- Commercial immigration商業移民
- Non-immigrant: intent is not to immigrant
- Immigrant: intent is to become a permanent resident
F1: finish the degree, have one year OPT<engineer is extend to 2 yearsàcause H1B is harder to gain, so they extend the time to issue>
0401: start to issue the H1B visa
US immigration law: if you stay over the time of the visa time, then you automatically breach the law. 觸法
- Obama’s thought is that, them won’t jail you only for this, unless you breach other laws.
When you enter other people’s house, you need a key<I94> to open the house, your stay could only stay when the I20.
- (visa privilege)可能會被取消
H1B have only 3 year, and you can ask for an 延期; so totally you have 6 years to get the citizenship
EB1: for rich people; or IQ highàno visa issue limit
Based on where you birth, not what kind of citizenship, passport you have
If PhD want to have EB1, you need to issue approval, like how many papers you have issued and how many people cite you.
- no need to find the employer.
EB2: have the limit of birth place
I 140: So you have to stay at the same place
*Employer could help you get the green card.
***What kind of stuff and gov. you have to deal with:
Department labor and Department of Home Land Security
- Need a labor certificate(勞工職，與美國勞工局開始鬥); we have to present the paper (burden of prove舉證責 任 to prove that no other people could do this jobà你必須要登廣告來表示沒有美國人符合這工作需求，只有我（外國人）可以做；廣告要登在on 2 Sunday paper; career section;在紐約州的勞工局登廣告３０天；要請律師來寫廣告詞；不能寫說要有第二語言if you write this, the liberal department will audit the employer<RFD>, ask you to present logical reason, this process make take you about 2 years；the advertisement need to write very general that American won’t be discourage.)
- EB has no interview, everything is through paper work.
Q: Once the advertisement is on the internet, what the employer going to do? Do they have to issue a job interview? But if the people go to the job interview, and find out they require a second language which they didn’t write on the job interview, they can file the law suit, right?
-->A: So you have to be very careful in the interview session.
-->OS: If lots of interview is set up based on these situations, then it's so bad for most people, cause all the job is already taken.
Premium processing: you pay the USA government more money to ask them to speed up the process. **if you didn’t been chosen form the gov., then you have several choices: a. apply for anther degree(continue study); b. go to other country, like Canada; c. change the vise type(it’s actually not easy, so don’t try this one)
àif you breach the American immigration law, then you will be detained
<1 year: then you cannot get back in America for 3 years
>1 year: then you cannot get back in America for 10 years
If you try to come back to America after you have been prohibited for 3 or 10 years, normally illegal immigration, then once you got caught, then you will be in Federal court.
- Apply for H1B（一年６萬五千個核准機會）, you don’t have to be in USA. There is no influence.
- Once you have process the H1B, and get chose; then you don’t need to be H1B again.
- Non-for-profit非營利，不受到visa cap的限制；但private company 就要去H1B;
- Depending on how many employees the company has, the fee is different. For example, for company have over 25 employees, the fee should include lawyer’s fee and application fee: 1500+500+1000. 申請費用非常貴But if the company is smaller, less then 25 employees, the fee will be lower. 不過如果是非營利單位，會比較便宜，可能是需要付500美金的申請費。所以通常雇主會從你之後的薪水來扣。
- LAWYER RECOMMEND: don’t have to talk about H1B first, cause they probably don’t want to pay the fee first.
- Once you get the 勞工職, you will continue to apply for green card in 6 months. (start to deal with 國土安全局, cause you are in land now, you are been controlled by 國土安全局) **but if you are not in USA right now, then you deal with AIT. Once AIT approved, you can go to America and become a permanent resident.