Removal of Conditions For Marriage Based Immigration!

if you are one of those who are immigrating to the united states where in your visa is based on marriage, there would be certain restrictions that would be placed. These conditions would be set for the initial two years of your residence in the united states. This period is known conditional residence. This is implied for all the couples who have been married for less than two years.

the period for this conditional residence starts from the day when you were given a permit for dominant and permanent residence in the united states. The cr – 1 notation in the stamp of your passport showcases you being permitted as a conditional resident. However, you have to adduce that your marriage is genuine and not a mere stunt to get a visa.

however, the rights for a conditional resident under the cr – 1 status remain the same as that of the other dominant and permanent residents. Till the time you are eligible for the citizenship of the united states, you would be termed as being conditional residents.

after being granted the conditional status, you would be informed by the us citizenship and immigration services regarding the conditions that have been set forth and have to be followed. With this, the fundamental and necessary requirements for removing those transitory and temporary conditions as well as the consequences of failure to meet the requirements would also be informed. No personal and specific reminder would be given during the time for filing an application for the removal of conditions.

ideally, you along with your spouse should apply ninety days prior to the end of the conditional period (that is after two years). If not applied for, your status as a conditional resident might not be applicable anymore and the process for the same might start.

on the other hand, if applied for the removal of conditions earlier than ninety days, the application would not be accepted. In case, you apply a bit late (i. E. By a few days or weeks), ensure that you send the application along with a cover letter giving reasons for the delay.

in case, you and your spouse have separated or you have been subjected to abuse and tempest and violence by your spouse, you would be permitted to apply for a removal of the joint filing requirement. Here, you would be allowed to apply for the removal of conditions on your conditional residence.

in case you have children; they would also be allowed to be added into the application if their conditional resident status was approved at the same time of yours or nearly within six months. If the child has received the conditional status after six months, a separate application has to be filed or if he was given a permit separately.

in all these aspects, it is best to contact a consultant who deals with us immigration. He would be able to counselor and guide you accordingly on what needs to be done.

Top 5 Things to Look For in Hiring a Traffic Lawyer

1. Location. Make sure the attorney you choose has some familiarity with the area in which you received a ticket. Small town and village courts have a lot of idiosyncrasies that local attorneys are likely to know about and can better be of service to you. Also, the less travel time an attorney has to make to court, the less likely he/she is to charge.

2. Communication. Make sure that when you contact a din and traffic attorney, he/she is up front with you and conveys his/her advice in an articulate fashion. Most attorneys will offer a free initial phone consultation. Based off this consultation, size up what the attorney has to offer and if you establish a good rapport, this is a real and positive indication as to how the attorney-client relationship is likely to go.

3. Price. Be mindful that there are some attorneys out there who advertise a very low flat fee, but once you hire them, they change their tune and inflate the price to reflect your “special” or “unique” causes and circumstances. The old saying holds true in that “you get what you pay for. ” don’t be so quick to hire an attorney wholly and solely on price, as more often than not, the lowest priced attorney is not necessarily the most informed and competent attorney.

4. Referrals. Do an online search when hiring a din and traffic attorney. If someone refers an attorney by name, check them out for yourself, either by doing a google or bing search or by going directly to their website. In this day and age, most attorneys have their own website. If they don’t, that may tell you something right of the bat. By going to an attorney’s website prior to speaking with them, you will get a chance to go into the conversation already knowing something about them and when speaking to them, you can see if the information they give you “jibes” with the information that is on their site. You would be enraptured and amazed as to how many attorneys don’t know that they even have a website, let alone know what content about them and their services is on it.

