8 Secrets to Avoid Immigration Disaster For Your Business

Secret #1 - Put it in writing. Develop an easy to follow written immigration policy including the basics of Form I-9 preparation, the I-9 storage and retention rules and a summary of both the federal and state immigration rules. Include procedures to investigate any claims of unauthorized employment or fraudulent documents submitted during the I-9 process.

Secret #2 - Train, train, train! While a well written training manual is a great roadmap, you must take it for a test drive to know whether it will lead you to successful compliance. All employees responsible for hiring or completing the I-9 forms should be trained and re-trained at least once a year.

Secret #3 - Audit. Check and double check! Employers must periodically verify their I-9 forms are in proper order and personnel are complying with the I-9 requirements. A systemized audit is the best way to do this. An internal self audit of the I-9 forms by experienced HR managers on monthly, quarterly or bi-annual basis is recommended. Also, hire an immigration attorney to conduct an I-9 audit annually. The attorney will know how to identify, edit and correct I-9 form errors and recommend improvements for I-9 compliance and training.

Secret #4 - Enforce the rules. Your company is not protected by a compliance policy that is not followed. Require individuals with I-9 oversight to strictly compliance with your policy and hold them accountable if they do not.

Secret #5 - Investigate reports of violations. Employers must develop and implement a nondiscriminatory, consistent, and effective process to investigate credible reports from individuals who allege unauthorized employment, document fraud or identity theft. Considering that ICE audits are often triggered by "tips" from concerned citizens, a prudent employer must take seriously any tips it receives.

Secret #6 - Require I-9 compliance from subcontractors. A company is not required to monitor I-9 compliance of its independent contractors unless the company knowingly uses the contractor to hire unauthorized workers or knows the contractor hire unauthorized workers. To avoid any charge that your company knew of sub-contractor violations, take steps to use only compliant contractors. With the help of an immigration attorney, a cautious business may include contract language holding the contractor responsible for their own immigration compliance and reserving the right to cancel a contract if the contractor is found to have violated immigration rules.

Secret #7 - Use E-Verify with caution. E-Verify is an internet-based program that was established to allow Employers to verify workers' employment eligibility with the DHS and SSA. E-Verify is not a substitute for the I-9 process and does not guarantee compliance or provide your company with protection against audits or claims of discrimination. Before taking any action against an employee based upon E-Verify results, consult with an immigration attorney.

Secret #8 - Consult an immigration attorney before taking any action against an employee. An employer must balance both the verification and anti-discrimination rules of immigration law. While there is never a guarantee against a lawsuit or prosecution, Employers must consider both these rules to avoid any claims of misconduct. A knowledgeable immigration attorney can help you manage these risks, update you on any changes in the law, and advise you as to the lawfulness of termination before you take that step.

This information is provided as an educational service by Ann Massey Badmus of Badmus Law Firm. If you have questions about immigration rules that challenge your business, you are invited to call or email me at 888-849-9104 or visit my website at http://www.badmuslaw.com.
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New VETASSESS Assessment Criteria For Australian Skilled Migration

VETASSESS is the main skills assessing authority for professional (50-point) and associate professional (40-point) occupations for the purposes of General Skilled Migration (GSM) and Employer Nomination Scheme (ENS) applications.

Currently, applicants require a qualification comparable to an Australian bachelor degree to pass skills assessment in a 50-point occupation, or a qualification comparable to a diploma for a 40-point occupation. There is currently no requirement that the qualification be in a discipline related to the occupation in which the assessment is sought, nor is any work experience required for skills assessment purposes.

From 1 January 2010, VETASSESS will be changing their assessment criteria for all applicants. All applicants will be required to:

1. Hold a qualification which is assessed at the required educational level in a highly relevant field of study to the nominated occupation and

2. Have at least one year of relevant work experience.

For recent graduates who have studied in Australia and who intend to apply for the Skilled Graduate subclass 485 visa there will be a 2-stage process.

The first stage will lead to a skills assessment which can only be used to support the 485 application. To be eligible applicants must:

Have completed Australian studies within the previous 6 months and

Hold a qualification which is highly relevant to the nominated occupation.

Once the applicant has at least 12 months of work experience in the nominated occupation, applicants would then apply for the second stage assessment which can then be used for permanent visa applications (ie General Skilled Migration (GSM) and Employer Nomination Scheme (ENS) visas). This change further disadvantages international students who study at university in Australia versus their colleagues who study trades such as commercial cookery or hairdressing. Trade applicants obtain 60 points for their occupation and only need to complete a 1-year Certificate III and show 900 hours of work experience to qualify for skills assessment in their occupation. University graduates generally only obtain 50 points for their occupation, unless studying in a 60-point occupation such as IT, teaching or accounting.

The new VETASSESS assessment requirements require students to have 12 months of work experience in their occupation - this is very difficult to obtain whilst in Australia on a temporary visa. This may lead to further integrity issues with the general skilled program similar to the fraud issues which have arisen due to the 900 hours requirement for trade occupations.

People who apply before 31 December 2009 will be processed under the current guidelines, providing the relevant documentation is provided to VETASSESS. If you are looking at applying for skills assessment in a 40- or 50-point occupation, it is critical that you apply prior to the end of 2009 (preferably by the 18th of December), otherwise you may not meet the new VETASSESS requirements.
For more information on the subclass 485 visa click here
Mark Webster is the Director of Acacia Immigration Australia and President of the Migration Institute of Australia (MIA) NSW and ACT.
Read the original article here: http://www.acacia-au.com/new_vetassess_assessment_criteria_Jan2010.php

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Emigrating to Australia - Visas

Many people emigrate to Australia every year. According to a survey, over 150,000 people emigrated from the UK to Australia or New Zealand in 2008. First you will need to find out whether you are eligible for a visa. There are a number of visas you can get to allow you to emigrate to Australia.

Broadly, the visas fall into the following categories:

• Skilled migrants
• Entrepreneurs and business people
• Investors
• Family sponsorship
• Working holidays

Skilled migrants

Skilled migrant visas fall into three categories: independent, sponsored and regional sponsored.

If you are a skilled tradesperson, for example an electrician, plumber, builder or the visa option for you is probably the skilled migrant route. Similarly, if you are trained in the medical profession or are in middle or senior management, finance or IT then you may be eligible for the skilled migrant route.

Eligibility will be judged against the Australian Skilled Occupation List (SOL), which is a points system based on the occupations that are needed in Australia.
Entrepreneurs and business people

If you are looking to buy or start a business in Australia and have at least two years experience in running a business, or you would like to invest a substantial amount in purchasing a business, then the route for you is Business Investment.
The Business Skills Program is divided into four categories:

• Business owner - for owners or part-owners of a business
• Senior executive - for senior executive employees of major businesses
• Investor - for investors/business people willing to invest in Australia
• Business talent - for high-calibre business people who have sponsorship from a State/Territory government

Family sponsorship

If you have family in Australia, depending on your circumstances, it may be possible for your family to sponsor you.

The following people can apply for family sponsorship to emigrate to Australia:

• Spouse/spouse-to-be/same-sex partner
• Child/orphan relative/adopted child
• Parent
• Other dependent family member

Working Holiday

Those aged between 18 and 29 who wish to work temporarily in Australia can apply for a working holiday visa. With this visa you can work for up to six months for an employer in Australia and you'll need to do a minimum of three months' agricultural work.

Emigrating Solutions is a British-based migration agency with offices in Australia and Canada. Our specialised migration lawyers can advise you on all aspects of the application process for emigrating to Australia. Unlike most other migration agents we do not charge large upfront fees and we offer a free telephone consultation/evaluation of your circumstances.

