing
him. You can probe the attorney and other legal professionals at the rm the following details:
"Number of [17]bankruptcy lings they normally undertake in a month or year,
"Number of consumer or personal bankruptcy lings
"If attorney himself is not handling the case, with whom would you work then
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"Meeting that person in charge of your ling
"About the procedure
This interview process will help you to not only to evaluate your attorneys competence but also
the level of knowledge of his clerks or paralegals who may be handling aspects of your case. Carefully consider
the responses to your questions during the interview before deciding about employing an [18]attorney. Always
choose an attorney according to your personal requirements and obligations.
7)Consider the business relationship between you and [19]your attorney, so that no stone is left un-
turned when ling of your bankruptcy petition. Also, once you have hired an attorney consult with the
attorney during the [20]bankruptcy process so you will be fully informed of the status of your case.
8)Any bankruptcy attorney you hire should be highly verse in the bankruptcy procedures and pro-
cesses, including petition preparation and 341 Creditor meetings. Ensure you are accurately conveying
essential[21] information about personal details and nancial records.
9)Verify the fee structure and specics of ling your [22]bankruptcy case. Your local bar associa-
tion can help determine whether the fee charged is fair and in line with the dened local fee structure.
Also[23] inquire as to any additional costs you may be required to pay aside from the attorneys feed.
10) Above all, remain active and involved in your case, and do not leave everything on your attor-
ney. Respond promptly to your attorneys request for nancial documents and other issues concerning your
case. This proactive approach will allow your attorney to zealously and meticulously process your case and
ensure your [24]bankruptcy proceedings go smoothly.
If your debts are overwhelming you, and other relief measures are not helping, an experienced and professional
bankruptcy attorney from[25] Wani & Associates can help you eliminate your debts and repair your credit
rating. [26]Contact Wani & Associates, P.C. for expert debt advice and skilled legal assistance to explore
[27]how ling for bankruptcy can eliminate your debts and provide you with a fresh start in your nancial
aairs.
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2.10 November
How to hire USA Investor Visa Attorney? (2013-11-06 08:36)
[1]Investor Visa armors the foreign investors with Green card i.e. it provides the alien investors along with
their partners and children under 21, the opportunity to be the lawful permanent residents of USA.
[2] Investor Visa Attorney in VA | DC
| MD
The investors become permanent US residents after holding the [3]green card for ve consecutive years.
Obtaining[4] US investor visa is a very perilous task and it is always recommended to hire a credible [5]in-
vestor visa attorney very perilous task and it is always recommended to hire a credible investor visa attorney,
who is experienced and ecient to handle the case and as well acknowledged about each and every detail and
step involved in the application process. Obtaining [6]US investor visa requires, your diligence and intelligence
and experience on your lawyers part. So before hiring an investor visa attorney, look up for below listed
87
details:
Contacting AILA (American Immigration Law Association) can be proved highly benecial for locating
a [7]credible investor visa attorney. It is national bar association having over 7,500 attorneys practicing
[8]immigration law practice only. To approach an attorney through AILA, you may visit their website,
call or email them. They will not only provide you with the [9]best attorney within your area but also
according to your specic requirements.
Visit ABAs (American Bar Association) website. ABA is a national bar association with more than
400,000 attorneys, practicing in dierent law elds. This website provides you general information
regarding US legal system and will also help you hire an attorney accordingly.
USCIS(United States Citizenship and Immigration Services) website may also be very benecial and
helpful to you in locating an [10]investor visa attorney, as this website is linked up with various external
resources and provides you the access to the same.
Consider whether the attorney primarily and promptly practices and has mastered immigration law
i.e. he must be an expert in US Immigration and Nationality law and should be well versed in all the
nuances and complexities related to it.
Determine whether the attorney whom you want to hire can make complex terms and conditions of
investor visa application clear to you. In other words, ling for investor visa requires lot of paper
work and most of the terms and conditions mentioned in the papers are in legal language that are not
comprehensible to an average person. Only a [11]diligent attorney can make and relay these terms
clearly to an applicant and can judge whether or not an applicant is eligible to apply for the investor
visa and if he is, then what steps should be taken to le his visa application.
