By itself, the H-1B visa does not provide a direct path to permanent resident status (green card) in the United States. In other words, something else has to happen in order for an H-1B foreign national to become eligible for a green card. While generally we think of the employment-based path for H-1B visa holders, there are various ways through the H-1B green card process.
The H-1B is a nonimmigrant visa. Essentially, that means it’s temporary. A foreign national working in the United States on an H-1B visa may Continue reading
The J-1 home residency requirement can be a major obstacle for J visa holders trying to adjust status to permanent resident or change status to another nonimmigrant visa. J visa holders should initially determine if the regulation applies to them. In some cases, a waiver is available.
After satisfying the J-1 home residency requirement or obtaining a waiver, foreign nationals subject to the requirement can generally file Form I-485, Application to Adjust Status, if they are otherwise eligible. Continue reading
The United States has long been a destination for economic opportunity. Immigrants have a significant history in American business as contributors and creators. They have labored in fields and factories, and immigrants have also built some of the largest U.S. businesses. There are many types of U.S. work visas and other statuses that may provide employment privileges in the United States. The rules for each can vary.
This is not a comprehensive list of all possibilities, but we’ve compiled a list of some of the more popular U.S. work visa types. Continue reading
If you’ve already moved to the United States or if you are planning to move to the U.S., there are actions you can take to get your tax affairs in order. It’s important to plan your finances before you become liable for U.S. taxes or find the U.S. trying to tax your worldwide income.
If you’re planning to stay in the United States for an extended period, it’s best to know what your tax status would be and plan accordingly. If you are planning to immigrate, Continue reading
Whether you are a temporary nonresident alien in the United States or you’re planning to move to the U.S. permanently, there are actions you can take to get your tax affairs in order. It’s important to know your tax resident status and what specific tax obligations some with your situation.
Planning your finances before you become liable for U.S. taxes or find the U.S. trying to tax your worldwide income can save you a significant amount of money. Continue reading
For immigrants arriving to the United States, the American tax system can be a very new and confusing concept. In fact, the U.S. tax system is so complex that most natural-born Americans have difficulty filing each year. As a general rule, U.S. tax law applies to you if you live in the United States or spend a significant amount of time here.
In the United States everyone with income above certain levels is expected to file a tax return. That’s not true in all countries around the world. In many countries, the government withholds taxes from paychecks, and the individual never has to directly file an income tax return. The Internal Revenue Service (IRS) is the U.S. agency responsible for collecting taxes.
Whether you are a lawful permanent resident or an undocumented immigrant, it’s important that you get a basic understanding of your tax filing obligations. Continue reading
Immigration law (INA §245) allows certain foreign nationals who are physically present in the United States to adjust status to permanent resident (green card holder). A foreign national may not be eligible to file Form I-485, Application to Adjust Status, if one or more bars to adjustment applies. Bars to adjustment of status are rules that exclude certain individuals that have committed a particular act or violation. They are factors that can disqualify an applicant. Many applicants get a Form I-485 denial as a result of bars they didn’t realize existed.
Some of the most common statutory bars to adjustment that result in I-485 denials include:
- Unlawful status
- Failure to maintain status
- Unauthorized employment
Affordable health insurance options are available for immigrant families. Whether you’ve recently arrived in the United States or are a long-term permanent resident, the U.S. health insurance market has options for you. In fact, the choices are largely the same as for U.S.-born insured. Unfortunately, 17% of lawfully present, non-citizen immigrants are uninsured according to a recent study. That’s almost twice the rate of uninsured U.S. citizens.
The United States offers some of the highest quality healthcare in the world, but that quality comes at a price. Health insurance is a way to manage the cost of healthcare, keeping it more affordable. Health insurance companies collect premiums and pay out eligible benefits. They help families pay for preventive care like routine check-ups and treatment for illness and injury. Continue reading
Although it isn’t a military secret per se, MAVNI is a small and very exclusive program that benefits immigrants and the U.S. military. Military Accessions Vital to the National Interest (MAVNI) is a special recruiting program that has been available to certain immigrants interested in joining the U.S. military. Generally, immigrants must be permanent residents to join the military (see Military Enlistment Requirements); once enlisted these green card soldiers can take advantage of expedited citizenship. However, MAVNI allows certain non-citizens in the United States to join the military and thereby gain eligibility for U.S. citizenship without first having to go through the lengthy process of obtaining a green card. Continue reading
Many people want to come to the United States to work, but not everyone can. Foreign nationals must have employment authorization before accepting work in the United States. In fact, both employees and employers may be subject to fines or imprisonment for illegal employment arrangements.
To work in the United States, a foreign national must have one of the following:
- A Permanent Resident Card (also known as a Green Card)
- An Employment Authorization Document (U.S. work permit) or
- An employment-related visa which allows you to work for a particular employer.