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Immigration to Australia - Employer - Sponsored Temporary Visas

Skilled laborers can easily apply for immigration and work in Australia on a temporary or permanent basis. All you need to do is look for an Australian employer willing to sponsor you. The company must be a lawfully operating Australian or overseas employer.

A temporary visa is divided into five subclasses. People seeking immigration to Australia on a more permanent basis can use a temporary work-sponsored visa as a stepping stone.

1. Business Long Stay Visa - Subclass 457 or the Standard Business Sponsorship. It can let visa holders work in Australia for a period of three months to four years. There is no limit to the number of time the visa holder can travel in and out of Australia.

2. Service Sellers - For representatives of overseas suppliers of services. The visa holder is allowed to work in Australia for six to 12 months. The reason to stay is for negotiations or to enter into agreements to supply services - not products -- in the country.

3. Medical Practicioner - Subclass 442 allows foreign doctors and nurses to work in Australia for as short as 3 months to as long as 4 years. Aside from the cost of the visa, the applicant also needs to shoulder additional costs such as medical examinations, translation of documents, providing penal certificates for stays of over 12 months.

4. Educational Visa - Subclass 418 allows education workers to stay up to four years at a time. The sponsoring company must be an Australian tertiary education or research institution. This is for academics, librarians, technicians, lab demostrators, graduate school researchers or teachers.

5. Labour Agreements - Good fro 2 to 3 years, this visa allows both temporary and permanent immigration to Australia for work. These are formal agreements to recruit a set number of overseas skilled workers.

The temporary employee-sponsored visa gives holders the best of both worlds: you get to spend time in Australia while deciding on what you want to do at the same time, you can earn money.

National Visas offer the best services that people might have ask. If you stumble upon this site you can browse the services that certainly will be veryhelpful and useful. People can choose from tourist visa, student visa, travel visa,visitor and work visa whichever they suppose to process. So if you want to applyfor these Visas you might want to check this site first to get enough informationbefore gathering all your requirements.

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US Visa Thailand - 221g, 214b, Administrative Processing, and Visa Applications

Unfortunately, United States visa applications can be delayed at a US Embassy or Consulate overseas. That being said, understanding the reason for the delay can often be a key factor in getting overcoming the impasse. This article attempts to explain the reasons for delay and possible solutions.

This writer mostly has experience interfacing with the US Embassy in Bangkok, Thailand, thus his experience is limited to that post. With this in mind, it should be noted that other United States Diplomatic and Consular posts may process applications differently. In a sense, each Embassy or Consulate is unique from an administrative standpoint.

A 221g denial (221g denotes the corresponding section of the United States Immigration and Nationality Act) is officially classified as a "refusal," by the US Department of State. Usually, this type of request is simply issued to fulfill evidentiary requirements of the visa application. The Consular Officer adjudicating the case generally issues such a denial if there is insufficient evidence to make an informed decision. In most cases, if the deficiency is remedied, then the visa will be issued.

A 214 (b) denial is a more factually based denial. It is a denial issued in non-immigrant visa cases pursuant US Immigration regulations. Essentially, this is a refusal based upon the officer's belief that the applicant hasn't surmounted the statutory presumption of undisclosed immigrant intent. Essentially, this denial means that the applicant failed to show sufficiently "strong ties" to the country of origin, or another country outside of the USA, which would necessitate the applicant's departure from the United States.

Administrative processing is not a denial in the strict sense of the word. Instead, an application for a US visa is placed in administrative processing if the Consular Officer believes that more investigation is necessary to vet the evidence in the case. Generally, applicants try to avoid administrative processing as it can greatly delay a final decision regarding the visa application. The best way to avoid administrative processing: present a well documented case from the outset.

Finally, the Fraud Prevention Unit is a section of most United States Embassies and Consulates that is tasked with detecting material misrepresentations in visa applications. Most cases are not brought to the attention of the Fraud Prevention Unit, but it is essential in any application to be truthful and honest when presenting documentation or oral assertions to the US Embassy. Lying to the US Embassy can result in criminal sanctions and/or denial of United States Immigration benefits for a long period of time.

In the experience of this author, the staff at the United States Embassy in Thailand is polite, efficient, and hardworking. In many cases, the above described denials are based upon US law and therefore the officers "hands are tied," but the officers do have a great deal of discretion when adjudicating the facts of an application. Therefore, evidence in the form of documentation is crucial and even though an application might be delayed one should not assume that the application has been denied.

Benjamin Hart is an American lawyer and Managing Director of Integrity Legal (Thailand) Co. Ltd. A Thai juristic entity with Amity Treaty Certification. Reach Integrity Legal at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. Learn more at: visa denials.

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USCIS Makes H-1B Visa Site Visits a Routine Protocol

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS' goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS' Office of Fraud Detection and National Security ("FDNS"), published this past September. According to the FDNS' findings, as many as one in five H-1B applications were affected by either fraud or "technical violations" of the H-1B program.


Why should employers care? Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee or other employees presently on site. Any inconsistencies found can mean big trouble for employers.


FDNS has indicated that it does not need a subpoena in order to complete the site visit because USCIS regulations governing the filing of immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. However other sources say that employers are not required to give in to the investigators' demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. CIS has indicated that attorneys can be present during an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit. Attorneys may be present via telephone in these circumstances.


Some common questions that have been raised by employers include: "how are companies selected to be investigated," "if I am visited, should I be concerned," "what type of violations are the investigators looking for," and "how can I prepare for a site visit from a CIS/FDNS investigator?" To address these issues in order, firstly any employer who has filed an H-1B petition can be subject to a site visit. While CIS claims the employers are chosen at random, close to 40,000 employers' names have been selected for site visits. Some factors that may have been taken into consideration when selecting these 40,000 employers include: companies with less than 15 employees; companies with less than $10 million in sales; companies less than 10 years old; accounting, HR, business analyst, sales and advertising positions; and petitions where the beneficiary merely had a bachelor's degree, not an advanced degree.


If your company is visited and your records are in order, you have nothing to worry about. Generally speaking employers are aware of inconsistencies before any investigative agency may catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case may be referred to U.S. Immigration and Customs Enforcement (ICE), or the Department of Labor (DOL) for further investigation depending on the offense. This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.


The objective of the unannounced on-site visits is clear: to detect fraud and abuses of the visa program. According to USCIS, the offenses range from technical violations to outright fraud, with the most common violation being the non- payment of a prevailing wage to the H-1B beneficiary. More specifically, the investigators may be looking for the following types of violations: job location not listed on the H-1B petition and/or LCA; H-1B worker not receiving the required wage; fraudulent H-1B documents or H-1B worker credentials; non-existent business or office location; job duties significantly different from those listed on H-1B petition/LCA; misrepresentation of H-1B status by the H-1B worker (e.g., had been terminated from previous H-1B position prior to new employer H-1B being filed); and H-1B worker paid the $1500 ACWIA fee.


How can you prepare yourself and your company for a possible site visit? Step one is to ensure that you have Public Access Files (PAF) for each H-1B worker, and that the PAF documents are accurate and up to date. In general, it is a good idea to review and audit your H-1B/LCA records to make sure everything is in order and all information is readily available. Designate a specific individual at each H-1B worker location to meet the investigator should he/she arrive. Prepare a quick list of facts about the company and also a listing of H-1B workers, work locations, title and salary information so you don't need to search frantically for this information while the investigator is there. If you are not sure what a PAF is, or if you'd like to have your documents reviewed by legal counsel, you may contact our office at the number or e-mail below.


