Do You Feel Your Employer Terminated You Without Cause?

A wrongful termination lawyer can help you to get these reasons noticed and taken care of. A business shouldn't feel they have all the power to do what they want and treat people any way they want. If they go that route, they will find employees are fearful to speak up because they don't want to get fired. Don't let them get away with such behaviors.

May be Hard to Prove

It may be hard to prove, but the more your wrongful termination lawyer investigate, the more they can use to help with building a case. They may be able to reach out to other current and past employees of the same company. Finding a constant theme of such behavior helps to verify it in a court of law.

Most people don't realize though, even with an at will employer, there are still limits to what they can do legally. If you were considered a whistleblower and they got rid of you, this is a huge concern as there are laws to protect you against that. Your wrongful termination lawyer is going to be able to explore them with you and explain how they apply.

Look into itPart of why it is hard to prove has to do with the risk of you just being a disgruntled employee trying to retaliate. It doesn't hurt for you to look into the matter and speak with a wrongful termination lawyer. Let them know the situation and they can tell you if they feel it is worth pursuing and if they can represent you.

They can also share with you the information they need you to give, the possible outcomes, the cost of hiring them, and other information. Based on what they tell you, it is your decision to move forward with the case against your previous employer or not.

Possible Outcomes

There are several possible outcomes when you work with a wrongful termination lawyer. The company may offer a settlement to help keep this all under the radar. They don't want to go to court and they don't want the negative publicity. You may be inclined to take that money and it is your decision.

You can also decline it and continue with the court proceedings so it goes on record what they have done to you and they are held accountable. You can still qualify for a settlement this way but it can take time to get through the courts. Sometimes, it is years before the case is completed so you need to be ready for that.

Do you really want your job back? Perhaps you loved working there and that the outcome you want. Yet it may be harder than you think to go back to the same old routine there after what you have been through. You need to carefully think about that possibility too.

There is the risk your wrongful termination lawyer won't be able to prove enough to help you win the case. If you have worked there for a time, have good reviews, showed up as scheduled, and more then it is easier for them to show there was no just cause for you to lose that job.

Which Country Is Better for a Permanent Residency Visa - Australia Vs Canada

Both Australia and Canada are beautiful countries; both have high living standards and quality education to offer. Both have common elements including British heritage among other things. Both these countries are popular among the immigrants who are thinking to migrate. People often approach us looking for Visa Immigration Services but most of them are always confused between Australia and Canada. So, here are some comparisons made out.

Australia the smallest continent in the world but is the largest island with warm weather, typical climates are temperate, subtropical or Mediterranean. Canada has mostly the continental type of climate it's very cold here, during winters. The northern part of Canada mostly covered with snow for around 6 months. When comes to unemployment, Canada has the higher unemployment rate which is 7.1% whereas Australia has an unemployment rate of 6.0% also immigration to Canada is easier and less stringent. The cost of living including housing, rent, groceries are a little high in Australia than in Canada. Healthcare system is slightly better in Australia. People of Canada are friendlier towards the immigrants than in Australia. It would be bad and judgemental if it's said Australia is a racist country which is not anymore, even though few cases of racism are found but then those don't make the headlines. Canada is ethnically diverse and multicultural nation which is a product of large scale immigration from many parts of the world.

For permanent residency, both countries follow a point based system, the processing is around 3-4 months in Australia where as in Canada it's around 5-6 months.

Permanent Residency in Canada

To become a permanent resident, a foreign national must make an application to IRCC (Immigration, Refugees and Citizens of Canada). There are various ways in which one can the fastest being The Express entry system. The express entry is considered the fastest in Canada it has 2 stages first, apply for PR invitation and get selected from a pool of candidates based on total point score (based on age, language, work experience, studies etc.). Secondly, on receiving an invitation, the visa application form has to be to the immigration office. Then it is processed by the IRCC within 6 months from the receipt of application. The PR in Canada sub categorised as federal PR and PNP (Provincial nominee program), the former is applicable all over the country. PR expires after every 5 years and has to be renewed after 5 years. The benefits being a permanent resident holds same rights as Canadian citizens, they also may obtain other social as well as Canadian pension plan benefits.

Permanent Residency in Australia

The processing time is around 3-4 months for key permanent residency visas. There are the skilled independent visas and the skilled nominated visas. To apply for PR one needs to follow the point based immigration system firstly there has to be an online submission of an application that is EOI (Expression of interest) in Skill select online system which is an online form which asks a series of questions about your skills depending upon the visa subclass you select. The score is calculated based on education, skills, experience etc. And if you are selected you will get the ITA for the visa.

Also, there's another factor that affects your visa which is the rules and regulations, considering the immigration rules and policies of both the countries Canada has easier and flexible immigration rules.

Studying Abroad - Top Reasons and Benefits That Can Change One's Life

An abroad country is referred to as by many as one of the best place one can look to migrate to, to live in, travel or study. It is a very strong and viable choice for anyone looking to travel to for any purpose because of its hospitality, the services and the lifestyle. However, one main reason that will attract young adults and students is its educational facilities. In abroad you got an excellent range of universities, schools which offers varied streams and courses to suit the masses. Many people every year migrate to and stay in overseas countries for the sole purpose of education, learning skills from their preferred courses. They end up availing the services of good study visa consultants before they do so.

Studying in any country abroad in today's age isn't like what it used to be decades ago. Students now have multiple avenues that can help them reach abroad, get enrolled in a suitable course and much more. They also have the most reason to study abroad because of the system of education they have in own country. The education system is highly competitive, and each year it gets worse with higher cutoffs and with quotas or reservations for seats. A promising student might thus, miss out on proper education solely on either of these two factors.

When looking to study in overseas universities, one wouldn't have to face such factors. Merit is given more importance than simply the marks they got in their previous education. As a result, studying in a developed country is simply a country where any student can get a chance at top notch, quality education without any compromise or restrictions. There are a lot more reasons which compel all the students travelling abroad to study.

Top Reasons why visiting Abroad to Study is a Great Decision for Prospective Students:

a) Finance and Expenditure:

Many people used to be on the bench about travelling to other countries to study because they thought how expensive the whole ordeal would cost them. They would think that their parents would be unable to afford their course fees and their stay. All these fears are now debunked with the loans and schemes available to all students.

Students can take loans at attractive EMIs, which will pay for their fees and other financial aspects of their visit to abroad. Apart from this, Students can also apply for scholarship programs which can help them cover the costs of fees and reduce their expenditure.

b) Well-recognized Education Degrees:

A student might naturally choose to pursue their career after completing their course in an abroad university itself, in some other country, or return back. All this is completely fine since degrees from good universities and colleges are recognized in all countriesc) Enjoy different Cultures and Societies:

Any student who travels to any other country, will certainly enjoy the culture and societal make-up. A student will find it easier to assimilate because of cultural references.

To avoid any types of risks to the student's security, their abroad education consultants will help them get by peacefully. They will make sure that they get placed in only the most secure place they can find, where they will be assimilate and stay peacefully.

d) Professional Help from Valuable Sources:

Students looking to travel abroad to study should know that they won't be alone in their efforts, nor will their parents. This is because all students looking to study abroad will receive support from education consultants.

These study visa consultants will include of trained and certified professionals who will help the students realize their potential. They will also see to it that the students settle in correctly, acting like a guardian in place of their parents, instructing them and reporting on them to their parents.

There a lot more reasons why studying in abroad countries yields more benefits than staying in one's own country for studying. All students looking to visit a new country, as a result, will not only enjoy these benefits of studying there, but also get to explore a new country, learn the culture, and make new friends, relations and much more.

7 Common Immigration Mistakes To Be Avoided

While applying for immigration benefits, there are some common mistakes people make, but can be avoided. These mistakes can sometimes cause serious trouble at the end of the road, like not being able to reunite with their family, loss of both the application filing fee and the immigration fee, being deported and inability to re-enter the US. So, caution must be taken to avoid these simple mistakes listed below.