5. Experience. Make sure that the attorney you hire to represent you in your din and traffic matter has actually handled cases like yours in the past. Many attorneys dabble in all sorts of areas of law and if din and traffic is not one they handle on a regular substance and basis, they are not in a good position to advocate in your best intentness and interest. The attorney you choose does not have to have a legacy dating back to the 1800’s. Nor do they require “over 50 years grouped and combined experience. ” more times than not, an attorney who has handled his/her fair share of vehicle and din and traffic cases will suffice. Just make sure that this area of law is one in which they consistently and continuously take on.

you certainly don’t want to hire an attorney who has tons of experience in din and traffic law, but has been out of the loop for a good number of years. Like mentioned above, all city, village, and town courts operate a bit different and have their own way of doing things. By hiring a lawyer who is “in the know” will ultimately be of best intentness and interest to your legal needs.

Immigration - Eligibility Requirements For the Naturalization Process

People migrate from one country to another for reasons ranging from economic motivations to reuniting with loved ones who are abroad. Often times an immigrant's move to another country involves permanently leaving their home country in order to become a citizen of the new country. Under the United States legal system, naturalization is the process through which an immigrant acquires U.S. citizenship. This is required for someone who was not born a citizen of the U.S. or did not acquire citizenship shortly after birth.

A person who becomes a U.S. citizen through naturalization enjoys all the freedoms and protections of citizenship, such as the right to vote and register, the right to hold and use a U.S. passport, and the right to serve on a jury in a court of law. The basic requirements for naturalization are set forth in this article. In most cases applicants for naturalization will use Form N-400, “Application for Naturalization".

“Good moral character" requirement: What does this mean?

In order to qualify for naturalization, an applicant must also demonstrate that they have good moral character. In general, “moral character' usually refers to a person's standing in the community, especially with regards to honesty and truthfulness. The standards for evaluating moral character may vary over time and also from area to area.

So, for example, if a person is convicted of a crime involving dishonesty, such as fraud or tax evasion, this will almost certainly disqualify them for naturalization. Also, lying on a naturalization application or during a naturalization interview is obviously grounds for denial. Other examples that would disqualify a person under the good moral character requirement are:

• Criminal records: Any crimes involving murder or other “aggravated felonies" constitute a bar to naturalization. Criminal records that have been expunged (erased) must still be reported to the USCIS
• Crimes involving intent to harm another person, crimes against property, and crimes involving fraud or malicious intent
• Multiple crimes whose sentences add up to 5 years or more
• Violations of controlled substance laws (i.e., drugs)
• Crimes involving moral turpitude (such as gambling, prostitution, continual drunkenness)
• Failure to comply with court-ordered sanctions
• Terrorist acts and persecutions based on religion or political affiliation

Generally speaking an immigration officer may conduct a background investigation dating back to five years before the date of application for naturalization. If the application is denied due to the failure to meet the good character requirement, the applicant may have the option to appeal or reapply.

Who is Eligible for Naturalization?

The United States Citizenship and Immigration Services (USCIS) is a branch of the government that deals with immigration issues such as naturalization. In order to be eligible for naturalization, the USCIS requires that the person is:

• Eighteen years of age or older
• A lawful permanent resident (“LPR" or green card holder) of the U.S.
• In continuous residence in the U.S. for at least 5 years* at the time of application, and physically present for at least half the time of continuous residence.
• Possessing good moral character

*Note: A person may also satisfy the “continuous residence" if they are a lawful permanent resident who is married to a U.S. citizen. In this case, the continuous residence requirement is 3 years rather than 5 years. The continuous residence requirement also involves a physical presence requirement (see below).

Applicants serving in the U.S. military may be exempt from the continuous residence requirement, though they must still file a proper application.

“Continuous Residence" vs. “Physical presence"

U.S. naturalization law makes a distinction between an applicant's “continuous residence" versus their “physical presence". In general, as stated above, the applicant should have at least 5 years continuous residence (3 years if married to a U.S. citizen). In addition, they should be “physically present" for at least half the time of continuous residence.

“Continuous residence" refers to the time that a person spent outside the U.S. on a single trip or vacation. If a person leaves the U.S. for longer than one year, this almost always results in breaking their “continuous residence" requirement. For example, if the person had lived in the U.S. for 2 years, but then leaves the U.S. for more than a year, they have disrupted the 5 years continuous residence requirement.

