Terminating a Foreign Worker

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We’ve all been there. 

You hire what you think will be a great employee, and it turns out you missed the mark during the interview. Or your great employee is found to be harassing other employees. Or you just need to cut certain staff because of a downturn in the economy.

In nearly any circumstance, ending the employment of someone who works for you is not an easy task.

But what if that employee came to you through an immigration program, like an H-1 visa or an E visa? If that’s the case, there are very specific steps you must take to follow state and federal laws for both immigration and labor laws.

The Orlando Law Group can help your business on both accounts. As a full-service firm with attorneys helping businesses and individuals, we can certainly help employers looking to terminate foreign workers in Orlando, Winter Garden, Altamonte Springs, St. Cloud, Kissimmee, Sanford and throughout Central Florida.

Notification of Termination

In nearly all cases of employment immigration, if you are terminating the employment of someone who is working with you under an employment visa, you will need to ensure multiple entities are notified. 

This could include the employee, the United States Customs and Immigration Services, and possibly the consulate of the employee’s country of origin. Like so many legal concepts in immigration law, the actual process is dependent on the visa that is being used.

There are two possible exceptions to the above. If the employee is under a TN visa for employees from Mexico and Canada, and if a visa is designated for employees who transferred from one location within the company to a location in the United States.

Extra Expenses

When employing foreign workers, there may be expenses you have incurred when bringing those workers to your company.

Likewise, if you terminate a foreign employee, you may need to reimburse the employee to aid them in returning to their home country for “At least equal to the costs charged by the most economical and reasonable common carrier for the distances involved,” according to the Department of Labor. 

This stipulation does not apply equally to all employment visas, and the case law on this issue evolves regularly. There is no hard definition of what is the “most economical and reasonable” cost that an employer must pay. 

The attorneys at The Orlando Law Group are here to help you navigate this critical step.

Grace Period

When you terminate an employee, that employee is not necessarily required to go straight to the airport and back to their home country. In most cases, workers are provided a grace period of up to 60 days to put their affairs in order and return to their home country. 

To be clear, however, this is not an excuse for workers to overstay their visa. If the visa expires 30 days after termination, the employee can only stay for 30 days. 

There may be other options available for the employee in this situation. While this blog is focused on employers, The Orlando Law Group can help individuals who were terminated while working in the United States through an immigration program as well. There also may be some opportunities for an individual to stay in the United States after termination. 

Your attorney at The Orlando Law Group can help to see if there are options available in your unique circumstance.

I-140 Withdrawal

One of the central parts of terminating an employee is the I-140 petition, which is key to the immigration process for certain employees. 

Remember, this does not apply to all foreign employees but can have significant effects on some foreign employees. The attorneys at The Orlando Law Group can help you determine what may happen to an employee’s I-140 petition.

For employers, keep in mind the I-140 petition is extremely important to your employees, and a commitment to not withdraw the petition within the first 180 days of employment can be a very useful employee benefit to attract higher-level employees. 

Attorneys for Both Employee and Employer

The Orlando Law Group is a full-service law firm that helps businesses, organizations, and individuals with a wide range of legal services. As such, there may be cases where The Orlando Law Group can represent both the employer and the employee in an immigration case when their interests are totally aligned.

Of course, when that happens, The Orlando Law Group will be open and transparent and will only provide legal assistance to both parties with the express permission of both parties as information must be shared between everyone.

Conclusion

While terminating an employee can be complicated, The Orlando Law Group can help guide you to operate within the complex immigration system and its associated labor laws. 

The complexity of terminating foreign employees should not prevent any business from hiring foreign employees. The benefits of foreign labor can be substantial, especially during times like these when good employees are hard to come by.

If you are looking to terminate a foreign employee in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, or Kissimmee, we’re here to help you with a full team of attorneys who care about you and your circumstance and treat you with compassion while seeking the best possible outcome for you and your loved ones. 

The attorneys at The Orlando Law Group represent businesses in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Avoid the Scammers in Immigration

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If you’re in the immigration process, you know the system is very tricky and can be confusing. Trying to get information from a government agency often seems futile. The forms to fill out can be more than three dozen pages long.

As such, the number of people looking to prey on that confusion is limitless. It’s very difficult to distinguish between people who are legitimate and those who are just trying to get as much money from you as possible.

Many people do not realize how bad the situation is until they receive that notice to appear for removal proceedings before an immigration judge because the forms they signed were not correct or a clear law was not followed. By hiring someone who is only out for your money, you could be tagged for removal even if you should qualify for a green card or work authorization.

The moral of the story is, make sure that you are using a knowledgeable attorney who has experience, and is someone that you can trust. Here are a few things to look out for when seeking professional assistance with your immigration matter:

  1. Make sure that the person you are meeting with is a licensed attorney not subject to any disciplinary proceedings. Ask for the attorney’s bar number and state/territory they are licensed in so you can look them up to make sure they are actually licensed and not subject to any disciplinary proceedings. If they are not a licensed attorney in good standing with their state bar or an accredited representative, they are not authorized to assist you with your immigration case. You can also check the Executive Office for Immigration Review (EOIR) list for all disciplined practitioners.
  2. Review the forms before signing and never sign a blank form. Make sure that you see the forms being submitted on your behalf before they are submitted. If you need a translator, ask for one or bring your own. Never sign a blank form or a blank piece of paper as you may not know what is submitted on your behalf and it could negatively impact your case.
  3. You should never be charged for the form itself. It’s OK to be charged for filing fees and for an attorney’s time to prepare forms, but you should never be charged for the actual form itself. This is a sign you are dealing with someone who is looking to take advantage of you. All forms are available online for free.
  4. Get a receipt for any payment made. If you think you were scammed, this is an essential piece of evidence for your case.
  5. Do not let your attorney keep your original documents. The attorney should always make copies of your personal documents, such as a passport or driver’s license, while you keep the original documents. If an original is needed, the immigration official will ask to see it at an interview or hearing. Do not submit originals.
  6. Do not trust anyone who claims to know about secret laws. Any new laws or regulations are public and all legitimate immigration attorneys will be up to speed on any new laws.
  7. Do not pay to be put on a waiting list: There is no such thing as a “waiting list,” but it sounds legitimate. It is not.
  8. Track your case. It’s important to understand immigration cases take a long time, but you can track your case with the U.S. Customs and Immigration Services. Your attorney will provide a receipt notice from the agency that can be used to see your status at USCIS.gov. Plus, if you are in removal proceedings, there is a hotline that can be used to track the status of your case and to see when you have your next hearing date.