Probe, whether he can regularly update you regarding your legal progress through either through
mailing or by [12]contacting you directly.
Every applicant has his own specic conditions and requirements to apply for investor visa i.e. every
investor visa case is unique and exclusive in itself. So go for the [13]attorney who can cater to your
specic requirements and needs.
Make sure whether the fees charged by the attorney is in compliance with your geographical location
and immigration matter. These two factors play vital role in discerning the fees of an attorney. Make
inquiries about his [14]initial consultation fees; if there is any, how much does he charge?
Also consider whether the attorney charges at rate or hourly rate and if he charges at rate, whether
the miscellaneous items like mailing, copies are included or excluded and also if it incorporates the
appeal for a pre-denied petition.
As USA immigration law is ever changing and complex, it is always wise and recommended to choose
an attorney who is abreast with regular changes made in the law and always stays on top of those
changes and counsels you accordingly.
US immigration law is intricate and changes constantly, so [15]contact [16]Wani and Associates P.C. law rm
that provides you with the top notch legal counsel, services and representations. Our compassionate and
experienced Investor law attorneys recognize and realize the complexities included within the process and
thus provides you with the sound and best legal advice and representation.
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2.11 December
How to Hire a Family Law Attorney? (2013-12-16 07:00)
Family Law Attorney
[1]Family Law Attorneys are those who handle and practice in legal matters related to familial issues like
marriage, adoption, child custody, foster care, divorce and guardianship of minor children, adults with special
needs or the elderly people. Certain [2]family law attorneys pursue in a specic niche while others oer a
wide range of [3]services.
Why is it benecial to hire a Family Law attorney?
Hiring a competent [4]family law attorney can bestow you with huge benets involving:
It heightens your chance of being successful in case of specic family issues like; child custody, spousal
support, domestic violence, divorce, child abuse and many more.
89
[5]Family laws are very strict and dierent for every state in US. Only an experienced and educated
family law attorney can guide you through all these complex legal procedures.
It eliminates the chances of any complicated legal problems in the near future.
[6]Legal services of a skilled lawyer can help you to avoid the mistakes those are likely to be made due
to incomprehensible legalese (legal language).
What are the qualities of a competent Family Law attorney?
He must be specialized in the State family law; as the guidelines of family law diers from state to
state.
He must have experience in [7]handling family law issues; only then he can understand what are their
clients urgencies and needs.
An[8] experienced attorney is able to assess the pos and cons of each situation and thus take right steps
or make right moves to overcome the possible hurdles.
A [9]skilled attorney should be well acknowledged about the paper work involved and as well the
negotiation process involved in the procedure.
He should keep you well informed about the visitation schedules and time agreements as well.
A competent attorney should be objective in giving his opinion; only then he can work for the best
interest of his clients.
Try to go for the [10]attorney, who has cordial sta; as most of the time you will be working with
attorneys assistants or paralegals in case of returning your calls and preparing your pleadings.
A [11]skilled family law attorney should be board certied. As to get certied, they need to go through
extensive trials and rigorous tests which in turn also enhance their knowledge and experience as well.
Always go for the attorney who seems reliable and dependable; as you have share highly condential
and personal information with him.
It always works the best if you [12]hire the attorney who is located in the county where you or the
other party is going to le. As it would be very benecial for you and your attorney as well if he is
familiar with the judges, court sta and other attorneys involved in the case.
Go for the attorney who provides you with the copies of all the correspondence received and sent related
to you case.
He should have sucient courtroom experience, so that he can adept his legal strategies and style
accordingly.
He should be qualied to provide necessary counsel whenever and wherever required.
How to locate a good Family Law attorney?
Search [13]websites oering directories of attorneys like; LawInfo, FindLaw, Lawyers.com.
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Look for attorneys ads in local yellow pages.
Locate for legal referrals in American Bar Association Org.
Consult multiple lawyers before selecting the one to deal your case.
Check online reviews about attorneys on sites like; Awo, FindLaw, Martindale Hubble, Yahoo Local.
How much will a family law attorney charge?
For one time events like name change or pre-nuptial agreement, attorney may charge at fee.