Learn more About Nachman & Associates, P.C. When traditional immigration approaches do not work, our skilled legal team offers many visa options to meet your immigration goals. Please feel free to contact us at any of our seven office locations, and speak to an associate in one of our 12 languages spoken, including: Spanish, French, Japanese, Korean, Slovak, Czech, Polish, Tagalog, Italian, Russian, Chinese, and German.

To meet a growing demand for Canadian immigration from the United States, in 2005 Nachman & Associates formed a Canadian Division, managed by licensed Canadian legal staff. With offices in Montreal, and Toronto, Canada (as well as in New York and New Jersey in the U.S.) our Canadian Division attorneys are in the unique position to assist with cross-border issues. If you, or any member of your staff, are interested in receiving more information about U.S. and/or Canadian Immigration options, please contact our offices at 201-670-0006 (x100) or e-mail to us at info@visaserve.com.
Website: http://www.visaserve.comNachman & Associates, P.C.David H. NachmanManaging Attorneyemail: david_nachman@visaserve.com phone: 201-670-0006 ext. 100
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What Will it Take to Become a UK Citizen in the Near Future?

The first part of this reform was established in July 2009, and there is currently public consultation going on that considers including new points based elements in the qualifying criteria sometime before approving the naturalization of a foreign person.


The reforms present important restrictions to the activities of migrants who want to become citizens and most probably will impact whether these people will be ready to travel for business or other reasons in representation of a UK company.


The second part of the reform asks for several changes in UK citizenship law, and includes the new 'path to citizenship'. Most of the detail of this new path will appear in future immigration rules and guidance, but it includes the following points:


- The indefinite leave to remain will be substituted by the probationary citizenship, which is really an extra period of limited leave to remain before applying for either citizenship or permanent residence.


- Migrant workers could be required to be in uninterrupted employment during the probationary citizenship period.


- The migrants on probationary citizenship will not be able to access certain public funds and will not be regarded as settled under immigration UK law and for nationality law purposes.


- The period of the probationary citizenship stage will be between one and three years for the migrants who later apply for citizenship, and between three to five years for the ones who later apply for permanent residence.


- The period of the probationary citizenship stage can be reduced if the migrant meets an 'activity requirement' that deals with getting involved in voluntary activities, nevertheless, the details on how to do this are not known yet.


- The migrants who want to apply for permanent residence or citizenship must hold leave/status in specific qualifying immigration categories.


- The maximum permitted absence time during each year of the qualifying period will be ninety days, however, there can be extenuating reasons that will have to be studied.


The new 'path to citizenship' is planned to begin in July 2011, with transitional protection of as far as two years for the migrants who have applied for indefinite leave to remain by the time it starts.


Migrants and employers should be concerned, because the policy regarding treatment of excess absences will most probably not be available before mid 2010, and no one knows if the policy will be applied with hindsight.


Migrants who want to protect their eligibility to apply for probationary citizenship, naturalization, and/or permanent residence may have to avoid leaving the UK for more than ninety days per year until the policy is finalized. This will certainly impact the hiring decisions of UK employers that need to send employees abroad to work on global projects, or who offer international work positions or programs.


If you liked this article about immigration UK law, tell all your friends about it. They'll thank you for it. If you have a blog or website, you can link to it or even post it to your own site (don't forget to mention ukmigrationlawyers.co.uk as the original source).

http://www.ukmigrationlawyers.co.uk/
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Hiring a Foreign National - Understanding Visa Programs Available

Work visas authorize employment in the U.S. on a temporary basis. The process should begin about five months before the employment start date of the foreign national employee. While there is a vast array of temporary work visas available below are the ones with which you, as the prospective employer of a foreign national, will most likely require:



1. H1-B Visa - This visa is for specialty occupations, It requires applicants to have a college degree. Approximately 65,000 H1-B visas are issued annually.



2. H2-B Work Visa - This visa is issued to skilled and unskilled workers in non-agricultural jobs. Approximately 66,000 of these visas are issued annually.



3. H-3 Trainee Visa - As the name implies these visas are issued to foreign national who will be employed in on-the-job training programs. The H-3 is available for up to a two-year period in a variety of industries, provided the type of training is not available in the prospective foreign employee's home country. There is no limitation on the number of H-3 visas that are issued in the U.S.



4. J-1 Exchange Visitor Visa - These visas are available to foreign nationals who are sponsored by a school, business of other organization for employment such as an au pair/nanny, summer camp counselor/staff and medical resident/intern type work.



5. L-1 Intra-Company Transfer Work Visa - These visas are available to current foreign national employees of multi-national U.S. companies who are needed to work for the same company but in the U.S.



If a foreign employee has a U.S. permanent resident card (green card), the employee is treated as a U.S. resident for all employment-related issues and is subject to income tax on their worldwide income. If the foreign national is already in the U.S. on a work visa, for a current employer, you may be able to transfer the work visa to your company.



Tom is a Certified Public Accountant, a Certified Financial Planner, CLTC (Certified Long-Term Care) and President of Cerefice & Company, the largest CPA firm in Rahway, New Jersey. Tom works with clients helping them manage their money, retirement planning, college savings, life insurance needs, IRAs and qualified plan rollovers with an eye towards maximizing tax benefits and minimizing taxes. Tom is founder of the Rich Habits Institute and author of "Rich Habits".



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How We Can Apply For A Denmark Green Card

How We Can Apply For A Denmark Green Card
By Ajay S Sharma

Danish Green Card: Denmark's point based Immigration scheme

The United Kingdom, Canada, Australia, New Zealand and Denmark welcome skilled professionals against Points based immigration systems. Denmark Green card holders get a three-year residence permit for the purpose of seeking work, and subsequently living and working, in Denmark. A residence and work permit under the Green card scheme is issued on the basis of an individual evaluation using an immigration point system designed to assess the likelihood that the applicant will be able to find qualified work in Denmark. Points are given for educational level, language skills, work experience, adaptability, and age. Program offers bonus points to the immigrant applicants who have worked in EU or have earned European educational qualification. Only applicants whose occupations are in shortage in Denmark and are mentioned in the positive list can apply for Danish Green Card.

Immigration Denmark Green Card- Accompanying spouse and children

If you hold a permit under the Denmark Green card scheme, your spouse, registered partner or cohabiting partner, as well as any children under the age of 18 who are living at home with you, are also eligible for residence permits. Your family members must be able to support themselves and you must live together in Denmark at the same address. Your spouse, registered partner or cohabiting partner is allowed to work full-time for the entire period his or her permit is valid.

Immigration Denmark Green card - Duration

A residence permit under the Green card scheme can be granted for up to three years with a possibility for extension of up to four years. Your residence permit can only be granted or extended up to three months before your passport expires. This means that if your passport expires in 12 months, you can only be granted a permit for nine months, or your permit can only be extended by nine months.

Immigration- Denmark Green Card Extension

Your residence permit can be extended by four years if you have worked for the past 12 months for a minimum of ten hours per week. Your residence permit can be extended by one year if you have lost your job through no fault of your own (e.g. due to cutbacks) no more than three months before applying for an extension, and if prior to this, you worked for 12 months for a minimum of ten hours per week.

Denmark Green Card- processing delays

Denmark green card carries a processing delay of 30-60 days from the date of filing the complete application with all required documents. An application for a Denmark Green card residence permit is considered complete if the Immigration Service does not need to request CIRIUS - a body under the Ministry of Science, Technology and Innovation - to evaluate the applicant's educational level. CIRIUS is normally requested to evaluate an application if an applicant who attended a foreign educational institution has not included a CIRIUS evaluation as part of the application. Once CIRIUS has provided its evaluation, the application will be considered complete and processed within one month. The Immigration Service will inform applicants whose applications have been sent to CIRIUS for review.