1. Providing Incorrect information:

When applying for immigration benefits, it is necessary to provide all the right information. This is right from the point where the immigration forms are filed. Fraudulent information or misrepresenting any facts for obtaining the immigration benefits must be avoided.

2. Late Responses to USCIS queries:

If the US Citizenship and Immigration Services needs any additional information for processing any immigration application, it sends a Request for Evidence (RFE) to the applicant. This request has to be replied with sufficient documentation within the stipulated deadline. Ignoring or missing the deadline for the RFE can lead to denial of the application.

3. Immigration Interviews and Court Hearings:

Attending the interviews set up by the USCIS and the court hearings is very important in the process of granting an immigration. Ignoring these interviews and court hearings can also lead to the application being rejected.

4. Filing application without the fee:

USCIS forms usually have a processing fee. Fee waiver is also available for most forms. Those who cannot afford to pay the fees, can send the application along with a request for fee waiver. USCIS does not process any application which does not have the fee or the proper fee waiver request.

5. Send the application to the wrong office:

The instruction form along with the application should be read carefully. The address to which the application form should be sent to is given clearly in the instruction form. The application must be sent to the correct address to avoid delay where the application is either returned to the sender or sometimes forwarded to the right address.

6. Not everyone who applies is successful:

Some of the applicants, even though they do not meet the criteria for immigration benefits, simply apply because their friends or relatives have applied and have obtained the benefits. Every applicant is evaluated and not everyone who applies is eligible for the benefit. Reading the instruction forms thoroughly clarifies the eligibility criteria and provides newer options available.

7. Eligibility:

Applying for an immigration benefit for which they are not eligible is a very common mistake. Reading the Instruction Form before applying and checking for an individual's eligibility can be done before applying.

Will The End Of DACA Burst Our Academic Bubble?

Maybe it is okay that the academic bubble is about to burst. After all, our colleges and Universities seem to have lost their way, teaching gender studies, minority (majority) studies, leftist viewpoints and the never ending politically correct mission creep of sustainability, equality, and socialism. Is the removal of DACA - Deferred Action for Childhood Arrivals going to be the straw that breaks the camel's back in academia? It very well might be. Let's talk.

There was an interesting piece on NPR worth listening to titled: "California State University Chancellor Raises Concerns About End Of DACA," part of the 'All Things Considered' venue (4 minutes, 14 seconds long). The piece was on the air on September 6, 2017. During the interview the California State University system Chancellor Timothy White, he stated:"Well, it would make it so several thousand of our students and several hundred of our employees would lose the status that DACA has provided. And for some, that would mean they would drop out of school out of fear. For others, it would mean that they would not be able to get a job or have the sort of ability to function in society once they earn their college degree. So we're actually deeply disappointed in the president's action and are working strongly with, now, our congressional members to create legislation to reverse this."Personally, I bet it is much higher than that, I bet it's at least 5,000 students at 500 University employees. First, why is the University hiring Illegal Aliens ahead of US Citizens? Second, are these 5,000 students borrowing monies (student loans) for their over-priced tuition? You know, college is FREE in Mexico, but I guess if they don't pay back the student loans its FREE here too, for them only as all the citizen college students can't get out of their student loans ever, or those on Student VIS

As have to pay in exorbitant college tuition fees in advance often 3-times the normal rates. Next is this issue with Cal Grant program - who do you think pays for that?

Meanwhile, most of the University professor pension funds around the country are in trouble (underfunded) and their pay keeps increasing, and the Universities continue to hire more administrators to their already bureaucratic and top-heavy brain-washing institutions.

Now you might ask, why on Earth does this author (me) care? Well, I am a taxpayer. And, I understand the issues of social safety nets, but our taxes are paid by US citizens for our benefits, not to redistribute to folks who are in our country illegally. Yes, I understand the debate; "it's not their fault, their parents brought them here at a young age, and this is the only country they know." Understood, but that is not my fault, nor should it be my problem just because I am a white male.

It seems now we are in a Catch-22. You see, if we send all the DACA students back, they will not pay their student loans, and will finish their education in Mexico, where it is free, which might be enough to trigger a bubble burst in the student loan market causing severely decreased enrollment as no one will be able to get a student loan in the future; citizen or not. Fewer students means tuition revenues will decrease, layoffs of staff and professors will cause poor education, larger classrooms, and bankruptcy to many University systems nationwide. And, mind you, the academic bubble will eventually burst as it is "unsustainable" anyway, but this may accelerate the time to drive off that cliff.

It's too bad academia got hijacked by leftist political forces, now it's time that the pendulum swings back to some sense of normalcy. Maybe it's going to take a big hit to the system to force a little common sense back into the University system, maybe this DACA reversal might be that event that pivots to a more reality based place of higher learning?

Importance of Immigration Lawyers

Immigration lawyers generally help their clients in issues relating to visas, citizenship and other immigration benefits. Not all instances require the services of an immigration lawyer; however, immigration law in many countries is quite complicated and hiring an attorney will save you money, time and the hustle of moving around immigration offices.

Why should you hire an immigration lawyer?

• An experienced and competent immigration attorney understands the law thoroughly and will be up to date with recent changes to the law. Moreover, the attorney will know the right procedures, administrative forms and all requirements to appropriately handle your case.

• You can rest assured that your interests and rights will be well represented and defended. He/she will ensure that you are adequately protected from any form of abuse and exploitation and bar you from making critical mistakes. You'll also receive regular updates on the proceedings of your case.

• Immigration lawyers have to adhere to the set professional standards and will therefore commit themselves fully to offering quality, accurate and professional services. Their accreditation helps them maneuver the complicated immigration bureaucracies.How to find an excellent immigration lawyer

A good immigration advocate can impact positively on your case and this is how to get your hands on one:

• Ensure the potential lawyer is trained and licensed to handle cases similar to yours.

• Do some research on the lawyer you're about to hire and check the reviews he/she has received from clients. Now that will help you make a wise decision.

• The lawyer you intend to hire should give ethical advice while also restraining from illegal practices such as bribing.

When should you call an immigration lawyer?

You will definitely need to seek the services of an immigration lawyer if you encounter the following:

• If you have been deported from the country you were living in and you wish to return.

• If you have committed a criminal offense or have been convicted of a criminal offense and you want to avoid a removal from the foreign country.

• If you are planning to move to another country for work and your employer is not in any way assisting with the immigration process.

• If you are requesting for any form of exceptional benefits that the state would not ordinarily offer to an applicant in your position.

• If you had immigration application denied or refused.

The list could go on and on but the bottom line is that you shouldn't hesitate to call an immigration lawyer when faced with any immigration issue.

What to expect from your immigration lawyer

If you have hired a good lawyer, here is what to expect:

• He/she should be respectful, ethical and professional.

• He/she is knowledgeable on the complexities of immigration laws and also experienced to handle your case.

• Charges reasonable fees after providing the estimates in advance.

• He/she works diligently throughout and ensures that your case goes to a successful completion.

• Helps you in making the right decisions, keeps all information confidential and also keeps you posted on the details of your case.

Canada & Australia Immigration - Tips to Get Your PR Visa Faster

It is very obvious that when you want to settle in vibrant countries like Canada or Australia, you are keen to have your visa processed at a faster pace. In case of the temporary visas, you can do nothing but depend upon the employer to complete his job related formalities. But, when it comes to processing of permanent residency visas, the ball is always in your court. Permanent resident visas of these countries are issued considering the points applicant can score under respective immigration system. These points are often affected by time, age, work experience, education, spouse skills etc., and these factors eventually effect the success of the visa application. To ensure that your process is smooth and at a faster pace, here are three most important tips to be followed.

Tip No. 1: Apply at the right time-It may seem astonishing to read but time is certainly a crucial factor in PR visa application. Under the time factor, application can be affected in the following manners:   

Age: At the time of your application, if you are young you are more successful. This is because these countries have a high demand for professionals who are young (preferably 18yrs-25 yrs). Hence, to settle in Canada or Australia by getting yourself a higher preference and also great career prospects, apply when you are in your most demanded age range.   