Cases which require extensive hours of research and multiple court appearances are billed hourly.
Make enquiries about what an attorney would charge for the services of his secretary or paralegals.
[14]Contact Wani and Associates, for [15]expert legal advice. Our well acknowledged attorneys
are always at you beck and call to help you out of any of the adverse situation.
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Chapter 3
2014
3.1 January
EB-5 Investor Visa (2014-01-06 06:04)
Green Card Through Investment or Investor Visa
What do we mean by Green Card?
[1]Green Card, ocially known as United States [2]Permanent Resident Card (USCIS Form I-551), is
verication or identication card and as well is a lawful proof of permanent resident status of an alien in the
U.S. It attests the fact that its holder, a lawful permanent resident (LPR) has ocially been provided with
immigration benets including; permission to work and reside in U.S. It is mandatory for all the [3]United
States lawful permanent residents to carry their physical green card itself all the times.
Green Card can be acquired through dierent means or ways:
Green Card through family
Green Card through a job
[4]Green Card through investment
[5]Green Card through Refugee or Asylee Status
Green Card through Diversity Lottery
Green Card through The Registry provisions of Immigration and Nationality Act
What is Green Card through investment or [6]Investor Visa (EB-5)?
[7]EB-5 or ocially referred as [8]Immigrant Investor Program was created by Congress in 1990, to re-
store and revive American economy through job creation and as well through capital investment by foreign
investors. It also provides the investors with the freedom to choose or take any job, run any business and to
live and retire anywhere in America.
What are the [9]eligibility criteria for Investor Visa (EB-5)?
93
You must invest $1000,000 or at least $ 500,000 in United States commercial enterprise or in Targeted
Employment Area (TEA)
You must have the plan to create 10 permanent full time jobs for the qualied United States workers
(excluding the investors and their immediate families)
You have an approved Form I- 526, Immigrant Petition by Alien Entrepreneur
You are admissible to U.S.
The money you invest must be lawfully obtained
You must actively participate in the business either in managerial or policy forming role.
You must invest in new commercial enterprise either by creating new original business, buying a business
established after Nov. 29, 1990 or buying a business and restructure or reorganize it.
Once the foreign investors petition is approved, the investor and his dependents will be provided with
conditional permanent residence for two years.
What are the potential benets of EB-5 Green Card?
[10]Green Card through Investment provides you multiple benets including:
You can choose to invest and live anywhere in U.S.
Approximately after rst 3 years, you are free to work for any other company or may not work at all.
Your spouse and children under 18 automatically get Green Card as accompanying relatives.
One investment can secure Green Card for whole of the family.
You can take or run any business.
Person of any nationality can apply.
No specic language is required.
Enjoy same privileges as U.S. citizens viz.
1. Free public School Education
2. Similar University fees
3. Access Medicare after ve years
Citizenship after ve years
What are the basic requirements or supporting evidences needed for Form I-485?
You need below mentioned supporting evidences to apply for EB-5:
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Two passport style photos
Form G-325A, Biographic information, if you are between 14 to 79 years of age.
Copy of photo identication issued by the government
Birth Certicate
Marriage Certicates
Copy of passport pages
Detailed documentation for the source of funds
Form I-94, Arrival / Departure record (if applicable)
Certied copies of Court record (if any)
Form I-693, Report of Medical Examination and Vaccination
Applicable Fees
The Approval notice for Form I-526 (FormI-797)
Contact Wani and Associates P.C.
[11]Contact Wani and Associates P.C. for high quality[12] immigration lawyer services for
[13]Investor Visa. EB-5 category is one of the most dicult and expensive categories in terms
of gaining eligibility. Our diligent attorneys through their experience and intelligence will
guide you through this complicated process and help you to establish your eligibility for EB-5
visa.
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Why Choose Wani & Associates for your Bankruptcy Case (2014-01-21 11:25)
Because we will have [1]in person consultation with you. We will discuss your case with and then you make
an informed decision whether [2]bankruptcy is a good option for you. And the best thing is you are not
paying us fee until you actually decide to le for the [3]bankruptcy. To make an informed decision we will do
the following:
[4] Bankruptcy Attorney: $499 TO START
BANKRUPTCY
We will go over your budget, to see what your actual expenses are.