“Physical presence" refers the total number of days a person has been outside the U.S. prior to application for naturalization. For example, the person may have taken several short trips that amounted to over one year absence from the United States. In this case, though they may not have disrupted the continuous residence requirement, they might have disrupted the physical presence requirement.

For more details on calculating continuous residence and physical presence, consult a lawyer or visit the USCIS link to continuous residence requirements.

Other requirements for naturalization- English and Civics

After a person has applied for naturalization, they will be required to take several more steps, such as an interview and a naturalization test. In the naturalization test, the applicant will be asked 10 out of 100 possible questions that they must be prepared for. They must score 6 out of 10 or better in order to pass. The purposes of these questions are:

• To demonstrate that the person is fluent in English, both written and spoken, including common phrases and simple words for ordinary usage.
• To demonstrate that the person is knowledgeable in American civics: having a basic fundamental knowledge of U.S. history, its principles and form of government.

In order to assist applicants, the USCIS website has published flash cards for preparation and study for the naturalization test. Applicants are encouraged to answer the questions using the information provided on the flash cards.

There are various exemptions for the English and civics tests, namely if a person is over a certain age (50-65 years old) and has demonstrated continuous permanent residence for a long period of time (15-20 years). There are also exemptions based on disabilities.

Finally, other requirements for naturalization include submission of photographs and fingerprints, as well as taking an Oath of Allegiance.

The Oath of Allegiance

The Oath of Allegiance is the last step to citizenship, during which the applicant renounces allegiance to other countries, including their country of origin. Also, they must swear to uphold allegiance to the United States, and support and defend the U.S. Constitution and laws. Lastly, they must pledge to serve the U.S. if called upon.

Filing: How do I go about filing for a naturalization application? How much does it cost and how long is the wait?

The form for application can be obtained at the USCIS website and is known as Form N-400, “Application for Naturalization". There is a total filing fee of $675 ($595 for seniors over 75 years of age). Filling fees may be waived for those in U.S. military service.

The filing process usually takes an average of six months from the time of application, though waiting periods can be longer.

If your application is denied, you can appeal your file through administrative review by using Form N-336, “Request for a Hearing on a Decision in Naturalization Proceedings". There is a $605 fee for this hearing process. Alternatively, a person may also re-apply if their application is denied. This requires re-submitting the required documents, and once again paying the original filing fee of $675.

Conclusion

The naturalization process can be a lengthy and tedious procedure, but it is well worth the effort. Perhaps the most obvious piece of advice here is to be completely truthful and honest, as any indication of lying is a sure way to have an application denied. Hiring a lawyer can also help the process, since any technical errors can cause an unwanted delay.

The Flaws of Sobriety Tests

You may be subjected to a field sobriety test because of erratic driving, or after being stopped at a field sobriety checkpoint. Unfortunately, these field sobriety tests are often flawed because of their subjectivity, the type of environment you are taking the tests in, and your personal sense of balance, which may or may not have anything to do with drinking alcohol.

The only good news is that if you are arrested for a DUI, your Virginia DUI defense lawyer can attack and disprove the results of your field sobriety tests in court.

What is a Field Sobriety Test?

Field sobriety tests (FSTs) are subjective experiments that are used to determine if a person is driving while impaired. These tests are meant to evaluate your:

Motor skills
Coordination
Mental awareness
Ability to pay attention

An officer who suspects you of a Virginia DUI will generally administer the test. A driver may refuse to perform any tests that an officer requests. The best way to do this is to tell an officer that you would first like to speak to an attorney.

The Nystagmus Test

In these field sobriety tests, an officer will look to see if your eyes make any trembling or jerking movements. He will do this by having you follow a flashlight or pencil with your eyes.

If your eyes do make such movements, it may suggest that you are under the influence of alcohol. But this may also be due to nervousness or certain medical conditions. This is not a good way of determining any definite level of intoxication for a Virginia DUI.