If you try to use these and nothing comes up and the person you used to assist with your application or who says they are representing you in Court does not answer your calls within a reasonable amount of time (at least a week), you may need to get a second opinion.

  1. Watch out when using a notario publico. In many countries, the use of a notary public or notario publico is almost the same as using a lawyer. That is not the case in the United States. These individuals will charge excessive fees and could even subject you to removal from the United States.

Unfortunately, many people have been harmed by the use of notaries. They thought they were doing the right thing because it was an individual they trusted or they heard of someone who was able to get a work permit. They did not get a work permit and ended up in removal proceedings because an asylum application was filed or other type of application that the person did not qualify for.

One of the key issues is cost – but if the cost seems to be too good to be true, it almost always is. Yes, an attorney costs more upfront than a notario or another scammer.

However, in the long run, getting a competent Immigration attorney to assist you will save you money as you will need to pay for an attorney to fix the mess that is made, if it is fixable.

Remember, you do get what you pay for. Don’t become a cautionary tale. Many law firms will provide payment plans to assist those on a budget. Don’t let the cost of representation push you into making a decision that could negatively impact the rest of your life.

The attorneys at The Orlando Law Group represent immigration clients in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, Sanford, St. Cloud, Kissimmee, and throughout central Florida.

If you have a question about your Immigration case or whether you may have any immigration benefits available to you, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both businesses and individuals alike.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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Immigrating to Central Florida after your Vacation

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Every year, millions of visitors flock to Florida for vacation and for business. It’s one of the most popular destinations for travelers around the world. In Orlando, we’re the home to one of the world’s largest convention centers and, of course, a conglomeration of theme parks not found anywhere else.

If you’re a citizen of 40 countries listed here, you typically don’t need to get a visa to come for a short period to the United States as long as you register with the United States.

But for the rest of the world, a visa is required.

Like so many of us who already call Florida and Orlando home, many of the people who come to our city and state, like you, fall in love with the opportunities here, the natural beauty and the temperate weather. For them, The Orlando Law Group is here to help.

To be clear, there are processes that are required in this situation that everyone must follow and in no circumstance are we implying there is a way around those processes.

Of course, how an individual can turn a travel visa into a more permanent visa is extremely varied and unique to each person’s individual situation. Here are a few things to keep in mind.

  • If you are here from one of the 40 countries and are here on a waiver, you must return and work on your visa from your home country.
  • Almost all visas require you to apply and interview from your home country, so just staying in Orlando is not a good option
  • Always have the intention of returning to your home country. Yes, things may happen while you are here – you meet the love of your life or are offered a great job – but if the government thinks you were coming here to stay, you will be rejected.
  • Do not overstay your visa. Extending your visa is not that difficult compared to other immigration issues, but if you overstay your visa, you will almost certainly be denied any long-term solution.
  • Do not commit any crime while you are here, this includes things like driving under the influence or possessing narcotics, including marijuana.

So, let’s talk about some of the reasons why people want to say in the United States and how The Orlando Law Group can work to help their unique situation.

I met my soulmate while on vacation

Congratulations! It is truly wonderful to see people in love want to spend the rest of their lives together.

We certainly understand the desire to want to be together, it’s just important to understand that it takes time to ensure that it happens legally and without any complications down the road.

There could be an entire blog on how to get married to someone from another country as it is not an easy process like just showing up at the immigration office with a marriage license. Here’s a couple of key things you will need to know.

  • A K-1 visa, known as the “Fiancé Visa,” takes a long time to acquire. As of August 2022, the shortest wait time after you fill out the required documentation is around five months, extending to more than a year with some immigration facilities.
  • The start of the process is the I-129F form. It’s more than a dozen pages long and asks probing questions about you, your fiancé and even your parents!
  • You’ll need to compile a lot of documents, including a certificate from the police of any country you have lived for more than six months.

We often see couples who set a date for their wedding – they are excited to start this journey – only to find out it will take longer to settle the immigration process. We always recommend not placing any non-refundable deposits until you have at least started the process.

The U.S. State Department has a great – and long – list of what needs to be done to just acquire the fiancé visa here. As you can see, it is quite detailed, which is why you should reach out to The Orlando Law Group to help.

I was offered my dream job while on vacation

How exciting! Now, for the difficult part to ensure your visa is approved so you can move forward in your career.

Like most aspects of the law, it’s extremely difficult to directly say what you need to do without looking at your specific case. After all, there’s more than two dozen different types of visas that you may be eligible to receive to work in the United States.

Be sure to understand that you will need to return to your home country before moving to the United States and starting that job. Simply extending a tourist visa will not work. You’ll be subject to interviews at the consulate in your home country and will need to show you are maintaining a permanent residence in that country.

You’ll also need to have full support from your future employer. There are hoops they need to jump through as well to bring you to the United States. We advise you are open on your immigration status with a potential employer. We can help advise them too!

