Foreign Nationals Can Work for Their Businesses in New York

If you are a foreign national living in New York, it is not impossible for you to start a business. Starting a business, in New York, does not, in most case, even require residing in New York or even having the legal ability to reside in New York. If you are looking to start a business in New York as a foreign national or resident alien, it may be advisable, however, to be aware of the immigration requirements before you get started, since you may wish to live, work and reside in New York in order to conduct your business. According to the U.S. Small Business Administration, aside from U.S. citizens or naturalized citizens, if you are an individual with the following immigration status, then you can work for your business in New York: Green Card Holders – Also known as “permanent residents,” green card holders can work, live and study

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Federal Court Dismisses Claim That Disney Violated H1-B Visa Law

A federal judge dismissed lawsuits brought by two former Walt Disney Parks and Resorts workers claiming that it conspired with outsourcing companies to violate visa laws. According to published reports, the lawsuit claimed that two American IT workers were laid off and forced to train foreign replacements with H1-B temporary visas after Disney and two contractors, Cognizant Technology Solutions and HCL America, allegedly colluded to make false statements when they applied for the temporary visas. However, a federal judge rejected this assertion, finding that none of the statements put at issue in the complaint were adequate to sustain the former workers’ cause of action. As discussed in a previous blog outlining the different temporary visas that the United States makes available to non-immigrant workers, a H1-B visa allows domestic companies to employ foreign workers in specialty occupations that require technical expertise in specialized fields such as in architecture, engineering, mathematics, other

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What NY Businesses Should Learn From the United States v. Texas Immigration Decision

The Supreme Court’s decision in United States v. Texas this past June upheld a challenge to a pair of executive orders on immigration. While the political rancor continues on the issue of immigration, especially on the grand stage of election politics, businesses should remain vigilant in the evolution of immigration law on this front. First, businesses are still obligated to use Form I-9 to verify the legal status of new employees even though the form expired.  Noncompliance may lead to monetary penalties up to $16,000 per violation. Second, businesses relying on foreign skilled workers eligible for an H1-B visa should start planning for the next fiscal year – now.  As a result of this Supreme Court decision, the cap on skilled foreign employees remains at 65,000. The USCIS has began accepting H1-B petitions for the 2017 fiscal year, with more than 236,000 petitions filed. Clearly, businesses cannot turn a blind eye

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“Certified” Translation of Documents Accompanying U.S. Immigration Visa Applications

Applicants for U.S. Immigration Visas must be accompanied by supporting documents from your nation of origin and “certified” translations of those documents are, typically, required. Applying for U.S. immigration visa can be a complex undertaking. Depending on the purpose of the visit to the United States, an applicant will have to produce a variety of documents—from a birth certificate, tax documents to education and military records. Depending on the nation of origin of the applicant, it is not uncommon for these kinds of documents to require translations. However, the United States Citizenship and Immigration Services (USCIS) outlines its requirements on its website that translations shall be “certified.” The USCIS requires all foreign language documents to be translated into English. Applicants for U.S. Immigration need to provide a plain photocopy of the original document and its “certified” translation into English, which can be translated by a professional or anyone other than you

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U.S. Green Card And The Benefits Of Permanent Residency In The U.S.

The process of obtaining a Green Card in the United States can be exhaustive and complex, but holders of it enjoy many benefits that come with permanent residency in the U.S. In the U.S., a Green Card is a permanent resident card allowing the holder to stay and work permanently within the United States. There exist several paths to obtaining a U.S. Green Card, though the process varies depending upon the path chosen: Employer Sponsorship: A U.S. employer may sponsor a U.S. Green Card application for resident aliens already employed by the sponsor, or even for a prospective employee not yet in the United States. Obtaining an employment-based U.S. Green Card can be a frustrating process that generally takes several years to obtain. For more information, use the link to access The U.S. Department of Homeland Security web page for Obtaining A U.S. Green Card Through A Job. U.S. Family Member Sponsorship: A

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Visas For A Temporary Visit To The United States: U.S. Immigration Law Basics

Generally, U.S. Immigration Law can get very complicated. Depending upon the nature and duration of a given visit, knowing the basics about the various types of Temporary Visas to the U.S. available will make the Visa application process easier to navigate. A Temporary Visa, also called a Non-Immigrant Visa, can come in many different forms. Each type of Temporary Visa to the United States has different criteria that must be fulfilled. For just about all Temporary Visas, the applicant must show a plan to return to the applicant’s home country once the Visa expires. Depending on the type, other Visas may require proof of ties to home of origin, such as proof of residence. Obviously, the legal intent of most Visa applicants is for the applicant’s time in the U.S. not to be permanent. Different types of Temporary Visas include: F-1 Visa: Also known as a “Student Visa,” the applicant for

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