Author: blogger

Uscis Announces Revisions In The Employment Authorization Document (ead)

blogger /

The U.S. Citizenship and Immigration Services (USCIS) has proclaimed to have revised the Employment Authorization Document (EAD) or Form I-766. In order to add a machine-readable zone on the back of the card, the EAD cards have been revised.

Generally, the U.S. Citizenship and Immigration Services issues the Employment Authorization Document, which is also referred to as the U.S. work permit visa. The visa authorizes the holder to work in the United States lawfully. The Form I-766 has to be filed by a foreign national who stays in the U.S. temporarily and wishes to acquire an EAD.

On the basis of the foreign nationals immigration situation, the EAD cards are issued for a specific period of time. Unless the employer has any citizenship requirements, the foreign national with an EAD card can work anywhere in the United States. If the immigrant holds an EAD card, the employer is not even required to file a non-immigrant worker petition.

Currently, the USCIS issues EAD cards under two categories, namely the Renewal EADs and the Replacement EADs. The renewal EAD can be applied for not more than 120 days before the current EAD expires. When lost, stolen, or damaged, individuals can apply for their replacement EAD cards. EAD cards can also be replaced if they contain incorrect information or misspelled name.

In view of deterring immigration fraud, the EAD cards have been revised by the USCIS. The revised EAD cards are being issued by the USCIS from May 11, 2010. The machine-readable zone that has been added newly is in accordance with the International Civil Aviation Organization standards.

The previous version had a two-dimensional bar code, which has now been removed. Additionally, the USCIS has shifted the informational text box just below the magnetic stripe on the card and has retained all the security features that the previous version had.

The revision of the EAD cards has resulted from the collaboration of the USCIS with the U.S. Immigration and Custom Enforcement and the Customs and Border Protection.

Ead For Dependents Of Work Visa Holders On H-4, O-3, P-4, Td, R-2 Visas

blogger /

I feel helpless. Back home I was working with a fashion house as their primary designer. Here I have nothing to do but sit at home. Not like my friend Suzanne, who got her employment authorization and now works for a consulting company.” says Olivia with sadness in her voice.

Both Olivia and Suzanne are good friends from France, have the same academic background, live in the same city in California and their husbands work in the same company as Business Analysts. While Suzanne can work in the US, Olivia is not authorized to do so. Why? Olivia is on H-4 status and Suzanne is on L-2.

Dependants of personnel with work visas in the US are not generally allowed to work in the US, unless they qualify for a work visa in their own. However, spouses of certain student or work visa holders can apply for employment authorization. This article discusses the situations when a dependant spouse can work or study in the United States.

Dependants of H nonimmigrants (H-4 visa)

In the above example, Olivia cannot work in the US because she is on H-4 visa. Dependants on H-4 visas must be supported by the principal H visa holder. However it is possible to study on H-4 without converting to a student visa.

Dependants of L-1 nonimmigrants (L-2 visa)

Suzanne can work in the US because she is on L-2 status. As a spouse of L-1 visa holder you may work part-time or full-time in the U.S. You must apply for and receive proper employment authorization from the USCIS before you can start working. You may also engage in full-time study in the U.S. However, you may not apply for employment authorization if you are a dependant child on L-2 visa.

Dependants of E-1 or E-2 nonimmigrants

Dependant spouses of E-1 and E-2 visa holders may seek employment by applying for Employment Authorization using Form I-765. You may also attend U.S. schools, colleges and universities, and do not have to apply for separate student visa such as an F-1 visa.

Dependants of J-1 nonimmigrants (J-2 visa)

You may work in the U.S. on J-2 visa, if you receive special permission from the USCIS and the money is not needed to support the principal J-1 visa holder. However, an application for permission to work can only be made after the J-2 visa holder’s arrival in the U.S. and will be considered in light of policies then in effect.

To apply for work authorization on J-2 visa, you:

Must hold valid J-2 status, and the Exchange Visitor must hold valid J-1 status, as shown on your Form I-94 Departure Record cards

May not use your income to support your J-1 spouse or parent

May begin working only after you receive your Employment Authorization document from the U.S. Citizenship and Immigration Services (USCIS)

May work part-time or full-time, at any job, for any employer. There is no limit to the amount you may earn

You may also study on J-2 visa. There is no requirement that the spouse and/or children of a J-1 visa holder apply for a student visa if they wish to study in the U.S.

