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1 2012 5

1.1 February . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

About (2012-02-01 08:58) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Information about Nonimmigrant Visa Processing at Consulate (2012-02-01 09:33) . . . . . 7

1.2 July . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Basic Information About The B Category Visa To USA (2012-07-13 08:10) . . . . . . . . . 9

1.3 November . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Basic Information About The F Category Visa To USA (2012-11-12 08:29) . . . . . . . . . 11

F-1 Visa Category: Employment Option For Students (2012-11-27 10:00) . . . . . . . . . . 15

1.4 December . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

How to get a Practical Training For USA Student Visa? (2012-12-24 10:30) . . . . . . . . . 21

Basic Information About The J-1 Category Visa To USA (2012-12-29 10:24) . . . . . . . . 28

2 2013 33

2.1 January . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Basic Requirements For Obtaining J-1 Status (2013-01-14 11:21) . . . . . . . . . . . . . . . 33

Basic Information About The H-2B Category Visa To USA (2013-01-16 06:07) . . . . . . . 36

Basic Requirements For Obtaining H-2B Status (2013-01-24 08:49) . . . . . . . . . . . . . . 41

Basic Information About The E Category Visa To USA (2013-01-26 07:18) . . . . . . . . . 45

2.2 February . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Basic Information About the O Visa Category (2013-02-09 09:16) . . . . . . . . . . . . . . . 48

Basic Requirements for Obtaining O-1 and O-2 Status (2013-02-20 09:41) . . . . . . . . . . 50

Basic Information about the P Visa Category (2013-02-25 10:22) . . . . . . . . . . . . . . . 53

2.3 March . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Basic Information about the L Category (2013-03-07 07:04) . . . . . . . . . . . . . . . . . . 56

Basic Information about the TN Visa Category (2013-03-18 08:19) . . . . . . . . . . . . . . 58

Basic Requirements for Obtaining TN Classification (2013-03-22 08:32) . . . . . . . . . . . 61

2.4 April . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

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Basic Requirements for Obtaining P-1 Status (2013-04-04 06:53) . . . . . . . . . . . . . . . 63

Basic Requirements For Obtaining L-1 Status (2013-04-15 10:06) . . . . . . . . . . . . . . . 65

What is the Procedure for obtaining L-1 Visa Status? (2013-04-26 09:03) . . . . . . . . . . 68

2.5 May . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

What is the Procedure for Canadian TN Professionals? (2013-05-03 11:12) . . . . . . . . . 70

How to change of Status to the J-1 Category? (2013-05-13 10:10) . . . . . . . . . . . . . . . 72

2.6 June . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Basic Information about Immigration Based on a Family Relationship (2013-06-28 07:24) . 75

2.7 July . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

Requirement for Permanent Residence based on a Family Relationship (2013-07-19 08:56) . 78

2.8 August . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Information of Close Family Members of Citizens or Permanent Resident (2013-08-31 04:41) 81

2.9 October . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

VA Bankruptcy Lawyer�: How To Hire Bankruptcy Attorney (2013-10-08 11:05) . . . . . . . 84

2.10 November . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

How to hire USA Investor Visa Attorney? (2013-11-06 08:36) . . . . . . . . . . . . . . . . . 87

2.11 December . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

How to Hire a Family Law Attorney? (2013-12-16 07:00) . . . . . . . . . . . . . . . . . . . 89

3 2014 93

3.1 January . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

EB-5 Investor Visa (2014-01-06 06:04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

Why Choose Wani & Associates for your Bankruptcy Case (2014-01-21 11:25) . . . . . . . . 96

3.2 February . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

Essentials for Filing Bankruptcy (2014-02-08 07:01) . . . . . . . . . . . . . . . . . . . . . . 100

3.3 March . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

Why should you Hire an Immigration Attorney? (2014-03-29 12:32) . . . . . . . . . . . . . 102

3.4 April . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

DIP (Debtor–In-Possession) Financing (2014-04-25 10:45) . . . . . . . . . . . . . . . . . . . 104

3.5 May . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

How to get a small business loan after Bankruptcy? (2014-05-30 11:28) . . . . . . . . . . . 105

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Chapter 1

2012

1.1 February

About (2012-02-01 08:58)

Immigration | Bankruptcy | Personal Injury | Criminal Defense | Family Law |Attorneys at Wani and Asso-ciates

Mumtaz A. Wani is licensed to practice law in Commonwealth of Virginia, State of Maryland and Courtsin India. Mr. Wani ’s practice concentrates on Immigration Law, Family Law, Personal injury, Bankruptcy,International Trade and Corporate Law. Mr. Wani has represented Domestic and International Companiesin Commercial Disputes. With over 27 years of legal experience, Mr. Wani has represented hundreds ofInternational clients as well as Northern Virginia, Maryland, and Washington DC metropolitan area residentsin complex legal areas to maximize their opportunities in the fields of immigration law, family law, andcorporate law, while minimizing their risks. Mr. Wani is a graduate of the George Washington UniversitySchool of Law. He is an member of the Virginia Bar association, Maryland Bar Association, New Delhi BarCouncil, International Bar Association. He has over 27 years of legal experience. Mr. Wani ’s advice on legalmatters is solicited on regular basis on TV and Radio programs. He also publishes his legal advice in localjournals and newspapers.

$499 TO START BANKRUPTCY

Benefits at Wani Associates

• Get a initial 100 % FREE financial analysis with real answers

• Quick compilation your eligibility for Chapter 7 bankruptcy

• Contact today to avail Affordable fees $999 Bankruptcy package

• We are a full service bankruptcy law firm

Bankruptcy

If you are unable to pay off your bills, or facing foreclosure, you may have the option of filing for Bankruptcy.We will explain the advantages and disadvantages of filing bankruptcy. Bankruptcy provides relief to people indifficult financial circumstances-hundreds of thousands of people each year. Bankruptcy is especially helpful

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for people who have high unsecured debts like medical bills, credit card debt and unsecured personal loans.The automatic stay goes into effect immediately, stopping creditors and debt collectors in their tracks. Ifthat sounds like the kind of breathing room you need, just fill out the form below to speak to a bankruptcylawyer in your area.

Immigration and Citizenship Attorney

Benefits at Wani & Associates, P. C.

• Get a initial 100 % FREE counseling directing with attorney

• Quick compilation your eligibility for EB1, EB1 or other

• Contact today to start your process on the same day with affordable fees

• We are a full service immigration law firm

• Languages spoken: English, Spanish, Urdu, Hindi

Immigration

A United States Permanent Resident Card, also known as a Green card, is an identification card attestingto the permanent resident status of an alien in the United States of America. Green card also refers to animmigration process of becoming a permanent resident. The green card serves as proof that its holder, aLawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permissionto reside and take employment in the USA. The holder must maintain permanent resident status, and can beremoved from the US if certain conditions of this status are not met.

Green cards were formerly issued by the Immigration and Naturalization Service (INS). That agency hasbeen absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS), part of theDepartment of Homeland Security (DHS). Shortly after re-organization BCIS was renamed to U.S. Citizenshipand Immigration Services (USCIS).

An alien with a green card application can obtain two important permits while the case is pending. The firstis a temporary work permit known as the Employment Authorization Document (EAD), which allows thealien to take employment in the United States. The second is a temporary travel document, advance parole,which allows the alien to re-enter the United States.

Types of Immigration U. S.

Immigration legislation in the Immigration and Nationality Act (INA) stipulates that an alien may ob-tain permanent resident status only through the course of the following proceedings:

•Immigration through a family member•Immigration through employment•Immigration through investment•Immigration through the Diversity Lottery•Immigration through ”The Registry” provisions of the Immigration and Nationality Act

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Information about Nonimmigrant Visa Processing at Consulate (2012-02-01 09:33)

[1] Before a foreign visitor can enter the U.S.A. in a [2]nonimmigrant status, heor she must obtain a visa from a U.S. consulate located outside the [3]United States. This rule applies toall foreign nationals except Canadians and a few others groups. This exemption covers Canadian citizensonly (an identical exemption covering Canadian landed immigrants was recently revoked as discussed below).A Canadian citizen does not obtain a visa, but rather presents himself or herself to the[4] immigrationofficer at the border (either a land crossing point or an international airport). At the border, the Canadiannonimmigrant documents that he or she is eligible for admission to the U.S. as a nonimmigrant by presentingto the [5]immigration officer the same type of documentation as other nationals do to U.S. consulates. Theone exception to this procedure relates to Canadian nationals seeking E status under the North AmericanFree Trade Agreement (NAFTA) who must apply for an E visa at the U.S. consulate in Canada.

Another class of nonimmigrant exempted from the visa requirement includes nationals of selected coun-tries participating in the [6]Visa Waiver Program (VWP). This special program permits the arrival of alienswithout a visa of they are citizens of certain designated countries visiting the United States in the B category(for tourists and short-term business visitors). The program was established for nationals of countries withgood “track records” of tourists and business persons who abide by the terms of their admission to theUnited States and do not work or overstay their visits. Citizens of 27 countries have been included inthe program –Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland,Ireland, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, SanMarino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Periods of stay arelimited to 90 days, and other limitations apply as well; if the foreign national ‘s plans can be fitted within90-day limit and other restrictions, however, the convenience and time-savings of avoiding obtaining a Bvisa at the U.S. consulate can be a significant advantage.In January 2003, the [7]Immigration Service andState Department issued rules that require landed immigrants of Canada from the British Commonwealthcountries to obtain nonimmigrant visas in order to enter the United States. The new regulations took effect

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on March 17, 2003. The rules provide that permanent residents of Canada (commonly referred to as landedimmigrants) having a common nationality with Canadian nationals or residents of Bermuda who share acommon nationality with British subjects in Bermuda mist present a valid [8]passport and visa when applyingfor admission to the United States. Nationals of Ireland and British Commonwealth countries, who reside inCanada, will be affected by this change. Permanent residents of Canada or Bermuda who are nationals of adesignated visa waiver program (VWP) country who present a valid passport may still be admitted underthe VWP. The rule will not alter existing waivers of passport or visa requirements for Canadian citizens offor citizens of Bermuda, now referred to as “Citizens of the Overseas Territory of Bermuda.” Nationals of 54countries who reside in Canada or Bermuda have benefited from the waiver and these individuals will nowneed to obtain [9]nonimmigrant visas to enter the United States, unless they are entering for less than 90days as short-term visitors for business or pleasure and are eligible to enter under the Visa Waiver Program.In light of the new policy, the U.S. Embassy in Canada has outlined visa procedures for Canadian landedimmigrants who are affected by the new policy.

Application process

[10]Foreign nationals seeking nonimmigrant visas must file an application at a U.S. consular post abroad.The application package consists of Form DS- 156, or DS-160 (Electronic filing) Special Supplements (field in

particular cases), the [11] applicant’s passport and photograph, [12]applica-tion fees (based on reciprocity), fee for issuance of machine readable visa, evidence of approval of petitionor certification from sponsoring institution (when required) , and supporting documentation establishingeligibility for type of visa sought.

State Department rules provide that a nonimmigrant visa application can be made at any visa-issuing[13]U.S. consulate, not just a consulate in the alien’s home country. In practice, however, aliens who arenationals of countries with a high rate of visa refusals and overstays may find it difficult to have a visa issuedat consulates in third countries. In addition, certain[14] nonimmigrant visa applicants are required by law tosubmit their applications at a consulate located in the country of the alien’s nationality. The requirementsis applicable to an applicant who was issued a nonimmigrant visa in the past, was admitted on the basisof that nonimmigrant visa, and remained in the United States beyond the period of stay authorized bythe USCIS. Absent extraordinary circumstances the applicant is not eligible for further nonimmigrant visaissuance except in the country of the alien’s nationality. Applications for E visas field by third country of thealso unlikely to be adjudicated. The reasons for this is that E visa applications present complex issues thatoften are best examined by the consulate located in the alien’s home country.The individual visa applicationmust be submitted according to the post’s established procedures, e.g., via mail, in person, via courier, etc.Once a visa application has been field, the consular officer will review the application and the supportingdocumentation to determine the alien’s eligibility for the nonimmigrant visa sought. The next step is thevisa interview with the visa applicant (unless the requirement is waived). The consular official will alsorun security checks on the applicant through government database. It should be noted that a number ofnew State Department Security procedures have been established in recent years. Foreign nationals mayfind themselves subject to additional security clearances, lengthier and more frequent personal interviewsat consulates or embassies, biometrics collection, and additional documentary requirements. Since staffing

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has not increased, the wait to get a visa issued has grown as a result of these new procedures. If the officercan make a determination on the[15] visa application based on the papers submitted and the interview, itis possible that the visa can be issued the same day as the interview (provided all security clearances havebeen completed by the date of the interview). If more information is requested by the officer or the securityclearances have not been completed, the applicant will have to return, either for another interview or to havethe visa issued. While the nonimmigrant visa has traditionally taken the form of a visa stamp placed in thealien’s passport all consulates now issue machine-readable visas. The number of entries and the period ofvalidity of the visa depend on the visa category and the visa applicant’s nationality, as the maximum periodof validity and numbers of entries are set on the basis of reciprocity between the U.S. and the foreign state.

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1.2 July

Basic Information About The B Category Visa To USA (2012-07-13 08:10)

B Category Nonimmigrant Visa Process.

1. General Requirements

The B nonimmigrant [1]visa category covers alien visitors for business (B-1) and pleasure (B-2).Sec101(a)(15)(B) of the Act, 8 U.S.C.A. Sec 1101(a)(15)(B). By far the vast majority of aliens who enter the[2]United States each year do so as nonimmigrant visitors in the B visa category. Generally, stays in theUnited States in this category are brief, and involve such activities as touring, visiting family members,obtaining health care, or conducting business on behalf of an overseas employer. The trips are temporaryand cannot involve employment in the United States or the undertaking of an [3]academic study program.

2. Duration of Stay

While most stays in the U.S. in the B visa category are short, it is possible under current B rulesto obtain a period of admission of one year on initial entry to this country. In addition, extensions of staycan be granted for no more than six months at a time.

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A [4]business visitor (B-1) will be granted only a period of entry necessary to conduct his or herbusiness. Most such visits are approved for less than three months, and only in unusual circumstances woulda stay of more than six months be granted. [5]Tourists in the B-2 category are automatically given a periodof entry of six months, even if the visitor intends to remain only for a shorter period. A longer period thansix months can be granted, but only under unusual circumstances, while a border agent can give less than sixmonths only ”for good cause,” and only when approved by a higher-level official.

Admissions under visa waiver programs: Aliens admitted to the United States as part of the VisaWaiver Program (VWP) or the Guam [6]Visa Waiver Program have different rules applicable to themregarding duration of stay and extension of stay.

3. Application Process

Unlike many other [7]nonimmigrant categories, the B visa category requires application only to theU.S. consulate; no special permission needs to be obtained from the Immigration Service in the U.S. before avisa is issued. The [8]visa application process is straightforward and for many foreign nationals, particularlyfrom Europe, the visa can be issued for a period of validity upto 10 years and for an unlimited number ofenteries. To addition, a visa waiver program has been put into effect for visitors from 27 countries.

4. Special Conditions

The key [9]condition of the B category is that the alien cannot engage in gain-full employment (la-bor for hire) in the U.S. The crucial factor is: Will the alien be paid a salary from a U.S. employer orotherwise engage in activity here that results in payment to the alien of a fee for [10]services rendered? Grayareas on this point can become a problem for some business visitors in the B-1 category.

5. Family Members

Unlike most other nonimmigrant categories, no derivative status is provided to family members ofprincipal B nonimmigrants. As a result, family members must independently qualify for[11] B status. Forexample, a spouse of a B-1 business visitor may be able to qualify for B-2 status if accompanying or followingto join the B-1 spouse. The B-2 category has been utilized for family members of [12]nonimmigrants in othercategories who do not themselves qualify for derivative status provided all standards for B-2 classification aresatisfied.

6. Visa Waiver Program

Nationals (i.e., citizens) of 27 countries do not need to obtain B visas for business or tourist visitsto the United States of 90 days or less, provided certain conditions are met. The countries are Andorra,Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan,Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore,Slovenia, Spain, Sweden, Switzerland, and the United Kingdom (note that, under a different rule), visas arenot required for Canadian citizens, some Canadian permanent residents. The advantages of avoiding the[13]visa-issuance process are many, including savings in time and the convenience of travelling on short notice.The limitations placed on persons who participate in the visa waiver program (VWP) should be carefullynoted, however, because some of the limitations may make its use inappropriate for a particular national.


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1.3 November

Basic Information About The F Category Visa To USA (2012-11-12 08:29)

F Category Nonimmigrant Visa Process:[1]


Foreign nationals may enter the United States as nonimmigrant in order to engage in [2]academicstudies in this country, subject to certain restrictions. These students, who can range from elementary schoolstudents to doctoral candidates and persons engaged in postdoctoral studies, are classified in the [3]F visacategory. Sec 101(a) (15) (F) of the INA, 8 U.S.C.A. Sec 1101(a) (15) (F).

Students in vocational or nonacademic programs at one time were included in the F category, butsince 1982 have been admitted only in the [4]M visa category. This category, with much greater limitationsthan are placed on the F category, is not discussed here. Students in academic programs can also be admitted

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to the U.S. in the J visa category for exchange visitors, if the school sponsors an exchange visitor programrecognized by the U.S. Department of State. Many schools have such programs. The [5]J visa categoryhas a major disadvantage for some students: if the program is funded in whole or in part by the student’sgovernment or the U.S. government, the student may be subject to a requirement that he or she return tohis or her home country for two years before being permitted to return permanently to the United States orto return temporarily to work in the H or L [6]nonimmigrant categories.

As long as F-1 students are bonafide nonimmigrants, they can pursue their academic goals in theU.S. without regard to the availability of similar training in their own country, and can remain here for manyyears in order to complete a full academic program. They may even engage in a specific period of practicaltraining after completion of their studies as long as the training would not be available in their own country.

2. Duration of Stay

Unlike most other nonimmigrant who are given a definite period of stay in the United States, for-eign students are permitted to remain in the U.S. for the ”[7]duration of status.” Duration of status meansthat a student remains in valid status during enrollment in any number of academic programs (e.g., highschool followed by college followed by master’s degree), plus any periods of authorized practical training, anda 60-day grace period to depart the U.S.

Several years ago, the [8]Immigration Service adopted rules that eliminated completely the exten-sion of stay application for foreign students. Under the rules, the student remains in valid status as long ashe or she has not exceeded the estimated program completion date inserted by the designated school officialon the student’s Form I-20; that date, in turn, can be an estimate based on the time an average foreignstudent would need to complete a similar program in the same discipline, and can include a grace period ofup to one year. If a student completes the program by the estimated completion date, he or she can advanceto the next academic level without requesting an extension from the USCIS, and remain in statement of[9]student status.

Reinstatement requires that the student show that the violation of status was due to circumstancesbeyond the student’s control or that the student would suffer ”extreme hardship” if he or she is not reinstated.


The foreign national seeking to enter the United States to study does not need any advance per-mission from the Immigration Service. The student must obtain a certificate of eligibility (Form I-20)from the academic institution at which he or she will enroll, and submit this certificate, together with a[10]nonimmigrant visa application and supporting documentation, to a U.S. consulate in the alien’s homecountry. Once the visa is issued, the student can apply at the border for admission to the U.S., the sameas any nonimmigrant. A prospective student already in the U.S. in a different nonimmigrant status mayapply to the USCIS to change to student status to undertake studies here. Such changes are often viewedskeptically by[11] immigration officers, however, based on their suspicion that the alien intended to engage instudies when he or she entered the U.S. in the different category.