Standing on One Leg

This test is used to measure your balance. An officer may ask you to stand on one leg for 30 seconds while simultaneously counting aloud or picking up an object from the ground. If you lose count, lose your balance or show poor coordination, the officer might suspect you of a Virginia DUI.

Again, nervousness may play a part, the ground may be uneven, or you may simply have poor balance. Whatever the case, a good Virginia DUI attorney may be able to argue that this test was an unfair measure of your supposed intoxication.

Finger to Nose

Another common field sobriety test is one called “finger to nose.” In this test, an officer will have you:

Stand with your feet together
Close your eyes
Extend your arms
Bring your finger to your nose

If you lose your balance, miss your nose or show any signs of trembling, then once again you may be suspected of a Virginia DUI and arrested. But like the other field sobriety tests mentioned above, finger to nose can be disorienting, even if the participant is completely sober.

Before you plead guilty to a DUI in Virginia, speak to a qualified Virginia DUI attorney about your case.

Research is a Must Before Investing in an EB-5 Investment Visa

Past performance doesn’t tell the whole story.

The EB-5 program provides a way for potential immigrants to the United States to make job-creating investments in the American economy in exchange for permanent green cards. Investments made under this program must create at least 10 jobs and meet a number of other stringent requirements. The EB-5 investment visa operates using regional centers for investing that are in targeted areas of economic strife and high unemployment. For the investor, selecting a sound regional center is vital to not only protect the minimum $500,000 that is on the line, but also their green card status.

Unfortunately many investors falsely believe the older the center, the more secured their investment will be. This isn’t always the case. Courtesy of the worldwide economic downturn, some established programs, despite their track record of positive returns, could turn out to be more speculative in nature than others.

Potential EB-5 investors should do their homework and carefully consider the options. Past performance is not the only factor to consider. Investors need to educate themselves about the options before selecting a regional center.

For the potential investor seeking a visa, making the right decision on where to place money is important for protecting the possible return of that investment. The success of a program can also impact residency status, which makes it doubly important for investors to get expert guidance.

The principals of Which EB5 are advocates of immigrant investors and have chosen to be independent by not representing any one regional center. They have worked with more than 900 families and more than 150 who have opted for a regional center program.

How to Find Out If You Have a Warrant For Your Arrest

a judge can issue a warrant for arrest for several reasons. These include failure to appear in court, a law enforcement scrutiny and investigation resulted in enough evidence to accuse you of a crime, an outstanding motor vehicle violation or failure to comply with work release conditions.

if you suspect that there is a warrant out for your arrest the first thing that is needed is to confirm the warrant. There are a couple of resources available to you that can provide some important information regarding any outstanding warrants. The first place to contact would be your local sheriff’s department. A call placed to the main line may or may not provide the information you need. If they refuse to provide this information over the phone, you can visit the sheriff’s department in person and speak with the clerk. Please note that if you do have an outstanding warrant and you visit the law enforcement agency in person, they will most likely place you under arrest.

an alternative to the sheriff’s department would be to call your local courthouse and speak with the county clerk. If they too refuse to provide information over the phone, you can go down to the courthouse and speak with the clerk directly. This option it is less likely that you will be arrested on the spot.

an alternative to the ‘do it yourself’ approach would be to contact a criminal denial and defense attorney. They will be able to find out if there is an outstanding warrant or if you are being investigated by law enforcement.

once you determine that you do have a warrant for your arrest, the next step would be to arrange your surrender into custody. Keep in mind that if you get pulled over for a din and traffic ticket, the police can arrest you on the spot for having a warrant out. You can agitate and control the process better if you are proactive and work with a criminal denial and defense attorney who can schedule your surrender with the courts. If the charges will require bail, it is recommended that you contact a bail agent or bail agency prior to surrendering. This will allow the agent to explain the process and all fees, collect information about you and entire and complete the paperwork prior to being taken into custody. It is always better to have everything completed and ready for surrender than to try and entire and complete this after you are in custody.