Peak Months: According to research, the best time to apply for Australia immigration is in the months of February and July. These two months are considered peak time for submitting Australia immigration. It is said that often applications during these peak months are associated with higher success results.   

Intake Periods: Several provinces or States migration programs of each country have specific intake periods of PNP/State nomination applications. Keeping the nomination applications ready before these intake periods often results in quicker intake, improving chances for a quick visa.

Tip No. 2: Boost your CRS Score-You may be aware of the fact that Canada & Australia have an immigration system that operates through a points based structure. Candidate's eligibility as well as success for an international permanent residency status majorly depends on how well he can score under the points based system. If you believe that your score is hindering the success of your application, here are some ways by which you can improve your points.   

Improve qualification: To improve your score, the best and easiest thing you can do is improve your qualification. If you a graduate, a higher degree will eventually increase your score and preferences for selection. Likewise, any certification or diploma that boosts your nominated occupations will also be a good step towards a score improvement.   

Enhance work experience: Highest work experience candidates get good points under Canada and Australia's points based system. If you have a chance to improve your work experience before your application or while your application is in process, go ahead, work hard and update. This may eventually increase your score and chances for a quicker visa.    Re-attempt IELTS: To become an international permanent resident, applicants must prove their proficiency level in the English language. For this IELTS is mandatory. As an applicant, if your IELTS score is what is delaying the process or getting you less score, re-attempt your IELTS. The best suggestion for improved results is to go for an expert help in preparation for IELTS.   

Include Partner Skills: If your spouse or common law partner is accompanying your immigration, it is best to include his/her skills in the application, provided that she/he is eligible. This is because PR visa applicants are allotted with additional points for partner skills and this eventually increases points.   

Try State/Province Nomination: If you meet the eligibility requirements of a respective State or Province, applying for a State Nomination increase will increase your points and also boost your chance for quick visa success.

Tip No. 3: Get Expert Assistance-Despite all your efforts, if you are still unable to fetch those great points to buck-up your process, then you may missing something that only an expert eye can catch. Get in touch with your city's best immigration experts and get counseled about the aspects that will help you in your application. Since immigration experts are up-to date and have hands on experience in processing thousands of visa cases, they will help you analyze the loopholes of your case (if any) and show you ways towards a quicker success.

The E1 Visa Advantage

Options for foreign nationals wishing to open a business in the United States are often limited by the need to invest a significant amount of capital to meet stringent immigration requirements. The EB5 category, for example, requires a minimum investment of $500,000 USD in a new business; the L1 category, while not specifying any particular investment, effectively requires companies to part with significant capital to set up a US entity and secure the office premises required by the relevant regulations. And while the rules that govern the E2 Treaty Investor category do not set a specific qualifying dollar amount, they do require the applicant to make a significant investment - a confusing term of art the rules leave ambiguous.

So are there any other options for establishing a business presence in the United States?

The short answer is yes. This option is known as the Treaty Trader ("E1") Visa, which is secured via the consular registration of a qualifying trading firm.

The E1 category authorizes employees of a qualifying firm to enter the country to build on an already-established stream of trade between the United States and the treaty country. To qualify for this category, the firm seeking registration must establish the following:

a. the majority of its owners possess the nationality of a treaty country;

b. the firm has established a substantial and consistent stream of trade with the United States; and

c. at least 50% of the firm's non-domestic trade is between the United States and the treaty country.

In short, registration under this category is limited to firms that are owned by "treaty nationals" and that have a significant, pre-existing trading relationship with customers or clients in the United States.

The regulations broadly interpret the term "trade" as comprising goods, services, exchange of funds/banking activities, and anything else that can be reasonably seen as an exchangeable commodity.

The 50%+ "level of trade" requirement is almost universally misunderstood to mean that 50% of a firm's overall trade must be with the United States. In fact, a firm's domestic trade is not relevant. A successful E1 registration application exclusively focuses on non-domestic trade statistics, as illustrated by the following example:

Gerard is a French national who wholly owns a successful wine distribution company outside of Paris. Sixty per-cent (60%) of nirs overall sales are within France, ten per-cent (10%) are with the rest of the European Union, twenty-five per-cent (25% ) are with the United States, and the remaining five per-cent (5%) are with other countries. By suppressing the non-relevant domestic sales statistics and focusing analysis on Gerard's foreign trade (i.e. trade with countries outside of France), it becomes clear that sales to the United States account for over seventy per-cent (70%) of Gerard's trading activity. Hence, Gerard should be able to prove nirs company meets the E1 "level of trade" requirement.

The "substantial trade" requirement is also subject to misunderstanding, given that the rules are not clear as to what qualifies as substantial. For example, USCIS describes substantial trade as follows:"... the continuous flow of sizable international trade items, involving numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transactions is an important factor in considering substantiality, greater weight is given to more numerous exchanges of greater value... "This vague explanation leaves most laypersons and many practitioners at a loss as to whether a particular trade scenario is substantial or otherwise. Also unhelpful is the fact that each consular post brings its own nuanced interpretation of the rules to the table.

A good rule of thumb to follow when considering whether a particular trade scenario is substantial is to determine whether the firm seeking registration has been consistently and systematically carrying on the qualifying trade for a minimum period of 12 months, regardless of the value of said trading activities. Using this approach, one may satisfy the substantiality requirement either by quantifying multiple small exchanges (e.g., ten widgets per week), fewer large exchanges (e.g., one shipment of a hundred widgets per month), or a mix of both.

Seeking the advice of a skilled immigration attorney with significant experience prosecuting E1 registrations before the relevant consular unit in one's country is sensible when determining whether one's firm can satisfy the substantial trade requirement. Consider the following example:

Eduardo owns OJOFINO, a successful eyewear company based in Chile, a treaty country. OJOFINO's US exports currently make up 50% of the company's overall sales. Spread over the past 12 months, OJOFINO has concluded 2,500 transactions with US clients, with an average invoice value of $100 USD, meaning that OJOFINO's total US sales account for $250,000 USD in annual revenue. As such, OJOFINO's trade with the US would be considered substantial given the 2,500 separate transactions spread out over 12 months. Further, although each sale was worth only $100 USD, the total amount of combined sales was $250,000 USD.

What makes the E1 visa so attractive?

Assuming one qualifies under the treaty, the E1 category is usually the most cost-effective way to gain a foothold in the United States, for the following reasons:

a. The registration application is adjudicated at the consular level, bypassing USCIS and it's high filing fees and lengthy processing arc;

b. The regulations do not require a stateside parent, subsidiary, affiliate, or branch;

c. The regulations do not require a physical office or even a mailing address in the United States;

d. The regulations do not require the trading entity to invest in the United States; ande. Consular E-Visa Units approve applications for E1 registration and associated visas on the merits of past trade between the treaty country and the United States, rather than on speculative trade.

Given that each embassy or consular post has its own local checklist of evidence required for a successful application, we note occasional deviations from the above generalities. Hence, before proceeding with an application, it is wise to consult with an experienced law firm to confirm the requirements specific to the relevant consular post.

If approved, eligible nationals can expect to receive a multiple-entry E1 visa valid for up to five years. This visa can be renewed indefinitely in 5-year increments, provided the trade between the treaty country and the United States continues at least at the same level.

s Going To Change In Australia Immigration This July?

Australia's immigration system is one among the most flexible systems worldwide. Each year, the country government in association with the immigration authorities throws a light on the areas that need improvement and eradicates the loopholes. Besides, it revises the occupation list by removing certain occupations and adding the ones that are a major requirement in Australia. This process generally takes place in the months of June- July. This year, it's going to be a little different. Effective from July 1, Australian immigration is going to experience a series of changes, in various areas.