Denmark Green Card - Required documents

* Translation: ANY document that is in language other than English and forms part of the application should be and is requited to be translated by a locally state or city authorized translator. He will translate and attest the translations to be true and also provide his registration certification copy as an authorized translator.

* A copy of passport of all family members who are part of the application is required. The copy should include COVER of the passport and ALL pages of the passport.

* Documentation of educational level (diploma, examination certificate): Please note that documents provided should include all degrees/diplomas and mark sheets. They are required ONLY for post senior secondary qualifications, which will means graduation, post graduation and doctorate. In addition, it is required that applicant provides the Full address, email and phone number of the educational institution. The applicant should also provide name, phone and email ID of two officials of the Educational institution.

* Documentation of work experience (statement from previous employer); this will be reference letters from employers that contain all relevant details like date of joining and relieving, designation(s), duties and responsibilities- on the lines it is required for Australia and Canada.

* Documentation of language skills (diploma, test results and/or statement from previous employer).

* Documentation that you can support yourself during your first year in Denmark. This can be provided in the form of a bank statement in your and if married, in spousal name.

The currency of Denmark is Danish Krone (Dkk) and 1 Dkk is around INR 9.20.The form of government is a parliamentary democracy with a royal head of state. Denmark is a developed industrialized country. Denmark is a member of the European Union. The population stands at c. 5,511 million and 85% of the population lives in towns.

This article has been contributed by Ajay Sharma, principal Immigration consultant of ABHINAV.

ABHINAV is among the oldest and most trusted Immigration consulting companies in India and in business since 1994. Over the years, ABHINAV has guided thousands of prospective immigrants and families in achieving their relocation dreams.

For more information on immigrating to Denmark as a skilled worker, please see the Denmark section of our website.

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A Comparison Between EB-5 Visa to USA and Canada Immigrant Investor Program!

A Comparison Between EB-5 Visa to USA and Canada Immigrant Investor Program!
By Ajay S Sharma

EB-5 preference category was created in 1990 for immigrants seeking to enter the United States to engage in a commercial enterprise that will benefit the U.S. economy and directly create at least ten full- time jobs. The minimum qualifying investment amount is $500,000 for commercial enterprises located within a rural area8 (or targeted employment area) and is otherwise $1,000,000.

Under the Canada Immigrant Investor program, introduced in 1986, foreign business persons establish eligibility by proving that they have identified managerial / business experience during two out of last five years preceding the filing of application, a net worth of at least CDN $800,000, and by affirmatively expressing that they are willing to deposit CDN $400,000 into designated government guaranteed securities for a period of five years.

Passive versus active Investment

Unlike the EB-5 program, the Canadian Immigrant Investor program is a PASSIVE program: a qualifying investor is not required to open a business, or hire and manage employees. Rather, the investment itself is assumed to spur significant economic activity and create jobs. In fact, post visa issuance, the applicant can carry out any activity in Canada, including but not limited to doing jobs and living off additional passive investments. Of course, he can do active business as well. If he does business, there are no restrictions on geographical area and location and nature of commercial activity and on any minimum number of employees that business must employ.

EB-5 program is NOT a passive investment program and is in fact expected to create proven employment that is generated through a viable and registered commercial enterprise. The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, which is properly structured and that conforms to the Uniform Limited Partnership Act. Having said so, this program is used by professionals, businessmen, people planning their children's education and attend US colleges and Universities and seeking a good quality of life or seeking retirement in the USA. The EB-5 visa is a highly flexible program and permits the investor to what he wants, including seeking employment in USA.

Stage and timing of investment

Canadian Immigrant Investor program require investment AFTER the applicant's documents and applications forms and narratives/ declarations as regards net worth accumulation and business experience have been reviewed by the Visa offices and he has been out through a selection interview. Making payments for immigrant investor program has its own costs, especially foreign exchange transactions and transfer costs not to talk about the need to liquidate once net worth and assets to arrange for liquid funds required for transfer. Thus, from applicants view point it makes sense to make funds transfer- to meet the requirements of qualifying investments- after his application has received provisional approval.

EB-5 case procedures requires an investor to FIRST make a qualifying investment, and then file a Form I-526 petition (and supporting documents) with USCIS. After this the U.S. Department of State's National Visa Center will process the EB-5 immigrant visa through the local U.S. consular post with jurisdiction over the place of residence. The EB-5 immigrant visa is used to enter the United States, which commences the two-year conditional lawful permanent resident status. The applicant must thus be prepared for situations where - if his application is denied - he would have incurred irrecoverable expenses on foreign exchange transfer and then return. He might also have disposed off some valuable asset to arrange liquid funds in the first place and would be required to look for new investment assets. He should factor in expenses and costs and losses that he might incur while going through sale and purchase of assets. From the time that he makes the investments and time he receives the money back, he will need to factor in the lost interest in the process. In addition, he would loose the fee the he would have paid to the lawyer for applying for the application in the first place!

Conditional Versus unconditional green Card

EB-5 Visa is a conditional green Card and to start with, he will only get a two year conditional lawful permanent residence status. During the interim period he should be able to prove that the commercial enterprise in which his funds were invested met the conditions- especially related to creation of 10 new jobs on an ongoing basis. Should he not be able to meet the conditions, he will be asked to leave the country. This uncertainty about the likely continuity of the status is one of the key reasons why less than 10% of the annual quote for EB-5 category is used every year.

Successful applicants for Canada Immigrant Investor program get UNCONDITIONAL permanent resident status from day one of landing. It is comparable to the status the applicant gets under EB-5 program, after two years and subject to removal of conditions attached to his visa. The program is thus more certain and enables the applicant to appropriate plans vis-à-vis family and business relocation or expansion and also new investments.

Minimum investment

The minimum amount of investment required under the EB-5 program is USD 500,000 and under the Canada Immigrant Investor program it is CAD 400,000. At current exchange rates, it implies that the investment required is almost 50% more under the EB-5 program.

Loan Facility by Financial Institutions

The Canada Immigrant Investor program permits mandated financial institution to provide loan facility towards meeting the investment requirements. The program permits to make a margin money payment of as low as CAD 120,000 and balance being financed by financial institutions. This creates an excellent opportunity for the applicant as it enables him to meet the program requirements at least opportunity cost.

Documentation

When compared with Canada Immigrant Investor program, the documentation requirements are more extensive and subjective under the EB-5 program and persistent request of evidence- after filing of application- leads to inordinate delays in its processing.

Costs, extent of loss or opportunity of profit

The investment under the EB-5 program is an actual investment in a running commercial enterprise. The investment is subject to normal business situations and the enterprise may or may not make money. If the business looses money, the investor will loose his share of money as well. There is no limit to the amount of money that the business and therefore he may loose. Of course, he will make money if the business makes money. In such a case, there is no limit on the amount of money that the business and therefore he may make. The bottom line is that the investor applicant must be prepared to either of the situations.

Canada Immigrant Investor program has costs that can be identified. The applicant makes an interest free investment of CAD 400000 and the interest that he looses becomes his cost. When he goes for the finance option, the interest that he pays on the financed amount becomes his cost. Either way he knows his cost for taking residence visa under this program.

Administrative fee

In case of EB-5, Majority of the regional center investments require the applicant to pay an administrative fee of (normally) around USD 50,000. This is besides the investment of USD 500,000. In case the application is refused, for any reason, major part of this fee and in some case the entire fee paid under this head is non-refundable.