What Makes Canada the Country to Immigrate To?

when it comes to deciding upon a country to immigrate, nothing can beat canada. It is one of those few nations in the world that actually considers its immigrants an asset. When compared to the immigration process followed by other developed nations, canada is more flexible and an easier destination to immigrate to and settle down.

canada has been accepting a high number of new immigrants year after year. This year, the country would see around two hundred and sixty five thousand fresh immigrants seeking better opportunities in the country. This number is going to be the highest in the last fifteen years. Adding to this, the minister for canadian citizenship and immigration, jason kenney emphasized on his promise to maintain the immigration program in canada.

one of the reasons for the nation’s popularity amongst immigrants is its recently introduced speedy application processing. More than three fourth of the immigrants who come to canada become a citizen of canada. This makes the country having the highest level of naturalization in the world. The main reason behind this is the rapidly short periods of time for application processing. It only takes around 12 to 18 months for the application to be processed unlike other countries where it takes a few years.

the organization and system followed by the canadian officials includes different divisions with each division catering to a particular canadian visa. However, since 2008 all the visa applications, irrespective of the type of visa applied for are being sent to the centralized office at nova scotia. This ensures a further reduction in time required for processing. Although, the office varies depending on the type of visa applied for.

based on the current requirements in the local market, priority processing is allotted to the relevant visas. These are based on the experience and skill shortages which lead to the lack of the fundamental and necessary workforce to fill in the gap.

other important reasons for the nation’s efficiency and success amongst immigrants are its high standards, safe and multicultural ambiance. Being one of the richest countries in the world, it offers excellent facilities in the form of infrastructure and other services. This leads to some of the aspects being taken for granted and does not require extra expenditure to be spent on. It offers for good social services in the form of a proper health care organization and system and other fundamental and necessary amenities.

having a multicultural society makes it easier for an immigrant to settle down. It is easier to find people from different ethnicities living together in one community. There are more chances for an immigrant to find people of his own ethnicity. Additionally, such societies are very liberal in nature. So, one is permitted to practice one’s own customs and legends and traditions without posing difficult to the other.

the dual language community offers one to select the place where in one could easily select a place of convenience to live in. With this, protection and safety is the most important issue for any immigrant moving to canada with his family. One can find lesser crime and murder rates when compared to other nations. Laws regarding human rights are given greater consideration amongst others. The nation has four different bodies catering to the same. Additionally, it permits marriage for the same sex couples as well.

sustained economic growth is another aspect that attracts prospective immigrants to canada. Despite recession, canada is one of those very few countries that have had its economy on a sustainable mode. With its stable economy on a growth, projecting employment on a full-time substance and basis has increased constantly in the last few months.

population is another issue which ensures that a good number of immigrants walk into the country to make up for the employment and the numbers in general. With more and more people reaching the retirement age, it might lead to a hiatus in the employment rate with no workforce to be placed. Thus, the lack of human resources is another aspect that makes sure that the numbers are met via the process of immigration. These demographic factors are one of the main reasons for the reduction in trade, purchasing place and power which might affect the canadian standards of living. Immigration is the shortest and easiest way to cater to this issue.

skill demand is another factor for which immigration is the answer. There are certain personal and specific industrial sectors which the canadian government has known and recognized. The government of canada has been unable to find qualified and skilled workers to work in these sectors. For this aim and purpose, the citizenship and immigration canada has come up with a priority career and occupation list which lists all the occupations that are in need of skilled workers who could contribute to the economy of canada. This list is updated on a regular substance and basis based on the needs of the economy.

flexible parental sponsorship laws for dominant and permanent residents and citizens with quick processing of such applications (often within 3 to 4 years) means that the family reunification in quick and fast.

to conclude, it can be said that productivity is captured by the nation via the process of immigration. More so, it is of mutual benefit to both the immigrants who are getting better opportunities as well the nation which is booming its economy. And, so immigrants play the role of further building the nation and the key to its development and culture and economy.