Number 1: Maximum age for Skilled Independent Subclass 189 to be reduced from 49 to 44As of the present norms, a candidate applying for an Australia PR visa under the General Skilled Migrant Scheme must not be over 49 yrs. From July 1st 207 onwards, the age limit would be reduced to 44 for professionals who are keen to settle in Australia. This means that skilled professionals who are above 44 yrs will no longer be able to apply for Australia immigration through the following programs:   

Skilled Nominated Visa subclass 190   

Skilled Regional Provisional subclass 489   

New Citizen Stream of subclass 189

The Department of Immigration figures reflect that only 1% of applicants of Subclass 189 visa fall in the age range of 45 to 49 years. While the overall impact may be small in numbers, there would be a significant effect as the age limit for permanent employer sponsored will also be reduced to 44 yrs. Hence, it is advised that professionals who are currently eligible must apply for their immigration before July to avoid ineligibility.

Number 2: Easy pathway for NZ permanent residency to be introduced

Coming straight from the columns for Acacia Immigration Australia, the good news is that skilled professionals who have live & worked in Australia for a minimum time period of 5 yrs can now become permanent residents of New Zealand, effective from July 1 2017. Australia is introducing this easy pathway as a stream within the Skilled Independent Visa program (subclass 189). The New Zealand Citizen stream has significantly lesser demands to qualify:   

No Skills assessment is required   

No Points test will be required   

No English language assessment will be required   

No Skill

Select Invitation will be required   

No limits on age   

Special consideration on health requirement    

Less Initial application feeAs per the estimates of the Australian Government, over 60-70,000 New Zealanders may be eligible for this stream. Moreover, this stream would be a great benefit for skilled professionals having 5 yrs of living and work experience and a desire to shift to New Zealand.

Number 3: Revision of Skilled Occupation List & Release of Occupational Ceilings

The recently replaced Skilled Occupation List for General Skilled Migration Scheme is expected to be revised from July 1, 2017. This is because there a number of occupations, especially in the Engineering sector of Australia that are listed on the MTSSLL but not listed on STSOL. Plus, there is a specific list of flagged occupations maintained separately by the Department of Education, and these may also be considered for removal.

The Occupational ceilings play a vital role in the operations of the General Skilled Migration programs. They give a hint on the number of EOI invitations that can be issued to applicants of each program, namely- Skilled Independent Subclass 189 & the Skilled Regional Provisional (Family Sponsored) Subclass 489. Each year, Australia announces releases its Occupation ceilings in the month of July, with fresh quota for each occupation category.

Number 4: State Migration Plans shall reopen

Currently, there many of the Australian States that have either restricted their state nomination programs or have closed them. Some of the significant examples are the Western Australia, Queensland, ACT and many more. Also, there are several states that have reached their quotas for prominent and high in demand occupations. Many of such states will reopen again in July with fresh quota of occupation. Through previous statistics, we can analyze that most the of State nomination programs open and fill quickly. For skilled professionals who are keen to settle in Australia through a State nomination must keep their applications ready. This will not only increase their chances for a quick State nomination but also will help them with a fast Australia immigration process.

To avoid any further delay and a effective smooth Australia visa process, we have hired the best Australia immigration consultants of India. Plus, for a budget-friendly visa process, we are offering visa services at big discount during this week.

The So-Called "Golden Visa": The Role of the E-B 5 Visa in the US and Its Proposed Reform

The Eligibility Requirements for the EB-5 Immigrant Investor VisaThe EB-5 Immigrant Investor Visa is a powerful tool, used by the U.S Government to facilitate the regeneration of low income areas of the U.S and boost economic growth.

The visa allows foreign nationals to obtain permanent resident status in the U.S, on the basis of investment in the U.S economy.

In order to qualify, an applicant is generally required to invest at least $1 million in the U.S. If the investment is made in an area that has been designated a Targeted Employment Area by the U.S Government, a minimum investment of $500,000 is required. Targeted Employment Areas are generally low-income areas or rural areas, where investment is needed to boost the economy. Only 10,000 EB-5 Immigrant Investor Visas are available globally every year.

The History of the EB-5 Immigrant Investor Visa

The EB-5 Visa, introduced by the Immigration Act of 1990, initially attracted little interest among prospective U.S investors. Indeed, in 2003 only 65 EB-5 Visas were issued to foreign investors.

However, the global economic crisis of 2008 led to a sharp rise in popularity of the EB-5 Visa. According to statistics released by the U.S Commerce Department, between fiscal years 2012 and 2013, more than $5.8 billion was invested in the U.S as a direct result of the EB-5 Visa program. The funds supported 562 projects in the U.S, including the building and maintenance of highways, hotels and casinos. The investments are estimated to have created in excess of 174,000 jobs for U.S workers.U.S. Citizenship and Immigration Services (USCIS) estimate that, on average, over three-quarters of EB-5 Visa applicants are of Chinese nationality. The quality of the U.S education system, the relative lack of pollution in the U.S and the financial advantages of transferring Chinese-owned assets overseas are cited as the main reasons for the success of the program among prospective Chinese investors.

Criticism of the EB-5 Immigrant Investor Visa Program

In recent years, the program has come under fire from both sides of the political spectrum. Critics have contended that the EB-5 Visa program effectively allows foreign nationals to purchase permanent resident status in the U.S by simply writing out a check. Similarly, the program has been plagued by allegations it is a vehicle for investment fraud, money laundering and terrorist travel.

In recent months, a number of high-profile investigations into EB-5 investment fraud have been reported in the U.S media. Earlier this year, it was reported that Federal Agents in California were investigating an alleged fraudulent investment project, which promised to refund the investments once the visa had been granted. Equally, there have been multiple cases of EB-5 investors making investments in good faith, only for their funds to be misappropriated by rogue individuals for personal enrichment. In 2016, a review by the Fraud Detection Office at USCIS of a random sample of pending visa applications led to the discovery of numerous fraudulent documents. Such publicity has done little to quell the growing discontent for the EB-5 Visa.

Possible Reform of the EB-5 Immigrant Investor VisaAt the time of writing, reform of the EB-5 Immigrant Investor Visa program appears to be both imminent and inevitable.

On January 13, 2017 the Department of Homeland Security (DHS) published a proposed rule, which would increase the general minimum investment sum required for an EB-5 Visa from $1 million to $1.8 million. For Targeted Employment Areas, the DHS proposed increasing the minimum investment required from $500,000 to $1.35 million. The public consultation on the proposed new rule ended on April 11, 2017. It is anticipated that the DHS will make an announcement regarding the proposed new rule over the forthcoming months.

Similarly on January 24, 2017 Senators Dianne Feinstein (D-California) and Charles E. Grassley (R-Iowa), introduced a Bill in the Senate entitled "A Bill to terminate the EB-5 Visa Program and to reallocate the employment creation visas to the other employment-based visa classifications". As its name suggests, the purpose of the Bill is to eliminate the EB-5 Visa program altogether. At the time of writing, there have been no recent developments regarding the progress of the Bill.

The 2017 budget has extended the EB-5 Visa program to September 30, 2017. In view of the increasing political unrest and heightened debate surrounding the future of the EB-5 Visa in recent months, it is widely anticipated that the EB-5 Visa will be reformed after this date. We endeavor to provide regular updates in this respect.

Citizenship Questions and Answers

Is a lawyer needed to apply for U.S. Citizenship?

Answer: No. A lawyer is not needed to apply for U.S.Citizenship. The applicant can file directly online or by filling out the form at the nearest immigration center by filling the Form N-400, Application for naturalization. However, if the applicant prefers to seek professional help from the lawyers or the Executive officer at the immigration review, (EOIR) accredited representative. The USCIS website has information and useful tips on filing immigration forms.

