Business Immigration Law in the US - Essay Example

?Q1) It was a pleasure speaking with you on the phone today. Allow me to take this brief opportunity to discuss some of the different these options that will be available to your girlfriend, Isabella Newton. As with so many issues within the realm of immigration, it is necessary for all parties to understand that each of the specific options which will be discussed below necessarily have a certain level of pros and cons attached to each them. In such a way, it is my wish that both of you will consider the positive and negative aspects of each of these different types of visas prior to coming to a final determination. Furthermore, should any of this information not specifically answer question which you originally intended to ask, please be informed the mythical free to contact me at any time using the contact information is listed below this response. Firstly and most importantly, it is unfortunately the case that the United States does not currently offer any type of visa allowance for an individual that is merely the girlfriend/boyfriend of an individual who currently has legal immigration status within the United States. Rather, all types of pieces that allow for individuals to join their loved ones within the United States are necessarily confined to familial relationships; inclusive of marriage and the offspring that it might yield. Nonetheless, this does not necessarily provide an end to your inquiry. Rather, it merely helps to shine a level of focus upon some of the means by which Isabella might seek to attain a visa on her own. In this way, the options related below will focus specifically on this determinant. The first option is of course with relation to the business visa. The B-1 visa allows for individuals to stay in the United States as long as they renew their visa, and have adequate and reasonable state of employment. This would necessarily required you and your firm to possibly create a position in which Isabella to whom they serve. In such a way, the level and extent to which the B-1 visa would be granted would be strong. Due to the fact that several members of your firm have already attained business visas status, it is unlikely that a further applicant be denied as long as legitimate business grounds, consulting services, or other means necessitated her presence within the United States. This should not be understood to encourage you, nor any member of your firm to create something of a made up and unrealistic position. This would necessarily equates to fraud is punishable by hundreds of thousands of dollars in fines and possible imprisonment. Rather, this particular route is the most easy and perhaps the most logical the fact that the firm was originally founded upon the ideals and funding of Isabella Newton and your family. In such a way, she can legitimately be seen as a primary source of advice and direction through which the joint venture would likely proceed in that your future. Similarly, a little-known aspect of the B-1 visa is that allows for individuals to apply it merely wish to volunteer within the United States. In such a way, it is possible to leverage Isabella’s prior work as a seamstress and designer within the correct segment of volunteering. Means by which this could be accomplished would necessarily be for him Isabella to approach many of the volunteer organizations and exist within the United Kingdom and seek to discuss whether or not they would be willing to employ her as a volunteer or otherwise sponsor her to come to the United States. Regardless, the privileges and rights that a B-1 volunteer visa holder has as compared to the B-1 business visa holder are indistinguishable (Eagly 1290). In such a way, this approach is both logical and helpful as a means of providing a link than stay the by your side in the United States. It must be noted that just as with the B-1 business visa, the B-1 volunteer visa will require that Isabella participates regularly and volunteer efforts and ascribes by all pertinent rules and regulations under which the visa might originally specified. This is not said as a means of insinuating that you or Isabella would be inclined to prevaricate regarding the level of volunteerism that would ultimately take place; rather, it is meant as a means of alerting you as to the reality of the way in which he be one volunteer visa governs activities of the individual once they arrive within the United States what they will be expected to do. Accordingly, if any change in volunteer habits occur or the sponsoring entity is no longer willing or able to continue the relationship had set out with, the volunteer visa will necessarily be revoked and Isabella would be required returned promptly. There are of course two further options that are even less desirable than the first to which it been mentioned; however, I provided to you so that you and Isabella might both make an informed decision with regards to what approach to the visa situation you would most like to take. The first of these relates to a religious workers visa. Depending on the level of religious faith that Isabella after family might have, it is possible that a visa of up to five years with unlimited entry, can be attained. These types of visas are not only open to ministers and clergy but also to individuals that work closely with the ministry. In such a way, Isabella is regularly active within her parish in the United Kingdom, it is reasonable to assume that she might therefore be eligible to join particular service oriented community within that parish and seek to come to the United States for a period of up to five years as long as she continues within such a line of voluntary or paid employment within such an entity. Naturally, as with many individuals that which the United States, there is of course the opportunity to come as a student. Although it is obvious from the information you a given me that both you and Isabella are highly educated, if she has a desire to pursue any type of further education within the United States she would necessarily be eligible to calm as a student (Oulahan 1356). In this way, even if she has graduate and postgraduate work, she might wish to pursue a specific degree or field of interest while within the United States. As with any of the other options that it been listed, this will necessarily require that Isabella will engage as a full-time student watches within the United States. The obvious drawback of this is that you have a limited amount of time to pursue other extracurricular activities and/or spend time touring the United States or any other leisure activity that she may wish. In such a way, this option is been listed lasted the fact that it necessarily constrains the time more than the business, religious, or volunteer visas which have been previously listed would (Immigrant Visas 1599). Finally I want to thank you for taking the