Foreign students must be enrolled in a full course of study, not part-time studies (although a lim-ited exception exists for certain border commuter students). They must also demonstrate prior to thegranting of a [12]visa that they have sufficient means of support to cover them through their full academicprogram. Authorization to work because of financial need is granted to students in only the most limited

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circumstances. Other limited employment opportunities are also available to students. Although the spousesand family members of students may enter the U.S. with the principal student in the [13]F-2 visa category,under no circumstances may they be granted permission to work. Unlike some students who enter inan exchange-visitor program sponsored by their school (J-1 status), F-1 students are not subject to any[14]special requirement to return to their home countries for two years prior to accepting employment here asa nonimmigrant or prior to immigrating.

IIRIRA imposes special restrictions on the granting of F-1 status to attend public schools. Notethe following:

• An alien cannot be granted F-1 status in order to pursue a course of [15]study at a public elementaryschool or in a publicly funded adult education program.

• An alien cannot be granted F-1 status to attend a public secondary school unless the alien reimbursesthe school for the full, unsubsidized per capita cost of his or her education, and the alien intends toremains at the school in such [16]status for no more than a year.

• An alien who obtains an[17] F-1 visa to attend a private elementary school, or a language trainingprogram that is not publicly funded, may not transfer into a publicly funded elementary school, apublicly funded adult education program, or a publicly funded adult education language trainingprogram.

• An alien who obtains an F-1 visa to attend a private secondary school may not transfer into a publiclyfunded secondary school unless the alien intends to remain at the school in such status for no morethan a year, and the alien reimburses the school for the full, unsubsidized per capita cost of his or hereducation.

A [18]student who obtained F-1 status to attend a private school and transfers into a public school or apublicly funded adult education program as prohibited by the new law is considered to be in violation ofstatus and is therefore subject to removal. In addition, such an alien is inadmissible until he or she hasremained outside of the United States for a continuous period of live years. These changes went into effecton November 30, 1996.

5. Family Members of the F-1 Student

Family members of the foreign students may enter the U.S. in the [19]F-2 visa category. Eligible fam-ily members include the spouse and minor children of the F-1 student. A minor is a person under 21 years ofage. Keep in mind that each family member must present a Certificate of Eligibility issued in his or her ownname under [20]new rules issued in December 2002. A new form is required for a dependent when there hasbeen any substantive change in the F-1 student’s current information.

Although the spouses and family members of students may enter the U.S. with the principal studentin the [21]F-2 visa category, under no circumstances may they be granted permission to work. The F-2 spousemay not engage in full-time study, and the F-2 child may only engage in full time study if the student is inan elementary or secondary school. [22]The spouse may engage in study that is a vocational or recreational in nature. A failure to abide by theserestrictions may result in a finding of a violation of status and may lead to the dependent’s removal.

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F-1 Visa Category: Employment Option For Students (2012-11-27 10:00)

Student Visa Employment Information For F-1 Visa:[1]

Generally

While, for the most part, students may not engage in employment in the United States, in some instancesemployment is permissible or can be authorized. [2]Students may engage in periods of pre-graduation practicaltraining or practical training upon completion of their educational programs, as long as the training in theirfield of study. During a student’s [3]academic program, he or she may be authorized by the USCIS to [4]workoff’-campus because of unforeseen economic necessity.

Students may also engage in some types of on-campus and work/study employment, and may do so withoutexplicit authorization from the USCIS. Likewise, off-campus employment that is a part of a fellowship,scholarship, or assistant-ship grant or postdoctoral research for which the student is paid by the school isappropriate without USCIS authorization. Without an explicit [5]employment authorization document fromthe USCIS, many employers unfamiliar with the rules on employment authorization may be reluctant to hirethese students. Designated school officials provide students with documentation in these cases: notations onthe student’s Form I-20 and letters to employers verifying the [6]student’s employment eligibility.

On-campus and work/study (curricular) employment permissible without explicit USCIS au-thorization:

(A). On-campus employment

Two types of [7]on-campus employment are permissible for students without any type of authorizationfrom the USCIS:

1. On-campus employment that will not displace a [8]U.S. resident

2. On-campus employment pursuant to the terms of a scholarship, fellowship, assistantship, or postdoctoralappointment

• In either case, the student must he pursuing a full course of study, hut can work full-time during vacationor recess periods, as long as the student will be [9]registered for the coming term. Once the student’seducational program is completed, he or she is not entitled to engage in on-campus employment withoutauthorization and can only work pursuant to a period of authorized practical training.

• With regard to employment that will not displace a [10]U.S. worker, the judgment on this issue isbasically left to the school, although the USCIS would be extremely sensitive to complaints, for example

15

from a labor union, that foreign students were being used in a position that is displacing U.S. workers.The on-campus employment can be for a commercial firm providing on-campus services for [11]students,such as in the school bookstore or cafeteria. On-campus employment cannot exceed 20 hours a week,except during holidays and recesses.

• With regard to employment pursuant to the terms of a scholarship, fellowship, or assistantship, theemployment is considered to be a part of the student’s academic program, as is a postdoctoral researchappointment. This [12]work is considered to be ”on-campus” even if it is performed in a location not onthe school’s premises, as long as the location is ”educationally affiliated” to the school. Like other typesof on-campus employment, however, such employment cannot exceed 20 hours & week while school isin session.

• On-campus employment may include employment at off-campus locations that are educationally affiliatedwith the established curriculum and contract-based educational a nations. The [13]provision enablesgraduate students to conduct research under the supervision of a professor who has a contract-basedresearch grant which is not payable through the educational institution.

Note two additional points regarding on-campus employment:

• In the case of a transfer, the student may only engage in on-campus employment at the school havingjurisdiction over the student’s SEVIS record (the transfer school has jurisdiction over the [14]student’sSEVIS record on the ”release date” specified by the current school).

• Upon initial entry in F-1 status to begin a new course of [15]study, the student may not begin on-campusemployment more than 30 days prior to the actual start of classes.

(B). Curricular Practical Training

Some schools have alternate work/study courses as a part of the regular curriculum, either for all stu-dents or for students in particular programs of study. A student may engage in off-campus employment thatis required by a work/study or [16]cooperative education program in which the student is enrolled, and maydo so without obtaining explicit USCIS authorization.

In addition, the Immigration Service has identified two other situations which will be con-sidered curricular practical training:

• The student is given course credit for the employment, even when the course is an elective in thestudent’s program, e.g. two credits for summer employment in the student’s major field. The coursemust be described in the school’s catalog with course objectives clearly defined, and must be a regularpart of the [17]curriculum, with a faculty member assigned to oversee the course.

• The student is not given credit for the employment, but the internship or practicum is a mandatoryrequirement for graduation. Again, the requirement should be included in the school’s catalog. Thisprovision permits F-1 students to participate in educational programs, such as hotel management,nursing, [18]law, engineering, and teaching, which routinely require their students to undertake noncreditinternships.

• Some schools with long-standing relationships with particular employers have established programsunder which the school’s students may be hired for course credit by the employer. Other schools haveestablished course requirements for internships to meet the [19]Service guidelines.

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• Students who receive one year or more of full-time curricular practical training curricular employmentis barred for foreign students during their first academic year in [20]student status, even if such earlycurricular employment is normally required at the student’s school.

• A student may be authorized 12 months of practical training, and becomes eligible for another 12months of [21]practical training when he or she changes to a higher educational level.

As noted, the student does not need USCIS approval to engage in curricular practical training. Instead,a request for authorization for curricular practical training must be made to the designated school official.Finally, the DSO must sign, date, and return the SEVIS Form I-20 to the student prior to the student’scommencement of employment. Keep in mind that Form I-538 is no longer required in these cases under newrules issued in December 2002 because notice to the [22]Immigration Service is accomplished through SEVIS.

Off- campus employment authorized by the USCIS because of unforeseen economic neces-sity.

For a student to be eligible for employment authorization because of unforeseen economic necessity, thefollowing requirements must be met:

1. The student must show that he or she needs to work because of ”[23]severe economic hardship causedby unforeseen circumstances beyond the student’s control.” The rules highlight the following unforeseencircumstances:

• Loss of financial aid or [24]on-campus employment without fault on the part of the student.

• Substantial fluctuations in the value of currency or exchange rate.

• Inordinate increases in tuition or living costs.

• Unexpected changes in the [25]Financial condition of the student’s source of support.

• Medical bills or other substantial and unexpected expenses.

• The student must show that suitable on-campus employment is unavailable.

2. The student must have completed one full academic year in [26]F-1 status.

3. The student must be in good academic standing as determined by his or her designated school offi-cial and must be carrying a full course of study.

4. The student has demonstrated that acceptance of employment will not interfere with the student’scarrying a full course of study.

5. The student must obtain a recommendation from the designated school official in favor of work au-thorization.

6. The student must obtain an employment authorization [27]document from the USCIS.

7. The student may work no more than 20 hours per week when school is in session (full-time work ispermissible during vacation period).

17

8. The [28]employment authorization is automatically terminated whenever the student fails to main-tain status.

(A). Procedures to obtain work authorization because of unforeseen economic necessity:

The rules set out the following procedural steps for a [29]foreign student to obtain employment autho-rization based on unexpected financial problems:

• The student must request a recommendation from the DSO for off-campus employment.

• The designated school official evaluates the request and makes a recommendation on it; actual em-ployment authorization must be applied for with the USCIS based on the designated school official’srecommendation. The designated school official evaluates the request to determine if

• The student has been in [30]F-1 status for one full academic year.

• The student is in good standing and is carrying a full course of study, as defined by the rules.

• The student has demonstrated that acceptance of employment will not interfere with the student’scarrying a full course of [31]study.

• The student has demonstrated that the employment is necessary to avoid severe economic hardshipcaused by unforeseen circumstances beyond the student’s control.

• The student has demonstrated that on-campus employment is unavailable or otherwise insufficient tomeet the unforeseen circumstances.

1. The designated school official completes the certification in [32]SEVIS. Form I-538 is no longer requiredin these cases under the SEVIS rule issued in December 2002. The DSO endorses Form I-20 with therecommendation and returns it to the student.

2. The student applies for employment authorization by mailing the application to the USCIS servicecenter with jurisdiction over his or her place of residence. Because the application must be mailed to theservice center, it must include photos, which will be included on the employment authorization document(EAD) issued to the student. Therefore, the [33]checklist for the EAD application for students seekingauthorization based on unforeseen economic necessity includes:

• [34]Form I-765

• Form I-20, with the employment page demonstrating the DSO’s comments and certification

• Supporting documentation, including [35]affidavits regarding the severe economic necessity requiringemployment

• Copy of Form I-94 (front and back)

• Copy of the front and back of any previously issued Employment Authorization Document (EAD)

• Two (2) photographs full-face, passport-style, the same type used for an adjustment application.

• Filing of $175 payable by check or money order to the ”[36]Department of Homeland Security.”

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3. As an alternative to filing by mail, applicants are now able to electronically complete and submit FormI-765 and the related links fee through links on the USCIS homepage (http://www.uscis.gov). Whencompleting the application electronically, users should note that an e-filing session wills ”timeout” after 15minutes of inactivity. Therefore, it is recommended that users have relevant information at hand when theycomplete the [37]application, including the following:

• Bank account information

• ”A” number (if applicable)

• Form I-94 number (if applicable)

• Most recent dates of entry and port of entry into the [38]United States.

4. The student may commence employment once the RAD has been issued; the student may not commenceemployment until the USCIS issues an EDD to the student.

5. The EAD may be accepted by the employer for employment eligibility verification on Form I-9.

(B). Procedure to obtain renewal of authorization because of unforeseen economic necessity:

Employment authorization based on unforeseen economic necessity may he granted in one-year intervals upto the expected date of completion of the student’s course of study. To renew the employment authorization,the student must submit the following to the [39]USCIS service center with jurisdiction over his her place ofresidence:

• Form I-765

• Form I-20, with the designated school officials endorsement recommending employment

• Copy of Form I-94 (front and back)

• Copy of the front and back of the previously issued Employment Authorization Document (FAD)

• Two (2) photographs (full-face, passport-style, the same type used for the adjustment application,

• Filing fee of $175 payable by check or money order to the ”Department of Homeland Security”

The [40]student’s I-20 should be endorsed to reflect that the student is maintaining status and is in goodacademic standing. There is no provision for back-dating a new RAD to the expiration date of a prior EAD.As a result, F-1 students must ensure that they apply for replacement EADs sufficiently in advance of theexpiration date contained in any current EAD to avoid a lapse in [41]employment authorization.

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1.4 December

How to get a Practical Training For USA Student Visa? (2012-12-24 10:30)

Curricular And Optional Practical Training For F-1 Students:[1]

Generally

Foreign students who enter the U.S. as [2]bonafide students qualified to pursue a full course of studymay undertake [3]practical training. A period of practical training must serve a legitimate purpose. Forexample, it cannot be used by a U.S. employer to train a foreign national for a permanent position in theUnited States. It can be used, however, to train a recent graduate for placement with a company officeabroad, as a trial period to assess the alien’s skills, or for any reason other than [4]permanent placement inthe U.S.

There are two types of permissible pre-graduation practical training directly related to the student’s majorarea of [5]study, and two types of permissible post graduation practical training:

Pre-Graduation Practical Training is Permissible-

• During the[6] student’s annual vacation and at other times when school is not in session, if the studentis attending a college, university, seminary, or conservatory and is eligible to register for the next termor semester (and intends to do so), or

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• During the school year, provided that [7]employment does not exceed 20 hours per week while school isin session.

Post Completion Practical Training is Permissible-

• When the student is in a bachelor’s, master’s, or doctoral program and has completed all [8] courserequirements for the degree (excluding a thesis or its equivalent), or

• When the student has completed his or her course of study.

Collectively, these forms of practical training are referred to as ”optional” practical training. All [9]optionalpractical training must be completed within a 14-month period following the completion of study. Optionalpractical training is additional to ”[10]curricular” practical training available to foreign students attendingschools offering such curricular programs.

Key Features of Optional Practical Training

Note the following key features of the optional practical training work program:

• A student is eligible for optional practical training for a total period of 12 months per educational level.Time spent in [11]pre-graduation practical training is subtracted from the overall 12-month ceilingon all optional practical training, and therefore may limit the availability to the student of furtherpre-graduation practical training or post graduation practical training.

• A student becomes eligible for another 12 months of practical training when he or she changes to a[12]higher educational level. For example, a student may request 12 months of practical training aftercompletion of a bachelor’s degree and another 12 months after completion of a Ph. D. degree.

• If a student leaves the [13]United States for more than five months before returning and resumes studieshere in a new course of study in [14]F-1 status, he or she is considered to be undertaking a new periodof stay, and is eligible for an entirely new 12-month period of optional practical training.

• If the student departs for a shorter period, however, no additional period of practical training is accordedto the student.

• A [15]student may not participate in any optional practical training if he or she has spent 12 months ormore working full-time in a curricular practical training program, If the student has taken less than 12months of full-time curricular practical training, however, the student is eligible for the full one-yearperiod of [16]optional practical training.

• Time spent in curricular practical training is not subtracted from the overall 12-month ceiling onoptional practical training.

• Students in language training programs are not [17]authorized to receive optional practical training.

• The practical training must be in a position that is directly related to the student’s major area of study.

• A student must have been in F-1 status for at least one full [18]academic

With regard to post completion practical training, continued enrollment, for the school’s [19]administrativepurposes, after all requirements for the degree have been met this does not preclude eligibility for optionalpractical completion of all course requirements for the degree or prior to the completion of the course of study.

22

• The student may not begin optional practical training until the date indicated on his or her [20]employ-ment authorization document.

• A student may submit an [21]application for authorization to engage in optional practical training upto 90 days prior to being enrolled for one full academic year, provided that the period of employmentwill not begin until after the completion of the full academic year as indicated by the DSO.

• Authorization to engage in optional practical training employment is automatically terminated whenthe [22]student transfers to another school or begins study at another educational level.

• While engaging in full-time [23]post graduation practical training, a student may attend school part-time.On the other hand, a student may not engage in part-time practical training after completion of studiesand attend school part-time, because maintenance of [24]student status is contingent on pursuing a fullcourse of study or engaging in full-time practical training.

• For the same reason, a student cannot engage in full-time post graduation practical training while alsoattending school full-time.

• The [25]Service does not allow recapture of unused periods of optional practical training once employmentbegins.

Procedures to Obtain Optional Practical Training

The [26]USCIS rules set out the following procedural steps for a foreign student to obtain optional practicaltraining:

• The student must request a recommendation from the DSO for practical training.

• A student may request optional practical training up to 90 days prior to completing one full [27]academicyear, provided that the period of employment will not begin until after the completion of the full academicyear as indicated by the DSO.

• Permitting students to apply for practical training well before completing one full academic year isimportant because pre graduation practical training is usually short in duration (three months or less)and a student may not engage in practical training until an EDD is issued.

• The [28]USCIS service center may take 90 days to issue an EDD. Allowing students to make an earlyapplication should help to avoid any problems caused by a delay in USCIS processing.

• With regard to post completion practical training, optional practical training must be requested priorto the completion of all course requirements for the degree or prior to the completion of the course of[29]study.

• In these cases, the student should be aware that the EDD will be issued only up to a date no later than14 months after the completion of studies; if the EDD is not issued until more than two months aftercompletion of studies, the student may not be issued a full 12-month period of practical training even ifhe or she had not previously used any period of optional [30]practical training.

• D student seeking a 12-month period of post graduation practical training, therefore, should try toobtain a placement well before he or she graduates and apply for the EDD as early as possible; by doingso, he or she will avoid forfeiting any time because of delays in [31]USCIS processing.

23

• For practical training following completion of studies, the EDD will be valid from the date the EDDis issued or the date the student completes his or her studies, whichever is later. Once the student isissued an EDD and he or she begins the training, however, there is no way of recapturing any unusedportion of practical training authorized by the Service as reflected in the EDD.

• The designated school official completes the certification in SEVIS. Form I-538 is no longer required inthese cases under the [32]SEVIS rule issued in December 2002. The DSO will then print the employmentpage of the student’s Form 1-20, and sign and date the form to indicate that optional practical traininghas been recommended.

The student applies for [33]employment authorization by mailing the application to the USCIS service centerwith jurisdiction over his or her place of [34]residence. The application includes the following:

1. Form 1-765

2. Form 1-20, with the employment page demonstrating the DSO’s comments and certifica-tion

3. Copy of Form 1-94 (front and back)

4. Copy of the front and back of any previously issued Employment Authorization Document(EAD)

5. Two photographs (full-face, passport-style, the same type used for the adjustment appli-cation)

6. Filing fee of $175 payable by check or money order to the ”Department of HomelandSecurity.”

• The EAD may be sent to the student directly from the [35]service center, or it may be forwarded tothe nearest USCIS district office, where the student will be notified to pick it up in person.

• If Form I-765 is not adjudicated by the service center within 90 days of receipt, the student may goto the local [36]USCIS district office with proof of identity and all communications from the USCISservice center (including the ling receipt on Form I-797C), and an [37]interim FAD will be issued validfor 240 days or until the application is adjudicated by the service center.

• Form I-765 is illustrated and annotated as Sample Form 2-6. That annotation covers the use of the formfor practical training [38]applications, as well as applications based on unforeseen economic necessity.

• As an alternative to filing by mail, applicants are now able to electronically complete and submit Form1-765 and the related filing fee through links on the USCIS homepage (http://www.uscis.gov).Whencompleting the application electronically, users should note that an e-filing session will ”timeout” after15 minutes of inactivity.