The following are the steps required to follow in order to seek legal assistance:

Find for legal assistance. Find for help in your local community. Many people would come forward with help regarding immigration services, but not all of them have been authorized by the USCIS to do so. Please do keep in mind that, only attorneys or an Executive officer for Immigration Review (EOIR) accredited representative will be able to provide legal assistance regarding filing of forms and the documents which would be required to be attached with the application form, explain immigration options which differ from applicant to applicant, and also be a bridge of communication between the applicant and USCIS about the case.

For more information about the process, please review the USCIS's guide on unauthorized practice for Immigration law.

The following are the steps required to follow while filing Form N-400 without legal assistance:

The applicant needs to research about the naturalization process and get the study materials related to the Naturalization test at the Citizenship Resource Center. The following files are available online which can be used to gain knowledge about how to apply for naturalization:

1) Guide to Naturalization.

2) Download Form N-400, Application for naturalization and related instructions.

3) Call up the USCIS form request line at 1-800- 870-3676 to order the forms and its instructions.

2) Are the questions for Naturalization published?

Answer: The USCIS always publishes a complete list of 100 civic questions and answers, out of which ten questions will be asked by the USCIS Officer during the test for Naturalization interview. All the questions and answer available in various languages such as English, Arabic, Chinese, Korean, Spanish, Tagalog and Vietnamese.

The USCIS also provides free training and educational resources to help the applicant to prepare for the test. There are study materials and video materials available at the Citizenship Resource center which can be used by the applicant in getting ready for the interview. In addition to this the website also consist of mock test and interactive material which would help the applicant a great deal.

The website also consists of information about various other cost effective training classes all over the United States.

3) How often are the questions revised by the USCIS for the Naturalization test?

Answer: No. The questions do not change but the answer may change due to changes in personal through election or appointment. They only update the answer rather than changing the questions.

4) How many questions will I be asked during the Naturalization Interview?

Answer: The applicant will be asked a total of ten questions, out of which a minimum of six questions must be answered correctly to pass the interview.

5) My green card allows me to travel and stay in the United States and my home country, does that mean I can live in both places until my citizenship until I am ready to apply for naturalization?

Answer: In order to be qualified to apply for Naturalization, the applicant must have stayed in the United States exclusively for a minimum period of 5 years or more, only then will he/she will be eligible to file a Form N-400, Application for Naturalization.

The applicant can travel to any country or his/her home country (provided there are no legal issues which denies the applicant to leave the country) for a maximum period of 180 days, exceeding which the USCIS will not consider the application under the assumption that the applicant has not resided continuously in the United States.

Apart from this, the applicant's travel history will be considered only for abroad travels, under which the applicant must have stayed in the United States for at least half of his/her time, which is called as the "The Physical presence" requirement.

Both the requirements, namely, "Continuous residence" and "physical presence" are interrelated and must be met without exception if he/she is eligible for Naturalization.

6) Will my application be approved once I pass the civics portion, reading and writing parts of the naturalization test?

Answer: No. In addition to the reading, writing and the civics portion, the applicant will be given an oral test and will be asked to pass a speaking test as well. This happens during the Eligibility review of the applicant.

During the interview with the USCIS officer, your responses on the Form N-400, Application for Naturalization will be reviewed by him/her. The USCIS will ask a few questions in order to cross check and verify with the contents of the document provided and the Form N-400, Application for Naturalization.

The applicant will have to demonstrate the ability to speak, and understand English in order to pass this test.Only very few exemptions will be made for those who are too old or who have stayed in the United States for a considerable amount of time and they also have the option to take the test in their natural language as well.

Immigration - One World?

America has it all; a president with, love him or hate him, global attention, and many of the most notable and breathtaking sights of the world. It is now a diverse combination of cultures, smells and flavours and this changes its identity in many ways. America is no longer the country it was and never will be again, whatever restrictions Trump puts on immigration. The people have become America and America is a product of its people. And on a recent trip to New York I had the pleasure of enjoying the perks; the best American Italian pasta marinara I've ever had and how open minded people are when they are forced to integrate and communicate with people with varying traditions, likes and dislikes. One thing the people of America do seem to commonly agree on is their love for their country, and they're willing to do anything to protect it. They see America as a wise parent who has taken them under their wing and given them the fuel and love they have needed to thrive and succeed. This sense of acceptance for diversity has been many years in the making and many have perished and died in the process.

Now look at Sweden, which is a far more recent apparent immigration crisis. Millions of people in need of refuge have come to the country looking for a better life for them and their families. They have been well looked after by the government, and most will say that swedes have welcomed them and helped them integrate into society. However, there is a dark side. Some swedes resent the changes that have occurred as result of the arrival of these people that look and act so differently to them. They see unemployment rise, crime rates soar, the economy suffer, and they fail to see the benefit these new arrivals offer to the country. These people seem to take more than they give and their beautiful cities are now covered in litter a graffiti. Can you blame them for being a little resentful? I myself have seen the country change dramatically in my lifetime, and at the age of 36, I have found it hard to get my head round the deterioration of the country. Having been brought up in London but visiting Sweden regularly it surprised me how multiculturalism seemed perfectly normal in London with nearly all my friends being from some exotics country, yet so abnormal in Sweden.

However I realise now that the situation in Sweden is not final, and merely part of a process that the world is going through. The nations of the world have a choice: they can close their doors or leave them open. The knee jerk reaction when faced with change or uncomfortable situations is to shut all the doors and reminise about the past. It's easier than taking wobbly steps forward into an unknown future. We know how to control that works as we've done it for years and our forefathers before us. Our identifies are concreted and we get comfort from a community of like-minded people when we keep strange people out. However we are also obstacles to change, and change can be good. The richness of the experience we have the opportunity to experience in our lifetimes is dramatically increased. We have the opportunity to reach wider, achieve things we didn't know we could, meet people and learn from people in a way that enriches our lives and those around us. We become less restrained by conformity and society's expectations and ideals. We become more able to make decisions effectively based on a more balanced perspective of the world, a more objective view.

This is why I travel; to widen my understanding of what the world is and how people interact and behave when faced with survival and general daily living. I yearn variety and look to other cultures to explain my own and why I do what I do. I need to know why I'm working, why I'm washing, why is gardening, why it's okay to be thin and not fat, what I do when my baby cries, why I have to lose someone I love and why I have to do what I'm told, at home, at work, in the supermarket, on a train, in the car. I need to understandl the differences of nations in the world before I commit to one nation. I need to understand why I have to commit to one nation when my parents were from two different nations and I was born in a third.

I'm not suggesting that multiculturalism can tell us the meaning of life or improve our lives, but it does give us more of a balanced perspective of the world and gives us the freedom to ask questions and make decisions based on a varied experience rather than just societal pressures.'One' world would strip us to our naked truth and remove obstacles to our own failings. It would enable to think more logically and allow us to collaborate more effectively in dealing with serious issues that affect the world, not just a certain radius.

I say we re-evaluate how we do things, take away the physical and metaphorical fences, and learn how to find solutions that serve the good of humanity in general, not just those that look and talk like us. Anything else will surely end in war with catastrophic consequences...

Types of Visas For Australia

A visa is a government sanctioned permit to enter, stay and exit a country granted to foreign nationals who wish to visit the concerned country. It is considered to be the entry ticket to a country which is mandatory irrespective of the nature of the visit. Just like almost all first world countries, an Australian visa is indispensable for a foreigner who wishes to visit the country. Surely, the Government of Australia has segregated the applications for the country's visas depending upon the nature and tenure of the visit.Visas in Australia are legally classified as follows -Instant Tourist Visa

These visas are issued by the Australian Department of Immigration and Border Protection for periods of 3, 6 and 12 months. The tenure of the visa depends on the nature of the visit. The Instant Tourist Visas are generally provided to visitors who bear the sole purpose of business or come as tourists.

It is necessary for visitors to hold a valid passport and are often supplied with an Australian ETA, which stands for Electronic Travel Authority. The ETA visa electronically links with the visitor's passport for a fixed duration of time. Immigration authorities are thus, provided with prior knowledge about a visitor's visa status.