Finally, just like everything else in immigration, it’s not a quick process, although some consulates are faster than others. Your wait time could be more than a year to be processed in some places and with some visas. You can find a great tool to determine approximate minimum wait times at consulates across the world here.

I came for a convention and realized I need to expand my business into Central Florida

Orlando is often listed on many sites as being one of the premier places to do business in the world. Aside from the thriving tourism and entertainment industry, our community is also home to one of the top technology centers, along with the global capital of the modeling, simulation and training industry, supporting militaries worldwide. More than $6 billion flows through Orlando in that industry alone, every year.

Compared to other forms of immigration, expanding your business to the United States is significantly simpler. The United States wants foreign investment and job creation, so, in 1990, it created the EB-5 process to help promote this effort.

What does that mean for you? In its simplest terms, you’ll need to employ a minimum of 10 workers and invest at least $800,000 and you’ll be eligible for an EB-5 visa for your business and your family.

Now, there are other stipulations. There are new caps on EB-5 visas and the amount of money invested has changed very recently. Much of it is dependent on if you are investing in a targeted investment area.

Plus, while it is relatively simple, you cannot break the rules at the beginning of this article. If you overstay your visa and don’t follow the proper steps, you could lose your immigration status and any investment you made.

It’s critical to reach out to The Orlando Law Group, which has a practice devoted to business law in addition to our immigration practice.

If you are looking to extend a travel visa in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Sanford, Lake Nona, St. Cloud, or Kissimmee, we’re here to help you with a full team of attorneys who care about you and your circumstance and treat you with compassion while seeking the best possible outcome for you and your loved ones.

The attorneys at The Orlando Law Group represent clients in immigration in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Sanford, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you would like to schedule a consultation for immigration issues, this information is in case you ever find yourself or a loved one needing to use it.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Do I really need an Immigration Attorney?

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The short answer to that question is absolutely. The Immigration process can be very tricky for those who are not familiar with the process. There are many different government agencies involved (USCIS, EOIR, ICE, NVC, DOS, CBP, etc.) and the forms can be super confusing. Some forms have instructions that are over 40 pages long and trying to get information from the government agencies by calling to ask a question is as futile as talking to a wall. To top it off, there are a lot of people out there that are looking to make a quick buck at the expense of your future.

In many countries, the use of a notary public or notario publico is almost the same as using a lawyer. That is not the case in the United States. The process for becoming a notary in the U.S. is no where near what a notary has to go through in other parts of the world. Additionally, a notario is NOT an attorney. There are many people out there that will promise you that they will get you a work authorization or green card when there is no legal basis for the application. These individuals will charge excessive fees and could even subject you to removal from the United States. I have personally seen many people who have been harmed by the use of notaries. I have had many clients who thought they were doing the right thing, because it was a person they thought they trusted or their brother’s best friend’s Aunt used this person and they were able to get a work permit. They did not get a work permit and ended up in removal proceedings because an asylum application was filed or other type of application that the person did not qualify for.

Many people do not realize how bad the situation is until they receive that notice to appear for removal proceedings before an Immigration Judge. And once an application is made, even if you have no idea what you signed, the Government will take the position that you did because you signed the form. Lying or providing false information to a government official could be considered a misrepresentation which could make you inadmissible and/or removable. This means that you may not be able to seek certain immigration benefits even if you end up qualifying for a certain type of relief at a later date. The law is always changing. You may not qualify today for a green card or work authorization, but that could very well change.

The moral of the story is, make sure that you are using a knowledgeable attorney who has experience, and it is someone that you can trust. The Immigration process is complex and can be scary. Below are a few things to look out for when seeking professional assistance with your Immigration matter:

  1. Make sure that the person you are meeting with is a licensed attorney not subject to any disciplinary proceedings. In order to practice Immigration law, the attorney only needs to be admitted to practice law in a state or territory of the U.S. Ask for the attorney’s bar number and state/territory they are licensed in so you can look them up to make sure they are actually licensed and not subject to any disciplinary proceedings. There are also BIA Accredited Representatives, who are non-lawyers working at non-profit organizations that have been granted permission to provide Immigration help by the U.S. Department of Justice. If they are not a licensed attorney in good standing with their state bar or an accredited representative, they are not authorized to assist you with your Immigration case. You can also check the Executive Office for Immigration Review (EOIR) list for all disciplined practitioners.
  2. Review the forms before signing and never sign a blank form. Make sure that you see the Forms being submitted on your behalf before it is submitted. If you have any questions, go over them with the attorney. If you need a translator, ask for one or bring your own. Never sign a blank form or a blank piece of paper. This is one way to get yourself in trouble as you may not know what is submitted on your behalf and it could negatively impact your case. Always ask for a copy of what is submitted on your behalf.
  3. You should never be charged for the Form itself. Most forms have filing fees and most attorneys will charge a fee for their services to prepare the forms and the accompanying evidence. However, you should never be charged for the actual form itself. This is a sign you are dealing with someone who is looking to take advantage of you. All forms are available online for free.
  4. Get a receipt for any payment made.
  5. Do not let your attorney keep your original documents. The attorney should always make copies of your personal documents, while you keep the original documents. If an original is needed, the Immigration official will ask to see it at an interview or hearing. Do not submit originals.
  6. Do not trust anyone who claims to know about secret laws. Any new laws or regulations are made public. Beware of people who ask you to pay to be put on a waiting list. This is not a thing.
  7. Track your case. In almost every scenario where you are seeking an Immigration benefit, you can track the status of your case. Many of these cases take time. They can take a very long time. This is due to the very very long back log of cases. If you used an attorney, you should be provided with a receipt notice once your application was submitted and received by USCIS. This can take a couple of weeks. That receipt notice will have a receipt number that can be used to track your case status online as uscis.gov. If you are in removal proceedings, there is a hotline that can be used to track the status of your case and to see when you have your next hearing date. If you try to use these and nothing comes up and the person you used to assist with your application or who says they are representing you in Court does not answer your calls within a reasonable amount of time (at least a week), you may need to get a second opinion.

