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Posted on in US Immigration Law

DACA, immigration hiring, San Jose immigration attorney,  immigration law, immigration policyThe Deferred Action for Childhood Arrivals (DACA) immigration policy has become a hot-button issue lately for politicians, immigration activists and business owners. The primary concern for business owners is that employees who obtain work permits through the program may suddenly face deportation and leave work sites understaffed. Business’ immigration hiring and employment policies would be sharply impacted. 

DACA and Its Impact

Established in 2012, DACA is a means for minors who were brought into the United States illegally by their parents to obtain deferred action from deportation while they obtain an education and/or maintain employment. Economists, CEOs, and business leaders around the country have identified a number of adverse effects to the current administration’s suggestion of either outright ending or phasing out DACA.

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sponsoring family members, San Jose immigration attorney, petitioning for entry, California immigration laws, citizenshipThere is perhaps no better feeling than the unification of family members from across borders. Whether for work, school, or simply to enjoy life together as a family, immigration laws in California are designed to protect the civil and labor rights of those coming from outside the United States to rejoin family members residing here.

In fact, a U.S citizen may petition for certain family members to not only gain entry, but also obtain a Green Card or Visa, depending on the circumstances. Assistance from an experienced immigration attorney can ensure proper steps are taken to make the process as smooth as possible.

Petitioning for Family Members — Which Ones?

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On January 1, 2016, California's minimum wage was raised from $9 per hour to $10 per hour for most employees. Because there are a few exceptions, it is important to understand how the law may affect you or your business.

At $10 per hour, California currently has the highest state minimum wage in the country. Employers governed by state and federal laws are required to comply with the law that is better for workers. So even though the federal minimum wage rate is $7.25 per hour, most California employers must pay employees at least $10 per hour.

According to the California Department of Industrial Relations, exceptions to the state minimum wage law include:

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Posted on in US Immigration Law

EB-1 (Employment based First Preference Immigration petition) is an immigration petition for those people who are recognized as being at the very top of their field and are coming to the United States to continue their work in that field. EB-1 is intended for "priority workers", and is relatively faster route, compared to all other employment based immigrant petitions. Unlike, most EB-2 and EB-3 Applicants, EB-1 Applicants do not have to go through the "labor certification" process and can obtain their green card just in a few months of filing (usually 4 to 6 months mark).

The biggest advantage of EB-1 over other employment based green cards is that EB-1 Applicants who are in US, can concurrently file an I-140 (Immigrant petition for an Alien Worker) and I-485 (Application for Adjustment of Status. By virtue of I-485 filing, the EB-1 workers also become eligible to receive Travel Document (Advance Parole) and Work Permit, for him/her and dependent family members who are eligible to file I-485.

There are three (3) types of EB-1 petitions:

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California is home to some of the most innovative companies in the world. And because technology is at the heart of many of these businesses, recruiting top-notch talent is not always easy. In some cases, employers must look outside the United States for the particular workers that will best meet their business needs.

In theory, hiring highly skilled foreign workers to work in the U.S. should be easy through the H-1B visa program. Unfortunately, many small companies looking to participate in the visa lottery cannot do so because huge global outsourcing companies are "stuffing the ballot box," so to speak, with thousands of visa applications.

About 85,000 H-1B visas are issued each year. In 2014, more than one-third of these were taken by just 20 companies. Because these companies put in so many applications right when the submission period begins, "employers who apply after a week are out of luck," according to the New York Times.

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