Transit Visas

These visas are provided to travelers that use Australia as a means of transit, say, in case of a layover or if a visitor intends to join a merchant navy or ship crew in the country. Transit visas are generally permitted for a duration of only about 72 hours.

Working Holiday Visas

These visas are meant for people within the age of 18 and 30 years who wish to travel as well as work in Australia for a year. Working Holiday visas are particularly oriented towards catering drop-year travelers who wish to explore and at the same time, work their way to supplement their expenses.

Business Visas

Business Visas are provided to people with established businesses in Australia or people who are sponsored by a governmental or multi-national company with the purpose of conducting business operations in Australia under the purview of their employer.

Student Visas

The Department of Immigration and Border Protection are particularly cautious while issuing Student visas. The government permits a visa to a travelling student only after the submission and acceptance of a thorough, detailed analysis of the concerned student's course of study and financial backing. This visa is classified according to the nature of the study. Separate visas are issued for international students who intend to travel to Australia for their graduate or postgraduate degree as opposed to a student travelling for a high school exchange program.

Students holding this visa are not permitted to work before the commencement of their study and can only apply for a job with a cap of up to 20 hours a week.

Skilled Migration

These visas are a permanent migration permit which allows foreign nationals to migrate to Australia under the pretense of being skilled in a domain of significance according to the Government of Australia.

Why Is My Immigration Case Delayed?

Recently a client of ours, let's call him Muhammad H married a US citizen. His spouse filed the petition for alien relative (I-130) application on his behalf with the application for adjustment of status (I-485). She became pregnant and had child while the petition was pending. Soon his application was pending for over a year and it became obvious it was seriously delayed. The client had scheduled an infopass appointment and checked with his local congressman but received no response.

Worried that he may have filed the petition incorrectly he came to our office to inquire about what could be done. We discussed his case and reviewed a copy of his application. It seemed that he had filed it correctly and we didn't see any obvious red flags. There appeared to be no obvious reason for the delay in adjudicating his petition.

We explained to him that his best option would be to file a writ of mandamus in federal court. Filing a mandamus requires a federal judge to review the application and requests they order immigration to adjudicate it within a reasonable time. Once the application is filed and properly served the government has 60 days to respond.

In this case the writ of mandamus was filed and served it on the government. Within 60 days we received a call from the US attorney's office. They stated that they weren't going to fight our mandamus and that our client's interview has been scheduled. Muhammad H. and his wife attended the interview and notably the immigration officer was very professional at the interview and only had a few questions for Muhammad and his wife. Within 2 weeks we received the decision on their case in the mail. Filing the writ of mandamus put the client in control and now he can move on with his life without the worry of immigration hanging over his head. This made him very happy as at least it was one more thing he did not need to worry about.

Although this case involved a marriage based petition a writ of mandamus can be used in any I-130 petition for alien relative or I-485 adjustment of status application. Likewise a writ of mandamus can be filed for any delayed I-140 employment based application or a delayed N-400 application for naturalization. A mandamus can also be utilized in the asylum context or really in any type of proceeding where the government is causing a delay. The writ of mandamus is a powerful tool which can put you in charge of your immigration application.

Why is the Land of the Maple Leaf the Best Place for Immigration?

Do you have a dream of migrating to a new country after finishing college? Do you ever picture yourself starting a new life with your family in a decent place? Are you one of those countless first time homebuyers who are searching for a good place to live? Or do you want to start a business venture with endless opportunities, but you don't know a place to start?

If you are someone who relates to these questions, then you will definitely want to pack your bags, and search the internet looking for a top rated real estate in Canada.

According to a recent survey by U.S. News & World Report, the University of Pennsylvania's Wharton School and Global Brand Consultants BAV Consulting who ranks 60 nations in the world, Canada ranks second best among the countries in the whole world.

Considering 75 factors such as travel and adventure experience, educational system, place for investments and business starting, citizenship, cultural and economic influence, entrepreneurship, sustainability and quality of life, Canada stood out with the other countries just falling short behind Germany.

You might be intrigued, and a lot of questions are running through your mind right now, and to kick start you to the beauty of the Land of the Maple Leaf, here are the reasons why Canada is the best place for immigration.

Education

Canada's approach in education is very commendable. In Canada, primary and secondary educations are free and mandatory at the age of 5, and with Canada's quality education, Canadian students score above average on OECD's Programme for International Student Assessment, which is a testament to prestige educational system.

Health System

Canada has one of the finest health care systems in the world. Almost every community in the Canadian soil has its own hospitals, and most of its services are free of charge to Canadians who are under the National Health Insurance Program.

Beauty

Considered as one of the most beautiful places to travel and to live in, with its numerous eye capturing World Heritage Sights, its famous Niagara Falls, and its five advanced metropolitan areas which are namely Toronto, Montreal, Vancouver, Calgary, and Ottawa, which are well known for their culture, and diversity, Canada marks its presence to be the best for North America home owners.

Economy

Canada is a large technologically advanced country with a high standard of living, the entrepreneurship environment is considered stable, and if you want to start a business, it only takes less than two days and costs less than 1 percent of the average income per capita to start one. Canada also offers Self-Employed Persons Program and Start-up VISA for foreigners looking to build a business in the country.

The service sector is the country's largest economic producer, but on the other hand, it also stands out in exporting goods such as energy, food, and minerals. Canada also ranks third in the world in oil reserves and it's the world's fifth-largest oil producer.

Beneficiaries

Canada is a country that cares for its residents. Canada offers several welfare programs, other benefits such as unemployment insurances, social welfare allowance, pension plan, old age pension, childcare benefit are only some of the numerous Canada offers for you.Living in Canada is like living in a paradise, and if I were you, I will contact a real estate agent in Canada as soon as possible. You better save some money because Canada is so cool (well, literally)!

How to Get a Delayed Asylum Interview Scheduled in Two Months

Recently a client came into our office distraught and asking why his asylum case was taking so long? He had fled his country because ISIS terrorists were threatening to kill him due to their religious and political beliefs. He came to the US and hired an immigration attorney who helped him file for asylum. He received the receipt that their asylum case was filed but then didn't hear anything. He waited and waited. Occasionally he followed up with his attorney. He would inform him everything was fine, cases are currently delayed and there is nothing to worry about but he couldn't help worrying that something was done incorrectly. He scheduled an infopass appointment and was given the run around by immigration. He even had the local Congressman do a Congressional inquiry but received no response.

The delay had completely stressed him out. He was having trouble with his employer because the delays caused problems with his work permit. In addition, he had family in his country who were in increased danger and he needed to get a legal status so they could petition for them. Ultimately, the delay caused a rift with his attorney because the attorney kept saying there was nothing they could do but the client wanted something to be done. The attorney got upset with the constant phone calls and the client didn't trust the attorney had filed everything correctly.

When the client came into our office and explained the situation within 15 minutes we knew we would need to file a writ of mandamus in Federal Court to push immigration to process their asylum case.

We informed the client that a writ of mandamus forces a federal judge to look at the asylum case and order immigration to take some action on the application (in this case to hold the delayed interview). The client was worried whether immigration would view this negatively. He was concerned immigration would hold it against him that he stood up for his rights by filing the mandamus.

We informed the client that just the opposite, if immigration gives him any problem, we can immediately amend the complaint and hold them responsible for violating their behavior. In general, immigration is much more likely to follow the rules when a mandamus is filed because a federal judge is overseeing the process. It makes sense, most people would be more careful at their job if a federal judge was overseeing their work. The judge could cause the immigration officer immense problems with his supervisor or order fines and sanctions.

The client agreed that the writ of mandamus was the path forward in their case. Our firm immediately went to work drafting the documents, filing them in Federal Court, and serving them on the government. After being served, by law the government has 60 days to respond with their answer. Around day 45 a US attorney called our office and said they would be emailing us and mailing the client the date and time his interview was scheduled for. We thanked the US attorney and informed him that we would keep the case open until a decision was reached, so as to assure that immigration does not hold the interview but then delay the decision.