We will also go over your current monthly income and statutory allowable expenses as those terms are
explained below, to set up the means test, should you decide to [5]le for bankruptcy.
We will go over your debts, to see how much you owe, and to whom.
We will advise you of your rights and duties.
We will explain the dierences between secured claims, priority claims, and unsecured [6]claims without
priority.
We will tell you what debts are not forgiven (discharged) in a [7]bankruptcy, if you decide to le.
We will give you a copy of this document, which contains disclosures that are required by federal law.
We will tell you your options.
You could do nothing. If you do nothing, your present (presumably unpleasant) situation will
persist, then deteriorate, as creditors, one-by-one, le suit against you, and seek to grab your
assets.
You could make one-on-one deals with your creditors. In this scenario you could be treated fairly,
but remember that fairness is subjective term.
96
You could enter into a program where you pay the counselor or some other agency so much a
month, and the agency will parcel that out to your creditors. This is called a debt management
plan. Often there is a deal made by the agency to reduce your nance charges. Also, there is
often a side deal between the agency and the credit card companies that lets the agency keep a
portion of what you pay.
You could [8]le bankruptcy. If you decide to le for bankruptcy we will ask you some documents,
like your tax returns, pay stubs, bank statements and unpaid bills.
We will arrange for your [9]counseling. You are required to have two counseling classes, one before
ling and one after ling.
You can do your counseling by telephone.
You can do your counseling on-line, over the internet in our oce or at your home.
PRE-BANKRUPTCY COUNSELING
You must use a counseling agency that is a non-prot agency approved by the Department of Justice, and
you must do it before you are eligible to le any kind of [10]case in bankruptcy. This is sometimes called the
gatekeeper provision in the new [11]bankruptcy law, the idea is to give you an impartial second opinion
on what to do. We are not impartial. We are on your side. You must pay a fee for the counseling, if you can
aord it. Only the very poor, those with severe medical problems or those on military duty will be excused
from paying for the counseling.
Here is what to anticipate from counseling.
1. The counselor will go over your budget, as we have already done.
2. The counselor will go over your debts, as we have already done.
3. The counselor will tell you there are several options, as we have already done. Among the most likely
of these are the following:
You could do nothing. If you do nothing, your present (presumably unpleasant) situation will persist, then
deteriorate, as creditors, one-by-one, le suit against you, and seek to grab your assets.
1. You could make one-on-one deals with your creditors. In this scenario you could be treated fairly, but
remember that fairness is subjective term.
2. You could enter into a program where you pay the counselor or some other agency so much a month,
and the agency will parcel that out to your creditors. This is called a debt management plan. Often
there is a deal made by the agency to reduce your nance charges. Also, there is often a side deal
between the agency and the credit card companies that lets the agency keep a portion of what you pay.
3. You could [12]le bankruptcy. For purposes of this document, we will assume that you decide on a
[13]bankruptcy.
4. Presumably, that brings you back to us.
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MEANS TESTING
There are income guidelines for the [14]ling of chapter 7 bankruptcy. If your income is more than the
guidelines, you may not be eligible for ling [15]Chapter 7 bankruptcy.
Means testing is a two part calculation with several steps to each part that determines if you can be made to
pay something to creditors. Here is the means test in a nutshell.
If your household income is OVER the median for your state; and
If after an elaborate calculation using IRS standards for living expenses;
You have $117 a month left over, then
There is substantial pressure under the statute for you to le CHAPTER 13
The idea behind the means test is to see if you can actually aord to pay back some of the debt, even though
you feel overwhelmed your current situation.
Here is the means test in detail.
1. You give us your pay stubs for the last six months. If you cannot nd them all, we will have to
reconstruct them. You tell us what other revenue is coming into your home for the same time period.
Exclude social security. We divide this by 6. The statute calls this your Current Monthly Income.
2. If your Current Monthly Income is less than the MEDIAN INCOME for your state, and the size of
your family, the means test is over, and you can go ahead with a [16]chapter 7 ling, if you want, and if
you are otherwise eligible.