The last point I want to make, and one of the main reasons people choose non-lawyers to assist them, is the cost. Inflation is high and the cost of everything is being felt by everyone. Many people are looking to save money where they can, and this can make people weary of using an attorney because attorneys can cost more than using a notario. However, in the long run, getting a competent Immigration attorney to assist you will save you money. The notario will likely mess up your case and you will end up having to pay for an attorney to fix the mess that is made, if it is fixable. Remember, you do get what you pay for. Don’t become a cautionary tale. Many law firms will provide payment plans to assist those on a budget. Don’t let the cost of representation push you into making a decision that could negatively impact the rest of your life.

The attorneys at The Orlando Law Group represent immigration clients in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Sanford, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you have a question about your Immigration case or whether you may have any immigration benefits available to you, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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The Pathway to Citizenship

Citizenship is Possible – An Immigration Attorney’s Perspective

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What does it take to be a citizen of The United States of America? For many, being born into their citizenship means that the process was not complicated; however, for the multitude that are striving to attain it, the pathway to citizenship can feel daunting. These individuals, many times, have very real stakes involved in their case. They have a life here in the United States they maintain or are planning to begin a life here, and they do not want to sacrifice that opportunity and start over somewhere new.

One of our areas that we practice here at The Orlando Law Group is Immigration Law, and we are always surprised to see how much conversation is being had on the topic of immigration, but never much about the actual laws involved. Often, the process only feels daunting due to the fact that so little is known about what goes into getting your citizenship here in this country. For this article, we wanted to ask Nicole Payne, our attorney who has experience handling immigration cases and is very passionate about immigration law, her perspective on the pathway to citizenship. She recently helped a client naturalize and wants people to understand – the American Dream is not dead.

How did you get involved with Immigration Law?

I always say I did not choose immigration law. Immigration law chose me, and that’s because right out of law school, I started my own law firm, and I kind of had to take what came in the door. I speak Hebrew fluently, and so I was getting a lot of calls from the Israelis in the community who heard that there is an immigration attorney who speaks Hebrew, so they felt comfortable reaching out to me to help them with their cases. So I got into it at first because I was getting the calls. I took one or two cases to see how I would like it. I loved it and thought it was a very feel-good area of law for me, and so I just decided to go ahead and stick to it.

You recently helped a client gain citizenship. What was that experience like?

So usually, the clients who I’m helping get citizenship have been my clients for a long time because citizenship is the last step that is part of a very long process – years and years of different milestones along the way that we have to keep working towards and getting approvals for. So when you get to that citizenship we’re at the finish line and so excited to cross it. The clients applying for citizenship are usually ones I have built up a relationship with, so it’s extra special to me.

Even if it’s a new client, it’s very monumental. It’s a big deal to become a citizen of the U.S. This is what everybody’s goal was when they first came here, and it opens up a lot of doors for them. It’s always a great feeling, and I know my clients are very happy as well, which makes it even better.

What are some factors that you believe stop people from progressing or coming to you for help?

I think that there might be some fear involved. I think people are afraid that they might not pass the English test because they might feel like their English is not so good. They may be afraid of the civics history test. They’re trying to put it off because they are afraid that they’re going to fail the test. Other factors may include financial reasons. They don’t know which lawyer to hire and they’re just kind of comfortable where they are because they have their green cards and they’re able to work and they’re able to travel. They may be wondering what’s really the point in getting the citizenship, even though when you have your citizenship, it opens up a whole world of possibilities that you weren’t able to do before. For example, voting, having a U. S. Passport, not risking the chances of deportation if you were to get arrested.

What are some detrimental conditions that can be caused by waiting to talk to you?

I’m sure people know just from watching the news, but immigration laws change daily, so you could have a law that changes overnight that really jeopardizes you. It could be, you know, if you are afraid of taking that test well, they just changed the law that makes the test harder or the fees have increased.

You mentioned recently in a social media post that the American Dream is not dead – what did you mean by this?

I work with people from all over the world. These people have it really rough in their home countries, and all they want to do is come here, have the opportunity to make a better life for themselves and for their families. I watch these people work harder than anybody else that I know. They are working ten times harder because the American Dream is incredibly meaningful to them. So to me, that’s the American dream. It’s still very much people who are immigrating here and having more opportunities to have a better life.

When people complain about their lives here in America, I really wish that I could give them a different perspective because the immigrants that I know are so grateful for that American dream.

What are some common pitfalls you believe individuals fall into that can cause complications with getting their citizenship?

Okay, I’ll give you the most recent example is we just had an election. There’s a lot of false information out there as to whether you’re eligible to vote in election or not, and there are people who are getting terrible advice that if you are a lawful permanent resident, you can vote in a presidential election or any election. You absolutely cannot, and it’s a disqualifier for citizenship.

So right now we’re seeing a lot of that where people who have been here and have done everything that they needed to do, went through the entire legal process to come here legally and work on their path towards citizenship so they can provide this life for their family. Now they are not able to naturalize. They can’t get their citizenship because they were told some false information. That’s the biggest pitfall I’m seeing right now. People don’t really know who to trust, who to believe and there is an abundance of misinformation out there.

Another pitfall I see when it comes to citizenship is people who try to do the cases themselves and don’t submit the required documentation. They are not putting their best case forward, and it could result in major delays in their case. What would normally take under a year now is taking much longer.

What would your advice be to anyone reading this and wondering how they will begin the process?