Under Canada Immigrant Investor program, the applicant incurs costs towards application processing fee to Governmental offices. A typical family consisting of applicant, spouse and two dependent children may incur a cost of around CAD 6000. This fee is non-refundable. In addition he may incur a professional and consultant fee expense of around CAD 5000. Majority of reputed consultants refund this consulting fee - in full or majority - if the application is refused.

Dependent definition

USA permits dependent less than 21 years to be considered as part of the application under EB-5. Canada permits dependents less than 22 years to be part of the application. Canada permits dependents above 22 years to be part of the application so long as children are full time students in a accredited and Government recognized institute

Summary

In Brief, both are good and attractive program but over the years Canada Immigrant Investor program has become more acceptable due to its simplicity and established procedures. Decision making is easier for the case officers due to available past precedents to refer to and compare new applications with.

EB-5 program is still evolving and is preferred route for extreme high risk wealthy individuals and families.

Author's rights-This article has been written by Ajay Sharma - referred to as author- known variably as Immigration Specialist, Immigration Consultant and Immigration adviser. The author retains (i) the rights to reproduce, to distribute, to publicly perform, and to publicly display the Article in any medium for non-commercial purposes; (ii) the right to prepare derivative works from the Article; and (iii) the right to authorize others to make any non-commercial use of the Article so long as Author receives credit as author and the user in which the Article has been published or cited mentions author as the source of information that makes part of thus article. No copies can be made or any part of this article used for commercial purposes unless it is done against expressed permission of the author.

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What You Need to Know About US Tourist Visa Application

What You Need to Know About US Tourist Visa Application
By George Londob

While it is easy for Americans to come to Thailand for a holiday, Thais and other nationalities have to undergo a thorough procedure in obtaining a tourist visa that they may be able to enter the US for vacation.

Nature of a Tourist Visa
Obtaining a travel permit to visit the US proves to be very difficult to obtain particularly for ordinary Thai applicants relying on the invitation of their American friends, fiancé, spouse or relatives. The US government's rigorous immigration procedure may be accounted for their inherent assumption when dealing with non-immigrant visa applications. The officer when evaluating the application immediately assumes that the tourist visa applicant who is seeking admittance to the US is in fact eyeing for a permanent stay in the country.

As such, this assumption needs to be overcome successfully by the applicant in such a way that he/she will be issued the necessary entry permit. However, it's important to note that the application is evaluated subjectively and its approval or denial is entirely on the discretion of the officer evaluating the application. This is the reason why compared to other entry permit types a tourist visa has a lower success rate. It is also the reason why an application is still denied despite the applicant's providing all the necessary requirements to substantiate his/her visit to the US.

Preparing for the Application
As the evaluation of the tourist visa application is solely based on the applicant's capacity to prove that he can support himself financially through out his stay in the US and that he comes back to Thailand after his allowed visit, it's a must that the applicant has the following qualifications in support of his entry permit application. First would be a decent and a stable job in Thailand.

An employment letter or contract, income tax and pay slips are some ways to substantiate this. A 6-month job stint might not be enough to establish the stability of your employment but it's definitely better than nothing. A job involving prostitution or working in a bar or night club doesn't add appeal to your application so it might not be good declaring it. Second, you have to show assets and properties in Thailand. Assets can be in the form of cars, a piece of land, a house among others. Land or House Title deed, Mortgage agreement, Car registration certificate and other documents can be submitted to prove your possession of these assets. Supposing you own a business in Thailand, you would need to show your business registration certificate, income tax, balance sheet among others. A savings account with substantial amount of deposit in it could also serve as one of the evidence to prove your financial capability.

You can ask your bank for your latest 6-month bank statements or you can show your passbooks for this matter. Just a note on the savings account, having a big money in your bank account doesn't guarantee a successful application though it helps establish your financial status. However, if your sponsor abroad plans depositing an amount of money in your bank account just to show that you have money, make sure that the funds have been deposited discretely not in a lump sum as this will be obvious.

Finally, if you have your family or children in Thailand, then you can mention them as your dependants to support your visa application. Don't also miss to provide an outline of your itinerary detailing the whereabouts of your trips i.e. accommodation and places to visit. What if you don't have most of the above qualifications as you rely on the sponsorship of your American relative, boyfriend or friend? This would considerably make your chances even more slimmer. However, you can still proceed with the application. As mentioned above the approval or denial of your application is entirely on the discretion of the officer. For family members visiting their relatives or families in the US their situations are viewed differently.

The Application Process
After familiarizing yourself with the requirements and procedure of the tourist entry permit application, you may now start collecting the required documents. You have to collect as many evidence as you can to support your application. If your documents are in Thai, make sure to translate them into English. If you are going to the US via sponsorship, make sure that your sponsor provides sponsorship letter detailing your relationship and his intention to support you while you are in the US. He might need to provide bank statements or employment certificate to validate his good financial status in the US.

When everything is in order you can already contact the US embassy to schedule the submission of your documents and for the interview. The US embassy in Bangkok as well as the US consulate in Chiang Mai accepts and processes tourist visa applications. The processing time normally takes 2-3 business days and the result of the application is issued accordingly. During the interview, be prepared to answer questions like how will you support your stay in the US, what will you do in the US among others. A confident applicant would likely give a better impression on the visa officer than a nervous one. In this regard, you have to anticipate all possible questions that the officer may ask you in relation to your visa application and practice answering them.

Using a Visa Agent

If you want to increase the chances of your tourist visa application getting approved, it might be good enlisting the services of US visa professionals to assist you with this endeavor. You would greatly benefit from their expertise in going over the visa application therefore ensuring better chances for your visa application. Be mindful though about unscrupulous visa agents. Look for the established and registered ones with proven track of record in US visa assistance.

Summary

Obtaining a US tourist visa proves to be a difficult ordeal especially for ordinary applicants. Apart from proper planning and familiarizing yourself with the requirements and procedure, it would also be good to consult with US visa professionals to personally guide you with the visa application. A money you spend for them maybe worth it if you don't need to do the application again the second time.

George M. Londob works as a Business Correspondent for Siam Legal International, Thailand's largest legal service network with offices in Bangkok, Phuket, Pattaya, Hua Hin, Chiang Mai and Samui. The firm has international locations in London and Los Angeles. Siam Legal is a full-service law firm and provides a wide range of legal and visa services. Visit Siam Legal on the web at http://www.siam-legal.com

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Know Why IELTS Test is Essential For Applicants Seeking Immigration Or to Study Abroad?

Know Why IELTS Test is Essential For Applicants Seeking Immigration Or to Study Abroad?
By Ajay S Sharma

Speak to a person contemplating immigration or study overseas and ask them to point out one required step in the entire screening process that they would like to skip. Most of them are bound to answer that they would prefer to escape the IELTS test, if possible. This is because IELTS test not only adds on additional expenses to their immigration procedure but also requires them to devote a good amount of time for the preparation of the test. In immigration to certain destinations and under some specific programs, like Australia General skilled migration program, the immigration programs require that both the principal applicant and their spouse appear for the IELTS test as well. While this makes the Immigration process more expensive and tougher, what applicants do not realize is the fact that IELTS test is only for their benefit. Read further and find out how?

Is it unfair?

There are applicants who excel in the occupational field of their specialisation and find it unfair that the decision on their immigration application is not dependent on their occupational excellence alone but also on their language skills. This is based on the observation that others who might have not achieved the same level of occupational excellence as theirs but have fluency in the English language are granted the immigration visa easily.

Students planning to study overseas have the same concerns. In their opinion, the deciding factor for course and university selection should be the marks scored by them at their school or university level and IELTS puts them at a disadvantage to others who have better language skills.