If your income is ABOVE the MEDIAN, we go on to the rest of the test. Here is the rest of the means test.
1. Subtract your expanses from your Current Monthly Income. You do not use your costs. You must use
Standard Expenses developed by the IRS to help in collecting back taxes. As you can imagine, these
standards are not particularly consumer friendly. We subtract the following.
i. National Standards for food, clothing, housekeeping, and personal care.
ii. Regional / Local Standards for transportation.
The transportation standards were set when gasoline was about $1 less per gallon than on the eective date
of the new law. We may be able to justify an upward adjustment. If your car payments put you over the
allowance, you can make an upward adjustment, if you intend to keep the car(s).
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iii. Local standards (by county) for housing and utility.
iv. You can probably justify an increase in any of these with proper proof.
v. You are also authorized to deduct certain specied items from your Current Monthly Income.
a) Private School, with a limit of $1,650 per child per year;
b) Actual elder-care expenses for a disabled or elderly family member.
We pull your credit report and go through it with you.
After the petition is prepared we go through it with you and make any changes/correction you may
want to.
After you sign the petition we le it electronically. Filing of case puts and automatic stay on all your
debts, means your creditors cant approach you for payment of debts.
If you have secured property you may want to keep, you should continue to make the payments unless
you want to surrender that property.
You have a trustees meeting after 30 days of ling the petition. We represent you in the trustees
meeting.
If everything goes ne and you have no assets, you may get your discharge 60 days after the trustees
meeting.
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3.2 February
Essentials for Filing Bankruptcy (2014-02-08 07:01)
Which Factors should you Consider while Filing Bankruptcy?
[1] Bankruptcy Attorney
[2]Filing bankruptcy is like pressing the nancial restart button as it enables the debtors to start afresh
and resolves their major nancial problems. But you consider [3]ling Bankruptcy only when your debts
become unmanageable, your expenses exceed your income and you are threatened withwage garnishment,
foreclosure or repossession. Also it is very crucial to choose the right time to [4]le bankruptcy as you
can not le another bankruptcy easily.
Below mentioned are the factors that you should consider when [5]ling bankruptcy:
Types of Bankruptcy: Before ling bankruptcy you should discuss with [6]your attorney that your
circumstances are in accordance with which type of bankruptcy chapter and should le accordingly.
There are two main types of bankruptcy. ; [7]Chapter 7 and[8] Chapter 13. Under Chapter 7, all the
debts are discharged or cancelled but Under Chapter 13, debtor has to repay the whole or parts of
debts over three or ve years.
Varying Eligibility: Every State has its own set of rules or standards regarding your asset custody,
income and expense limits to dene whether you can le bankruptcy under [9]Chapter 7 or Chapter 13.
Attorneys fees and ling fees also vary from state to state.
Possession of Assets: [10]Bankruptcy does not bereft you of all of you belongings or possessions.
You can retain your personal property like; electronics, household furnishing and exempted articles.But
retaining oflargerassets like; your home or car again depends upon your state laws, type of bankruptcy
and your nances.
Cost of Filing Bankruptcy: Cost included depends upon your[11] attorney and your location as
well. But with [12]Chapter 13 bankruptcy, you can also include your bankruptcy ling costs in plan
and pay them over three to ve years. Initial consultations are usually free.
Credit Counseling Classes: It is mandatory to receive credit counseling classes from an approved
non-prot budget and credit counseling agency, 180 days before [13]ling a bankruptcy.
Search out your Creditors: Go to www.annualcreditreport.com to search out a whole list of creditors
you owe to, as you need to add all the creditors on bankruptcy ling.
Which are the debts that can not be discharged or cancelled under Bankruptcy?
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Debts owed over $500.00 for luxury goods, purchased within 90 days of [14]ling for bankruptcy
Any cash advances of $750.00 or more taken on credit card within 70 days of ling bankruptcy
Any Federal, State and Local income taxes that are due since last three years
Any Student loan that is due since last 7 years
Child support and alimony payments ordered by court, along with other divorce related debts
Any court ordered nes and criminal restitutions
Any debt for death or personal injury cases caused while driving intoxicated
Debts that are not enlisted on [15]Bankruptcy Petition
Any debts that arose after you led for bankruptcy
Any Rearm Debt i.e. you have an agreement with the creditor that you will repay the debt, despite
of including it on your Bankruptcy list.