• Apart from submitting the supporting [39]documents to the USCIS office, the applicant will be instructed(on the confirmation receipt notice), to call the USCIS National Customer Service Center (at 1-800-375-5283) to schedule an [40]appointment with a local Application Support Center (ASC). The ASCwill collect a digital photograph, signature, and fingerprints from the applicant.

• Once the application is approved, the EDD (in I-765 cases) will he sent to the applicant by mail. Withregard to pre-graduation practical training, the EDD will be issued for the full period of recommendedpractical training-usually three months for a summer [41]employment assignment.

24

• Part-time pre-graduation practical training is indicated on the I-20 as endorsed by the designated schoolofficial; the EAD will not reflect part-time employment authorization.

• With regard to post graduation practical training, the EDD will likely be issued for the full period ofrecommended practical training (12 months if the [42]student did not engage in any pre-graduationpractical training), unless the EDD is not issued until more than two months after completion of studies;employment authorization may be issued only up to the period ending no later than 14 months afterthe completion of studies.

• The EDD may be accepted by the employer for employment eligibility verification on Form I-”9. Ifthe student travels abroad, and has a valid [43]visa for return to the United States, he or she will beadmitted with the unexpired EAD, even though he or she does not have Form I-20 ID Copy

Procedure to Obtain a Continuation of Optional Practical Training

• Students who wish to continue in a pre-graduation practical training program may apply for furtherauthorization under the procedures outlined above provided he or she has not met the 12-month ceilingon optional practical training and the student has not engaged in 12 months of full-time [44]curricularpractical training.

• With regard to post graduation practical training, foreign students do not need to file an applicationto continue practical training if the full 12 months is granted initially, which is permissible under therules. Once the student is issued a 12-month EDD and he or she begins the training, there is no wayof recapturing any unused portion of practical training. If the student plans to transfer into a highereducational level, however, he or she is eligible for another 12-month period of practical training.

Visa Issuance and Travel for a Student Granted Practical Training

A student who is applying for permission to accept practical training will already have a valid F-1 visastamped in his or her passport. The [45]F-1 visa is obtained prior to entering the U.S. by submitting theprepared [46]visa application to the U.S. consulate.

Some students, however, may have an expired visa for one of two reasons:

• The student’s visa was originally issued with a validity date based on his or her projected period ofstudy in the U.S.

• The student comes from a country for which the period of visa validity is limited on the basis ofreciprocity.

• Students who are seeking to renew their [47]F-1 nonimmigrant visas in order to continue in a programof optional practical training after completion of classes must also present a Form I-20 Certificateof Eligibility that is properly annotated by the designated school official, according to recent StateDepartment guidance issued in January 2004. If the form is not properly annotated, the visa applicationwill be denied.

• The January 2004 guidance reminds consular officers that they must review the Form I-20 whenadjudicating [48]student visa applications for individuals seeking to continue in a program of optionalpractical training after classes. Specifically, the third page of the I-20 form must be properly annotatedby the DSO before the visa application may be approved.

25

• [49]SEVIS records should also reflect the DSO’s recommendation for optional practical training, with anew, separate entry in the SEVIS database indicating the optional practical training program. If suchan entry has not been made, consular officers are instructed not to issue the F-1 visa. In these cases,students should contact their DSO’s to ensure that their SEVIS records have been updated.

Travel and Readmission during Optional Practical Training: In a related matter, the ICE has re-cently changed its policies concerning travel during optional practical training. The new policy permits[50]F-1 and J-1 with approved practical training to depart and reenter the United States only if they obtaineda job or job offer before departure. If the foreign national has an approved practical training but departs theUnited States before he or she gets a job or job offer, the [51]practical training ends and the foreign nationalcannot reenter. If the foreign national has a job or job offer, he or she may travel and reenter the UnitedStates to resume work at the same job. If the foreign national has not yet begun the job, he or she shouldcarry a job offer letter from the [52]employer.

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at anaccredited college, university, seminary, conservatory, academic high school, elementary school, or otheracademic institution or in a language training program. You must be enrolled in a program or course of studythat culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. governmentto accept international students.If you are a potential immigrant or are already in the United States, animmigration lawyer Fairfax can help you find successful answers to many of the legal issues that foreigncitizens face. Please contact Wani & Associates for a free consultation. We can be reached by telephone, fax,or by filling out the client intake form. Call Now at: [53]1-866-755-9264

[54]http://www.wanilaw.com/

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Basic Information About The J-1 Category Visa To USA (2012-12-29 10:24)

J-1 Category Non Immigrant Visa Process:[1]


The[2] J-1 visa category is used by [3]foreign students, scholars, experts, medical interns and residents,“International Visitors,” and industrial and business trainees to enter the United States as ”exchange visitors,”in U.S. government approved Exchange-Visitor Programs, for the purpose of gaining experience, studying,or doing research in their respective fields. This article presents the information needed to understand howthe[4] J-1 visa category can be used to bring aliens to the United States.

2. Duration of stay

Note the following:

• Students: Secondary school students may be admitted for a one-year period. College and universitystudents may be admitted for the anticipated length of their [5]academic program. [6]Students in degreeprograms below the doctoral level may also engage in 18 months of training after completion of theirdegree programs. Post-doctoral training is permissible for a period of 36 months following conferral ofthe degree. Non-degree college university students are admissible for a two-year period.

• Short-Term Scholars: This new [7]category permits entries for a six-month period, with no extensionsallowed. Note that the usual three-week minimum stay requirement is waived for this category.

• Trainees: [8]Business trainees may be admitted to the United States for an 18-month period. Traineesin flight training programs may receive a 24-month period of stay.

• Teachers: Primary and secondary school teachers may he admitted for a three-year period.

• College and University Professors and Research Scholars: Responding to concerns from theuniversity community, a State Department rule, finalized in May 2005, increases the maximum [9]du-ration of exchange program participation for professors and research scholars from three years to fiveyears, measured from the program begin date (or initial program begin date for continuing exchangevisitors) as documented in [10]SEVIS and ending five calendar years later. During the five-year period,the program participant will be permitted an unlimited number of departures from and reentries to theUnited States, provided that he or she is in good standing in the exchange program.

• Specialists: This new category [11]permits periods of stay up to one year.

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• Foreign Medical Graduates: Foreign doctors participating in U.S, internships and [12]residenciesmay be admitted for the length of their program, with a usual maximum of seven years. Additionaltime may be conferred, however, under complex agency rules.

• Summer Student Work/ Travel Programs: Agency [13]rules do not specify a maximum [14]periodsof stay, but presumably the four month period applicable to other summer programs applies as well tothis category.

a) Au Pairs: Participation in the [15]au pair programs is limited to one year.

b) International Visitors: One-year maximum period of stay.

c) Government Visitors: 18-month maximum period of stay.

• Camp Counselors: This program has a four-month limit on stay.

Under the exchange visitor rules, extensions beyond the usual program maximum may be authorized by theDOS when adequate justification is given. [16]Experience shows that such extensions are rarely granted.


The U.S. Sponsor must proceed through an [17]Exchange-Visitor Program designated by the StateDepartment. Sponsors may:

1) Proceed through already-established programs within their own organizations

2) Bring [18]J visa holders to the U.S. through another organization’s program, provided the eligi-bility requirements of that organization are met

3) Establish their own exchange-visitor program by applying to the DOS

The [19]sponsor of an Exchange-Visitor Program is empowered by the DOS to issue a Certificate ofEligibility for each exchange visitor. DOS approval for each exchange visitor is not required. Once the[20]Certificate of Eligibility is issued, the exchange alien must take the certificate to a U.S. consulate to applyfor issuance of a J-1 visa. The consulate will use an electronic system (SEVIS) to verify the data on theCertificate of Eligibility and to inform DHS that a J-1 visa was issued.

4. Special Limitations:

Two-Year Foreign Residence Requirement: Requirement is imposed on some categories of exchangealiens once their U.S. stay is completed. Any J-1 exchange visitor subject to the foreign residence requirementis ineligible for permanent residence or [21]nonimmigrant visas in the [22]H or L category until he or shespends two years-after completion of stay-in his or her home country or country of last residence. Some[23]waivers of the requirement are available in special cases.

The issues of who is subject to the requirement and how to obtain a waiver of it are complex ones.Nevertheless, the foreign residence requirement is an important consideration in determining whether to usethe[24] J visa category, because the options for placement of an alien who is subject to the requirement aftercompletion of training are limited.

29

Bar on participation as professor or scholar for previous J-1 visa holders: A rule issuedin April 1996 and amended in May 2005 bars program participation as a professor or research scholar foraliens who have been physically present in the United States as an [25]F-1 student or J-1 exchange visitorfor all or part of the one-year period immediately preceding the commencement of such participation as setforth in the Certificate of Eligibility. The May 2005 rule clarifies that the one-year bar applies to spousesand dependents as well as principal non immigrants. This bar was established to prevent the movement of[26]J-1 students into the professor and research scholar category, and to prevent aliens who had completeda three-year period of [27]J-1 status as a professor or research scholar from leaving the United States andreentering in a ”new” research or professor program for an additional three years. As revised by a final ruleissued in June 1996, this one-year bar does not apply to exchange visitors:

1) Who participated in a exchange visitor program for six months or less?

2) Whose previous J-l stay was in the short-term scholar category?

3) Who is transferring to the sponsor’s program?

Bar on participation in consecutive training programs: In an October 2003 notice to ex-change program sponsors, the State Department affirmed that foreign nationals may not participate in morethan one single [28]business or industrial [29]J-1 training program. The notice was issued because the StateDepartment was made aware that some program sponsors were requesting that trainees who had alreadyparticipated in an exchange program be admitted for participation in a second training program.

”Exceptional extensions” beyond the maximum [30]duration of the sponsor’s program are availablewhere authorized by the State Department. For example, if the exchange program sponsor has beenauthorized to administer a 12-month J-1 training program and the visitor is issued a DS-2019 for a one-time12-month program, the visitor’s stay may be extended past the [31]authorized 12 months if the programsponsor applies for and receives the State Department’s approval of the extension.

5. Family Members of the J-1 Exchange Visitor

Family members of the exchange alien enter the U.S. in the [32]J-2 visa category. Eligible familymembers include the [33]spouse and minor children of the J-1 exchange visitor. A minor is a person under 21years of age. Keep in mind that each family member must present a Certificate of Eligibility issued in his orher own name.

The spouse and minor children can accept employment with USCIS authorization, but only if theircompensation will be used for their own support, not to support the principal alien. The[34] J-2 alien appliesfor employment authorization by mailing Form I-765, to the [35]USCIS service center with jurisdiction ofhis or her [36]U.S. residence. Form I-765 is illustrated as Sample Form 2-6 (c) of this Handbook. But theJ-2 alien must demonstrate that the employment is not required for the support of the J-1 principal alien;therefore, evidence of the salary paid to the [37]J-1 alien or the existence of sufficient means of support forthat alien is required.

RAD applicants must also submit:

1) Two full-face, passport-style photographs

2) The filling fee of $175 payable by check or money order to the ”Development of Homeland Secu-

30

rity”

[38]Employment authorization, once received, is valid for employment with any employer, but lim-ited to the period stated on the employment authorization document (EAD). The EAD will be issued for theauthorized period of stay, whichever is shorter; it can be renewed upon expiration. Current USCIS guidelinesdirect [39]service centers to adjudicate I-765 applications within 75 days. Under current regulations, if theUSCIS has not completed action on the [40]application within the 90-day period after the filing of theapplication, it must grant an interim period of employment authorization for 240 days.

Update: USCIS Now Requires Passport-Style Photos: On September 1, 2004, the USCISofficially adopted the Department of State’s photograph standard for all new applications and petitionsfiled with the agency. This [41]new policy requires the submission of full-face, passport -style photographsrather than the three quarter profile. ADIT- style photographs that were previously accepted by the agency.Further [42]information regarding passport-style photograph guidelines can be found in the Handbook.

If you have any questions, our office in Wani & Associates will be happy to help you explain theJ1 Visa program requirements. Please feel free to Contact Now: [43]1-866-755-9264 .For more detailedinformation then come our website: [44]http://www.wanilaw.com/

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Chapter 2

2013

2.1 January

Basic Requirements For Obtaining J-1 Status (2013-01-14 11:21)

Types of Exchange Programs For J-1 Visa:[1]

To enter the U.S., the alien must have plans to participate in a designated Exchange-Visitor Program.

An [2]Exchange-Visitor Program may be sponsored by a government agency, educational institution, hospital,nonprofit association, business, or industrial concern. A group can sponsor its own Exchange-Visitor Programor it may bring aliens to the U.S. for [3]training under an already-established program. [4]Authority toapprove or deny designation as an Exchange-Visitor Program rests with the State Department’s Bureau ofEducational and Cultural Affairs.

List of Types of Exchange Programs

Participation in an [5]exchange visitor program is limited to persons who will he engaged in one of thefollowing activities in the United States:

1. Students: This category includes persons who:

• It will study in the United States and pursue a full course of study at a secondary accredited educationalinstitution, pursue a full course of [6]study leading to the award of a U.S. degree from a post secondary

33

accredited educational institution, or pursue a full-time course of study of up to 24 months durationconducted by a post secondary accredited educational institution or an institute approved by the postsecondary accredited educational institution where the [7]student is to be enrolled upon completion ofthe non degree program;

• It will engage in [8]academic training as permitted under the State Department rules.

• It will engage in English language training at a post secondary accredited educational institution, oran institute approved by the post secondary accredited [9]educational institution where the college oruniversity student is to be enrolled upon completion of the language training.

1. Short-Term Scholar: This category includes a professor, research scholar, or person with similareducation or accomplishments coming to the United States on a short-term visit for the purpose oflecturing, observing, [10]consulting, training, or demonstrating special skills at research institutions,museums, libraries, post secondary accredited educational institutions, or similar types of institutions.

2. Trainee: This [11]category covers individuals who will participate in a structured training programconducted by the selecting sponsor.

3. Teacher: This program category includes individuals teaching full-time in a primary or secondaryaccredited educational institution.

4. Professor: This category covers persons primarily teaching, lecturing, observing, or [12]consulting atpost secondary accredited educational institutions, museums, libraries, or similar types of institutions.A professor may also conduct research, unless disallowed by the sponsor.

5. Research Scholar: This category includes persons primarily conducting research, observing, orconsulting in connection with a research project at research institutions, corporate research [13]facilities,museums, libraries, post secondary accredited educational institutions, or similar types of institutions.The research scholar may also teach or lecture, unless disallowed by the sponsor.

6. Specialist:This category covers persons who are experts in a field of specialized knowledge or skillcoming to the [14]United States for observing, consulting, or demonstrating special skills.

7. Other Person of Similar Description: The programs designated by the Department of State inthis category consist of the following:

• International visitors (including persons who are [15]recognized or potential leaders, selected by theDepartment of State for consultation, observation, research, training, or demonstration of special skillsin the United States).

• Government visitors (including persons who are influential or distinguished, selected by a U.S. federal,state, or local [16]government agency for consultation, observation, training, or demonstration of specialskills in the United States)

• Camp counselors (including individuals selected to be counselors in a summer camp in the UnitedStates who impart skills to American campers and [17]information about their countries or culture).

Certain categories of exchange visitors must spend an aggregate of two years following comple-tion of their U.S. training program in the country of their nationality or last legal residence:

Aliens subject to this requirement are those who have participated in Exchange-visitor Programs.

34

• Whose programs have been financed in whole or in part by their governments or by the [18]U.S.government?

• Who are nationals of countries that the DOS has determined clearly require the skills and [19]servicesof people with the aliens’ special training?

• Who are receiving graduate medical training in the U.S.? (Interns and Residents).

The requirement is that such aliens must, absent a waiver, return to the country of their nationality or last[20]residence for an aggregate period of two years following completion of their U.S. training, before beingable to return to the U.S. in the H or L non immigrant categories, or as a [21]permanent resident.

The alien must maintain a foreign residence which he or she has no intention of abandon-ing:

The alien’s intent to enter the U.S. for a temporary period of time is judged independently from thesponsor’s intent not to keep the alien permanently in the United States. It is therefore necessary for the aliento maintain his or her [22]foreign residence as evidence of an intention to return abroad.

If you have any questions, our office in Wani & Associates will be happy to help you explain the J1 Visaprogram requirements. Please feel free to Contact Now: [23]1-866-755-9264 .For more detailed informationthen come our website: [24]http://www.wanilaw.com/

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Basic Information About The H-2B Category Visa To USA (2013-01-16 06:07)

H-2B Category Non Immigrant Visa Process:[1]


The [2]H-2B visa category is used by U.S. companies temporarily to employ skilled or unskilled foreignnationals in non-agricultural positions for which the employer has a temporary need and for which qualifiedU.S. workers are unavailable. The company must intend to employ the foreign nationals for a [3]temporaryperiod and the employer’s need for the skills possessed by the [4]foreign nationals must also be temporary. Inaddition, the employer must seek a ”labor certification” from the U.S. Department of Labor (DOL) certifyingthat:

• The foreign national is not displacing a qualified unemployed U.S. worker in the region of proposed[5]employment

• The proposed employment does not adversely affect the [6]working conditions of U.S.

The temporariness of the employer’s need for the alien’s skills, and not just the temporariness of the employer’sneed for the particular alien, is the crucial element of the H-2B category. This element differentiates it fromthe [7]H-1 category, in which the employer’s need for someone with the alien’s skills can be [8]permanent,even though the employer intends to hire the [9]alien temporarily.

Later in the year, however, Congress enacted legislation that effectively increases the number of [10]H-2B workers available to U.S. employers by exempting from the cap workers who have worked in the U.S.under the H-2B visa program in any one of the past three fiscal years and who are returning to the UnitedStates to take up temporary employment in FY 2005 or FY 2006. The [11]USCIS announced in May 2005that, as required under the new law, the agency will begin to accept additional petitions for H-2B workers asof May 25, 2005. Further information regarding these developments is included.

• Laborer, Landscape-14,236

36





• Forest Worker-9699

• Tree Planter-6793

• Cleaner, Housekeeping-5324

• Crabmeat Processor-3250

• Stable Attendant-2704

• Kitchen Helper-2358

• Sports Instructor-1899

• Groundskeeper, Industrial Commercial-1711

• Lawn Service Worker-1418

• Housecleaner-1151

• Dining Room Attendant-988

• Fast Foods Worker-987

• Construction Worker II-979

• Line Erector-857

• Bricklayer-681

• Amusement Park Worker-565

• Material Handler-562

• Cannery Worker-542

• Horticultural Worker II-530

• Shellfish Shucker-515

• Knock Up Assembler-500

No other [12]occupation had more than 500 positions certified. These occupational titles come from the DOL’sDictionary of Occupational Titles (DOT). These occupations accounted for 75 % of the H-2B certificationsissued. These statistics show that the most commonly certified positions in the [13]H-2B category involvevarious types of outdoor work or work at resorts for which employers often have a seasonal need.

2. Duration of Stay:

The initial period of stay granted to the alien admitted to the U.S. in H-2B status is governed by theperiod of time that his or her temporary [14]services are needed. This period must be reasonable in terms ofthe duties to be performed and cannot extend beyond an initial period of one year. Extensions of stay inincrements of one year are possible, but the alien employee cannot be continuously [15]employed in the U.S.for more than three years. The DOL has indicated its view that an employer’s temporary need for job skillswill usually be for a period of 12 months or less, with more extended needs occurring only in extraordinarycircumstances. Although this view is not controlling on whether a full three years will eventually be grantedto an H-2B worker, it must be taken into account in preparing an H-2B case.