The client went to his interview and within two weeks his case was approved. Mysteriously an issue he was having with a delayed work permit was also corrected. The client is now working at a good company and is petitioning for his family to enter the US. He will soon file for his green card and then, if he wishes for citizenship.

In our firm's experience the mandamus forces immigration to give applicants the VIP treatment. Our mandamus clients go to the front of the line and are treated with priority because the immigration officer knows a Federal Judge is overseeing the case. The above-mentioned client is the perfect example, he was waiting two years for his interview, had scheduled multiple infopass appointments and was getting the run around from everyone he spoke to. Then within two months of our filing the mandamus he had his interview scheduled and within two weeks of his interview his case was approved.

Alternatives to the H1B Specialty Occupation Visa

H1B season is in full swing, as US immigration lawyers across the global prepare to file their client's petitions during the first week of April. It's always an exciting time for law practices handling H1B visas for clients given the time sensitive petitions and uncertainty of being selected in the lottery. It can also be an extremely stressful period for employers and prospective employees for the same reasons.

The H1B visa is a temporary non-immigrant visa allowing a US employer to sponsor a foreign national for employment in the United States. The basic requirements dictate that the potential foreign employee hold a bachelor's degree or the US equivalent (work experience can be substituted for a degree in certain circumstances), the employee will be working in a specialty occupation, and the employer will pay the employee at least the prevailing wage for the position (as determined by the location of the job).

There are 65,000 visas available each year for a start date on 1 October. Immigration attorneys must file their client's petitions during the first week of April or they will not have a chance of being selected in the random lottery. The first 20,000 petitions received by the government for beneficiaries who hold a US master's degree or higher are exempt from the visa cap. Additionally, certain non-profit companies and higher education positions are also exempt. The visa's small petition window and selection cap can make it an unattractive option for employers. This is especially true for employers looking to hire a foreign national quickly.

US Citizenship and Immigration Services (USCIS) receives far more petitions each year than visas available. This necessarily results in the random lottery. For fiscal year 2017, the government received over 225,000 petitions - bringing a beneficiary's chance for being selected in the visa lottery to approximately 25%. Unfortunately, these are not great odds, especially if the US company requires the foreign national's unique qualifications or skills.

Throughout the years, employers have tried to develop 'hacks' for giving their beneficiary a better chance of being selected - including filing duplicate petitions for the same beneficiary. Fortunately, this practice is no longer allowed, and USCIS will reject all petitions filed by a company if they determine a duplicate petition was filed. What larger companies will do to increase their chances of having their H1B visas selected is to inflate their needs. The company would extend offers to more candidates than they need, in anticipation of approximately 75% of the petitions being denied. While this practice is not against the rules, it certainly harms the chances of other beneficiaries being selected in the lottery.What are the alternatives to the H1B visa?

If one's petition is not selected in the H1B visa lottery, or an employer requires a foreign national employee outside of H1B season, there are still alternatives to bring them to the United States. One of the most underused alternatives is the Special Business Concession visa, also known as the B1 in lieu of H visa.

As its name implies, the B1 in lieu of H visa allows its holder to enter the US with a B1 Business visa in place of a proper H1B visa. Specifically, the visa allows a foreign national to enter the United States to perform productive work for a temporary period of time. Like the H1B visa, the foreign national should have earned at least the equivalent of a US bachelor's degree and should be coming to the US to work in a specialty occupation. Additionally, the employee must work on behalf of a foreign company and be paid by a foreign source (i.e. not paid directly from the US company).

The B1 in lieu of H visa is a good bridge visa to hold a beneficiary over until the next H1B lottery when another petition can be submitted on their behalf. The B1 in lieu of H visa is typically issued for a period of one (1) year. Its holder can then enter the US for a maximum period of six (months), which can be extended to complete the full year.

While the B1 in lieu of H visa is a fast alternative to the H1B visa, one should not attempt to continually renew the visa, as this could result in a denial. Should a B1 in lieu of H applicant attempt to renew the visa multiple times, the embassy charged with adjudication may assume the applicant is trying to circumvent obtaining a proper H1B visa.

 Another alternative should a beneficiary not be selected for the H1B visa lottery is sourcing either an E2 Treaty Investor visa or E2 Employee visa. In the first instance, if a beneficiary is needed in the United States to work in the IT field, they could effectively create their own IT consultancy firm via the E2 Treaty Investor visa and offer their services as in independent contractor to the employer who wanted to originally hire them. Not only would the beneficiary be able to avoid the H1B lottery, they would not bound by the H1B length of stay rules - allowing them to remain in the US for as long as their E2 business is up and running.

The E2 visa, however, is not available to all foreign nationals. Unlike the H1B visa, the E2 visa is based on treaties the US has in place with specific countries. For example, nationals of India, Russia, and China are not eligible for the E2 visa. For a complete list of eligible countries, please visit the US Department of State website.

Along with being a national of a treaty country, the E2 applicant is also required to make an investment in his or her business to qualify for the visa. While there is no specific dollar amount noted in the relevant rules and procedures, the investment should be significant. A strong investment amount depends on the type of business the applicant is looking to start-up and should be discussed in consultation with a qualified immigration attorney.

The second E2 visa option is the E2 Employee visa. As in the case of the E2 Treaty Investor visa, the E2 Employee visa requires citizenship of a treaty country. While the employee visa option does not require an investment on behalf of the employee, the US company must already be registered with a US embassy. Additionally, the US company must hold the same treaty nationality as any prospective E2 employee. Please see the below example:

Giovanni is a national of Italy and has been offered a position with a US company who filed an H1B petition on his behalf. Unfortunately, Giovanni's petition was not selected. The US company, 100% owned by Croatian nationals, has heard of the E2 visa and is willing to spend the money to make the investment, register the company as an E2 company, and hire Giovanni as an E2 employee. Unfortunately, the E2 Employee visa would not work as Giovanni and the company do not share the same nationality (i.e. Giovanni is Italian and the company is 100% Croatian owned). Please see below for another example:

Olivia is a national of Denmark, and like Giovanni, her H1B petition was not selected in the lottery by the US company wishing to hire her. The company is 49% owned by American nationals and 51% owned by Danish nationals. Like Giovanni's prospective employer, Olivia's company wishes to register as an E2 company and hire her in E2 employee status. This would be allowed, as the majority of the company is Danish owned and shares the same treaty nationality with Olivia.

The above visa options are just a few alternatives should a foreign national not be selected in the H1B lottery. For additional visa categories and strategies, please contact our office today.

Relocating To Canada - How To Find A Place To Live

Relocating to a big and popular country like Canada is indeed exciting but when it comes to establishing yourself there firmly, right from the time you have landed, things may seem daunting. One of the most challenging aspects immigrants experience post-immigration is finding a comfortable accommodation. Taking into account this fact, we'll help you with some good information on how to find a comfortable accommodation in Canada and a few sources that shall help you find a good place to live in Canada. Keep reading!

Finding accommodation in Canada:

More often immigrants plan for a temporary accommodation first, and then transit to a permanent solution, probably when they have settled with a good job and found a place of their preference in Canada. These temporary accommodations could be hotels, monthly rental apartments, hostels, etc. But, a thing to remember here is that most monthly rental apartments of Canada are subjected to 12 month lease periods. For that very reason, Canada has introduced newcomer services for immigrants, which assists immigrants in their settlement and integration process and are completely free to access. Among these many services, one is assistance of finding an accommodation in Canada. Depending on these services will greatly help you as an immigrant to find the best place to live in Canada and at a much speedier pace. When you apply for an accommodation assistance, do consider the following aspects:   

Desired location in Canada   

Your budget   

Ease of commute to your work place (distance and time)   

Other associated expensesWhat is the cost of living in Canada?