Importance of IELTS test

So why has the IELTS test become such an integral part of the immigration applications for almost all Immigration destinations and programs? And why are the applicants made to undergo the strenuous IELTS preparation process and spend huge amount of funds in undergoing these tests? More importantly, what we need to think about is, why is it that no options are provided for applicants who are unable to qualify through this test?

Earlier system of assessing English language skills

The reason is that English language skills have always been a key selection criterion under the points based system, from the very start. In the past the Immigration officers used to take one-to-one interview to judge the English language skills of the applicant and decide how many points they would like to credit to the applicant.

But this kind of system created animosities and unfair situations, for both Visa processing office and immigration applicants. There are several reasons why this system of evaluation of language skills of the applicants is replaced by the IELTS test.

Firstly, the immigration processing delays soared high as the visa officers must take all interviews on an individual basis to take the decision about each of the applicant. When seen in context of queues of thousands of applicants, this meant years of additional processing delays. Secondly, this made the language skills assessment highly subjective as it was based on understanding of the visa officer conducting the interview.

Also, in conducting such one to one interviews, the Immigrant applicant could not be tested for all key areas of language proficiency, that includes Understanding, Reading, speaking and listening.

Introduction of IELTS

Need was therefore felt for an objective test that was internationally acceptable, standardised benchmark and assessment tool. Standardisation was very important so as to provide equal opportunity to all applicants. Thus, IELTS became an integral part of the immigration process and applications, especially for skilled professionals, independent immigration, General skilled Migrant and in some cases Green card visa applications as well. IELTS test is thereby based on evaluating applicant's skills in all four components of the language, including speaking, listening, understanding and reading.

IELTS is thereby also made an important requirement for students who opt to study overseas to majority of popular destinations, like Canada, Australia, UK, USA and New Zealand. Language is clearly one key area that can and does create difficult situations, especially when applicants do not have English as their primary language and have never had exposure to international language accents.

For students who are not very fluent in the language, it can literally turn out to be a nightmare as they land in a course and university where they cannot understand the instructions and are unable to communicate with teachers and rest of the peer group. Add to that, the expenses of staying away from home along with expensive overseas education.

The IELTS test thereby gives an opportunity to all such immigrants to avert any such difficult situation and check on their language skill levels, before they select the course and university for studying abroad. Most of the international educational institutions offer Language development courses for international students, who are not very fluent with the language. The students can first take such foundation and language developments courses for specified period and then they are permitted to take admission into the course of their choice.

So, IELTS test is an objective English language assessment tool that is internationally acceptable by Government and immigration educational institutions agencies alike. It has therefore become an essential part of the Immigration visa process and for study overseas applicants. Hence, an applicant is advised to prepare well, if they wish to earn some points by scoring well in various test modules. Seeking advice from an immigration expert is a wise decision to give a direction to your IELTS preparation as well as your immigration process, in general.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of http://www.abhinav.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

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What Motivates People to Immigrate?

What Motivates People to Immigrate?
By Ajay S Sharma

The Federal Office for Migration and Refugees defines migration in the following way: "Migration occurs when a person changes the location of their usual place of residence. International migration occurs when this movement crosses national boundaries."

Immigration is defined as "to enter and usually become established; especially to come into a country of which one is not a native for permanent residence."

The main reason behind immigration is the search for better living and working environment, when compared to the native countries of the individuals. In addition to this is massive poverty leading to high fertility, unemployment and low wages. Also, high population puts pressure on the educational and the health facilities. To overcome these factors, immigrants migrate in the hope for better lifestyle and income opportunities. Also, some of the necessities such as electricity, water, educational and medical facilities are available in abundance. With these are the established system and an efficient organizational set up that ensures multiple opportunities on the professional front for a migrant. Other factors include weather and environmental conditions such as clean, hygienic and a pollution free state.

Immigration also happens due to political insecurity, prosecution and bad governance. Human rights such as the freedom of speech and the right to vote and elect the Government and political leaders as well as the freedom from Corruption are some of the key factors as well.

Finally, people migrate from countries that encourage ethnic, religious and gender prosecution and discrimination.

The decision on Immigration destination by a prospective immigrant is based on many factors:

• Better quality of life as regards social security benefits vis-à-vis medical, educational with strong infrastructural - including abundant power and water - backup.



• Freedom of speech and freedom from corruption.



• Freedom from human rights abuse.



• Political freedom



• Freedom from discrimination on gender, ethnic and religious grounds



• Family reunification

While the above points are the major motivating factors for immigration; destined countries have their own specified set of rules and regulations to select the prospective migrants. The most popular criterion is the Points Based System (PBS). The countries accepting immigrants against the Point Based System include Canada, Australia, UK, New Zealand and Denmark.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of http://www.abhinav.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

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The Green Card Immigration Lottery

The Green Card Immigration Lottery
By Sally Odell

It's sad, but very true that the U.S. Immigration system has so many loopholes, glitches, corruption, ridiculous policies, and incomprehensible rules and regulations that it takes a highly experienced immigration lawyer to sort things out. Imagine how an immigrant would feel trying to figure out this complex and constantly changing system just to live in the U.S.

No wonder immigrants hope to win the lottery - and we don't mean the regular lottery where you win money - we mean the Diversity Visa Lottery that offers 55,000 permanent residency Visas to foreigners, so long as they follow all the rules and regulations. That might be tough since those seem to change on a daily basis. Nonetheless, this Visa would give the lucky one an opportunity to become a U.S. citizen after 3 to 5 years.

The major reason why so many immigrants like to enter their names in this lottery is because it is free, as opposed to hiring an immigration lawyer, which may be necessary later during their residency in the U.S. The operative word here is free, and if anyone charges a person for entering the lottery, it is a scam. Period.

All that is required to enter the Diversity Visa Lottery is filling out a form, usually in English, and that is it. Don't worry if you happen to have a spouse and/or children, as they would receive a Visa as well, so long as their background check comes out OK.

This is how things usually work, mind you, it may be subject to change without notice, and it would not hurt if you contacted a qualified immigration lawyer to ask questions. Better to be safe than sorry. You are usually able to fill out Visa applications from early October to early December, and you may actually do this online.

So if you need help with translation, get a friend to assist you with filling out this form. It's pretty straightforward and you only need the basics, such as name, address, phone number, SS number, etc.

You won't know if you have won the lottery until May of the following year and you are only contacted by snail mail, or regular post. If you were successful, your Visa would then kick in the year following that.

In other words, if you apply in 2010 and if you are chosen in that year's drawing, you would be advised in 2011, and your Visa would take effect in 2012. Then you would get a DV 2012 card when it was issued. Nothing like taking forever and a day to find out if you get a chance to live in the U.S. In all cases when faced with questions or concerns about the U.S. immigration process, contact a highly trained immigration lawyer, and make sure you are on the right side of the law. The first consultation is usually free.

Sally Odell - Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com/.

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How to Go About the Process of Immigration?

How to Go About the Process of Immigration?
By Ajay S Sharma

Wondering how to go about your immigration process? Be it any country in any part of the world, there are certain basic conditions that comprise the eligibility of an individual for immigration. These immigration criteria remain the same throughout the world. However, the conditions in these criteria may vary. So, incase you are on the hunt to know how to apply for immigration services, this article might be of some help to you.

If you are planning to immigrate to another country, the first thing you need to do is to select the criteria that best fits in with reference to the country you plan to immigrate to. Some of these basic conditions are -

• People seeking permanent residency options to another country or returning to their own country.



• Immigration in search of employment or business opportunities.



• Students immigrating for further studies.



• Visiting another country for business and pleasure.



• Immigration based on sponsorship of skilled workers.



• Migration due to marriage, family living abroad, partner or fiance etc.