Well, there is one easy way, and that’s just to consult with the expert like we were just talking about. You know, an expert’s advice is so invaluable. I make it really easy for my clients. I don’t want the client to stress. I don’t want them to worry. I just want them to have a very easy process where I tell them everything I need. I’ll easily lay it out on a piece of paper of what I need from them. Along as I have their documents compiled, I can put everything together, and all we have to do is get them to review. I like to have the client trust me that I will take care of everything, and that they don’t have to worry about a thing. If someone is reading this and needed advice on how to begin, I would say give me a call.

What is the difference between an immigrant petition and non-immigrant petition?

Simply put, a nonimmigrant petition is one that does not lead to citizenship. It’s for people who are here temporarily. An immigrant petition is one that can be adjusted from their current status of whatever that immigrant petition will result in, to become a lawful permanent resident, where you can then naturalized/become a citizen.

When and how can I apply for U.S. Citizenship if I am a lawful permanent resident?

It depends on how you became lawful permanent resident. If you have been a lawful permanent resident for five years, no matter how you got it, you can become a citizen. If you’ve been a lawful permanent resident because you were married and are still married to a U. S. Citizen, after three years of being a lawful permanent resident, you’re able to become a citizen.  So it could be three years or five years, depending on how you got it.

What are some factors that can help my case when it comes to gaining citizenship?

This is something nobody really knows this coming into the country, but if you are a male and you are between the ages of 18 and 26 and you enlist in the military for the reserve – that is something that they ask for, and most often times people don’t do it. The attorney has to explain and justify this mistake that this person made by simply not knowing that it was a requirement of them. If the client has done it, then that’s really good.

Also, if your case is clean, where you don’t have any history of criminal arrests and you don’t have any taxes owed. Other than that, as long as you have the right documentation moving forward and you have been a lawful permanent resident for the required amount of time, then there aren’t really many issues as long as you’re able to go to the interview and pass the tests.

What would you say is one of the biggest myths when it comes to Immigration Law?

One myth that I can think of is some clients believe that showing up to a scheduled interview with an attorney is a bad look. That is a myth. Clients think that if they have an attorney there that the hearing officer will think that they are hiding something. Perhaps that’s why they needed an attorney to come to their defense? That is, quite simply, just one big myth – the idea that an attorney’s presence could have a negative impact on your case.

Rather, it’s the opposite. If you are represented by an attorney and an attorney is present at the interview with you, then you most likely will only be asked questions that are in the scope of their right to ask. I highly suggest always having an attorney present at interviews. It’s not going to jeopardize your case in any sort of way.

Do you expect any changes to occur or see any trends happening in 2021 regarding Immigration Laws?

Well, there have already been a lot of changes in regards to DACA. We’re seeing a lot of positive changes for the DACA recipients and they’re able to now apply again, which hasn’t been possible for them for a long time. So hopefully in 2021 they will provide a pathway to citizenship for all DACA recipients. That would be huge. Do I anticipate that happening? I can’t say one way or the other because it depends on who’s president and whether it’ll pass through Congress. I’m hopeful and I know that there are a lot of lobbyists out there who are advocating for these people and I do get updates on it all the time. Hopefully, we do see a lot of positive changes.

What is one of the most gratifying parts of working in Immigration Law?

The most rewarding aspect is definitely the client’s satisfaction. They seem to be extremely grateful for the success that comes about from their immigration process. When they meet me, they don’t even know if they qualify for citizenship, permanent residency, or visas. The advice that I give them and a little bit of creativity to fit them into a certain category helps to prove their case.

It’s truly rewarding to get that approval because the clients are just so happy. It’s meaningful to them. I’ve had clients invite me to their wedding. I’ve had clients bring me their babies when their babies are born to meet me. It’s really a rewarding area of law and it makes a difference in my life and the lives of my clients.

As you can see, Nicole embodies what it means to work at The Orlando Law Group. We care for our clients because we know our job is tied to their life. Gaining citizenship is a process that begins and ends with commitment. The client must be committed to the journey, and they must take the time necessary to endure. It can be a nerving process, one that may have you feeling uncertain.

That is why we are here to assist. You need someone that has experience in immigration and that will help to persevere alongside you. Nicole and the attorneys at The Orlando Law Group not only are committed to their clients, but they begin by understanding and caring for their client’s story. So very often, that is the story of hope. Many individuals dream of building a life here in The United States and together, we help that dream become a reality. For those that believe, that are willing to work with us and stay the course, their American Dream will never die, and we will never stop helping them achieve their goal of citizenship. If you are in the process of becoming a citizen and have questions – do not hesitate to reach out. Our consultations are free, and a conversation with us can only help.

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U.S. Work Visas

An Overview of U.S. Work Visas for Foreign Workers

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Immigration for Foreign Workers Coming to the US

Global marketing is no longer reserved for brands with deep pockets. Many Foreign businesses are expanding into international markets, and all of them eventually find themselves at the doorsteps of the United States, the world’s largest market. With this comes the relocation of employees, and the process of obtaining work permits suitable for those individuals to become employed in the United States.

This article will go into detail about the various visas and how to determine which are best suited for foreign employees who wish to emigrate from their home countries to work in the United States.  

E-2 Visa 

To obtain an E-2 visa for a temporary worker, a foreign national must be from an E-2 treaty country. However, one does not need to reside in an E-2 treaty country to qualify, many Brazilians fall under this exception.  Brazil is not a treaty country; but many Brazilians retain Italian citizenship since Italy is a treaty country, they too become eligible for an E-2 visa. The foreign investor must also own at least 51% of the company for it to qualify as an E-2 entity.

If this criterion is met, the applicant may go ahead and submit their application to their nearest U.S. Embassy. The applicant will then go through a visa interview and screening process to obtain a visa valid for five years.