37


• As the first step in obtaining H-2B status for alien workers, the U.S. employer must file a request for alabor certification with the state employment [16]service office with jurisdiction over the [17]location ofthe proposed employment.

• The request can cover one alien, or a number of aliens filling the same position who will be working inthe same location.

• The approved labor certification, or a DOL notice denying certification, must be filed as a part of thesecond step-a [18]nonimmigrant visa petition filed by the employer with the USCIS.

• The petition may be filed for multiple aliens when the labor certification has been issued for multiplealiens, and the beneficiaries will be performing the same service for the same period of time and in thesame location.

• Under a rule finalized in December 1995, however, aliens are not required to seek their [19]visas at thesame consulate in order to be included in the same petition.

• Following approval of the petition, the third and final step occurs-the foreign national or nationalsmust take the petition [20]approval notice to a U.S. consulate to apply for H-2B visas permitting theiradmission to the United States.


The alien admitted to the United States in the H-2B category is a temporary worker hired to fill a positionfor which the employer has a temporary need. Therefore, it may prove difficult to adjust to [21]permanentresident status while filling the same position for the same employer, because the employer has alreadyaffirmed the temporary need for the worker’s skills.

• Rules issued in April 1997 codify existing [22]policy governing the circumstances under which a foreignemployer may file H-2B petitions.

• The [23]rules state that a foreign employer may file a petition only through a United States agent.

• A ”foreign employer” includes any employer who is not amenable to service of process in the UnitedStates.

• As a result, a foreign employer may not directly petition for an [24]H-2B nonimmigrant but must usethe services of a United States agent to file the petition.

• The agent must be [25]authorized to the petition on behalf of the foreign employer and to accept serviceof process in the United States on behalf of the employer in any proceeding brought by the DHS againstthe foreign employer based on the unlawful employment of aliens or a failure to verify the [26]status ofits employees.

• The rules also clarify the circumstances under which U.S. agents may file H-2B petitions.

38

The USCIS rules [27]permit ”United States agents” to file petitions in cases involving workers who are tradi-tionally self-employed or who use agents to arrange short-term employment on their behalf with numerousemployers, and in cases in which a foreign employer authorizes the agent to act in its behalf. Note thefollowing with regard to each of these circumstances:

1. Cases Involving Self-Employment

In this case, the agent performs the function of an employer. A contract between the agent and the alien isrequired specifying the wage offered and the [28]terms and conditions of employment. The agent/employermust also provide an itinerary of definite employment and [29]information on any other services planned forthe period of time requested.

1. Cases Involving ”Numerous Employers”

In this case, the agent acts as a representative of both the employers and the beneficiary. The agent mustsubmit a complete itinerary of services or engagements. The itinerary must specify the dates of each [30]ser-vice or engagement, the names and addresses of the actual employers, and the names and addresses of theestablishment, venues, or locations where the services will be performed. In questionable cases, a contractbetween the employers and the beneficiary may be required.

1. Cases Involving Foreign Employers

In this case, the agent acts as the business representative of the foreign employer. Some evidence of theagent’s authority to act on behalf of the foreign employer must be presented, although a formal agencyagreement with the foreign employer is not required. A letter from the foreign employer stating that the agentis authorized to [31]file the petition and to accept service of process in any proceeding under the employersanctions provisions of the [32]immigration statute should be sufficient. The contract between the foreignemployer and the beneficiary should also be submitted. If the beneficiary will provide services in more thanone [33]location in the United States.


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Basic Requirements For Obtaining H-2B Status (2013-01-24 08:49)

H-2B Visa Processing Requirements:[1]

[2]H-2B status can be sought for a single alien, or a group of [3]aliens, and the identity of the aliensmust generally be known in advance.

It is common for an employer to seek entry for a number of skilled or unskilled temporary workers atthe same time. As long as the workers will all fill the same position and work in the same [4]location, many ofthe preliminary steps to obtain [5]H-2B approval can be done at one time for all of the workers. Under a rulefinalized in December of 1995, multiple H-2B beneficiaries may be included in the same petition, even whenthe alien workers will not receive their [6]visas at the same consulate or enter through the same port of entry.

1. Unnamed Beneficiaries

Under current rules, the employer need not have chosen specific employees when applying for temporarylabor certification from the Department of Labor. Usually, however, the employer must designate namedaliens by the time that it files its H-2B petition with the USCIS after obtaining temporary labor certification.[7]USCIS officers may rely totally on the assertions of the [8]petitioner in determining whether the petitionerhas a valid business reason for not providing named beneficiaries. If the employer has not identified all of thealien workers at the time that an H-2B petition is filed, and the USCIS has not granted an exception to itsusual [9]rule, a petition can be filed for the known alien [10]workers, and when the other workers are identifiedsubsequent petitions can be filed with copies of the original labor certification filed with the first petition.

2. Substitution of Workers

The employer can substitute alien workers for the named workers after [11]approval of the USCIS peti-tion if the petition was approved for a group, e.g., a musical combo, if it was approved by the USCIS underits exception [12]permitting unnamed aliens to be included, or if the job being offered has no requirements foreducation, training, or experience. In these cases, the employer must notify the consulate where the [13]visawill be sought or the port of entry where admission will be sought (in the case of visa-exempt aliens) ofthe identities of the substitute workers. When the substitution occurs in one of the first two cases and thecredentials of the worker are important to his or her qualification, evidence of the worker’s credentials mustalso be submitted.

3. Certification must he sought from DOL

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• A U.S. employer is required to file a labor certification request with DOL as the first step in employingaliens under the [14]H-2B visa category. DOL must make a determination.

• Unemployed, qualified [15]U.S. workers are not available for this position in the region of the alien’sproposed employment.

• The [16]employment of the alien will not adversely affect the wages or working conditions of U.S. workerssimilarly employed.

[17]DOL has issued separate guidelines for the certification of workers in certain industries (e.g., entertain-ment, construction personnel, foreign language instructors, aerospace engineers), and these guidelines mustbe consulted by the employer. In addition, agricultural workers are included in a separate [18]nonimmigrantcategory, the H-2A category, for which the DOL has issued special regulations that must also be consulted.[19]Contact the local DOL office’s alien employment certification unit for the separate guidelines if one of theoccupational groups listed in this paragraph is the subject of your temporary need.

4. The employer’s need for the H-2B worker must he temporary

The employer must demonstrate that the position is one requiring skills or [20]services for which it hasa temporary need, and is not a position that needs to be filled by the employer on an ongoing or [21]perma-nent basis.

In determining whether an employer has demonstrated temporary need for an [22]H-2B worker, the DOLwill consider:

Whether the job duties which are the subject of the temporary application are permanentor temporary in nature.

If the duties are [23]temporary in nature the employer’s need is also temporary and further analysis isnot necessary. If the duties are permanent in nature, the DOL will consider the other factor noted below.

Whether the employer has clearly shown that the need for the H-2B worker’s services orlabor is of a short, identified length, limited by an identified event located in time.

Note that job opportunities of 12 months or more are presumed to be permanent in nature. Under ex-traordinary circumstances, however, a certified job opportunity could he filled by an [24]H-2B worker fora cumulative period of 12 months or more. Such [25]applications will be forwarded to the DOL regional[26]office for adjudication. In addition, a period of more than 10 months is viewed with suspicion and willalso lead to greater scrutiny.

In summary, the following situations can support an [27]H-2B petition based on the employer’s tempo-rary needs:

• Training of U.S. employees, when the [28]training program is in place, U.S. workers have already beenhired, and the trainer will not engage in actual productive employment.

• Temporary unavailability or absence of a regular [29]employee, e.g., through leave of absence, illness,temporary out-of-office assignment, etc.

• Peak-load situations that is nonrecurring.

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• Seasonal employment for carefully defined (not overly broad) seasons.

• Child care limited to early childhood supervision that will end in three years or less, as [30]documentedby alternative arrangements for the child at that time, e.g., nursery school, parent will stop workingand undertake care, etc.

The ”temporary need” requirement poses a significant hurdle for employment agencies and job contractorsseeking to use the H-2B category. The [31]Service has taken the position that job contractors or employmentagencies cannot file H-2B petitions because such entities have a permanent need for their employees, despitethe fact that an individual assignment for an employee may be temporary.

5. The employer must intend to employ the alien temporarily.

The employer must demonstrate that the alien’s term of employment will be temporary. Specifically,the employer must establish that it has not required the skills in question in the recent past, nor will itneed those skills in the near future, and that there is a specific time [32]period within which the temporaryassignment will be completed, as evidenced by contracts or a description of circumstances that will bring theassignment to a close.

6. The alien can he skilled or unskilled

• Although the alien may be either skilled or unskilled, he or she must possess the [33]requisite training,education, or skills for the position in question.

• The alien’s qualifications are established by submission of suitable documentation to the USCIS-degrees,school transcripts, and affidavits of experience. Note that documentation must be in the appropriateform-legible photocopies, unless original documents are requested by the [34]USCIS, and translated,with a certification by the translator as to accuracy, if the original documents are in a foreign language.

• The alien must intend to remain in the U.S. temporarily and must maintain a [35]foreign residence.

The alien’s intent to remain temporarily in the U.S. is judged independently from the employer’s intention toemploy the alien temporarily. In this connection, the alien must maintain a [36]residence abroad, that is, anactual home. Failure to specify a foreign address to which the alien worker will return upon completion ofthe U.S. assignment is likely to lead to denial of an [37]H-2B visa at a U.S. consulate.

7. An admission slot within the annual cap must be available

The 1990 Act imposed an annual numerical limit on new H-2B admissions, effective with the fiscal year whichbegan on October 1, 1991. That limit-66,000 annual admissions-is computed by the USCIS by assigning anumber to each new [38]H-2B petition filed with the Service during the fiscal year (petition extensions willnot be counted against the annual limit). If the annual limit is reached, the USCIS will not continue toaccept petitions and maintain a waiting list. Petitions will be returned to the employer, who will be told thatthe limit has been reached and that the petition can be refilled once the next [39]fiscal year begins on thefollowing October Ist.

The USCIS counts against the cap only those petitions regarded as new [40]H-2B employment. Exempt fromthe H-2B cap are the following types of cases:

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• Petitions for extensions of H-2B stay.

• Applications for extension of H-2B petition.

• Petitions reflecting changes in the terms of H-2B employment.

• Petitions reflecting changes or additions of H-2B employers. In addition, [41]spouses and children ofH-2B workers, classified in the [42]H-4 category, are not counted against the numerical limit.

If you have any questions, our office in Wani & Associates will be happy to help you explain the H-2BVisa Status program requirements. Please feel free to Contact Now: [43]1-866-755-9264 .For more detailedinformation then come our website: [44]http://www.wanilaw.com/

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Basic Information About The E Category Visa To USA (2013-01-26 07:18)

E Category Non Immigrant Visa Process:[1]

Coverage of the E category

The [2]E category is especially useful for business owners, managers, and employees who need to re-main in the United States for extended periods of time in order to oversee or work in an enterprise engagedin trade between the United States and a foreign state or that represents a major investment in the UnitedStates. The [3]E visa category was established to give effect to those treaties between the United States andforeign countries that provide for reciprocal benefits to nationals of each country who invest in the othercountry or who conduct trade between the two countries.

The E visa category can be used for purposes of conducting [4]trade between the [5]United States

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and the country of majority ownership of the company (E-l), or overseeing investment in the United States(E-2).

Duration of Stay

Although an initial [6]period of stay of two years is granted to persons coming to the United States in the Ecategory, this period can be extended almost indefinitely-as long as the [7]alien affirms that he or she willleave the United States when the period of [8]authorized stay, including unlimited extensions, ends.

Application Process

It is possible to make the application for this [9]status exclusively through a [10]U.S. consulateabroad. A preliminary petition on Form I-129 does not need to be approved by the [11]USCIS.

Special Conditions

E-category aliens do not need to maintain a foreign [12]residence during their U.S. stays, as longas they affirm their intention to leave the United States when their period of stay (plus any authorizedextensions) expires.

Alternatives to the E Category

If a company or individual investor or trader does not qualify for treaty consideration, other alter-natives are likely to be open in seeking entry to the United States, either to establish a new company or to[13]service an established one. Probably the most useful [14]category for a company engaged in trade with oran investment in the United States, but which cannot qualify under a treaty, is the [15]L-1 visa category forintra company transferees. This category is useful even for small investors seeking to set up a company inthe United States.

Large companies with established subsidiaries or affiliates in this country can also make use of theL-I and B-1 categories, and can also bring to the United States skilled [16]professionals, including somebusiness executives, in the [17]H-IR visa category for temporary workers in ”specialty occupations.”

Family Members of the E Visa Holder

Family members of the E visa holder are entitled to enter the United States with the [18]visaholder. Included in this category are the spouses of the [19]visa holder, as well as minor unmarried childrenunder the age of 21. Once children attain the age of 21 or get married, they are no longer eligible to remainin the United States in [20]treaty status.

[21]Nonimmigrant and his or her dependent spouse, the I-94 cards of both the principal nonimmi-grant and the [22]spouse should be provided. Applicants should also submit a copy of the petition approvalnotice of the [23]E-1 or E-2 principal to assist in verifying status. (If a petition was previously bled with theUSCIS). Finally, BAD applicants must submit:

• Two full-face, passport-style photographs

• The filing fee of $175 in a check

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Money order made out to the ”Department of Homeland Security.” Dependent spouses of [24]E non immi-grant’s will be authorized to accept employment for the period of admission and/or status of their spouses notto exceed two years. Dependent spouses may me the Form I-765 concurrently with an extension of [25]stayapplication, Form I-539. In these cases, the application must be med with the California or Texas ServiceCenter, as appropriate (current rules require that all extension of stay applications med on behalf of E nonimmigrants be submitted to the California or Texas Service Centers). The Service may take up to 90 days toadjudicate the I-765 application. After 90 days, if the applicant does not receive the BAD, he or she may goto a district [26]office and apply for an EAD valid for a period of 240 days, issued under current guidelinesfor interim employment authorization.


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2.2 February

Basic Information About the O Visa Category (2013-02-09 09:16)

O Category Non Immigrant Visa Process:

[1] Coverage of the O category

The [2]O category is set aside for aliens of ”extraordinary” ability in the sciences, arts, education, busi-ness, or athletics, certain aliens accompanying or assisting those aliens, and their family members. In addition,[3]O non-immigrant’s must intend to work in their area of extraordinary ability or achievement. No numericalcap is placed on the annual admission of these [4]non-immigrant’s, but the definitions covering this categoryshould serve effectively to limit the number of annual admissions.

Duration of stay

There is no explicit statutory limitation on the [5]period of stay for O non-immigrant’s; the initial pe-riod of stay can be approved for the time necessary to complete the event or activity or group of events oractivities for which the non-immigrant is admitted, up to a period of three years. The [6]USCIS rules definethe term ”event” to mean an activity such as a scientific project, conference, convention, lecture series, tour,exhibit, business project, academic year, or engagement; in the case of an [7]O-1 athlete, the event could bethe entire season or the [8]alien’s contract, if longer than the season.

Procedures for the O category

Classification in the [9]O category requires the filing of an O petition with the [10]Immigration Servicein order to obtain permission to employ an O alien for a temporary period. A petition can be approved onlyafter the employer consults with a peer group, labor organization, or management organization regardingthe nature of the work to be done and the alien’s qualifications. In most cases, evidence of consultationtakes the form of a written advisory opinion obtained from a peer group, labor organization or managementorganization with [11]expertise in the specific field involved.

An O petition may be filed for multiple O-2 aliens (but not O-1 aliens) when they are assisting the same[12]O-1 alien for the same events or performances, during the same period of time and in the same [13]location;

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under a revision to the rules in August 1994, multiple beneficiaries listed in the same O-2 petition need notseek their [14]O-2 visas at the same [15]U.S. consulate abroad.

Special conditions

The principal condition regarding O status that must be remembered by employers is that obtaining [16]Ostatus for an alien requires three steps:

• Obtaining advisory opinion from peer group, labor organization, or management organization.

• Approval by the USCIS of an [17]O petition supported by the advisory opinion.

• Issuance by a U.S. consulate of an O visa based on the approved petition.

Also keep in mind the following:

Freelancing not permitted: The final rules issued in August 1994 clarify that an alien in O classifi-cation may only be admitted to perform services in ”specific, identified” events; O status may not be grantedto an alien to enter the [18]United States to free lance in the open market.

Filings by foreign employers and U.S. agents: Final rules issued in April 1997 revise the circum-stances under which a [19]foreign employer may file O-1 petitions. Under prior rules, a foreign employer coulddirectly petition for an O-1 alien. Note the following with regard to each of these circumstances:

• Cases involving [20]self-employment

• Cases involving ”numerous employers”

• Cases involving foreign employers

Filing permanent residence papers: The approval of a [21]permanent labor certification or the filing ofan [22]immigrant preference petition is not a basis for denying an O-1 petition, an extension of stay request,or a change of status application. The USCIS rules provide that an alien may legitimately come to the UnitedStates for a temporary period as an [23]O-1 nonimmigrant, and, at the same time lawfully seek to become a[24]permanent resident.

Employer obligation to pay for return abroad: Employers are obligated to pay for the return trip ofO employees whose [25]employment is terminated prior to the expiration of the authorized period of stay.

Family members of O aliens: The family members ([26]spouse and unmarried children under 21) ofthe principal alien are classified in the [27]O-3 category. They cannot engage in employment in the UnitedStates unless they are independently qualified.

An O-1 Visa is originally provided for up to three decades. Consequently, it can be prolonged for oneseason at one time. There is no restrict to the variety of additions that may be provided. If you have anyquestion about O Visa Category, Please contact Wani & Associates for a free consultation. Wani & Associates,P.C is known for its accessibility to its clients. Call today at: [28]1-866-755-9264

Visit Our Website: [29]http://www.wanilaw.com

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Basic Requirements for Obtaining O-1 and O-2 Status (2013-02-20 09:41)

O-1 and O-2 Visa Processing Requirements:

The [1]O-1 category is set aside for the principal [2]alien with extraordinary ability. The law establishes threedifferent standards for the O-1 category:

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• The most exacting standard applies to aliens in the sciences, education, business, and [3]athletics.

• A much less rigorous standard applies to individual aliens in the arts.

• An intermediate standard applies to aliens of extraordinary achievement in the motion picture or TVindustries.

[4]

(a) Aliens of extraordinary ability in the sciences, education, business, and athletics

With regard to the first group of individuals who qualify for [5]O-1 Status (aliens in the sciences, edu-cation, business, and athletics), the [6]USCIS rules provide that only a person who is one of the smallpercentage who have risen to the very top of his or her field of endeavor qualifies for this type of extraordinaryability.

• Receipt of a major, internationally-recognized award, such as the Nobel Prize.

(b) Aliens of extraordinary ability in the arts

To qualify as a member of the second group of [7]O-1 aliens (aliens of extraordinary ability in the arts), the[8]USCIS rules require ”distinction.” ”Distinction” means a high level of achievement in the field of arts asevidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extentthat a person is described as prominent, leading, or well known in the field of arts.

• Evidence that the alien has been nominated for or has been the recipient of significant national orinternational awards or prizes in the particular Held, such as an Academy Award, an Emmy, a Grammy,or a Director’s Guild Award.

