Judith Marty: Human Rights Attorney

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The Legal Edge

Business and Family Immigration

Our Mission
The Legal Edge is dedicated to upholding the great American heritage for providing opportunities and excellence through immigration. We promote legal immigration to the United States by protecting the rights and privileges granted by American citizenship. We give non-immigrants the opportunites for education and training in America to bring back to their homelands for world development. 

IMMIGRATING TO THE UNITED STATES TO BECOME A CITIZEN
 
Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?

Family Member

A. You must be the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.

B. You must be the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf.

Employment

You must be an alien who has an approved visa petition filed in your behalf by a United States employer. 
 
Who is Eligible for Employment Based Immigration?

There are five categories of employment based immigration:

First Preference (EB-1 priority workers): workers with extraordinary   ability, outstanding professors and researchers, and certain  multinational executives and managers.

Second Preference (EB-2 workers with advanced degrees or exceptional ability): workers who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.

Third Preference (EB-3 professionals, skilled workers, and other  workers): workers with at least two years of experience as skilled  workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

Fourth Preference (EB-4 special workers such as those in a  religious occupation or vocation): workers who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.

Fifth Preference (EB-5 Employment Creation) You can be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise through an investment.

NON-IMMIGRANT CATEGORIES FOR TEMPORARY EMPLOYMENT 

Employers may apply for Non-immigrant Workers for the following types of workers.

H-1B Specialty Workers and Fashion Models
P-1 Athlete, Entertainment Groups
H-1C Registered Nurses: see www.medicalvisas.com
P-2 Artistic Exchange
H-2 Temporary Labor
P-3 Culturally Unique Artists
H-3 Alien Trainees

Q-1 International Cultural Exchange Program
L-1 Intracompany Transferee

TN Mexican Citizens under NAFTA (Canada is represented below) 
O-1 Aliens with Extraordinary Ability  

There are different procedures for the following categories:

E Treaty Trader or Investor
TN Canadian Citizens under NAFTA (Mexico is represented above)
R-1 Religious Worker  

Nurses For America !
 
GOOD NEWS!
 
The supplemental appropriations bill was signed into law (P.L.
109-13) by President Bush on May 11, 2005. As a result, 50,000
visa numbers are available for nurses.  This is a very significant
number and likely means that nurse immigration will be one of the
hottest opportunities in immigration in the next couple of years.
The United States is experiencing a severe national shortage of nurses.
Currently, there are over 126,000 vacancies for RNs in hospitals across
the country. Now, thanks to the power of the Internet, there is a
better way for foreign-born RNs to immigrate to the United States
together with their families.
 
EMPLOYERS:
Thanks to the new global economy, today's talent pool includes not just U.S. workers, but workers from around the world.That's why a comprehensive recruitment plan often features an immigration component to deal with the regulations governing the employment of foreign workers.

As a health care human resources professional, what aspects of
immigration law do you need to incorporate into your staffing and
recruitment plans? What strategies can help you ensure retention of
foreign-born physicians, nurses, technologists and other professionals? What pitfalls do you need to avoid?
 
See: www.medicalvisas.com  for more information.
Contact: 714-879-8457, 714-817-0017
E-mail: lobolegal@aol.com
Availability: Nationwide
 

 
 
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                                            Judith Marty, Esq.              
                                          714-870-8457
                                              714-817-9089