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An officer of the Immigration Service has the power to arrest an individual if there is a reasonable suspicion to believe that the individual is an alien and without the lawful right to be or remain in the United States and is likely to escape before a warrant could be obtained. If an alien is...
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To obtain a Labor Certification it must be proved that there are no qualified or available U.S. citizens or residents for the job requested. A Labor Certification qualifies an applicant for permanent residence. Over the past few months our office has received a good number of approvals: several have been approved by the Department of...
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Exchange Visitors may participate in various activities as teaching, studying, medicine, observing, research, and training. An important criteria is that the training may be of use in the exchange J visitor’s own country. J visa holders often have a home residency requirement, when they complete their U.S. training, for a 2 year period before they...
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These new regulations apply to labor certifications for permanent employment filed for aliens on or after March 28, 2005. The standards are the same as before, namely whether there are sufficient United States employees who are able, willing, qualified and available; and whether such employment will have an adverse effect on the wages and working...
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An E-3 treaty professional visa has been enacted to benefit Australian nationals who enter the U.S. temporarily to work in a specialty occupation. To be eligible, the Australian national must intend to work for a U.S. employer in a field requiring a theoretical and/or practical application of specialized knowledge, and who has attained a bachelor’s...
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This act protects children who, due to delays in processing of their or their parents’ visas through asylum or who are children of citizens or permanent residents as derivative beneficiaries reach their majority before they receive their permanent residence. The following protective measures are given by the Child Status Protection Act: CHILDREN OF A CITIZEN...
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The North American Free Trade Agreement (NAFTA) permits Canadians and Mexicans to enter the United States to perform the work set forth below without the requirement of work visas. Written proof must be shown that applicants will do any of the following for a company in Canada or Mexico: a. Research and design;b. Growth, manufacture...
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Circuit Courts have noted a decline in the quality of immigration administrative adjudications because of undue pressure on Immigration Judges to promptly complete their schedules. Faulty legal reasoning, lack of judicial courtroom behavior and discrimination are among the objections of the Federal Court. As a result, new hearings have been granted because of failure to...
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