(c) Aliens of extraordinary achievement in the motion picture or TV industries

To qualify as a person of extraordinary achievement in the motion picture or television industries, it must beshown that the alien has a very high level of accomplishment in the motion picture or television industryevidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extentthat the person is recognized as outstanding, notable, or leading in the motion picture or television field.This standard is more exacting than the [9]standard applicable to aliens of extraordinary ability in the arts

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but less rigorous than the standard applicable to aliens in the sciences, education, business, and athletics.

(d) Work in the area of extraordinary ability or achievement

The O-1 alien must be coming to the [10]United States to work in his or her area of extraordinary ability orachievement. Under prior [11]rules, the [12]Service had taken the position that the performance, event, orposition must require the services of an alien of extraordinary ability or achievement.

Basic requirements for obtaining 0-2 status

The [13]O-2 category is set aside for aliens who will accompany and assist in the artistic or athletic per-formance of an [14]O-1 alien and aliens who will accompany and assist an O-1 alien on a specific motionpicture or television production. O-2 aliens must have a [15]foreign residence which they have no intention ofabandoning; this requirement, which was eliminated for the [16]H-1B category, is not imposed for O-1 aliens.

With regard to the [17]O-2 category for aliens accompanying and assisting an O-1 alien on a specificmotion picture or television production, the 1991 Amendments clarify that the alien must have skills andexperience with the O-1 alien which are not of a general nature and which are critical:

• Based on a pre-existing longstanding working relationship.

• Because significant production will take place both inside and outside of the [18]United States and thecontinuing participation of the alien is essential to the successful completion of the production.

If you have any question about O-1 and O-2 status, Please contact Wani & Associates for a free consultation.Wani & Associates, P.C is known for its accessibility to its clients. Call today at: [19]1-866-755-9264

[20]http://www.wanilaw.com





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Basic Information about the P Visa Category (2013-02-25 10:22)

P Category Visa Process:

Coverage of P category

The [1]P category covers those entertainers and [2]athletes who cannot qualify under the extraordinaryability standard for the [3]O category. The only other category in which entertainers or athletes may beadmitted to the [4]United States is the [5]H-2B category, requiring a labor certification. The H-1B categoryspecifically excludes from coverage those aliens fitting within the O and P categories. It is important to notethat in most cases accompanying aliens are not permitted for P entertainers and athletes. It should also benoted that the P category maintains the requirement, deleted for the [6]H-1B category, that the alien have a[7]foreign residence that he or she has no intention of abandoning.

[8] Duration of stay

Except for individual [9]P-1 athletes, there is no explicit statutory limitation on the period of stay for[10]P non-immigrants. The initial period of stay can be approved for the time necessary for the specificcompetition, event, or performance, up to a period of one year. With regard to individual P-1 athletes, aninitial [11]period of stay can be approved for five years, up to a total of 10 years. A ”competition, event, orperformance” means an activity such as an athletic competition, athletic season, tournament, tour, exhibit,project, entertainment event, or engagement. A group of related activities will also be considered an event.

• An extension of stay for a P-1 individual athlete and support personnel can be granted for an additionalperiod of five years for a total period of stay not to exceed 10 years.

• Extensions of stay for all other P non-immigrants and support personnel can be granted in incrementsof up to one year to continue or complete the same event or activity for which they were admitted.

• In addition, extensions may be granted to complete additional similar or comparable performances,engagements, or competitions not listed in the initial petition.

Procedures for the P category

Classification in the P category requires the filing of a P petition with the [12]Immigration Service in

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order to obtain permission to employ a [13]P alien for a temporary period. Before a petition can be approvedfor P classification, a consultation requirement must be met. The law requires the submission of an advisoryopinion from a labor organization with expertise in the alien’s specific field. The petition may establish thata labor organization does not exist, in which case the [14]USCIS may adjudicate the petition without anadvisory opinion.

The [15]P petition may be filed for multiple P aliens if they are members of a group or team seekingclassification based on the reputation of the group or team as an entity, or if they will provide essentialsupport to the same P-1, P-2 or P-3 alien or group performing in the same location and in the same timeperiod; support personnel cannot be included in the same petition as the principal P alien or group. Separatepetitions must be filed for support personnel.

Special conditions

The principal condition regarding P status that must be remembered by [16]employers is that obtain-ing P status for an alien requires three steps:

• Obtaining an advisory opinion from a labor organization (or submitting evidence that such an organi-zation does not exist).

• Approval by the [17]USCIS of a P petition supported by the advisory opinion.

• Issuance by a [18]U.S. consulate of a P visa based on the approved petition.

Also keep in mind the following:

Freelancing not permitted: The final rules issued in August 1994 clarify that an alien or group inP classification may only be admitted to perform [19]services in ”specific, identified” events, performances,competitions, or engagements; P status may not be granted to an alien to enter the [20]United States to freelance in the open market.

Filings by foreign employers and U.S. agents: A final rule issued in April 1997 revises the cir-cumstances under which a foreign employer may file P-1 petitions. Under prior [21]rules, a foreign employercould directly petition for an P-1 alien. The new rules state that a foreign employer may file a petition onlythrough a United States agent. A ”foreign employer” includes any employer who is not amenable to service ofprocess in the United States.

• Cases involving [22]self-employment

• Cases involving ”numerous employers”

• Cases involving foreign employers

Filing permanent residence papers: The approval of a [23]permanent labor certification or the filing ofan [24]immigrant preference petition is not a basis for denying a P petition, an extension of stay request, or achange of status application.

Members of P-1 entertainment and athletic groups: A person who is a member of an interna-tionally recognized entertainment group or athletic team may be granted P-1 classification based on that

54

relationship, but may not perform services separate and apart from the entertainment group or athletic team.

Employer obligation to pay for return abroad: One obligation imposed by the 1990 Act is for employersto pay for the return trip of P employees whose [25]employment is terminated prior to the expiration of theauthorized period of stay.

Family members of P aliens: The family members (spouse and unmarried children under 21) of theprincipal alien are classified in the [26]P-4 category. They cannot engage in employment in the United Statesunless they are independently qualified.

If you have any questions, our office in Wani & Associates will be happy to help you. Please feel freeto Contact Now: [27]1-866-755-9264 .

For more detailed information then come our website: [28]http://www.wanilaw.com/











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2.3 March

Basic Information about the L Category (2013-03-07 07:04)

General Requirements and Special Conditions of L Visa Category:

1. General Requirement

The [1]L non-immigrant visa category is one of the most useful tools available to international compa-nies needing to bring foreign employees to the [2]United States. If a few basic requirements can be met, manyadvantages exist to using the L category. Note that under the 1990 Act, a new employment-based immigrantpreference category was created for managers and executives who meet the L-1 standards for those employees.These aliens are considered ”priority workers” in the first preference, which has 40,000 annual [3]immigrantvisas allotted to it.

[4] 2. Duration of stay

An [5]alien may be admitted to the United States in [6]L-1 status for the period of time required bythe employer, up to a maximum initial period of stay of three years. The total [7]period of stay may reachseven years for L-1A managers and executives, and five years for L-1B specialized knowledge personnel. In achange from the law existing before the 1990 Act, additional periods of stay beyond these limits cannot begranted based on a showing of extraordinary circumstances.

3. Application process

• The [8]U.S. employer must file a petition with the Immigration Service in order to obtain permission totransfer a foreign national for a temporary period.

• Once the [9]petition is approved, the approved petition is sent to a [10]U.S. consulate where the aliencan obtain an L-1 visa to enter the United States.

• If the alien is already in the United States in a different non-immigrant category, his or her [11]statusmust be changed to the L-1 category.

• Under past rules, the change was made by filing a separate application for change of status with the L-1petition; under current rules, the change of status is incorporated in the L-I petition, and a separateapplication form is not required.

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Blanket petitions: Note that the procedures are different for [12]employers who have received approval of ablanket petition permitting them to issue certificates of eligibility directly to their transferring employees,who take them to a U.S. consulate for L-1 visa issuance.

4. Special conditions

The ”priority worker” immigration category for L-1 managers and executives:

L employees who are in managerial or executive roles also have an advantageous route to [13]per-manent residence. Under changes made by the 1990 Act, a new employment-based immigrant preferencecategory is created which includes managers and executives meeting L-1 standards. The first employment-based preference for ”priority workers,” including L-1 level managers and executives, is allotted 40,000annual immigrant visas. Aliens qualifying for immigration in this category are exempted from the usuallabor certification requirement, thereby abbreviating the procedures and time required to obtain permanentresidence.

Non-immigrant intent and permanent residence papers:

Another advantage for L-1 aliens is that they do not need to show that they maintain a foreignresidence during their U.S. stay and they may seek permanent residence and still obtain [14]L-1 visas,petition approvals, and extensions of stay. The 1990 Act eliminated the requirement that L-1 aliens establishtheir non-immigrant intent and removed the filing of permanent residence papers as a relevant factor indetermining whether L-1 aliens are legitimate non-immigrant.

Limits on stay and approval of new petitions:

An [15]L-1 alien who has been present in the United States for the full period of stay-five years forspecialized knowledge personnel or seven years for executives and managers is barred from reentering the[16]United States in either H or L status until he or she has resided outside of the United States for a fullyear.

Family members of the L-1 non-immigrant

Family members of the L-1 non-immigrant are entitled to admission in the L-2 non-immigrant cate-gory. Included in this category is the [17]spouse of the visa holder, as well as minor unmarried children underthe age of 21. Once children attain the age of 21 or get married, they are no longer eligible to remain in theUnited States in L-2 status.

The family members of the principal alien, who are admitted with the alien, but classified in theL-2 category, can undertake courses of study in the U.S. while remaining in [18]L-2 status. Until recently,family members could not engage in employment in the U.S. unless they were independently qualified, e.g.,eligible for [19]H-1B classification or another work-authorized category.

If you have any questions, our office in Wani & Associates will be happy to help you explain theJ1 Visa program requirements. Please feel free to Contact Now: [20]1-866-755-9264 .

[21]http://www.wanilaw.com/



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Basic Information about the TN Visa Category (2013-03-18 08:19)

General Requirements and Special Conditions of TN Visa Category:

[1]


In August 1992, the [2]United States entered into the North American Free Trade Agreement (NAFTA),which provides for expedited admission of business persons from each country. The [3]immigration relatedprovisions of NAFTA cover four categories of business persons from Canada and Mexico seeking entry intothe United States:

• [4]TN professionals

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• B-1 temporary business visitors

• [5]E traders and investors

• L-1 intracompany transferees

Professionals entering in the [6]TN category can work for a U.S. entity in several situations:

• Qualifying [7]professionals who are employees of U.S. companies can work for those companies on atemporary basis and be paid by them in an identical manner to [8]H- 1B professionals

• Qualifying professionals who are [9]self-employed can work for U.S. companies if a service contractexists between the self-employed professional and the [10]U.S. companies providing for the rendering ofprofessional services.

• Qualifying professionals who are employees of Canadian or Mexican companies can work for U.S.companies.

2. Duration of stay

An alien may be admitted to the United States in [11]TN status for the period of time required bythe employer, up to a maximum initial period of stay of one year. TN professionals can receive extensions ofstay in one-year increments, with no outside limit on the total period of stay. The only limitation on theduration of stay of TN non-immigrants is that the purpose of the stay must continue to be temporary.

3. Procedures for the TN category

Canadian professionals are designated as TN-1 non-immigrants as distinguished from the TC classi-fication under the FTA. Mexican nationals seeking TN status must apply for a non-immigrant visa at a[12]U.S. consulate. Under prior procedures, Mexican citizens were required to comply with a procedurethat was nearly identical to that for H-1B classification for nationals of other countries. The employer wasrequired to file a petition for TN status with the [13]USCIS, and the petition was required to be supportedby a labor condition application (LCA).


Non-immigrant intent and permanent residence papers:

Final [14]TN rules issued by the Service and State Department clarify that TN classification maybe conferred only to persons seeking temporary entry without the intent to establish [15]permanent residence.

Limits on self-employment:

The admission of self-employed TN professionals has raised complex issues under NAFTA. The TNrules codify agency policy on [16]self-employment by TN professionals. In earlier directives, the Servicestated that a TN professional cannot establish a business or practice in the United States in which he or shewill be self-employed.

Strike provisions of NAFTA:

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Both Canadian and Mexican nationals seeking entry in TN status are subject to the ”strike” provi-sions in NAFTA. The strike or work stoppage component of the treaty provides that if the Department ofLabor certifies to the [17]USCIS that the place of employment to which a Canadian or Mexican national isdestined is the subject of a strike or other labor dispute involving a work stoppage, and the inspecting officerbelieves that the temporary entry of the [18]alien may affect adversely either the settlement of such labordispute or the employment of a person involved in the dispute, then the applicant for admission may berefused or a [19]TN petition may be denied.

Elimination of annual numerical cap on new Mexican TN admissions:

Originally, NAFTA established an annual numerical cap on Mexican TN admissions. Specifically,only 5,500 Mexican TN were to be admitted each year, though the TN foreign national’s family members inTD status were not counted against the limitation.

Family members of TN aliens:

The family members ([20]spouse and unmarried children under 21) of the principal alien are classi-fied in the TD category. They cannot engage in [21]employment unless they are independently qualified.Family members can undertake courses of study in the United States while remaining in TD status.

[22]Wani & Associates, P.C. is known for its accessibility to its clients. Whenever you call, youtalk to an [23]attorney not a legal assistant or a secretary. Call today at: [24](703) 556-6626

Visit our Website: [25]http://www.wanilaw.com

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Basic Requirements for Obtaining TN Classification (2013-03-22 08:32)

TN Classification Requirements:

[1] Basic Requirements

To qualify for [2]TN status, the intended U.S. activity must be in a [3]profession and the alien mustpossess the necessary credentials to be considered a professional in one of the Appendix 1603.D.1 fields. The[4]alien must actually perform professional-level activities in the [5]United States. With regard to the alien’squalifications, a bachelor’s or higher degree is usually required, unless Appendix 1603.D.1 lists alternativequalifications. Equivalency to a required degree through a combination of experience and education will notbe accepted for TN purposes; aliens in this situation must apply for [6]H-1 status.

Designated TN professions

The Canadian or Mexican professional qualifying for the [7]TN category must be engaged in a profes-sion included in Appendix 1603.D.1 of NAFTA. Among the most useful occupations in Appendix 1603.D.1are accountants, engineers, registered nurses, architects, [8]lawyers, university-level teachers and researchassistants, hotel managers, librarians, systems analysts, and management [9]consultants.

• [10]USCIS issues final rule adding actuaries and plant pathologists to list of TN professionals.

• The minimum requirement for a plant pathologist would be a baccalaureate or licenciatura degree.

• The final rule also removes a requirement under prior regulations that a Canadian present a license tobe admitted as a [11]TN non-immigrant in those situations in which a license is required to practicethe profession in the locality in which services will be provided.

Qualifications of TN professional

To qualify for TN status the alien must possess the necessary credentials. When a bachelor’s or a

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licenciatura degree is required under Appendix 1603.D.1, a combination of education and experienceequivalent to a bachelor’s degree will not be accepted. If the alien must rely on a combination of educationand experience, H-1 status should be sought for the alien. Additional points related to specific professionsare discussed below:

1. Canadian Bachelors Degree

A Canadian three-year bachelor’s degree program satisfies the degree requirement the important ele-ment is the requisite degree and not the length of the course of study.

2. Nurses

Canadian nurses may have a [12]Canadian provincial license or a state license issued in the UnitedStates to qualify for TN status. In addition, the nurse must have a license in the state of intended[13]employment suitable for commencement of employment.

3. Scientific Technician/Technologist

A general offer of employment by a professional in one of the qualifying disciplines is not sufficient,by itself, to establish eligibilitywill be inter-related with that of the supervisory professional.

4. Post-Secondary Diplomas and Certificates

For purposes of designation as a computer systems analyst, graphic designer, hotel manager, indus-trial designer, interior designer, medical technologist, or a technical publications writer, a postsecondarydiploma means a credential issued, on completion of two or more years of post secondary education, by anaccredited academic institution in Canada or the [14]United States.

5. Certification Requirement for Health Care Workers

IIRIRA renders inadmissible a [15]foreign national seeking to enter the United States for the pur-pose of performing labor as a health care worker (other than a physician), unless the foreign national presentscertification from a credentialing organization approved by the Department of Homeland Security.

6. Licensure Requirement for Canadian and Mexican TNs

The [16]USCIS issued a final rule removing a requirement under prior regulations that a Canadianpresent a licence to be admitted as a TN non-immigration in those situations in which a license is required topractice the [17]profession in the locality in which services will be provided.

For more Information about TN Visa Category and Requirements, Please contact Wani & Asso-ciates P.C. for a free consultation. Call now at: [18](703) 490-1111


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2.4 April

Basic Requirements for Obtaining P-1 Status (2013-04-04 06:53)

General Requirements of P-1 Visa Category:

[1] The P-1 category is set aside for:

• [2]Alien athletes who compete individually or as part of a [3]team at an internationally recognized level.

• Aliens who perform with, or are an integral and essential part of the performance of, an entertainmentgroup that has received international recognition as ”outstanding” for a ”sustained and substantial[4]period of time.”

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1. P-1 athletes and athletic teams

With regard to athletes and [5]athletic teams, the USCIS rules provide that a petition for an athleticteam must be accompanied by evidence that the team as a unit has achieved international recognition in thesport. An athlete who will compete individually, and not part of a team, must be accompanied by evidencethat the athlete has achieved international recognition in the sport based on his or her reputation.

Special note regarding players in MLB and the NHL

Under current Service policy, players under contract with teams in Major League Baseball or the Na-tional Hockey League are merely required to submit their contracts with such teams to establish their [6]P-1credentials.

2. P-1 entertainment groups

With regard to entertainment groups, the rules provide that [7]P-1 classification can be accorded to theentertainment group to perform as a unit based on the international reputation of the group; thus, individualentertainers cannot be accorded P-1 classification to perform separate and apart from the group. With someexceptions, two principal requirements apply to entertainment groups:

• The group must have been internationally recognized as outstanding in the discipline for a sustainedand substantial period of time.

• 75 % of the members of the group must have had a sustained and substantial relationship with thegroup for at least one year and must provide functions integral to the group’s performance.

One-year membership Requirement

• The one-year requirement can be waived because of illness or unanticipated and exigent circumstancesaffecting a group member or when an alien augments the group by performing a critical role.

• The one-year requirement is inapplicable to circus performers and essential circus support personnel.

Special note regarding solo entertainers, young artists and new groups

The government has underlined that [8]P-1 petitions may not be approved for solo [9]foreign entertain-ers. The only basis for approval of a P-1 petition for a single entertainer is when that entertainer will becoming to the [10]United States to join a foreign-based entertainment group, e.g., an alien orchestra membercoming to the United States to play with an orchestra already on tour here.

3. Positions requiring services of P-1 aliens

With regard to [11]P-1 aliens or groups, the position in the United States must require the services ofthe P-1 alien or group under [12]USCIS rules. Thus, for a P-1 alien seeking classification as an athlete inan individual capacity, the rules provide that the alien must be coming to the [13]United States to performservices in a competition or event which requires an internationally recognized athlete.

4. P-1 essential support personnel

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With regard to entertainment groups, the addition of aliens who are an integral and essential part ofthe entertainment group is an important revision made by the 1991 Amendments.

[14]Wani & Associates, P.C. is known for its accessibility to its clients. For more information about call at:[15](301) 434-1666 or Visit: [16]http://www.wanilaw.com

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Basic Requirements For Obtaining L-1 Status (2013-04-15 10:06)

Special Requirements for obtaining L-1 Visa:

[1] 1. The employee must have worked abroad for the overseascompany for a continuous period of one year in the preceding three years:

The [2]employee must have completed one continuous year of employment outside of the [3]United Stateswith the overseas company within the preceding three years before he or she can be transferred to the relatedU.S. Company. The [4]USCIS will look at the three years preceding the date of the petition to see whetherthe alien has spent the requisite continuous period of one year of employment abroad.