What is your Dos and Donts list for ling Bankruptcy?
Ensure that you have submitted all the required paperwork and forms to your [16]attorney on or before
the requested date
Fill out all the required information and include all the necessary schedules and forms. If you submit
incomplete documents; [17]Bankruptcy Court may dismiss or deny your case or you have to le additional
paperwork or pay more fees for that
Comply with all the requests and requirement made by court, if you have any queries consult your
attorney immediately
Never make an attempt to hide or provide any inaccurate information about your assets, transactions,
debts, income and expenses and nancial history. Any fake or false information can subject you to 5
years in-prison and/or $ 500,000.00 ne
Never damage or hide any property within or after 1 year of ling bankruptcy to intentionally defraud
your creditor as you would be subjected to above said penalties
Do not make false statements to court or attorney
Do not run after the ads that boast of or commit to cut o your debts for free or at lower prices, as
these are frauds or scams and would land you in more debts than before
[18]Contact Wani and Associates, P.C.
If your debts have become unmanageable and you are considering to [19]le Bankruptcy, our expert and
compassionate Bankruptcy attorneys can assist you to overcome your nancial crisis and to make strategic
decisions. [20]Contact Wani and Associates, P.C. to get immediate relief and protection and reset your
nancial course of action.
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16. http:
18. http:
20. http:
3.3 March
Why should you Hire an Immigration Attorney? (2014-03-29 12:32)
[1]Immigration Laws are the pathways that guide you about the terms and conditions that you should follow
to be the citizens of the U.S. But the [2]U.S. immigration law is very complex and it is always advisable to
render the services of an eminent and professional [3]immigration attorney to go through this complicated
yet necessary process successfully. An acknowledged attorney can assist you in several ways including the
following:
An [4]immigration attorney provides you guidance and counselling regarding visa applications, green
card, citizenship, naturalization, deportation issues etc.
If required, they would also act as mediators between the clients and immigration authorities like
USCIS.
[5]Immigration lawyers also help you to submit application if you ever have been convicted of a crime.
They assist to appeal for denied applications and also counsels you about re-applying and reasons of
denial.
An [6]immigration lawyer can help you to le the application, if you are denied of entering U.S. because
of a medical situation or condition.
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They can even help to accelerate your processing in case of unduly delays; as they are well aware about
the deadlines and waiting time involved in the process
They help you in ling employment based visas and as well make sure that your employers are fullling
their obligations
Immigration lawyer prove highly supportive if you le visa on marriage basis and your marriage
terminates before the conditions are removed from your permanent resident status. They help to prove
that your marriage was not a fraud.
Immigration lawyer also help you if your children reach the age of 21 before the permanent resident
status is granted; as the immigration rules dier for children below and above the age of 21.
[7]Attorneys also help you with the additional documentation and paperwork asked by USCIS, in order
to eliminate delays.
They assist you with your citizenship tests and also help you to attain immediate access to citizenship,
in case of an emergency.
Immigration laws change often and [8]immigration lawyers keep updated with those changes and see to
it that you are ling according to the new validated rules
If required, they also represent you in front of the appropriate government agencies.
They also suggest you alternate ways to le your application because if you are denied on one basis;
can nd the approval according to another criterion.
They also assist you with changing your immigration status.
[9]Contact Wani and Associates P.C. for any of your immigration visa related needs and issues. Our
acknowledged [10]attorneys with their relentless service and eorts will help to resolve your immigration
related issues and save your application from rejection.
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3.4 April
DIP (DebtorIn-Possession) Financing (2014-04-25 10:45)
What is DIP (DebtorIn-Possession) Financing and how is it benecial for distressed businesses or companies?
Debtor-In-Possession Financing or DIP Financing is oered to the companies when they le for [1]Chapter
11 bankruptcy under the US [2]bankruptcy code. Moreover, it provides the distressed businesses with the
cash ow or nancial resources that they need to meet business expenses and as well help them to turn up
quickly from the [3]bankruptcy.