The cost of living in Canada merely depends upon the area you choose to live. While reviews say that places like Montreal and Saskatchewan are the most affordable places in Canada, terming them to be incredibly economical, Alberta and Vancouver are expensive cities. But, no matter where you plan to stay, you should be financially prepared as the cost of living in Canada will certainly be a little higher than the cost of living in your home country.

Sources to find a place to live in Canada:

Canada's Mortgage and Housing Corporation: CMHC is the Government of Canada's national housing agency and the best resource for you to settle in Canada. This corporation aims to provide products and resources of housing for people looking for accommodation in Canada. Be it a newcomer renting an apartment or a permanent residence planning for a home, this cooperation helps all with resources of their preference.

Housing directories: Depending upon the type of housing you are looking for, temporary or permanent, you can search for accommodations of your choice in the housing directories of Canada.

Classifieds or local newspapers: Often the classified section of local newspapers feature ads which feature the rental- houses of the respective area. Referring such will help you find a good place to live, according to your budget.

Websites: One of the most reputed and highly reviewed website of Canada is Padmapper.com. This website has a map of your chosen area in Canada, and will show you all the housing options available in that particular region. Also, kiji.ca and craigslist.ca are good places which features listings of jobs, services, accommodations etc. available in Canada.

The best way to relocate to Canada is on a PR visa. By relocating to Canada on a PR visa, applicants get to enjoy several benefits from the Canadian government- free education, free medical for entire family etc. Connect to the best visa experts and get a detailed information about the PR benefits and process.

Who Are a NRI / PIO?

What are the benefits of being a NRI?

• You can get special bank accounts from Indian banks.

• You can continue to own land and property in India.

• Your earnings outside India are not taxed by the Indian government, provided you have paid taxes in the nation you reside in. Local earnings in India (interest, rental income) are still taxed.

• There is a special quota of seats in Indian universities reserved for NRIs.

• You can still vote, but you have to be in India to do it.

What are the drawbacks?

• You may need permission to take out money invested in India.

• You may not purchase agricultural land or farm houses.

• You may not hold a government job.

• You may not be elected to a political position.

How do you become an NRI?

There is no application form needed. The only official record of being an NRI comes on your yearly tax filing. This status can change from year to year. If you wish to open an NRI bank account, you simply need to inform your bank of your plans.

More benefits of NRI

1. Bank accounts- The NRI banking sector is very vibrant, particularly because the Indian government started to acknowledge this large group of people and provide it with numerous facilities and benefits.

2. Insurance policy- Another benefit that NRIs experience is the fact that they can enjoy tax exemptions on their incomes provided they register for a tax saving fund, pension plan, insurance policy as well as any other certifications. This is because the aforementioned options offer great returns to NRIs and thus will provide the expected tax exemptions.

3. Immovable assets abroad- Non-resident Indians can continue holding all their immovable assets outside India. These types of assets can either be rented out as rentals or be credited to the overseas bank accounts. The properties can then be transferred or sold with the proceeds of the sale being credited to overseas bank accounts. The best thing about this is that any expenses relating to these assets like insurance premiums and maintenance can be easily settled out of the remaining overseas balances.

Who can be a PIO?"Person of Indian Origin" means a foreign citizen not being a citizen of Bangladesh, Pakistan or other countries as may be specified by the Central Government from time to time if;i. He/she at any time held an Indian passport; orii. He/she either of his/her parents or grandparents or great grandparents was born in and was a permanent resident in India as defined in the Government of India Act, 1935 and other territories that become part of India thereafter provided neither was at any citizens of any of the aforesaid countries (as referred above); oriii. He/she is a spouse of citizen of India or a person of Indian origin covered under (I) or (ii) above.

Benefits of a PIO card:

-(i) PIO card holders do not require a visa to visit India for a period of 15 years from the date of issue of the PIO card.

(ii) They are exempted from registration at FRRO/FRO if their stay does not exceeds 180 days, In case if the stay exceeds 180 days, they shall have to register with FRRO/ FRO within the next 30 days.

(iii) They enjoy parity with NRIs in economic, financial and educational benefits like:- Acquisition, holding, transfer and disposal of immovable properties in India, except agricultural/ plantation properties Admission of children to educational institutions in India under general category quota for NRIs, including medical and engineering college, IITs, IIMs etc Availing Various housing schemes of LIC of India, State Government and Central Government agencies All future benefits that would be exempted to NRIs would also be available to the PIO card holders. However, PIOs do not enjoy employment rights in Government of India services nor can they hold any constitutional office in the Government of India. They need prior permission for undertaking mountaineering, missionary activities, research work and to visit restricted areas in India.

You Need to Secure Your Visa Now!

Securing a visa is a clue that you're about to go on a trip. Many people are homebodies; they hate to travel. The reason for being a homebody differs from person to person, but we're all on a trip right now, whether or not we hate to travel. Sooner or later, we'll arrive at our intended destinations.

Our destination is the afterlife. The decision to travel is not ours to make; that's just how life is designed. Once the journey starts though, it goes on until it ends and we relocate. The destination after this life, however, is by choice; we get to decide where we're going. Having the ability to decide implies there are multiple destinations from which to choose; there are two distinct places: heaven and hell.

Heaven is the place Jesus is preparing for all those who believe in Him. "'In my Father's house are many rooms, if it were not so, I would have told you. I am going there to prepare a place for you. And if I go and prepare a place for you, I will come back and take you to be with me that you also may be where I am" (John 14:2-3 NIV). In another conversation about heaven, Jesus promised, "Then the King will say to those on his right, 'Come, you who are blessed by my Father; take your inheritance, the kingdom prepared for you since the creation of the world'" (Matthew 25:34 NIV). Heaven is described as a place where God will live with His people. He will wipe away every tear from their eyes; there'll be no more death, or mourning, or crying, or pain! (See Revelation 21:3-4).

Who wouldn't want heaven for their eternal destination? It has streets of gold, gates of pearls and no need for the sun or moon, because the glory of God lights it up (see Revelation 21:21-23). That's where I'm going! I got my visa ready, and it reads, "Because you believe in the name of Jesus, the Son of God, you have eternal life" (see 1 John 5:13 NIV). Would you like to come to this wonderful place of peace, tranquility, and beauty? I encourage you to come along. Your departure date could be any day from now, so allow me to show you how to secure your visa. Someone once said about preparedness, "I stay ready, so I don't have to get ready."In order to secure your visa, you have to agree with God that you're a sinner (see Ephesians 2:1-3), accept Jesus' death on your behalf, and ask for His forgiveness and to be adopted into his family (see Romans 10:9-10). He will forgive you, give you His Spirit, and give you the assurance of eternal life in your new home (see Matthew 25:34). After you secure your visa, start learning more about your Savior and your future home through daily Bible reading and prayer. The more you discover, the more you'll long for your new home. In addition, join a Bible-believing church that will help you grow in your faith.

Hell, on the other hand, is the place prepared for the devil and his angels, as well as those who don't believe in Jesus. Jesus presents it this way: "Then He will say to those on His left, 'depart from me, you who are cursed, into the eternal fire prepared for the devil and his angels'" (Matthew 25:41 NIV). Hell is described as a place of torment, day and night, forever and ever (see Revelation 20:10). Who would want to go to such a miserable place if they had a choice in the matter? Think about it! Still, many refuse to make the decision that will ensure their future is secured in God through faith in Jesus Christ, His Son. Choosing to not believe in Jesus is the only visa you need to get into hell.

But why would you choose to spend eternity in such a God-forsaken place? Please call on Jesus today while there's still time. You might be called out without notice. God loves you and does not want you to perish, and that is why He sent His Son to take on the punishment you deserve (see Romans 6:23). So you don't have to go to hell; the penalty for your sin is already paid for. This could be your last chance to get ready, and stay ready. Secure your visa today!

This life will end sooner or later. If you'd like to spend the hereafter in heaven, you need to repent of your sins, and ask God for forgiveness and place your faith in His Son, Jesus. That's the only way! Please do it now, because tomorrow is not promised to anyone.