After chalking out where you belong in the above mentioned criteria, check for the various requisites mentioned and see whether you qualify for those or not.

For instance, the age criteria - based on the above mentioned categories, the age limit varies and it differs for different countries. In Australia, the maximum age limit for a skilled migrant cannot be beyond 45 years of age but also not less than 18 years. Similarly, in New Zealand, the migrant should be between the age group of 20 to 55 years.

This is followed by another common feature i.e. your ability to communicate in English. Here also, the candidate has to appear for the IELTS examination in order to meet the requirements for the immigration. This is more important for students wanting to pursue further education in Australia, New Zealand, Canada, United Kingdom etc. Apart from the students, the skilled or business migrants also need to take the test. This test is a common ground for evaluation while granting visas to the deserving candidates. However, tourists and other visiting family members do not need to appear for this exam.

Apart from these factors, there are a set of documents which are mandatory and have to be submitted without which the immigration and the visa processing could be shelved. These documents include -

• A valid passport showing your nationality.



• Incase, you are a skilled migrant etc., then the candidate has to produce a skill assessment record issued by the relevant country's authority.



• A report of the IELTS test has to be submitted. Report should specify the test being taken within a specific time period and ensure that the results have not expired. Incase of spouses, the test results of both the partners have to be produced.



• Copies of documents such as the birth certificate, age proof etc. should be certified and submitted along with the application.



• Employment reference letters as well as the offer letters must be present so as to claim more points on the job front from the concerned employer in that particular country.

It has to be remembered that this checklist varies according to the kind of immigration opportunities availed. Hence, all the documents might not be required for all immigration applicants. However, few basic documents remain the same for everyone.

In addition to this, there are several others procedures that need to be followed to complete the application as well as the process of immigration successfully. Thus, it is recommended to take this article as a reference in the process for submitting an effective visa and an immigration application.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of http://www.abhinav.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

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How to Apply to Become a US Citizen

How to Apply to Become a US Citizen
By Kevin Bright

Once you have decided to become a citizen of the "Land of Opportunities" then I bet you are wondering how to go about it. I am sure you know that there is paper work and forms to complete and I know that you will have heard about the dreaded citizen test. But how do you start the ball rolling?

The easiest way is to hire an immigration lawyer who will happily deal with all the laborious forms and litigations that you will have to go through and offer you advise on sitting the exam. Immigration lawyers however are extremely expensive and if you are in the minority who can afford this luxury then this is your answer.

Most of us however do not have spare cash lying around waiting to be devoured by lawyers. In which case the process is going to be slightly more difficult for you. Don't get me wrong, it is exactly the same process, you just won't have someone checking your forms and getting you onto the next step, it will all be on you. But I promise, it is by no means impossible.

Applying to become a US citizen is straight forward and relatively user friendly. First of all you need to have lived on US soil for a minimum of five years, each of these years spending at least six months in the country. Without having done this you will not be able to apply to become a legal immigrant.

The next step is to fill in the citizen application form. This form you can collect from the USCIS or download and is generally straight forward to fill in. You must be one hundred percent truthful within this form however as any lies can and will be discovered prolonging the process or even halting it all together.

The final step is the Citizen Test. This is the most feared element, but even if you are one of the few who can afford an immigration lawyer, when it comes to this test, you're on your own. The good thing about it however is that the questions are straight forward and there are sample questions available on the internet and lots of guides on how to pass it out there to get you through it.

And that's it, simple huh? I know it seems daunting, but when you break it down it really isn't that bad at all.

To improve your chances of success, you need to learn more about how to apply to become a US Citizen, so visit our squidoo for free information on the process, the forms and the test questions: http://www.squidoo.com/US-citizen-application

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Hiring an Immigration Consultant For Australia - Worth an Investment!

Hiring an Immigration Consultant For Australia - Worth an Investment!
By Ajay S Sharma

According to the Emigrate Australia survey in 2007, it was found that more and more immigration applicants preferred the services of an immigration consultant. The survey also specified Australia being one of the most preferred destinations by the migrants due to the better lifestyle, good climatic conditions and so on. Western Australia was found to be the most sought after destination by the immigrants followed by the Southern Australia.

In the current scenario, it is more than important to hire a consultant for the necessary requisites. A consultant might turn out to be your savior in the midst of the stringent migration norms adopted by the Australian government. This is especially true for the assessment stage of the immigration process.

An Immigration consultant would have in-depth understanding of Immigration procedures, rules and regulations and past precedents for reference and would be in best position to guide you through the process of applying for immigration. A consultant would better understand your immigration objectives and would know the categories in which you would best fit in and accordingly offer you correct and timely advice. Australian Immigration is a very expensive process and hiring a good Immigration advisor will also means that this investment is safe.

In addition to this, you would follow the correct procedure by producing the right application filled according to the norms and thus, avoiding all forms of delay. All in all, the process for immigration would be smooth with no worries attached.

So, if you are having a second thought on that extra expenditure that has to be incurred, think again! It just might save you a lot of trouble and time. Thus, invest in a consultant and you reap its fruits forever.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of ABHINAV.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

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Australian Immigration Visas

Australian Immigration Visas
By Mark Thomas Walters

Australian immigration visas are the topic for this installment of our guide to emigrating to Australia...

There are several types of visa that can be applied for when emigrating to Australia depending on how long you plan to stay there and what you'll be doing there. These are the main types:

The skilled independent visa is a residency visa for those with qualifications and skills in demand. You're not required to have an employer to sponsor you to get one but a test will need to be passed (which assesses your qualifications, experience, aptitude, etc.). An alternative is a business visa, which doesn't require you to pass a points test so long as you're sponsored by an employer.

A working holiday visa allows people aged 18 to 31 to stay in Australia for up to 12 months (with extensions being a possibility). working rights are limited to incidental employment of up to 6 months per employer to supplement your stay, which means that these are only really beneficial to backpackers and travelers, not people looking to establish themselves in the country on a long term basis.

Retirement visas are meant for self-funded retirees who are 55 years or older, have no dependents (other than a spouse who can be any age), and who want to reside in Australia during their retirement years. It's a temporary visa that permits you to stay in the country for four years, though you can apply for subsequent ones on expiry, with each allowing you to stay for a further four years.

To obtain a visa to study in Australia you're required to be enrolled in an Australian academic institution and receive a Confirmation of Enrollment (which is usually issued after tuition fees have been paid). Those planning to also undertake any form of employment will need to apply for one with the additional right of 'permission to work'.

Australian partner visas enable the partner, fiance, or spouse of those permanently residing in Australia (including immigrants) to also live and work in the country. Family visas can be obtained to also get these rights for dependent relatives and children.

Want to learn more about emigrating to Australia? Click here to continue reading our guide: Emigrating To Australia

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Tougher Immigration Rules by the Australian Government

Tougher Immigration Rules by the Australian Government
By Ajay S Sharma

In the current scenario of global slowdown, the local Australian citizens and residents have been suffering on account of high unemployment. Thus, a major initiative has been taken by the Australian government regarding its policy on immigration. The permanent general skilled migrant quota has been cut down by 14 percent so as to cater to the country's own shortage for employment. This was expected by the government, sooner or later. The 14% slash means 18,500 less immigrants. Hence, the total immigrants come down to 1, 15,000. Along with this, certain categories such as building and manufacturing trades which includes carpenters, bricklayers, metal fitters, plumbers and so on have been removed from the Critical Skill List. This would mean less competition for the local citizens for the already minimal employment opportunities.