• Six-month rule for L-1 transferees under blanket petitions: Legislation enacted in December2004 restores the one-year pre-employment requirement for L-1 visa applicants filing under the blanket

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[5]petition program. A 2002 amendment had reduced the one-year employment requirement for L-1scoming in under blanket petitions to six months.

• Part-time employment abroad: A year or more of part-time employment cannot be added up tomeet the one-year abroad requirement, unless the employee has worked part-time for each of severalforeign affiliates of the [6]U.S. Company, and the total employment time equals full-time hours.

• Intervening employment with unrelated foreign employer: The regulations do not require thatthe alien’s current [7]foreign employer and the petitioner be related entities, but rather that the alienmust have worked for a qualifying organization for one continuous year within three years precedingthe application for admission to the [8]United States.

2. The overseas company must be related to the U.S. company in a specific manner:

The [9]law states that the company abroad for which the employee has worked for a year abroadmust be ”the same employer or a subsidiary or affiliate” of the U.S. company. The meaning of these termscan become quite complex.

3. The company must be a qualifying organization:

The Company must be a [10]qualifying organization, i.e., one that is doing business in the UnitedStates and one other country during the whole period of the transfer. The ”qualifying organization” conceptarises from the government concern that the [11]L-1 category will be used by owners of small businessesabroad who ”transfer” themselves to the United States.

4. The employee to be transferred must have been employed abroad in an ”executive”or ”managerial” position or a position involving ”specialized knowledge”:

The meaning of the terms ”executive,” ”managerial,” and ”specialized knowledge” can also be quitecomplex.

5. The employee must be coming to the U.S. Company to work in an executive, man-agerial, or specialized knowledge capacity:

The employee does not have to render services in the same capacity in the United States that heor she filled abroad. For example, a ”specialized knowledge” [12]employee abroad may be coming to theUnited States to fill a managerial position.

6. The employee must he qualified for the position by virtue of his or her prior educa-tion and experience:

The [13]USCIS requires that proof of the [14]alien’s qualification for the job be submitted with the[15]L-1 petition.

7. The L-1 alien must intend to depart the United States upon completion of his orher authorized stay (including extensions), but may also pursue permanent residence at thesame time:

For most [16]companies, a simple affirmation that the transferee temporarily will depart the UnitedStates upon completion of his or her authorized stay is sufficient. When the transferee is also anowner/operator of the company, however, the papers must be accompanied by evidence that the employee

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will not remain indefinitely or permanently in this country.

8. Special requirements applicable to Canadian and Mexican intracompany transfereesunder NAFTA:

[17]NAFTA contains a strike provision which is only applicable to Canadian and Mexican intracom-pany transferees; under the strike provision, the [18]USCIS may deny a petition for [19]L-1 classification,suspend an approved petition, or deny entry to a citizen of Canada or Mexico if a strike or work stoppagehas been certified by the Department of Labor in the place of intended employment.

If you are a potential [20]immigrant or are already in the United States, an immigration lawyerFairfax can help you find successful answers to many of the legal issues that foreign citizens face. Pleasecontact Wani & Associates for a [21]free consultation. We can be reached by telephone, fax, or by filling outthe client [22]intake form. Call Now at: [23](703) 556-6626 or Visit our Website: [24]http://www.wanilaw.com





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What is the Procedure for obtaining L-1 Visa Status? (2013-04-26 09:03)

The process for obtaining L-1 status:

[1] 1. Prepare the Preliminary Papers

There are three components to the papers the [2]employer must prepare:

• The [3]petition

• The company’s letter supporting the petition

• Documents supporting the petition

• When the employee is coming to establish a new office-one in existence for less than a year-the papersmust contain special elements not included in other types of petitions. These special elements arehighlighted in the following sections and should be reviewed carefully in the case of companies inexistence in the U.S. for less than one year. Under the [4]USCIS regulations, a petition for a transfereecoming to a new office can only be approved for an initial period of one year; extensions up to the fullouter limit on stay are possible after the one-year initial period, provided the new office is establishedand doing business by that time, and an overseas affiliate remains in operation as well.

• When a company has used the [5]L visa category to bring to the U.S. at least 10 managerial, executive,or specialized knowledge professional employees in the preceding 12 months, it may be eligible to usethe [6]L-1 blanket petition program. Other standards exist as well in determining whether a companyis qualified for the L-1 blanket petition program. The procedure for this program, which enablescompanies to cut back dramatically on their paperwork and issue their own certificates of eligibility totheir transferees, is different than that for individual petitions.

2. Submit the Papers

All papers, together with the correct filing fee, must be submitted to the USCIS service center with jurisdictionover the place of intended employment.

3. Have the employee obtain an L-1 Visa

After obtaining the approval notice from the USCIS, the employer can give it to the employee to takewith him or her to a [7]U.S. consulate abroad to obtain a visa to enter the United States. Unless the employee

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is a Canadian citizen or a landed [8]immigrant of Canada from a British Commonwealth country, he or shemust obtain a visa to enter the [9]United States after receiving the approval notice from the [10]USCIS. Theapproval notice is not enough to get the employee into the United States by itself.

Preparation of the Papers

Preparing the petition (Form I-129)

A petition to transfer any alien employee to the [11]United States is made on Form I-129 and L Sup-plement. When dealing with Form I-129 and the L Supplement, keep the two points discussed below in mind:

• Form I-129 and the [12]L Supplement must he completed in duplicate and executed in duplicate.

The second copy of the form may be a carbon or other reproduction of the original, but original signaturesmust appear on both.

• Family members ([13]spouses and unmarried children under 21) are automatically included in the initialpetition.

A separate form need not be filed for family members of the principal beneficiary. When the [14]petition isapproved, however, they will need to file separate applications at the U.S. consulate to obtain entry visas.Note, however, that family members are not automatically included when Form I-129 and L Supplementare filed for the principal alien’s extension of stay or change of status to the [15]L category. In those cases,Form I-129 must be filed for the family members concurrently with the principal [16]alien’s Form I-129 and Lsupplement.

[17]WANI & ASSOCIATES, P.C Attorneys and Counselors at Law provide a wide variety of immigra-tion services in the states of Maryland and Virginia as well as District of Columbia. We have three officesconveniently located in [18]Virginia (Falls Church and Woodbridge) and Maryland (Langley Park). Our firm[19]specializes in all kinds of [20]Immigration matters. Call at: [21](301) 434-1666


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Alena (2013-05-09 11:31:01)Thanks for sharing very useful Information. I really appreciate your blogging skills.

wanilaw (2013-05-13 08:47:29)Thanks alot.

2.5 May

What is the Procedure for Canadian TN Professionals? (2013-05-03 11:12)

General Procedure:

[1] Procedures for the classification of a [2]Canadian citizen asa [3]TN professional under NAFTA are substantially similar to those under the FTA. As under the FTA,Canadian professionals may enter the [4]United States under NAFTA without the requirement of a USCISpetition approval required in the [5]H-1 category; these professionals can enter the United States simply byproviding documentation at the port of entry that they are engaged in one of the designated professions,and that they possess the requisite educational credentials to qualify in the listed profession. [6]Canadianprofessionals are designated as TN-1 non-immigrants as distinguished from the TC classification under theFTA.

Preparation of the TN application

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Canadian professionals seeking admission to the U.S. in the [7]TN category must present the case foradmission at the port of entry. No prior petition, labor certification, visa or other approval is required ofCanadian citizens seeking admission as [8]TN non-immigrant. The major ports of entry now have Customsand Border Protection officers designated to adjudicate NAFTA applications.

Presentation of the TN application

• Canadians seeking [9]TN status may apply at major ports of entry, airports handling internationalnights, or at U.S. preclearance stations in Canada.

• Such applications are made in conjunction with applications for admission and must be filed in person.

• The Service has recently revised its field instructions to provide that ports of entry and preclearancestations can no longer accept advance filings of [10]TN applications under NAFTA submitted byCanadians.

Family members of the TN applicant: TD non-immigrants

Under the PTA, [11]spouses and unmarried minor children of a TN applicant were admitted to the UnitedStates as [12]B-2 non-immigrant. NAFTA created a separate non-immigrant category for such dependents;under NAFTA, the spouse and unmarried minor children of a TN applicant who are also Canadian citizensare admitted to the United States as TD non-immigrant. No separate application needs to be made for familymembers and no filing fee need be paid for them. If the family members are entering the [13]U.S. after theprincipal TN applicant has been admitted, they should present a certified copy of the alien’s I-94 form whichwas given to the alien upon admission to the [14]United States.

Processing of the TN application, Admission, and Re-entries

• TN applications are processed in the same manner that TC applications were processed under the PTA.When the application is submitted at the port of entry with the $50 filing fee, the [15]applicant will begiven a filing receipt on Form G-211, G-711, or I-797.

• As under the FTA, admission will be granted for a one-year period, which will be indicated, along withthe TN classification, on an I-94 form given to the applicant.

• The one-year period of admission is good for any number of re-entries during the one-year [16]period.

Increased Screening at Ports of Entry

Upon seeking admission to the United States, [17]foreign nationals should expect more thorough screeningprocedures at airports and other ports of entry. Visa validity and identity will be checked in DHS and otherlaw enforcement databases. Foreign nationals will be subject to more questioning by immigration officialsabout immigration status, travel history, the purpose of the visit, background, [18]employment and otherissues. During re-entry, foreign nationals should be patient and answer all questions clearly. Omission ormisrepresentation of information can result in denial of admission. If detained by immigration authorities,foreign nationals should note that they are not entitled to legal representation at the port of entry, but mayask for permission to contact an [19]attorney if the need arises.

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Automated entry programs for Canadian nationals

Canadian business persons are eligible to participate in a special program designed to expedite the en-try of frequent business travelers at selected international airports. The Passenger Accelerated ServiceSystem (INSPASS) was initially instituted for a six-month test period, but has been extended and expanded.The program is essentially an automated immigration inspection system that eliminates the live inspectioninterview for frequent business travelers and significantly reduces traveler processing time.

If you have any questions, our office in [20]Wani & Associates will be happy to help you. Please feelfree to Contact Now: [21]1-866-755-9264 .

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How to change of Status to the J-1 Category? (2013-05-13 10:10)

Change of Status to the J-1 Category:

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[1] Generally

There are occasions when an [2]alien who qualifies for [3]J-1 status is already present in the U.S. in adifferent [4]non-immigrant category. For example, a foreign employee may be present in the [5]U.S. to attenda series of meetings or conferences with management and executives of his or her company’s U.S. parent([6]B-1 visa category). During the course of these meetings, management may determine that the alien hasdemonstrated business acumen that makes him or her strong candidate for eventual placement in a managerialor executive position with the overseas subsidiary.

Preparing the papers for a change of Status Application

Assuming that a change of non-immigrant [7]status does not raise any problems-as when, for example,the alien has been engaged in [8]practical training in the U.S. under a different [9]non-immigrant visa. Thefollowing paperwork must be prepared:

1. Form DS-2019 (including one for each family member including in the change of status application)

2. Form I-539

3. Supporting documents

4. I-94 forms for alien and family members

5. Filing fees

Each of these elements are discussed below:

• Form DS-2019

This form must be properly executed by the program sponsor and the intending participant. Keep in mindthat some program sponsors, e.g., for ”umbrella programs,” will not issue the Certificate of Eligibility if thealien is present in the [10]United States. Under such a restriction, the alien would be precluded from changinghis or her status while in the U.S. and would have to apply for the visa at a [11]U.S. consulate.

• Form I-539

Form I-539 should be used to request the change of status. Box 1.b. of Part 2 of the form should be checkedfor a change of status, and ”[12]J-1” should be written in the appropriate space.

• Supporting Documentation

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It is advisable to submit a letter from the [13]company or organization with which training will be undertakenexplaining the reasons for training the alien e.g., career development. Also, a description of the nature of thetraining that the alien will receive should be included.

• Copy of Form I-94 for the J-1 alien and each family member

Form I-94 is given to each alien upon his or her admission to the U.S. The alien is required to keep thisdocument in his or her possession, as it indicates the [14]period of authorized stay, as well as the non-immigrantcategory under which the alien was admitted.

• Correct filing fee

The [15]USCIS charges a standard filing fee for any I-539 filing, regardless of the number of co-applicantslisted on the form; all family members can be included in the same application.

Visa renewal and travel while application is pending or after application is approved

The [16]USCIS approval of the change of status application gives the exchange visitor the right to re-main in the U.S. subject to the conditions of the [17]J-1 category. However, if the student leaves the UnitedStates, he or she cannot reenter without first obtaining a J-1 visa from a U.S. consulate outside of the U.S.This visa is obtained in much the same way that the original visa would be obtained if the exchange visitorapplied from abroad for student status.

Persons Ineligible for a change of Status

Persons who are not eligible to change their status in the [18]United States (e.g., they are out of sta-tus or engaged in unauthorized [19]employment), must apply for a J-1 non-immigrant visa abroad unlessthey are able to justify a late application. The documentation to be submitted in connection with a J-1 visaapplication. It should also be noted that persons who are in unlawful status for significant [20]periods of time(181 days or more) may be subject to new grounds for inadmissibility upon their departure from the UnitedStates. Persons subject to the new inadmissibility grounds are ineligible for non-immigrant or immigrant visaissuance for three or 10 years, depending on the length of the period of unlawful presence. Agency guidanceon the new inadmissibility grounds, which were added by the IIRIRA.

[21]Wani & Associates, P.C. is known for its accessibility to its clients. For more information about call at:[22](301) 434-1666 or Visit: [23]http://www.wanilaw.com

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2.6 June

Basic Information about Immigration Based on a Family Relationship (2013-06-28 07:24)

The Application Process of Immigration Based on a Family Relationship:

Generally

[1] [2]Permanent resident status, symbolized to many people by the so-called”[3]green card” (which is actually pink or light blue, depending on the edition), confers on [4]foreign nationals

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the right to live and work in the [5]United States without time limitations. Although there are several otherbases for obtaining permanent residence, e.g., the diversity [6]immigration program created by the 1990Act, the two most common are through close family ties to [7]U.S.Citizens or other permanent residents, orthrough employment in the United States, usually based on a job of-fer from a U.S. employer.

With regard to both means for obtaining [8]permanent residence, Congress has designated those groups towhom it gives preference in immigrating to the United States. The following family-based groups have beendesignated by Congress as groups eligible for permanent residence:

• Immediate relatives of U.S. citizens (immigrants eligible for immediate relative status)

• Other close family members of U.S. citizens (immigrants eligible for classification in the first, third, andfourth family-based preferences)

• [9]Spouses and unmarried sons and daughters of permanent residents (immigrants eligible for classifica-tion in the second family-based preference)

With regard to all other family-based groups, only a limited number of [10]immigrant visas are availablewithin the annual cap for each foreign state and within each preference category.

• The State Department’s Visa Office keeps track of assignments of immigrant visas within the preferences,and by country, to assure that the numerical limit placed on each category and for each country arenot exceeded.

• An [11]immigrant visa is assigned based on the alien’s ”priority date.”

• For persons seeking immigration through close family relationships, the priority date accorded the[12]alien is the date the immigrant visa petition is filed with the [13]Immigration Service.

The Application Process

The procedure for obtaining permanent residence involves two steps. First, the U.S. citizen or permanentresident relative must sponsor the noncitizen for permanent residence. The relative files a petition with theImmigration Service to have the alien, who is the ”beneficiary” of the petition, classified as a person qualifiedto immigrate. In some cases, principally with regard to spouses of deceased citizens and battered spouses andchildren eligible for [14]self-petition benefits, a sponsor is not required. In these cases, the foreign nationalmay file a petition on his or her own behalf.

• The permanent residence petition filed with the Immigration Service to have the alien classified as aqualified immigrant is not the final step to obtain permanent resident status but is rather a necessarypreliminary step.

• Once the alien is found qualified within one of the groups to which Congress has given preference forimmigration, he or she can then apply for permanent residence status.

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• This application is often made at a [15]U.S. consulate outside of the United States.

• In most circumstances in which the alien is already in the United States, however, the application canbe made here to ”adjust status” to that of a permanent resident.

Family Members of prospective Immigrants

Family members of individuals eligible for immediate relative status cannot [16]immigrate unless each ofthem also qualifies as an immediate relative (e.g., based on their relationship to the U.S. citizen sponsor).No derivative status may be accorded to family members of foreign nationals eligible for immediate relativeclassification. Because eligibility for immediate relative classification must be established on an individualbasis, a separate petition must be filed on behalf of each family member.

There are two exceptions to the general rule:1. The children of an individual who qualifies for immediate relative status as the spouse of a deceased citizenare entitled to derivative classification.

2. The children of an individual eligible for self-petition benefits as the battered [17]spouse of a citizen arealso entitled to derivative classification.

If the exceptions do not apply, and the family member does not qualify as an immediate relative (e.g., basedon his or her relationship to the U.S. sponsor), he or she may later qualify for immigration once permanentresidence is obtained by the immediate relative immigrant (e.g., as a second preference child of a permanentresident).

Conditional residence granted to certain family-based immigrants

Some aliens-those who are spouses of U.S. citizens or permanent residents-might not obtain a final grant ofpermanent residence even when they have been admitted to the [18]United States with an immigrant visa orreceive approval of an adjustment of status application. Certain spouses of citizens or residents are grantedpermanent residence conditionally, dependent on their remaining married for two years after the grant ofresidence. Residence granted on a conditional basis applies only when the marriage was entered into withintwo years prior to the grant of residence.

A United States Permanent Resident Card, also known as a [19]Green card, is a proof of permanent residentstatus of an alien or outsider in the United States of America. Visit [20]http://www.wanilaw.com for bestservices. [21]Wani & Associates, P.C is known for its accessibility to its clients. Whenever you call, you talkto an attorney not a legal assistant or a secretary. You talk to an attorney throughout the process of yourcase in person, [22]telephonically, or via e-mail.




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2.7 July

Requirement for Permanent Residence based on a Family Relationship (2013-07-19 08:56)

Immediate Relatives of U.S. Citizens

[1] Generally

Persons who qualify as immediate relatives of [2]U.S. citizens are so highly preferred as candidates for[3]immigration that, unlike most other candidates, no numerical limitation is placed on the number of imme-diate relatives of citizens who may become [4]permanent residents in any one year. The following aliens canqualify as immediate relatives of U.S. citizens:

• [5]Spouses of U.S. citizens

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• Children of U.S. citizens (provided child is unmarried and under the age of 21 years)

• Parents of U.S. citizens (provided citizen is 21 years of age or older)

Spouses of U.S. citizens

A person who marries a citizen can qualify for immigration in this category. The marriage must notbe a ”sham,” of course-that is, one entered into in order to obtain an immigration benefit. The marriagemust be legally entered into that is, both parties were free to marry, all prior divorces were legal, and themarriage formalities themselves are recognized as [6]legal in the jurisdiction where the marriage occurred.The marriage must still legally exist-the parties cannot be divorced or legally separated. But the marriageneed not be viable even if the parties are separated, if they have not entered into a legal separation agreementor gotten divorced they still have a valid relationship for immigration purposes.