Each E-2 temporary work visa holders may stay for a maximum of two years from the date of entry, leaving before that expiration. The spouse and children of an E-2 Visa Holder can obtain work authorization while in the United States. It is important to note that E-2 Visa Holder’s children who are 21 years of age and younger can attend school but cannot work.

L-1A Visa 

The L-1A visa is for managers, executives, or specialists of a foreign company who are being transferred to their company’s U.S. offices. The regulations for the L-1A visa states that applicants must within three years preceding the time of their application been employed continuously for more than a year by a qualifying entity.

The applicants must seek to enter the United States temporarily in order to render his or her services to a branch of the same employer parent affiliate or subsidiary of the qualifying entity. 

If a company is established in both countries, the L-1 can be valid for three years. If a foreign entity is forming a new company in the U.S., the applicant can receive a one-year visa and renew in increments of three years, until the employee has reached the maximum of seven years.

The spouse of an L-1 Visa Holder can obtain employment authorization while in the United States. Children (21 years and younger) can attend school but cannot work. The main concern with L-1’s is that they do not readily apply to small businesses.

H-1B Visa for Employee with a Specialty Occupation

When applying for the H1-B visa, the job must be classified within a DOL (Department of Labor) code in order to know what general job duties will be as well as determine what the prevailing wage will be. An Example of a position would be an Agricultural and Food Scientist (19-1012.00). This is an appropriate example as it requires a minimum of a bachelor’s degree.

For employees requesting H-1B status for the first time, please keep in mind a few things. The effective date for the H-1B is October 1 of each year, which is the government’s fiscal year start date. The applicant cannot file a visa application until April 1st of each year. Preliminary work takes a minimum of one and a half months to complete, so it’s imperative that they give enough time before that filing date to do the required. 

PERM / Green Card

There are three steps to undertake for permanent residence based on employment.

1.    The first step is to file an application for labor certification under the PERM provisions.

2.    The second step is to apply for the immigrant visa petition. Once this is approved, the process can move forward with the petition to classify the beneficiary as an immigrant worker professional. 

3.    The final step is an application for permanent residence or consular processing. 

The employer is legally required to pay for all fees and costs associated with the PERM process during the initial step. The second and third steps can be paid by either by the employer, the employee, or both.

It is important to note that candidate eligible for an H-1B may not necessarily qualify for permanent residence. One does not have to be in H-1B or have an educational degree to qualify for the PERM process.

Unless the employer can demonstrate that it cannot find a suitable US worker qualified and willing to fill the position, the labor certification application will not be approved. If this occurs, the employer can begin to advertise the position and hope that the attempt will not bring forth any willing and qualified U.S. workers applying for the position.  

Planning ahead for your employees and their families who might also want to come to the US and become citizens makes all the difference.  If you require assistance when the time comes to apply for a visa consult a professional who specializes in citizenship and immigration services and can expedite the process and prepare you for any bumps in the road.

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Know Your Immigration Options

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There are multiple occupations and opportunities for employment in the United States in several industries and categories that may qualify a person for a Visa in the U.S. including cultural exchange participants, agricultural workers, technology specialists, engineers, scientists, athletes and much more. All workers must obtain permission to work legally in the United States.

It is important you hire an attorney that understands the many different employment Visa opportunities, requirements, and conditions, including the authorized periods of stay.

Among the opportunities offered by the United States, an individual can apply for temporary (nonimmigrant) worker status, Permanent (Immigrant) Worker status, or Student and exchange visitors, who under certain circumstances may be allowed to work in the United States. You may also visit the United States for business purposes. Under this condition, you must obtain a Temporary Visitor for Business Visa, known as B-1 Visa. Unless you qualify for what is called a Visa Waiver Program (VWP). The Visa Waiver Program was instituted by the Immigration Reform and Control Act of 1986 allowing persons of certain countries to travel to the United States without having to obtain a nonimmigrant Visa (for no more than 90 days).

Citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP, unless citizens of one of these countries are also a national of Iraq, Iran, Syria, or Sudan.

•Andorra
•Australia
•Austria
•Belgium
•Brunei
•Chile
•Czech Republic
•Denmark
•Estonia
•Finland
•France
•Germany
•Greece
•Hungary
•Iceland
•Ireland
•Italy
•Japan
•Latvia
•Liechtenstein
•Lithuania
•Luxembourg
•Malta
•Monaco
•Netherlands
•New Zealand
•Norway
•Portugal
•San Marino
•Singapore
•Slovakia
•Slovenia
•South Korea
•Spain
•Sweden
•Switzerland
•Taiwan*
•United Kingdom**

 

 

 

 

 

 

 

 

 

*Eligible Taiwan passport holders with an approved ESTA will be able to visit the United States without a visa starting from November 1, 2012.

**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

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An Immigration Lawyer Can Help Make You a US Citizen

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One of the most important steps you need to take in your quest for permanent residency is acquiring legal employment in the United States. An immigration lawyer can help you navigate the mountains of paperwork necessary to do so.

It’s not all paperwork, though. A good immigration lawyer will act as a teacher or guide, explaining all of your options. Whether its regarding citizenship through marriage, obtaining a job legally, or the costs associated with filing for a green card, your attorney will act as a wellspring of knowledge which will give you peace of mind in this important time in your life.

Permanent resident law is vital to your continued immigration efforts. There are certain laws you must abide by to receive a green card, or hold onto one that you already have. Knowledge of these laws are vital as deportation could occur should they be broken. An important duty of an immigration lawyer is to inform you of such laws.

