Posted by Michael Pollak on Sun, Aug 29, 2010 @ 03:09 PM
We all hear scary war stories of attempting to emigrate to the United States. From what one hears and reads, immigration to the United States is not for the faint hearted. However, a lot of misconceptions exist about this process. The secret to success in a smooth transition to moving to the United States, whether permanently or temporarily, is often just a mixture of understanding how the immigration process works and gaining knowledge on the best type of visa for you and your family.
Karen-Lee Pollak, shareholder and immigration practice chair of the AV rated U.S. law firm: Goins, Underkofler, Crawford & Langdon, LLP; will be in Johannesburg to conduct immigration consultations from 20 September to 03 October, 2010.
She will be providing consulting services at the law offices of Cyril Ziman & Associates, Inc., located at 43 Keyes Ave, Rosebank, Johannesburg. Please feel free to contact the local office at +27 11 880 9363 or contact Karen-Lee directly via email at karenp@gucl.com in order to schedule an appointment.
Posted by Michael Pollak on Wed, Aug 18, 2010 @ 07:40 PM
Karen will be in Johannesburg in mid-September and will be accepting immigration consultations from September 20, 2010 through October 3, 2010. She will be providing consulting services at the law offices of Cyril Ziman & Associates, Inc., located at 43 Keyes Ave Rosebank Johannesburg 2196. The telephone number there is 011-880-9363. Please feel free to call the local number to schedule an appointment or you can email Karen directly at karenp@gucl.com.
Please pass this information on to your friends and family who may be considering options to live and work in the United States.
Posted by Michael Pollak on Mon, Aug 17, 2009 @ 02:04 PM
An E-1 or Treaty-Trader visa is for individuals involved in the exchange, purchase or sale of goods, services or merchandise. Services include but are not limited to technology architecture, engineering consulting or accounting services. The trade must principally be between the United States and the treaty country. That is, more than 50 percent of the total volume of international trade must be between the U.S. and the treaty country. Also, the amount of trade must be sufficient to ensure a continuous flow
of international trade between the U.S. and the treaty country.
Finally, the trade in goods and services should be "substantial" in terms of value, volume or a large number of small transactions. There is no minimum dollar amount necessary for the investment to be considered "substantial" and this requirement is determined on a case by case basis. For example, the import or export of a million widgets at $0.50 per widget would be considered substantial. However, importing three machines at $333,000 per machine may not be considered substantial.
Posted by Michael Pollak on Mon, Aug 17, 2009 @ 01:45 PM
For most foreign nationals wanting to permanently live and work in the United States, the ultimate goal is to obtain a "green card" or permanent residency status. The most common method of obtaining permanent residency is through sponsorship by an employer or family member.
For wealthy individuals, a $1 million investment in a business that 
creates or preserves at least 10 full-time jobs is also an option. That amount is reduced to $500,000 where the business is located in areas of high unemployment or other qualifying rural areas.
However, where these options are unavailable, foreign nationals from countries with investment or commerce treaties with the United States may still obtain a visa to live and work in the United States by either investing in a business in the United States (E-1 visa) or by conducting trade with the United States (E-2 visa). The requirements of the E visa may be found in §101(a)(15)(E) of the Immigration and Naturalization Act; 8 U.S.C.A. §1101(a)(15)(E).
The E visa category may be used by various types of companies, whether owned by individuals or large multinational corporations, and may be used by the company's principals or by its employees. Although the E visa is considered a non-immigrant visa, unlike other nonimmigrant visas, it may be renewed indefinitely and the
E visa holder may apply for a green card through the business supporting the E visa.
There are three basic requirements for obtaining an E-1 or E-2 visa. First, a treaty must exist between the United States and the foreign national's home country. Germany, Italy, Switzerland, United Kingdom, Taiwan, Pakistan, Iran, Japan and Australia are just some of the countries that have treaties with the United States. Second, majority ownership or control of the investing or trading company must be held by nationals of the foreign country. Third, every employee or principal of the company seeking E visa status must be a citizen of the foreign country where the company
is based.
Posted by Michael Pollak on Sat, Aug 01, 2009 @ 01:07 PM
Making the H1-B Visa Cut-off for Fiscal Year 2009
In order to timely receive H1-B visas, applications should be filed on April 1, 2008. Prudent employers will be well served in starting to consider their employment needs for the upcoming fiscal year. The FY 2007 numerical cap was reached on April 2, 2007. It is likely that the FY 2008 H1-B cap may also be reached within a day unless Congress acts to raise the cap. Because the USCIS generally works on petitions in the order they were received, it may be worthwhile to pay the extra $1,000 premium processing fee to have an H1-B visa application adjudicated in 15 days - assuming the USCIS again makes premium processing for H1-B applications an option.
Unless Congress raises the annual H1-B visa cap, employers will have to file their H1-B petitions as early as possible and make use of other visas available to bring temporary workers to the United States for FY 2009. Readers are encouraged to contact their senators and representatives to push for an increase in the H-1B cap.
Posted by Michael Pollak on Sat, Aug 01, 2009 @ 01:07 PM
The "J-1" or "exchange visitor" visa is availableto foreign nationals to enter the United States as exchange visitors to participate in government approved exchange programs. First, the prospective employer must establish an approved exchange program. Such program may be sponsored by government agencies, private businesses or educational agencies. The foreign national may then enter the United States for the purpose of doing research, gaining training or studying. Depending on the foreign national's qualifications and the type of exchange program, the J-1 visa is available anywhere from 18 months for most trainees to 42 months for professors and research scholars. Certain foreign nationals may be subject to a two-year home residency requirement at the end
of their stay.
Posted by Michael Pollak on Sat, Aug 01, 2009 @ 01:07 PM
The TN Status Visa
Employers may continue to sponsor Canadian and Mexican nationals in "TN" status under the North American Free Trade Agreement (NAFTA). This visa is available to Mexican and Canadian nationals who have been offered a temporary position in one of the professions described in schedule 2 of NAFTA. The applicant must have the degree or credentials required for that profession. The TN visa is valid for one year and may be renewed indefinitely. A spouse of an employee in TN status is not eligible for work authorization.
Posted by Michael Pollak on Fri, Jan 18, 2008 @ 03:04 PM
On April 1, 2008, the United States Citizenship and Immigration Service (USCIS) will begin accepting "H-1B" visa applications for the 2009 fiscal year. Last year, the USCIS reached its H-1B visa quota in one day. By late afternoon on April 2, 2007, the USCIS received approximately 150,000 H-1B applications and had to resort to a random selection process to select applications which fell within the quota. All applications which were not selected or applications filed after April 3, 2007 were returned.
It is likely that the USCIS will also reach its H-1B cap for the 2009 fiscal year soon after April 1, 2008. The H-1B visa program enables U.S. employers to hire highly educated foreign professional workers for "specialty occupations" - jobs that require at least a bachelor's degree or the equivalent in the field of specialty. These foreign workers provide needed specialized or unique skills, fill a temporary labor shortage and/or supply global expertise. Holders of these visas can stay in the United States for up to six years.
Prudent employers should start considering and planning their H-1B visa needs for the upcoming fiscal year. It is also advisable for employers to start making contingency plans for bringing temporary professional workers to the United States if the H-1B cap is reached.