However, the Australian government has ensured that the industries and the employers can still open doors to skilled immigrants. This would now be determined by the need for such professionals in specific industries where it is not being able to be catered to by the locals. Such needs are reflected by occupations listed in the MODL and Critical Skills List. Since, the MODL and Critical Skill set will be under constant review, changes can always be done to reflect future changes in the labor market.

The following points would be given due emphasis from now on -

• The general skilled migrant programme would be continued but would be highly labor market specific.



• The programme would now focus on the industry requirements.



• A candidate applying for immigration without a sponsor from an employer would be given priority only if he comes under the categories mentioned in the Critical Skills List.



• This form of focus would ensure quality and the right skills that would help the Australian economy rise from the slowdown.



• To meet the urgent skill requirements, the applications of the employer sponsored permanent migrants would be processed ahead of the others so as to ensure no loss in the economy.



• Hence, emphasis is being given to those working on the temporary visas and around 36,000 permanent visas could be granted this year.

This is clearly an indicator of the current scenario in Australia which is just an example of the outcome of the global meltdown in the developed nations. Having said so, the open list still encourages Engineering, Accounting, IT and Health professionals to apply and to take advantage of this opportunity as soon as possible. A seasoned immigration specialist will take them through the critical assessment and the visa application stage.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of ABHINAV.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

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Should You Hire an Immigration Trial Attorney Or Not?

Should You Hire an Immigration Trial Attorney Or Not?
By Alexander Miller

There is no straight answer to whether you need to hire an immigration trial attorney for your case. It should completely be your decision. There are several factors that you need to take into your careful consideration in this regard. You must do a thorough research and analysis and take your own decision. However, here it is very important for you to keep in mind that your decision will make the big difference between being deported and winning a green card. Theoretically, you should go ahead and defend your case yourself - after all, the law must be based on fairness, reasoning, and common sense. But, practically, it is not going to be that easy. Defending a legal case such as related to immigration is like chasing a maze within a maze. Because of the complex structure of the laws pertaining to such cases, you are going to put you in a big risky situation. That is the reason why the majority prefers to defend the case with the help of an experienced legal professional.

The Laws Pertaining To Immigration Are Not User Friendly
The most important reason why you must hire an immigration trial attorney for your case is that the laws pertaining to such cases are not at all user friendly. Worse, most of the clauses are heartless to immigrants who are planning to enter America. Even if it looks like a simple case, the legal process will make it a very complex one. You will be asked to fill seemingly never-ending series of forms, which will be followed by the battles with a callous bureaucracy. It is not very uncommon to find people who seem to be hard working and deserving immigrants have to wait for years to get their green cards processed successfully. If you do not want to stand in that crowd, you must seriously consider hiring an immigration lawyer.

You Need Compassionate Advocates For Your Case
However, just hiring a famous immigration trial attorney is not going to get you that green card. You need compassionate advocates - those who learn each and everything about your life so that they could defend your case in the best possible way in the court. Always remember, many times, an obscure fact of your life's background becomes the deciding factor whether the court should take a cautious approach for your case or should forward it quickly. That is the reason why it is important for the attorney to work with you. You too should try to pass on each and every piece of information honestly. You may be asked to retrieve information that you would never think was important.

However, just having a lawyer that cares is also not going to be good enough to win the case - you will need an immigration trial attorney who is experienced in dealing with court hearings and have the courage to stand up for you under all circumstances.

Make sure that you feel comfortable with the you are hiring. Besides that, you must also feel confident in the ability of your chosen immigration lawyer.

Article Source: http://EzineArticles.com/?expert=Alexander_Miller
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Centralized Intake Office For Fast Canada Immigration

Centralized Intake Office For Fast Canada Immigration
By Ajay S Sharma

According to the amendments published in November, 2008 in the instructions given by Immigration Minister, there are several conditions that make you eligible to file your application under the Federal Skilled Worker Program. Given below are a few conditions that can work in your favor, to apply under this category:

• You have AEO (Arranged Employment Option) from a Canadian employer.



• You are the foreign national who is already living in Canada legally, for a minimum of one year as an international student or a provisional foreign worker.



• You are one skilled worker with an experience of at least one year, with your occupation being included in the Canada's List of 38 Occupations that are highly in demand.

Out of the mentioned three options, the last one caters to the interest of a lot many interested immigrants. All applications of this program that do not have the privilege of an AEO are now processed in Nova Scotia at the CIO (Centralised Intake Office). You will need to pay a courier fee to mail the essential forms and documents.

CIO reviews all sent applications for the right completion of all necessary fields along with a check for the payment of the processing fee by the applicant. A noteworthy point in this regard is that the CIO does not accept cash payments. Only Managers Check is accepted in the Canadian Dollars in the name of the Receiver General of Canada.

A Notice of Assessment is then received from CIO. This will provide you with the basic instructions to contact the Visa Office along with the reference number allotted to you. Also, you are further requested to submit copies of all essential documents and your application within the next 120 days to the Canadian Visa Office.

At this time, you may also file for your dependents or your family members who would be immigrating with you, in case you have not applied for them earlier. As the probability of immigration is only analyzed for the principal applicant, filing for the dependents at a later stage wouldn't really delay application processing.

Once the Visa office has got your complete application, your application would be checked to ensure that all required documents have been submitted. The Visa Office would then forward an acknowledgment receipt letter to you. You will also find enclosed the file number and the details regarding the processing times.

Your application will then be checked:

• If your application under any of three categories that are mentioned for the minimum requirements given in the Ministerial Instructions, for further processing.



• For selection factors



• For sufficient funds

Once you qualify through all these stages, you would soon be granted the Canada Immigration Visa. Centralizing of the applications to Nova Scotia has played a key role in reducing the processing times for Canada immigration, which has earlier been increased to 6-7 years.

However, still Canada immigration program is not as easy as it sounds. Without the help of an able Canada immigration specialist, it is very much possible that you may end up wasting a lot of time and money, thereby delaying your Canada immigration goal. Hence, for a smooth and hassle free immigration to Canada, do not forget to take the useful advice of an immigration expert, which is definitely worth every penny spent.

Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of ABHINAV.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.

Article Source: http://EzineArticles.com/?expert=Ajay_S_Sharma
http://EzineArticles.com/?Centralized-Intake-Office-For-Fast-Canada-Immigration&id=2335789

How an Immigration Attorney Can Help You Get USA Citizenship

How an Immigration Attorney Can Help You Get USA Citizenship
By Nicholas Burns

The immigration process is very difficult especially to a country like the United States. There is a specific set of rules which have to be followed. There are various processes which have to be followed correctly. A little variation or wrongly followed rule or process can degrade your chances of migrating to the United States.

In the US, the general immigration laws are determined by the federal government. The states create their own patterns of the immigration policies and these are done according to the federal laws. You have to follow the same rules and processes in the United States whether you are in California or South Carolina. Proper advice of an immigration lawyer is very helpful as he can guide you through the whole process.

How can an Immigration Attorney Help You?

When you hire a good immigration attorney, you can make sure that you get the best legal advice from a person who knows everything and can help you follow everything according to the rules when you apply for citizenship in the US. Even if you commit a violation, the attorneys can help you out in some way as they have the means and the right knowledge needed to defend you.

Even if the immigration lawyers guides you on everything you need to successfully migrate, you should still have the knowledge about the various rules and regulations so you are not fully dependent upon the lawyers. You should know what should do and what you shouldn't. The immigration rules of the United States are very strict and hiring a good lawyer can go a long way in getting your application approved for citizenship or immigrant status.

Immigration Lawyers provide you complete Immigration Advice and services.

The Best Immigration Attorneys to help you get USA Citizenship.

Article Source: http://EzineArticles.com/?expert=Nicholas_Burns
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