The greatest benefit in hiring an immigration lawyer comes in the end result: US Citizenship! The attorneys of The Orlando Law Group stand at the ready, prepared to aid you in your important journey. We look forward to being the first to congratulate you as a citizen of the United States! Call us at 407.512.4394 and speak to an immigration attorney today!

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What Are The Different Types of Student Visas

What are the Different Types of Student Visas?

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The United States offers many educational opportunities for citizens of other countries. Educational visas, also known as student visas, give non-immigrant students from other countries the ability to stay in the United States long enough to enroll in and finish an educational program. When the program is finished, the international student must return home.

The type of education sought in the United States determines the type of student visa required. There are three types of student visas: F-Type, M-Type, and J-Type. International students working on academics (high school and college, for example) must apply for an F-Type visa. Students who will attend vocational schools must complete the M-Type student visa. Finally, students participating in foreign exchange programs complete the J-Type student visa

Before applying for a student visa, an international student must first be accepted into an academic institution in the United States. They must go through the same application process as U.S. citizens.

After being accepted into a U.S. academic program, international students should immediately make an appointment with the consulate to attain a student visa. Quickly making the appointment gives students plenty of time to receive the visa before school starts. The meeting usually requires payment of a fee and a personal interview. Issues to discuss during the interview include whether or not the international student wants to work while residing in the United States and if the student plans to bring a spouse and children as well.

International students must submit several documents to the consulate. These documents include an F-1 or M-1 certificate of eligibility, an online non-immigrant visa electronic application, an international passport, a photograph, and receipts for all fees paid.

Several important factors weigh heavily in any application for a student visa. These include the applicant’s residency abroad, intention of returning to the resident country upon completing the curriculum, and sufficient financial support. Other documentation that may be required includes old transcripts, diplomas, and standardized test scores.

The law surrounding getting and keeping a student visa can be complicated. Tthe facts of each case are unique. If you need help with your Student Visa, give us a call and we can help you, at The Orlando Law Group.

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What is Naturalization

What is Naturalization?

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Naturalization is the legal process through which a foreign citizen or national can become a U.S. citizen. Naturalization is the only way to become a U.S. citizen if you were not born a U.S. citizen or did not acquire citizenship immediately after birth.

In order to be naturalized, an applicant must first be qualified to apply for citizenship. Then, he or she must complete an application, attend an interview, and pass an English and a civics test. Upon successful completion of these steps, the applicant takes an oath of loyalty, and becomes a citizen. These legal requirements help the immigration service ensure that only those people who are sincere in their desire to become Americans become naturalized.

The U.S. Citizenship and Immigration Services (USCIS) states that applicants for naturalization must be:

  • At least eighteen years old.
  • A lawful permanent resident of the United States.
  • Resident and physically present in the United States for at least five years at the time of application.
  • Of good moral character.
  • An attachment to the ideals of the U.S. Constitution.
  • A favorable disposition toward the U.S.
  • An ability to read, write, and speak English.

The residency requirement has some exceptions for time outside the country that your attorney can explain in detail.

The naturalization process can take an average of six months from the time you apply. To ensure that your application is not returned to you before it is fully evaluated, be sure all of the information requested is included with you application. You will also need current photographs taken, have your fingerprints taken, be interviewed and take the Oath of Allegiance.

As a naturalized citizen you are given certain privileges, such as the rights to:

  • Register and vote;
  • Hold a U.S. passport
  • Serve on a jury

Successfully naturalizing in the United States requires a thorough understanding of the steps involved, and careful preparation at each stage. If you or a loved one are considering becoming a U.S. citizen through naturalization, you should contact an experienced immigration attorney.

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What is a Fiancé Visa?

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If you are a U.S. citizen, you can bring your fiancé(e) to the United States to marry and live here, with a Nonimmigrant Visa for a Fiancé, known as a K-1. K-1 visas permit U.S. citizens to bring their foreign fiancés into the United States in order to marry. Under a K-1 visa, your foreign fiancé is allowed to reside and work in the United States. Once your fiancé enters the U.S., you and your fiancé have 90 days to marry and apply for permanent residency.

The Fiancé K-1 Nonimmigrant Visa is applied for, for the foreign-citizen fiancé(e) of a United States citizen. The K-1 visa allows the foreign-citizen fiancé(e) to travel to the United States and marry their U.S. citizen sponsor. After the marriage, the foreign-citizen will then apply for adjustment of status to a permanent resident with the Department of Homeland Security, U.S. Citizenship and Immigration Services. Because a fiancé(e) visa permits the holder to immigrate to the United States and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) is required to meet some of the requirements of an immigrant visa. Eligible children, which are unmarried children under the age of 21, of K-1 visa applicants receive K-2 visas.

In order to obtain a K-1 visa, certain requirements must be met, such as:

  • The petitioner must be a U.S. citizen
  • Both you and your foreign fiancé are free to get legally married
  • You met your fiancé within the past two years
  • Both you and your fiancé have intentions to marry within 90 days of your fiancé’s arrival in the U.S.
  • You meet the minimum income and financial requirements
  • Your fiancé does not meet any criteria that render them inadmissible to the U.S.

Having an attorney who is experienced with immigration to help you with your petition, can be helpful. One mistake or omission on your petition can cause a delay or denial of your fiancé’s visa. An attoney can help you fill out forms, submit documents, review your petition, and answer any questions or concerns you may have.

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How Can an Attorney Help with Immigration Applications?

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When you or a loved one is applying for an immigrant visa or green card in the United States, you are not required to have a lawyer. However, there are many different ways to obtain legal permanent residence or authorization to temporarily work in the United States. An immigration attorney can analyze the specific facts of your case and determine all possible options. Those options can then be discussed and evaluated in order to determine the best possible path to pursue.