The spouse of a citizen whose marriage was created within two years prior to being granted permanentresidence is granted residence on a conditional basis. He or she is a full permanent resident in all respects-eligibility for employment, ability to travel freely in and out of the [7]United States, accumulation of timetoward compliance with residence and physical presence requirements for [8]naturalization as a U.S. citizen-butthat residence is subject to termination within two years after it is granted if the marriage has terminated bydivorce or annulment during that period, or the marriage turns out to be sham.

• [9]Spouses of deceased citizens qualify as immediate relatives for whom immigration may he soughtunder some circumstances.

• In order to qualify, the alien must have been the spouse of the deceased citizen for at least two yearsand must not have been legally separated at the time of the citizen’s death.

• The [10]alien spouse must file an immediate relative immigrant visa petition within two years after thedate of death and must still be unmarried at that time.

• Alien spouses seeking residence on this basis must use a different form than other [11]family-sponsoredimmigrants.

• The unmarried minor children of the alien spouse may be included in the [12]petition as well.

Children of U.S. citizens

Children of U.S. citizens are also eligible to immigrate. Note that ”child” is strictly defined in the [13]immi-gration law. The citizen’s child must be unmarried and under the age of 21 years.

• Children born in wedlock automatically qualify, and may be [14]petitioned by either citizen-parent.

• Children born out of wedlock to citizen-mothers also qualify.

• A citizen-father may petition for his child born out of wedlock only if the child was legitimated prior tothe age of 18 and the child is in the ”legal custody” of the citizen-father, or the citizen-father has orhad a bona fide parent child relationship with the child.

• Adopted children may also qualify, but only if the adoption was finalized prior to the child’s l6thbirthday and certain procedural requirements with regard to the adoption have occurred.

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• Stepchildren may qualify if the step relationship was established before the child’s l8th birthday.

Parents of U.S. citizens

Parents of U.S. citizens are eligible to immigrate as immediate relatives, but only if the citizen is 21years of age or older. The citizen must be able to qualify as a child of the parent according to the rules justoutlined, except of course that the citizen must be over the age of 21 and can be married. To determinewhether a parent [15]qualifies for immigration, then, it is essential to look at the parent-child relationship inthe same way as you would if you were determining whether a child would qualify.

Special issues regarding immediate relatives

There are several important points to keep concerning immediate relatives:

• [16]Family members of the immediate relative cannot immigrate unless each of them also qualifies asan immediate relative. Example: A U.S. citizen marries a foreign national who has a 19-year old child.The foreign national can immigrate as an immediate relative, but the child does not qualify as a childof the citizen, since the step relationship did not exist before the child’s l8th birthday, and the childis too old to qualify through adoption. The child cannot [17]immigrate as an immediate relative of acitizen. Once the foreign national becomes a permanent resident, however, the child may qualify as ason or daughter of a resident.

• Qualifying as an immediate relative of a citizen has several advantages, but one disadvantage. Sincean unlimited number of such aliens can immigrate each year, there is never a waiting list for visas.Thus, if such aliens are already in the U.S., and they meet all the other requirements for adjustment of[18]status they can always apply for adjustment of status.

• Because the ”immediate relatives” of U.S. citizens (spouses, minor children, Parents) are not subject toan annual cap on entry as are all other family-sponsored immigrants, an immigrant visa is consideredto be immediately available to these individuals. In reality, however, due to [19]USCIS and consularprocessing delays, it may still take up to a year for these family members who are outside of the countryto enter the U.S. Because they are presumed to be ”intending immigrants,” however, they are not eligibleto receive a non-immigrant visa to visit their petitioning U.S. citizen relative during the pendency ofthe process.

[20]WANI & ASSOCIATES, P.C Attorneys and Counselors at Law provide a wide variety of immigrationservices in the states of [21]Maryland and Virginia as well as District of Columbia. Call now at: [22](703)556-6626


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2.8 August

Information of Close Family Members of Citizens or Permanent Resident(2013-08-31 04:41)

Categories of Other Close Family Members of the Citizen:

Other groups of family members of [1]citizens or [2]permanent resident aliens can qualify to immigrate tothe [3]United States, but are not considered as ”preferred” as immediate relatives of citizens. As such, thesealiens are subject to a numerically-limited number of [4]immigrant visas available to them each year. Sinceonly a limited number of visas are available, Congress has divided these groups into ”preference” categories,ranking them in the order in which they are preferred for immigration. The higher the preference, the morequickly a visa will be allotted to the alien.

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The following categories are those to which Congress has given this preference:

1. Unmarried sons and daughters of citizens

2. [6]Spouses and unmarried sons and daughters of permanent resident [7]aliens

3. Married sons and daughters of citizens

4. Brothers and sisters of citizens

1. Unmarried Sons and Daughters of Citizens (Family First Preference)

The first family-sponsored preference is set aside for unmarried sons and daughters of [8]U.S. citizens,the same as the old first preference. This preference is assigned 23,400 annual visas, plus any visas not usedby the fourth family-sponsored preference. This group does not qualify as immediate relatives because thesons and daughters are 21 years of age or older. The sons and daughters must have qualified as ”[9]children”of the citizens when they were under 21. The rules for determining whether a son or daughter was a ”child,”a strictly defined term under the [10]immigration law.

• The [11]spouse and minor children of first preference immigrants can immigrate with them. The spouseand children of the principal alien are entitled to derivative classification and they are charged againstthe visa allotment for the same preference as the principal alien. A separate [12]petition is not required.

• There is a waiting list for visas to immigrate in this category, regardless of the aliens country. Firstpreference immigrants should expect to wait at least three years to complete the [13]green card process.For certain nationalities, the wait is longer.

2. Spouses and Unmarried Sons and Daughters of Permanent Residents (Family Second Pref-erence)

The second [14]family-sponsored preference is set aside for two groups: preference 2A includes spousesand minor children-the immediate family members-of permanent residents, and preference 2B includes unmar-ried adult sons and daughters of residents. The entire preference category is allotted a minimum of 114,200annual visas. Any visas unused by the first family-sponsored preference will go to the second family-sponsoredpreference. Seventy-seven percent of the annual visas goes to the 2A subpreference, and the other 2B goes tothe 2B subpreference.

The sons and daughters of residents must either presently qualify as ”children” as that term is strictlydefined in the [15]immigration law, or have qualified as children when they were under 21 years of age.

Note the following additional points:

• The spouse and [16]minor children of second preference immigrants can immigrate with them.

• Spouses of permanent residents whose marriage was created within two years prior to the grant ofpermanent residence are given residence on a conditional basis.

• There is a waiting list for visas to [17]immigrate in this category, regardless of the alien’s country.Spouses and minor children of legal permanent residents (the family 2A second preference category)should expect to wait at least five years to complete the green card process.

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• Certain spouses and minor children of permanent residents with pending permanent residence papersmay be eligible for non-immigrant benefits under legislation enacted in 2000.

3. Married Sons and Daughters of Citizens (Family Third Preference)

The third [18]family-sponsored preference is set aside for married sons and daughters of U.S. citizens.The preference is allotted 23,400 annual immigrant visas. Any unused visas from the first and secondfamily-sponsored preferences are also assigned to this category. This group does not qualify as immediaterelatives because the sons and daughters are married (and some of them are also 21 years of age or older). Aswith those qualifying as unmarried sons and daughters of citizens in the first preference, those qualifying inthis group must have qualified as ”children” at one time as that term is strictly defined in the [19]immigrationlaw.


• The spouse and minor children of third preference immigrants can immigrate with them.

• There is a waiting list for visas to immigrate in this category, regardless of the alien’s country. Thirdpreference immigrants should expect to wait at least six years to complete the green card process.

4. Brothers and Sisters of Citizens (Family Fourth Preference)

The fourth family-sponsored preference includes the brothers and sisters of [20]U.S. citizens, providedthe citizen is at least 21 years old. It is allotted 65,000 annual visas, plus any visas not used in the first threefamily-sponsored preferences. Brothers and sisters of citizens can qualify for [21]immigration if the citizen is21 years of age or older.


• The spouse and minor children of fourth preference immigrants can immigrate with them.

• There is a waiting list for [22]visas to immigrate in this category, regardless of the alien’s country.Fourth preference immigrants should expect to wait at least 12 years to complete the [23]green cardprocess.

At [24]Wani & Associates, we have [25]professional and experienced criminal attorneys, immigration attorneys,[26]family law attorneys, [27]bankruptcy attorneys and automobile accident attorneys. We can fight for yourrights in the courts of the [28]Virginia, [29]Maryland, DC, Pakistan, and India.










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2.9 October

VA Bankruptcy Lawyer�: How To Hire Bankruptcy Attorney (2013-10-08 11:05)

Things to Think about before Hiring a Bankruptcy AttorneyIf you are accruing unmanageable debt, facing a financial crisis, and are being harassed from your creditorsand collectors with no way to avoid the multitude of collection calls and letters, it is the time to consider[1]filing for bankruptcy. The process of filing for [2]bankruptcy is a demanding and complex legal processwhich requires the [3]expertise of an experienced and [4]well qualified bankruptcy attorney.

Hiring the [5]services of a professional [6]bankruptcy attorney requires considerable planning anddiligence on the part of the bankruptcy debtor (you). Furthermore, the following essential points should alsobe taken into account:

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1)Do not procrastinate on your plan to alleviate your financial crisis. If you contemplate

[7]Need Help?Click and fill out Request Information form

your plan to [8]file for bankruptcy, your property or regular income may be subject to garnishment.In such a case, your attorney will not be able to reclaim lost income seized prior to filing for bankruptcy.

2)Be forthcoming with your attorney. Asking for your [9]attorney’s advice and the strategy the at-torney has developed will inform you of the bankruptcy process and the likely outcome concerning dischargesof your debts. Ensure your attorney is well versed in his knowledge of the [10]bankruptcy process. Bankruptcyis a unique and multifaceted legal field and requires professional knowledge of bankruptcy practice. The bestplaces to research potential attorneys is through the local and state bar association, and additional legalpractice groups.

3)Make sure you are confident about the [11]legal expertise and experience of the attorney you areconsidering employing. This is an important decision and, as the debtor, you must make certain you areactively involved in the bankruptcy proceedings and certain your attorney is capable of successfully managingyour financial concerns.

4)Use the Internet, newspapers and other media forums to [12]contact a reliable attorney who canefficiently manage your situation and cater to your specific needs. Seek websites listing [13]bankruptcyattorneys and their ratings. After reviewing bankruptcy attorneys, consider visiting their law firm websitesfor further details concerning the attorney’s experience and practice locations.

5)Seek [14]reputed attorney’s who provide free consultation. This will allow you to explain your fi-nancial situation and receive free legal advice as to how the attorney will proceed with your case. An[15]experienced attorney may have other options aside from filing for bankruptcy. A [16]free consultation willnot only allow you to explain your unique and individual situation but also enable you to choose the best inbankruptcy attorney.6)Once you have selected the attorney whom you want to represent you, go for an interview with the attorney.This interview will help you to determine whether you can work well with attorney and the firm employinghim. You can probe the attorney and other legal professionals at the firm the following details:

•Number of [17]bankruptcy filings they normally undertake in a month or year,•Number of consumer or personal bankruptcy filings•If attorney himself is not handling the case, with whom would you work then

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•Meeting that person in charge of your filing•About the procedure

This interview process will help you to not only to evaluate your attorney’s competence but alsothe level of knowledge of his clerks or paralegals who may be handling aspects of your case. Carefully considerthe responses to your questions during the interview before deciding about employing an [18]attorney. Alwayschoose an attorney according to your personal requirements and obligations.

7)Consider the business relationship between you and [19]your attorney, so that no stone is left un-turned when filing of your bankruptcy petition. Also, once you have hired an attorney consult with theattorney during the [20]bankruptcy process so you will be fully informed of the status of your case.

8)Any bankruptcy attorney you hire should be highly verse in the bankruptcy procedures and pro-cesses, including petition preparation and 341 Creditor meetings. Ensure you are accurately conveyingessential[21] information about personal details and financial records.

9)Verify the fee structure and specifics of filing your [22]bankruptcy case. Your local bar associa-tion can help determine whether the fee charged is fair and in line with the defined local fee structure.Also[23] inquire as to any additional costs you may be required to pay aside from the attorney’s feed.

10) Above all, remain active and involved in your case, and do not leave everything on your attor-ney. Respond promptly to your attorney’s request for financial documents and other issues concerning yourcase. This proactive approach will allow your attorney to zealously and meticulously process your case andensure your [24]bankruptcy proceedings go smoothly.If your debts are overwhelming you, and other relief measures are not helping, an experienced and professionalbankruptcy attorney from[25] Wani & Associates can help you eliminate your debts and repair your creditrating. [26]Contact Wani & Associates, P.C. for expert debt advice and skilled legal assistance to explore[27]how filing for bankruptcy can eliminate your debts and provide you with a fresh start in your financialaffairs.

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2.10 November

How to hire USA Investor Visa Attorney? (2013-11-06 08:36)

[1]Investor Visa armors the foreign investors with Green card i.e. it provides the alien investors along withtheir partners and children under 21, the opportunity to be the lawful permanent residents of USA.

[2] Investor Visa Attorney in VA | DC| MD

The investors become permanent US residents after holding the [3]green card for five consecutive years.Obtaining[4] US investor visa is a very perilous task and it is always recommended to hire a credible [5]in-vestor visa attorney very perilous task and it is always recommended to hire a credible investor visa attorney,who is experienced and efficient to handle the case and as well acknowledged about each and every detail andstep involved in the application process. Obtaining [6]US investor visa requires, your diligence and intelligenceand experience on your lawyer’s part. So before hiring an investor visa attorney, look up for below listed

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details:

• Contacting AILA (American Immigration Law Association) can be proved highly beneficial for locatinga [7]credible investor visa attorney. It is national bar association having over 7,500 attorneys practicing[8]immigration law practice only. To approach an attorney through AILA, you may visit their website,call or email them. They will not only provide you with the [9]best attorney within your area but alsoaccording to your specific requirements.

• Visit ABA’s (American Bar Association) website. ABA is a national bar association with more than400,000 attorneys, practicing in different law fields. This website provides you general informationregarding US legal system and will also help you hire an attorney accordingly.

• USCIS(United States Citizenship and Immigration Services) website may also be very beneficial andhelpful to you in locating an [10]investor visa attorney, as this website is linked up with various externalresources and provides you the access to the same.

• Consider whether the attorney primarily and promptly practices and has mastered immigration lawi.e. he must be an expert in US Immigration and Nationality law and should be well versed in all thenuances and complexities related to it.

• Determine whether the attorney whom you want to hire can make complex terms and conditions ofinvestor visa application clear to you. In other words, filing for investor visa requires lot of paperwork and most of the terms and conditions mentioned in the papers are in legal language that are notcomprehensible to an average person. Only a [11]diligent attorney can make and relay these termsclearly to an applicant and can judge whether or not an applicant is eligible to apply for the investorvisa and if he is, then what steps should be taken to file his visa application.

• Probe, whether he can regularly update you regarding your legal progress through either throughmailing or by [12]contacting you directly.

• Every applicant has his own specific conditions and requirements to apply for investor visa i.e. everyinvestor visa case is unique and exclusive in itself. So go for the [13]attorney who can cater to yourspecific requirements and needs.

• Make sure whether the fees charged by the attorney is in compliance with your geographical locationand immigration matter. These two factors play vital role in discerning the fees of an attorney. Makeinquiries about his [14]initial consultation fees; if there is any, how much does he charge?

• Also consider whether the attorney charges flat rate or hourly rate and if he charges flat rate, whetherthe miscellaneous items like mailing, copies are included or excluded and also if it incorporates theappeal for a pre-denied petition.

• As USA immigration law is ever changing and complex, it is always wise and recommended to choosean attorney who is abreast with regular changes made in the law and always stays on top of thosechanges and counsels you accordingly.

US immigration law is intricate and changes constantly, so [15]contact [16]Wani and Associates P.C. law firmthat provides you with the top notch legal counsel, services and representations. Our compassionate andexperienced Investor law attorneys recognize and realize the complexities included within the process andthus provides you with the sound and best legal advice and representation.

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2.11 December

How to Hire a Family Law Attorney? (2013-12-16 07:00)

Family Law Attorney

[1]Family Law Attorneys are those who handle and practice in legal matters related to familial issues likemarriage, adoption, child custody, foster care, divorce and guardianship of minor children, adults with specialneeds or the elderly people. Certain [2]family law attorneys pursue in a specific niche while others offer awide range of [3]services.

Why is it beneficial to hire a Family Law attorney?

Hiring a competent [4]family law attorney can bestow you with huge benefits involving:

• It heightens your chance of being successful in case of specific family issues like; child custody, spousalsupport, domestic violence, divorce, child abuse and many more.

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• [5]Family laws are very strict and different for every state in US. Only an experienced and educatedfamily law attorney can guide you through all these complex legal procedures.

• It eliminates the chances of any complicated legal problems in the near future.

• [6]Legal services of a skilled lawyer can help you to avoid the mistakes those are likely to be made dueto incomprehensible legalese (legal language).

What are the qualities of a competent Family Law attorney?

• He must be specialized in the State family law; as the guidelines of family law differs from state tostate.

• He must have experience in [7]handling family law issues; only then he can understand what are theirclient’s urgencies and needs.

• An[8] experienced attorney is able to assess the pos and cons of each situation and thus take right stepsor make right moves to overcome the possible hurdles.

• A [9]skilled attorney should be well acknowledged about the paper work involved and as well thenegotiation process involved in the procedure.

• He should keep you well informed about the visitation schedules and time agreements as well.

• A competent attorney should be objective in giving his opinion; only then he can work for the bestinterest of his clients.

• Try to go for the [10]attorney, who has cordial staff; as most of the time you will be working withattorney’s assistants or paralegals in case of returning your calls and preparing your pleadings.

• A [11]skilled family law attorney should be board certified. As to get certified, they need to go throughextensive trials and rigorous tests which in turn also enhance their knowledge and experience as well.

• Always go for the attorney who seems reliable and dependable; as you have share highly confidentialand personal information with him.

• It always works the best if you [12]hire the attorney who is located in the county where you or theother party is going to file. As it would be very beneficial for you and your attorney as well if he isfamiliar with the judges, court staff and other attorneys involved in the case.

• Go for the attorney who provides you with the copies of all the correspondence received and sent relatedto you case.

• He should have sufficient courtroom experience, so that he can adept his legal strategies and styleaccordingly.

• He should be qualified to provide necessary counsel whenever and wherever required.

How to locate a good Family Law attorney?

• Search [13]websites offering directories of attorneys like; LawInfo, FindLaw, Lawyers.com.

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• Look for attorneys’ ads’ in local yellow pages.

• Locate for legal referrals in American Bar Association Org.

• Consult multiple lawyers before selecting the one to deal your case.

• Check online reviews about attorneys on sites like; Awo, FindLaw, Martindale Hubble, Yahoo Local.

How much will a family law attorney charge?

• For one time events like name change or pre-nuptial agreement, attorney may charge flat fee.

• Cases which require extensive hours of research and multiple court appearances are billed hourly.

• Make enquiries about what an attorney would charge for the services of his secretary or paralegals.

[14]Contact Wani and Associates, for [15]expert legal advice. Our well acknowledged attorneysare always at you beck and call to help you out of any of the adverse situation.






















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Chapter 3

2014

3.1 January

EB-5 Investor Visa (2014-01-06 06:04)

Green Card Through Investment or Investor Visa

What do we mean by Green Card?

[1]Green Card, officially known as United States [2]Permanent Resident Card (USCIS Form I-551), isverification or identification card and as well is a lawful proof of permanent resident status of an alien in theU.S. It attests the fact that its holder, a lawful permanent resident (LPR) has officially been provided withimmigration benefits including; permission to work and reside in U.S. It is mandatory for all the [3]UnitedStates’ lawful permanent residents to carry their physical green card itself all the times.