time to consult with our law firm with regards to the immigration is that you have. Should you have any further questions, please do hesitate to contact me’s contact information provided below. I will do my utmost to assist you in the most efficient rapid manner. Once you have narrowed down the particular approach that you wish to take, please contact our firm again so that we can go into a much greater level of detail and start setting up the process so that the delays will be minimized. All best, Name Contact Information Phone Email Firm Q2) Mr. Hall, With regards to your request concerning Dr. Natana and the need to bring her on board your firm at the soonest possible time, a relatively recent change in immigration and visa law allows for this to be done in a much more expeditious manner. In 2000, the Senate updated the law with regards to the way in which individuals on the H1B these a, as well as employers that wish to hire them, can petition for a change in employment status without affecting any of the H1B visa quotas that may exist for any given year. This is of course good news for you and your firm due to the fact that Dr. Natana will not be beholden to any of the quotas that it been set forth, and subsequently already filled I might add, for the given year. However, in order for this process to take place, it will be necessary for you, where representative of your human resources department to draft a letter to UCIS that specifically demonstrates the information you have provided me as well as assures USCIS that Dr. Natana will be employed under the terms that you have specified within the information provided (Own Goal 11). As a means of giving you a template for how such a letter should necessarily look, the following can serve as a guideline. It is been my goal within this guideline to provide you with some of the main and most important points to be discussed; however, should you feel it necessary to add further information, please do and I will be more than happy to review it prior to use in the UCIS and the petitioning for a change in H1B visa status. By utilizing this approach, and leveraging the change in H1B these the law that has been reflected above, it is feasible that Dr. Natana can be brought in to her position within a relatively short period of time. Of course it needs to be understood that the visa petition for change in H1B employer status is generally a rather fast turnaround, the high level of applicants and the means by which government cuts have necessarily heard the ability of respondents to engage in a prompt manner with all of the backlog of paperwork that they must deal with necessarily crazy situation which many individuals have been blacklisted for several months, even time exceeding the year, waiting for an answer to their petition (Posner 291). Hopefully this will not be the case with yours; however, should such an eventuality persists, contingency plans must necessarily be made so that Dr. Natana’s absence does not create undue pressure upon the production, management, or design process with your firm which is to engage in. Once again, please fill out the information indicated above and populated with specifics of the case you have referenced in your original letter. If you should have any further questions, please not hesitate to contact me as I am available to you in your firm for inquiry at all times. Q3) A) There are various visa options that are available to Dr. Natana based upon no other fact than her extremely qualified background and prior work experience; however, the first few options which will be discussed do not have any bearing to the prior skill or accolades that Dr. Natana has been able to accrue. Rather, these are mostly concentric around some of the easiest ways in which citizenship or permanent residency can be established. As she noted in her conversation, she was willing to pursue marriage as an option with regards to ensuring her permanent resident status within the United States. Although I do not encourage my clients to pursue this particular route unless they are already certain that marriage is a choice they would make outside of genuinely being in a relationship that the individual can see leading in no other direction, it is nonetheless an option that Dr. Natana has. However, she should be warned ahead of being counseled within this particular aspect of visa law that per her joke to hire someone to marry her, a very specific level of fines exists with regards to punishing and possible imprisoning/deporting parties that engage in fraudulent marriages. B) One of the distinct drawbacks to filing PERM with EB2 is with regards to the overall level of scrutiny the individuals reviewing the application will dedicate towards review of the application. However, let this note serve as a reminder to ensure that all documentation is checked multiple times before final submittal is accomplished. This is not only done as a means of saving time but also as a means of providing Dr. Natana the chance that she needs to attain this Green Card. As has been noted from previous attempts of individual clients, a failure in terms of oversight with regards to documentation submitted oftentimes leads to a situation in which the individual becomes ineligible to re-file in the future; due to their previous work permits expiring and necessitating starting the process over from scratch. Furthermore, the position should be coded as 11-9041.00 within the NAIICS codes. This is due to the fact that although Dr. Natana’s specialties necessarily fall within the bounds of an electrical engineer, they also expand far beyond this as well. In such a manner, seeking to categorize her as a supervisor/manager would not only be more appropriate with regards to her job responsibilities within the firm, it would also allow for a greater level of career development and allow for her application to be viewed more favorably by the responsible entities that will review it at USCIS. This is of course due ot the fact that she will be performing something of a responsible and indispensible job at her current employer; as such, hers is an application that deserves priority consideration. Works Cited Eagly, Ingrid V. "Prosecuting Immigration." Northwestern University Law Review 104.4 (2010): 1281-1359. Academic Search Complete. Web. 11 May 2013. "Immigrant Visas." Harvard Law Review 126.6 (2013): 1565-1682. Academic Search Complete. Web. 11 May 2013. Oulahan, Cain W. "The American Dream Deferred: Family Separation And Immigrant Visa Adjudications At U.S. Consulates Abroad." Marquette Law Review 94.4 (2011): 1351-1379. Academic Search Complete. Web. 11 May 2013. "Own Goal." Economist 406.8827 (2013): 10-12. Academic Search Complete. Web. 11 May 2013. Posner, Eric A. "The Institutional Structure Of Immigration Law." University Of Chicago Law Review 80.1 (2013): 289-313. Academic Search Complete. Web. 11 May 2013. Read More