An immigration attorney can prepare and file applications and/or petitions for you. Problems or delays with your application can be expected, and having someone knowledgeable and experienced prepare your papers can help. Your attorney will be there to represent you with the INS and in court. You won’t have to communicate directly with the government, all communication should be directed to your attorney, who will then advise you of the appropriate course of action. You need not decipher government instructions and regulations on your own.

For immigration court deportation proceedings, it is very advisable to have a lawyer. If the proceedings are not yet finished or are on appeal, your immigration situation is in the power of the courts. The application procedures are different than for those people who are not already involved in immigration proceedings. Even if the proceedings are over, you should ask a lawyer whether the outcome affects your current application.
The most common legal issue encountered by would-be immigrants is the claim by USCIS that they are inadmissible. Possible examples include having committed a crime or previously lied to the U.S. government. If you know that any of these grounds apply to you, it makes sense to get legal help before you begin the application process.

Even the simplest of U.S. immigration applications involves filling out some forms, and you will most likely be asked to follow detailed instructions about gathering and including other paperwork and fees. The paperwork can be tedious and complicated. If you submit them with mistakes, your application may be returned, delayed, or even rejected.

Immigration lawyers have dealt with this paperwork countless times before you, and have both the knowledge and the streamlined systems to prepare the applications smoothly. Hiring a lawyer can be well worth it for the peace of mind alone.

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What is An M-1 Visa?

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An M-1 Visa is a vocational student visa. The M-1 Visa allows you to come to the U.S. as a full-time vocational or nonacademic student. You are never allowed to change your course of study and you may not work during your course of study.

Qualifications:

  • To qualify for an M-1 visa you first must be accepted to an approved school. The school must be approved by the U.S. government. Once you have been accepted, the school will issue you a certificate (SEVIS Form I-20).
  • You must also be a bona fide student pursing a full course of study. A full course of study depends upon the program. For technical, vocational or another type of nonacademic program, you must attend at least 18 hours per week for classroom study. However, 22 hours minimum is needed if the course is primarily laboratory work.
  • The program you are enrolled in must lead to the attainment of a vocational objective, such as a certificate.
  • You must also know English well enough to study effectively.
  • You will also need to show that you have enough money to support yourself without working for the entire length of the program. You will need to show at the time you apply for the M-1 visa that you have enough cash on hand to cover all expenses for the first-year.
  • Additionally, because student visas are temporary, you will need to show your intent to return home after you have completed your studies.
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What is a Treaty Investor Visa (E-2)?

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An E-2 visa is a nonimmigrant visa; therefore temporary. However, even though the E-2 visa is temporary, the E-2 visa is renewable indefinitely. An E-2 visa allows business people from treaty countries to work in the U.S. for a business either they own or that is at least owned 50% by other nationals of their home country.

E-2 visas are also available to an accompanying spouse and unmarried children under age 21. The spouse is able to work in the U.S. but children cannot.

Requirements

  • You must be a citizen of a country that has an investor treaty with the United States. If you are a citizen of more than one country, at least one of the countries must have an investor treaty with the U.S.
  • You must be coming to work in the U.S. for a business that is owned at least 50% by citizens of your “treaty” country OR the business may be owned by you. The owners of the business may live outside the U.S. but must be eligible for an E-2 visa OR live inside the U.S. with E-2 visa status or another “nonimmigrant visa”.
  • E-2 visas are only issued to principal owners OR key employees of the business.
  • Either the business or you, as the owner, must have made a “substantial” investment in the U.S. There is no exact dollar amount that must be invested. However, it must be enough to show your commitment to the success of the business, establish the business, and sustain the future growth of the business.
  • The business must not just produce marginal profits. For example, you want the business to exceed what you need to support yourself and your family. Additionally, you want economic impact by making an economic contribution to the community, such as through hiring employees.
  • The business must be for-profit and actively involved in trade or services. You want to demonstrate that the business requires “active” supervision or executive oversight on a daily basis.
  • Finally, you must show your intent to leave the U.S. at the completion of your business. However, you are not required to maintain a foreign residence. But you will need to show that you have either family members, property, or possessions elsewhere as a reason for you to return.
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What is an F-1 visa?

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An F-1 visa is a student visa for academic studies. The F-1 visa allows you to come to the United States as a full-time academic or language student to earn a degree or certificate.

You may work part-time on campus or if it is economically necessary, you may work off campus with permission. You may stay in the Unites States to receive training through work experience for up to 12 months or if you have a “STEM” degree 17 months.

To qualify for an F-1 visa you first must be accepted to an approved school. The school must be approved by the U.S. government. Once you have been accepted, the school will issue you a certificate (SEVIS Form I-20). You must also be a bona fide student pursing a full course of study. A full course of study depends upon the program.

For example, if you are an undergraduate at a U.S. university, you must be enrolled in at least 12 semester hours. It is important to note that F-1 students are limited to taking only a minimum number of online classes. However, if you are an F-1 student in a language program, you can’t count online classes toward your full course requirement. The program you are enrolled in must lead to the attainment of a specific educational or vocational objective, such as a diploma or certificate.

You must also know English well enough to study effectively. Additionally, most colleges and universities will not admit students unless they pass the English proficiency test (TOEFL). You will also need to show that you have enough money to support yourself without working for the entire length of the program.

You will need to show at the time you apply for the F-1 visa that you have enough cash on hand to cover all expenses for the first-year. Additionally, because student visas are temporary, you will need to show an intent to return home after you have completed your studies.

Once you qualify for an F-1 visa your spouse and unmarried children under 21 can get an F2 visa. The school will issue separate I-20 forms for them. They will be unable to work in the United States.

Therefore, you will need to show proof of the family relationship and that you have enough money to support them while you are pursuing your studies.
Visit our immigration page to learn more about the services that we provide.

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