Green Card can be acquired through different means or ways:

• Green Card through family

• Green Card through a job

• [4]Green Card through investment

• [5]Green Card through Refugee or Asylee Status

• Green Card through Diversity Lottery

• Green Card through “The Registry” provisions of Immigration and Nationality Act

What is Green Card through investment or [6]Investor Visa (EB-5)?

[7]EB-5 or officially referred as [8]Immigrant Investor Program was created by Congress in 1990, to re-store and revive American economy through job creation and as well through capital investment by foreigninvestors. It also provides the investors with the freedom to choose or take any job, run any business and tolive and retire anywhere in America.

What are the [9]eligibility criteria for Investor Visa (EB-5)?

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• You must invest $1000,000 or at least $ 500,000 in United States’ commercial enterprise or in TargetedEmployment Area (TEA)

• You must have the plan to create 10 permanent full time jobs for the qualified United States’ workers(excluding the investors and their immediate families)

• You have an approved Form I- 526, Immigrant Petition by Alien Entrepreneur

• You are admissible to U.S.

• The money you invest must be lawfully obtained

• You must actively participate in the business either in managerial or policy forming role.

• You must invest in new commercial enterprise either by creating new original business, buying a businessestablished after Nov. 29, 1990 or buying a business and restructure or reorganize it.

Once the foreign investor’s petition is approved, the investor and his dependents will be provided withconditional permanent residence for two years.

What are the potential benefits of EB-5 Green Card?

[10]Green Card through Investment provides you multiple benefits including:

• You can choose to invest and live anywhere in U.S.

• Approximately after first 3 years, you are free to work for any other company or may not work at all.

• Your spouse and children under 18 automatically get Green Card as accompanying relatives.

• One investment can secure Green Card for whole of the family.

• You can take or run any business.

• Person of any nationality can apply.

• No specific language is required.

• Enjoy same privileges as U.S. citizens viz.

1. Free public School Education

2. Similar University fees

3. Access Medicare after five years

• Citizenship after five years

What are the basic requirements or supporting evidences needed for Form I-485?

You need below mentioned supporting evidences to apply for EB-5:

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• Two passport style photos

• Form G-325A, Biographic information, if you are between 14 to 79 years of age.

• Copy of photo identification issued by the government

• Birth Certificate

• Marriage Certificates

• Copy of passport pages

• Detailed documentation for the source of funds

• Form I-94, Arrival / Departure record (if applicable)

• Certified copies of Court record (if any)

• Form I-693, Report of Medical Examination and Vaccination

• Applicable Fees

• The Approval notice for Form I-526 (FormI-797)

Contact Wani and Associates P.C.

[11]Contact Wani and Associates P.C. for high quality[12] immigration lawyer services for[13]Investor Visa. EB-5 category is one of the most difficult and expensive categories in termsof gaining eligibility. Our diligent attorneys through their experience and intelligence willguide you through this complicated process and help you to establish your eligibility for EB-5visa.


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Why Choose Wani & Associates for your Bankruptcy Case (2014-01-21 11:25)

Because we will have [1]in person consultation with you. We will discuss your case with and then you makean informed decision whether [2]bankruptcy is a good option for you. And the best thing is you are notpaying us fee until you actually decide to file for the [3]bankruptcy. To make an informed decision we will dothe following:

[4] Bankruptcy Attorney: $499 TO STARTBANKRUPTCY

• We will go over your budget, to see what your actual expenses are.

• We will also go over your current monthly income and statutory allowable expenses as those terms areexplained below, to set up the means test, should you decide to [5]file for bankruptcy.

• We will go over your debts, to see how much you owe, and to whom.

• We will advise you of your rights and duties.

• We will explain the differences between secured claims, priority claims, and unsecured [6]claims withoutpriority.

• We will tell you what debts are not forgiven (discharged) in a [7]bankruptcy, if you decide to file.

• We will give you a copy of this document, which contains disclosures that are required by federal law.

• We will tell you your options.

– You could do nothing. If you do nothing, your present (presumably unpleasant) situation willpersist, then deteriorate, as creditors, one-by-one, file suit against you, and seek to grab yourassets.

– You could make one-on-one deals with your creditors. In this scenario you could be treated fairly,but remember that “fairness” is subjective term.

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– You could enter into a program where you pay the counselor or some other agency so much amonth, and the agency will parcel that out to your creditors. This is called a “debt managementplan.” Often there is a deal made by the agency to reduce your finance charges. Also, there isoften a side deal between the agency and the credit card companies that lets the agency keep aportion of what you pay.

– You could [8]file bankruptcy. If you decide to file for bankruptcy we will ask you some documents,like your tax returns, pay stubs, bank statements and unpaid bills.

– We will arrange for your [9]counseling. You are required to have two counseling classes, one beforefiling and one after filing.

– You can do your counseling by telephone.

– You can do your counseling on-line, over the internet in our office or at your home.

PRE-BANKRUPTCY COUNSELING

You must use a counseling agency that is a non-profit agency approved by the Department of Justice, andyou must do it before you are eligible to file any kind of [10]case in bankruptcy. This is sometimes called the“gatekeeper” provision in the new [11]bankruptcy law, the idea is to give you an impartial “second opinion”on what to do. We are not impartial. We are on your side. You must pay a fee for the counseling, if you canafford it. Only the very poor, those with severe medical problems or those on military duty will be excusedfrom paying for the counseling.

Here is what to anticipate from counseling.

1. The counselor will go over your budget, as we have already done.

2. The counselor will go over your debts, as we have already done.

3. The counselor will tell you there are several options, as we have already done. Among the most likelyof these are the following:

You could do nothing. If you do nothing, your present (presumably unpleasant) situation will persist, thendeteriorate, as creditors, one-by-one, file suit against you, and seek to grab your assets.

1. You could make one-on-one deals with your creditors. In this scenario you could be treated fairly, butremember that “fairness” is subjective term.

2. You could enter into a program where you pay the counselor or some other agency so much a month,and the agency will parcel that out to your creditors. This is called a “debt management plan.” Oftenthere is a deal made by the agency to reduce your finance charges. Also, there is often a side dealbetween the agency and the credit card companies that lets the agency keep a portion of what you pay.

3. You could [12]file bankruptcy. For purposes of this document, we will assume that you decide on a[13]bankruptcy.

4. Presumably, that brings you back to us.

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MEANS TESTING

There are income guidelines for the [14]filing of chapter 7 bankruptcy. If your income is more than theguidelines, you may not be eligible for filing [15]Chapter 7 bankruptcy.

Means testing is a two part calculation with several steps to each part that determines if you can be made topay something to creditors. Here is the means test in a nutshell.

• If your household income is OVER the median for your state; and

• If after an elaborate calculation using IRS standards for living expenses;

• You have $117 a month left over, then

• There is substantial pressure under the statute for you to file CHAPTER 13

The idea behind the means test is to see if you can actually afford to pay back some of the debt, even thoughyou feel overwhelmed your current situation.

Here is the means test in detail.

1. You give us your pay stubs for the last six months. If you cannot find them all, we will have toreconstruct them. You tell us what other revenue is coming into your home for the same time period.Exclude social security. We divide this by 6. The statute calls this your “Current Monthly Income.”

2. If your Current Monthly Income is less than the MEDIAN INCOME for your state, and the size ofyour family, the means test is over, and you can go ahead with a [16]chapter 7 filing, if you want, and ifyou are otherwise eligible.

If your income is ABOVE the MEDIAN, we go on to the rest of the test. Here is the rest of the means test.

1. Subtract your expanses from your Current Monthly Income. You do not use your costs. You must use“Standard Expenses” developed by the IRS to help in collecting back taxes. As you can imagine, thesestandards are not particularly consumer friendly. We subtract the following.

i. National Standards for food, clothing, housekeeping, and personal care.

ii. Regional / Local Standards for transportation.

The transportation standards were set when gasoline was about $1 less per gallon than on the effective dateof the new law. We may be able to justify an upward adjustment. If your car payments put you over theallowance, you can make an upward adjustment, if you intend to keep the car(s).

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iii. Local standards (by county) for housing and utility.

iv. You can probably justify an increase in any of these with proper proof.

v. You are also authorized to deduct certain specified items from your Current Monthly Income.

a) Private School, with a limit of $1,650 per child per year;

b) Actual elder-care expenses for a disabled or elderly family member.

• We pull your credit report and go through it with you.

• After the petition is prepared we go through it with you and make any changes/correction you maywant to.

• After you sign the petition we file it electronically. Filing of case puts and automatic stay on all yourdebts, means your creditors can’t approach you for payment of debts.

• If you have secured property you may want to keep, you should continue to make the payments unlessyou want to surrender that property.

• You have a trustee’s meeting after 30 days of filing the petition. We represent you in the trustee’smeeting.

• If everything goes fine and you have no assets, you may get your discharge 60 days after the trustee’smeeting.


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3.2 February

Essentials for Filing Bankruptcy (2014-02-08 07:01)

Which Factors should you Consider while Filing Bankruptcy?

[1] Bankruptcy Attorney

[2]Filing bankruptcy is like pressing the financial restart button as it enables the debtors to start afreshand resolves their major financial problems. But you consider [3]filing Bankruptcy only when your debtsbecome unmanageable, your expenses exceed your income and you are threatened withwage garnishment,foreclosure or repossession. Also it is very crucial to choose the right time to [4]file bankruptcy as youcan not file another bankruptcy easily.

Below mentioned are the factors that you should consider when [5]filing bankruptcy:

• Types of Bankruptcy: Before filing bankruptcy you should discuss with [6]your attorney that yourcircumstances are in accordance with which type of bankruptcy chapter and should file accordingly.There are two main types of bankruptcy. ; [7]Chapter 7 and[8] Chapter 13. Under Chapter 7, all thedebts are discharged or cancelled but Under Chapter 13, debtor has to repay the whole or parts ofdebts over three or five years.

• Varying Eligibility: Every State has its own set of rules or standards regarding your asset custody,income and expense limits to define whether you can file bankruptcy under [9]Chapter 7 or Chapter 13.Attorney’s fees and filing fees also vary from state to state.

• Possession of Assets: [10]Bankruptcy does not bereft you of all of you belongings or possessions.You can retain your personal property like; electronics, household furnishing and exempted articles.Butretaining oflargerassets like; your home or car again depends upon your state laws, type of bankruptcyand your finances.

• Cost of Filing Bankruptcy: Cost included depends upon your[11] attorney and your location aswell. But with [12]Chapter 13 bankruptcy, you can also include your bankruptcy filing costs in planand pay them over three to five years. Initial consultations are usually free.

• Credit Counseling Classes: It is mandatory to receive credit counseling classes from an approvednon-profit budget and credit counseling agency, 180 days before [13]filing a bankruptcy.

• Search out your Creditors: Go to www.annualcreditreport.com to search out a whole list of creditorsyou owe to, as you need to add all the creditors on bankruptcy filing.

Which are the debts that can not be discharged or cancelled under Bankruptcy?

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• Debts owed over $500.00 for luxury goods, purchased within 90 days of [14]filing for bankruptcy

• Any cash advances of $750.00 or more taken on credit card within 70 days of filing bankruptcy

• Any Federal, State and Local income taxes that are due since last three years

• Any Student loan that is due since last 7 years

• Child support and alimony payments ordered by court, along with other divorce related debts

• Any court ordered fines and criminal restitutions

• Any debt for death or personal injury cases caused while driving intoxicated

• Debts that are not enlisted on [15]Bankruptcy Petition

• Any debts that arose after you filed for bankruptcy

• Any ‘Reaffirm Debt’ i.e. you have an agreement with the creditor that you will repay the debt, despiteof including it on your Bankruptcy list.

What is your Do’s and Don’ts list for filing Bankruptcy?

• Ensure that you have submitted all the required paperwork and forms to your [16]attorney on or beforethe requested date

• Fill out all the required information and include all the necessary schedules and forms. If you submitincomplete documents; [17]Bankruptcy Court may dismiss or deny your case or you have to file additionalpaperwork or pay more fees for that

• Comply with all the requests and requirement made by court, if you have any queries consult yourattorney immediately

• Never make an attempt to hide or provide any inaccurate information about your assets, transactions,debts, income and expenses and financial history. Any fake or false information can subject you to 5years in-prison and/or $ 500,000.00 fine

• Never damage or hide any property within or after 1 year of filing bankruptcy to intentionally defraudyour creditor as you would be subjected to above said penalties

• Do not make false statements to court or attorney

• Do not run after the ads that boast of or commit to cut off your debts for free or at lower prices, asthese are frauds or scams and would land you in more debts than before

[18]Contact Wani and Associates, P.C.

If your debts have become unmanageable and you are considering to [19]file Bankruptcy, our expert andcompassionate Bankruptcy attorneys can assist you to overcome your financial crisis and to make strategicdecisions. [20]Contact Wani and Associates, P.C. to get immediate relief and protection and reset yourfinancial course of action.



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3.3 March

Why should you Hire an Immigration Attorney? (2014-03-29 12:32)

[1]Immigration Laws are the pathways that guide you about the terms and conditions that you should followto be the citizens of the U.S. But the [2]U.S. immigration law is very complex and it is always advisable torender the services of an eminent and professional [3]immigration attorney to go through this complicatedyet necessary process successfully. An acknowledged attorney can assist you in several ways including thefollowing:

• An [4]immigration attorney provides you guidance and counselling regarding visa applications, greencard, citizenship, naturalization, deportation issues etc.

• If required, they would also act as mediators between the clients and immigration authorities likeUSCIS.

• [5]Immigration lawyers also help you to submit application if you ever have been convicted of a crime.

• They assist to appeal for denied applications and also counsels you about re-applying and reasons ofdenial.

• An [6]immigration lawyer can help you to file the application, if you are denied of entering U.S. becauseof a medical situation or condition.

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• They can even help to accelerate your processing in case of unduly delays; as they are well aware aboutthe deadlines and waiting time involved in the process

• They help you in filing employment based visas and as well make sure that your employers are fulfillingtheir obligations

• Immigration lawyer prove highly supportive if you file visa on marriage basis and your marriageterminates before the conditions are removed from your permanent resident status. They help to provethat your marriage was not a fraud.

• Immigration lawyer also help you if your children reach the age of 21 before the permanent residentstatus is granted; as the immigration rules differ for children below and above the age of 21.

• [7]Attorneys also help you with the additional documentation and paperwork asked by USCIS, in orderto eliminate delays.

• They assist you with your citizenship tests and also help you to attain immediate access to citizenship,in case of an emergency.

• Immigration laws change often and [8]immigration lawyers keep updated with those changes and see toit that you are filing according to the new validated rules

• If required, they also represent you in front of the appropriate government agencies.

• They also suggest you alternate ways to file your application because if you are denied on one basis;can find the approval according to another criterion.

• They also assist you with changing your immigration status.

[9]Contact Wani and Associates P.C. for any of your immigration visa related needs and issues. Ouracknowledged [10]attorneys with their relentless service and efforts will help to resolve your immigrationrelated issues and save your application from rejection.














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3.4 April

DIP (Debtor–In-Possession) Financing (2014-04-25 10:45)

What is DIP (Debtor–In-Possession) Financing and how is it beneficial for distressed businesses or companies?

Debtor-In-Possession Financing or DIP Financing is offered to the companies when they file for [1]Chapter11 bankruptcy under the US [2]bankruptcy code. Moreover, it provides the distressed businesses with thecash flow or financial resources that they need to meet business expenses and as well help them to turn upquickly from the [3]bankruptcy.

What do we mean by DIP Financing or Debtor-In-Possession Financing?

DIP Financing is a special kind of funding granted to the companies under financial crisis and as wellunder [4]Chapter 11 bankruptcy process. It is also unique from other financing processes because of itssuperiority over existing debts, equity and other claims. It gives financially distressed companies a chance tomake a new start but under the restricted terms and conditions.

What are the benefits of DIP Financing to the companies facing financial crisis?

DIP Financing resolves myriad of the purposes of the debtors including:

• Allows the debtors to operate during the [5]Chapter 11 bankruptcy

• Provides protection to the pre-petition lenders as well for their outstanding debt

• Helps to keep positive cash flow and operations up and running

• Provides time to the companies to resolve their issues with their stakeholders, lenders and purchasers

• Enables the companies to take advantage of market opportunities

• Assists in meticulous liquidation of few or all the assets of a debtor

• Lessens the risk of delinquent debt

• Provides companies a platform to grow and as well offers substantial flexibility

• Re-establishes suppliers’ and customers’ confidence and faith in the company by providing uninterruptedservices to the customers and meeting the obligations of the suppliers

• Provides funds to the companies to work out a resolution with the lenders before going to the court,thus helping the debtors to appear in bankruptcy court with a pre-packaged settlement

• Crucial to difficult restructuring process as it accelerates the cash flow.

• If managed and executed properly DIP Financing can result in rejuvenilled business and reducedpercentage of debt in the balance sheet

[6]Contact Wani and Associates P.C., if your business is facing any economical or [7]financial crises. Ourexperienced and acknowledged team will lend you diligent support and advice to help you to turnaround yourdistressed business.

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3.5 May

How to get a small business loan after Bankruptcy? (2014-05-30 11:28)

[1] [2]Bankruptcy can affect your business devastatingly, but it doesnot mean that you cannot make a fresh start. But before you think of getting a loan, always think throughthe consequences i.e. you will personally be responsible to pay debts if your business fails again and as wellyou will not be eligible to [3]file a bankruptcy again. So it is always wise to access the reasons that havecaused financial downfall in the past in order to avoid them in future. Here are some tips by following whichyou can improvise your chances of getting a [4]loan after Bankruptcy:-

• Rather than contacting influential and distinguished banks, contact community banks as the authorita-tive banks through their automatic screening process will deny you immediately after considering yourcredit score.

• Try to establish contact with the banks which specialize in small business lending or you can alsonegotiate with regional non-profit investment funds through the personnel of economic developmentdepartment, as these agencies grant loans to small businesses in low-income areas.

• Before you[5] contact any of the potential lenders, make sure that you have a streamlined and well-definedbusiness plan for presenting them.

• Your chance of getting a loan increases, if you are able to show your lenders that your debts are runningminimum since [6]bankruptcy. Show them the evidence in form of statements; showing your mortage orrent payments, vehicle instalments etc.

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• In order to get your loan approved; show your lender that you have consistent income since bankruptcyand with this income you will able to repay the debt.

• Attach a brief explanation of the reason that leads to the bankruptcy with your loan proposal i.e.whether it is a [7]divorce, auto accident, chronic illness or major trauma injury. This information mayhelp the lender to determine your eligibility for the loan.

• Try to locate lenders who specialize in small business loans and seek information about their terms andconditions. Your local chamber of commerce may also suggest you the names of lenders who providesuch loans.

• Seek the help of a friend, colleague or a family member with good credit score. If they agree to co-signa loan guarantee for you; it is definitely going to enhance your chances.

• Ask for a smaller loan amount initially and gradually work your way up to a larger sum i.e. after youhave made positive and consistent earning records.

• While filing a business loan application with a bank; always present a viable business plan along with it.Because your business plan is the most crucial element for the bank to choose you as a viable candidate.

If you have [8]any queries regarding filing bankruptcy and its pros and cons; [9]Contact to Wani & AssociatesP.C. Our compassionate and acknowledged [10]attorneys through their incessant services and efforts willassist you to resolve any of your [11]bankruptcy related issues.

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