What do we mean by DIP Financing or Debtor-In-Possession Financing?
DIP Financing is a special kind of funding granted to the companies under nancial crisis and as well
under [4]Chapter 11 bankruptcy process. It is also unique from other nancing processes because of its
superiority over existing debts, equity and other claims. It gives nancially distressed companies a chance to
make a new start but under the restricted terms and conditions.
What are the benets of DIP Financing to the companies facing nancial crisis?
DIP Financing resolves myriad of the purposes of the debtors including:
Allows the debtors to operate during the [5]Chapter 11 bankruptcy
Provides protection to the pre-petition lenders as well for their outstanding debt
Helps to keep positive cash ow and operations up and running
Provides time to the companies to resolve their issues with their stakeholders, lenders and purchasers
Enables the companies to take advantage of market opportunities
Assists in meticulous liquidation of few or all the assets of a debtor
Lessens the risk of delinquent debt
Provides companies a platform to grow and as well oers substantial exibility
Re-establishes suppliers and customers condence and faith in the company by providing uninterrupted
services to the customers and meeting the obligations of the suppliers
Provides funds to the companies to work out a resolution with the lenders before going to the court,
thus helping the debtors to appear in bankruptcy court with a pre-packaged settlement
Crucial to dicult restructuring process as it accelerates the cash ow.
If managed and executed properly DIP Financing can result in rejuvenilled business and reduced
percentage of debt in the balance sheet
[6]Contact Wani and Associates P.C., if your business is facing any economical or [7]nancial crises. Our
experienced and acknowledged team will lend you diligent support and advice to help you to turnaround your
distressed business.
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3.5 May
How to get a small business loan after Bankruptcy? (2014-05-30 11:28)
[1] [2]Bankruptcy can aect your business devastatingly, but it does
not mean that you cannot make a fresh start. But before you think of getting a loan, always think through
the consequences i.e. you will personally be responsible to pay debts if your business fails again and as well
you will not be eligible to [3]le a bankruptcy again. So it is always wise to access the reasons that have
caused nancial downfall in the past in order to avoid them in future. Here are some tips by following which
you can improvise your chances of getting a [4]loan after Bankruptcy:-
Rather than contacting inuential and distinguished banks, contact community banks as the authorita-
tive banks through their automatic screening process will deny you immediately after considering your
credit score.
Try to establish contact with the banks which specialize in small business lending or you can also
negotiate with regional non-prot investment funds through the personnel of economic development
department, as these agencies grant loans to small businesses in low-income areas.
Before you[5] contact any of the potential lenders, make sure that you have a streamlined and well-dened
business plan for presenting them.
Your chance of getting a loan increases, if you are able to show your lenders that your debts are running
minimum since [6]bankruptcy. Show them the evidence in form of statements; showing your mortage or
rent payments, vehicle instalments etc.
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In order to get your loan approved; show your lender that you have consistent income since bankruptcy
and with this income you will able to repay the debt.
Attach a brief explanation of the reason that leads to the bankruptcy with your loan proposal i.e.
whether it is a [7]divorce, auto accident, chronic illness or major trauma injury. This information may
help the lender to determine your eligibility for the loan.
Try to locate lenders who specialize in small business loans and seek information about their terms and
conditions. Your local chamber of commerce may also suggest you the names of lenders who provide
such loans.
Seek the help of a friend, colleague or a family member with good credit score. If they agree to co-sign
a loan guarantee for you; it is denitely going to enhance your chances.
Ask for a smaller loan amount initially and gradually work your way up to a larger sum i.e. after you
have made positive and consistent earning records.
While ling a business loan application with a bank; always present a viable business plan along with it.
Because your business plan is the most crucial element for the bank to choose you as a viable candidate.
If you have [8]any queries regarding ling bankruptcy and its pros and cons; [9]Contact to Wani & Associates
P.C. Our compassionate and acknowledged [10]attorneys through their incessant services and eorts will
assist you to resolve any of your [11]bankruptcy related issues.
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Edited: June 10, 2014

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