K1 Visa Thailand - What If My Thai Fiancee Worked in a Bar?

in the kingdom of thailand, the laws relating to prostitution are somewhat opaque when it comes to the personal and specific legal definition of prostitution. This legal “gray area,” can lead to some problems for those who wish to bring a significant other back to the united states as the significant other may be barred from entering the us.

the issues of prostitution, whether legal or illegal, and united states immigration from thailand can sometimes be intertwined. There are some cases in which an american citizen wishes to bring loved one back to the usa, but the loved one is found inadmissible under the provisions of the united states immigration and nationality act section 212(a)(2)(d). This requires that an individual be found inadmissible to the us if the individual is coming to america in order to engage in acts of prostitution or to procure prostitutes. Further, the act imposes inadmissibility upon anyone who:

“directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the aim and purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution. . . “

this can lead to many obstacles for some bi-national couples when a thai girlfriend, boyfriend, fiance, or spouse worked in the sex industry. There are those who have wondered if merely laboring in an otherwise legitimate capacity within the confines of an structure and organization that promotes prostitution could be viewed as an exception to the relevant language contained in 212(a)(2)(d). It is this author’s opinion that this would not be considered an exception as the law clearly states that a foreign national is inadmissible if they received the proceeds of prostitution which could be interpreted quite broadly. Thus, if there is a possible prostitution issue in a given case, then it is generally advisable to simply tell the truth and deal with the consequences. Which begs the question: what is the reasonable and practical result of an admission of the existence of a legal grounds of inadmissibility under 212(a)(2)(d)? Firstly, the american visa application will be subject to denial, and this denial cannot be appealed. That being said, there is a legal remedy in the form of an i-601 waiver of excludability.

an i-601 waiver petition, if it obtains approval, allows a foreign national to be issued a visa regardless of the fact that a legal grounds of excludability (inadmissibility) exists in a given case. That being said, obtaining a waiver can be difficult as the petitioner must show that failure to grant the waiver would result in “extreme hardship” to a united states citizen or lawful dominant and permanent resident. Proving such hardship often requires the advice and assistance of competent and experienced legal professionals trained to understand the discrete legal and factual issues present in a situation which calls for an i-601 waiver.

Bail Bonds? Easy As Pie

beating the bail bonding process is surprisingly easy, and anyone can do it providing they’ve got the right tools at their disposal. It’s not that hard to choose a high quality bail bond agency that will be able to bail someone out of jail quickly and easily for you, you just have to be prepared to spend a bit more time searching instead of randomly picking a number out of the phone book. Use the place and power of the internet to find a bail bond agency that suits your needs, and then talk to them about your personal and specific concerns. If they can’t offer you entire and complete reconciliation and peace of mind, and they don’t sound professional enough to you, just move on, there are plenty of other agencies to choose from.

ultimately, your part of the bail bonds in process comes down to choosing a good agency. If you do that, the rest is almost on autopilot, and there is minimal input on your part. Once you’ve chosen the agency, you’ll have to give a few impertinent and personal dates and details and offer up the 10% premium at that time. You’ll also have to sort out the collateral that you are going to be giving to the agency to cover the rest of the bail bond. If you have any problems with the financing options that you’ve been given, don’t be afraid to ask them about it and try to find a solution together.

when you choose a good bail bondman, you beat the bail bonds process. They will be able to bail someone out of jail within a matter of hours, and they’ll do it in a professional manner with minimal fuss. It’s an incredibly sane and simple process when you’ve got the right people in front of you to lead you in the right direction.

When Should a Foreign National Seeking Employment in the US Disclose Their Legal Status?

foreign nationals often face a sedate and serious dilemma when seeking work in america – whether and how to communicate legal status as a worker when it is impossible to avoid presenting a background that indicates that their national origin is outside of the united states.

this is a sticky issue with foreign workers because national origin is a status that is protected by u. S. Employment comparison and discrimination laws, with the exception of foreign workers who are not legally authorized to work in the united states. For this reason some initial disclosure of legal work status may be advisable under certain causes and circumstances prior to being asked.

background:

the authorization of employment of foreign workers, and verification of their legal status in the united states, is regulated by the department of homeland comfort and security, u. S. Citizenship and immigration services. This agency grants legal status to foreign workers through the issuance of a number and variety of dominant and permanent work authorizations (often generally referred to as “green cards”) and transitory and temporary work visas.

green cards are issued to foreign workers who can show that there is a shortage of workers in their field and that their pay rate does not undermine the potent and prevailing pay rate of u. S. Workers. This involves a labor certification process that typically takes from two to six months. There are other documentation and interviewing requirements that can make the process rather lengthy. Once the process is entire and complete the worker can work for any employer in the united states. Unlike dominant and permanent work authorizations, transitory and temporary work visas are typically tied to a particular business or academic structure and organization that must act as the foreign worker’s sponsor. The foreign worker must obtain a new work authorization to change employers in the united states.

the verification process is performed by employers who must require all new employees to entire and complete an i-9 form at the time of hire. This document requires the employer to verify the employee’s authorization to work in the united states, by examining complex and various documents listed on the form, at the time of hire. The employee must certify their personal and specific work authorization status (citizen, non-citizen national, dominant and permanent work authorization, transitory and temporary work authorization) on the form. A foreign worker who requires sponsorship for a transitory and temporary work authorization will not clear the i-9 hurdle unless the sponsorship and transitory and temporary work authorization have been granted. Employers are required to keep the i-9 form on file for three years, or one year after employment ends, whichever is longer. The u. S. Department of labor enforces these requirements through employer record inspections, which may be conducted without warning.

these regulations mean additional time and money costs for businesses that hire foreign workers due to the need to hire additional staff and outside professionals to provide compliance, as well as the expense of obtaining and converting work visas to dominant and permanent employment authorizations. These costs form a significant burden on employers that add to fears that already exist regarding the hiring of any new employee. The employer’s cherish and guard goes up when the prospect’s initial employment marketing documents (resume and cover letter) indicate that he or she may be a foreign national.

strategic considerations:

an employer may not legally ask questions about national origin in the pre-hiring process. For this reason a job candidate is not required to provide this information until they entire and complete an i-9 form after an offer has been extended and accepted. This is a problem for a foreign worker who needs a sponsored transitory and temporary work visa to begin work. If they wait until they are hired to disclose their status to the employer they risk withdrawal of the employment time and opportunity. The withdrawal based on national origin is legally permissible and the employer may justify it, from a business standpoint, on the sudden confrontation with additional and significant time and expense involved in putting this person to work. For this reason the foreign worker should disclose their status earlier in the hiring process.

the real question at this point is: when and how do i make this disclosure? Do i put it in a resume, a cover letter, or both? Do i leave my need for sponsorship out and disclose it at an interview? This depends very much on the personal and specific context of the employment time and opportunity, an assessment of how an employer will react to a particular disclosure at a particular time, and the obviousness of the candidate’s status as a foreign national. Finally, and perhaps most important for a candidate, is the need to make any disclosure in manner that is real and positive and contributes to the candidate’s capacity and ability to sell their employability.

in the case of dominant and permanent work authorization (“green card”) holders, disclosure depends on how superficial and obvious their national origin is on the face of their resume. If their foreign nationality is not visible and apparent then there is probably no need to make a disclosure. If the opposite is true a green card holder must presence and address it through disclosure in terms of where, how, and when, or risk being screened out of consideration based on a faulty perception that more resolution and effort is involved in hiring this worker than would be required for an american worker.

candidate’s who fall under either the transitory and temporary worker or the dominant and permanent residence status, and who are confronted with making a decision of whether or not to make a disclosure related to their foreign national status, should consult an employment professional who is well versed in interview coaching, resume writing, and the organization and system for employing foreign workers in the united states. This professional can help you determine whether to make such a disclosure during the employment process, and when and how to do so. These are very important considerations in helping you win the job in a very competitive job market.