Dependants of F-1 nonimmigrants (F-2 visa)

You may not take up paid employment while in the U.S. on F-2 visa. As an F-2 spouse you may not engage in full time study and F-2 child may only engage in full time elementary or secondary school (kindergarten through twelfth grade) study. F-2 spouse or child may engage in a study that is vocational or recreational in nature.

Conclusion

Though immigration regulations allow certain spouses in dependant visa status to apply for employment authorization, for some, working in US is a distant dream. However, there are situations where persons in a situation similar to Olivia are able to work. They can change their status to a work visa, provided they have the required qualifications, experience in their field of expertise and a valid job offer from a US employer. One other situation where a dependent spouse can start working in the US can be when the principal spouse’s employer files for permanent residence for that spouse, and subsequently the dependant spouse may become eligible to apply for Employment Authorization. However, for persons not eligible for any of these alternatives, working in the US still remains a distant dream.

A few weeks later Olivia receives a call Hi Olivia, this is Rose from VisaPro. Your H-1B petition has been approved. Congratulations! You can soon start working. Feel free to Contact VisaPro in case you need further help.

Contact VisaPro if you have any questions regarding any type of employment based and family based petitions.

VisaPro covers the latest happenings on work visas in Immigration Monitor, monthly newsletter. Click here to subscribe to Immigration Monitor.

Types Of Discrimination In The Workplace

blogger /

One problem that is more common than it should be is discrimination in the workplace. One reason it may be so prevalent is that some employees, who might speak up about discrimination in other places besides the workplace, feel that their job might be threatened if they speak up about the discrimination happening to them at their place of employment. Unfortunately, this is probably a common fear for people in this type of situation. For this reason, laws have been created to protect people from discrimination and retaliation from their employers.

There are several different types of workplace discrimination. A common type that most of us are familiar with is gender discrimination. This can include several different categories including pregnancy discrimination, sex discrimination, sexual harassment, or even a failure to hire or promote based on gender. These types of discrimination, except obviously pregnancy discrimination, are applicable for both male and female. Though we often think of gender discrimination as something practiced against a female, these types of incidents may include males as well.

Racial discrimination is another type of employment discrimination that we are all familiar with. Yet despite all that his been said and done in regard to this subject, racial discrimination still happens. Fear of job loss or retribution should never be a reason to ignore or overlook incidents like this. You have rights and they deserve to be protected.

Age discrimination is a type of workplace problem that perhaps people aren’t as familiar with as other problems. According to the Age Discrimination in Employment Act of 1967, people over the age of 40 years old are allowed the same type of treatment as everyone else in regard to hiring, promotions, layoffs, firing. Being overlooked for promotion because your employers wanted someone younger for the position, regardless of qualifications, is a type of discrimination that need not be tolerated.

If you feel you have been fired, laid off, or overlooked for promotion due to your religious beliefs, you are also a victim of workplace discrimination. Religious discrimination is every bit as real and every bit as unacceptable as any other kind of intolerance by an employer. We all have rights given to us by the Constitution of the United States and we should not be afraid to protect those rights.

Some people may feel that by themselves they are powerless to make a change or get fair treatment. At this point, it may be wise to utilize the services of an employment attorney or labor lawyer in order to ensure that you get the treatment you deserve. An employment lawyer specializes in the laws that protect workers and they can help you navigate the difficult waters of employment law procedures so that you get the rights you deserve as given to you under the Constitution.

eGov KE Srinagar – Dr Chandra Shekhar Kumar, Commissioner-cum-Secretary, Employment & Technical Edu

blogger /

tv.eletsonline.com

Please be the part of our Upcoming Event FIPS

Elets – A platform for disseminating creative ideas on ICT

Elets Technomedia is a technology media and research company that focuses on ICT in government, education, healthcare, agriculture and rural development sectors. Our mandate is to provide effective information on latest development in different ICT tools, techniques and their applications across our verticals through premier print publications, online portals and premier events, seminars, conferences and summits. Elets has created a name for itself as a technology media and research vendor of choice.

Strategies

To strengthen and facilitate knowledge sharing platforms engaging with partners across the globe through International conferences to provide cross-cultural grounding to stakeholders and participants To provide stakeholders with a platform to share models of best practice, knowledge and experience on a range of issues in the domain of ICT in Governance, Education, Health, security, Urban and Rural Development To mobilise the communities towards creating a digitally informed knowledge society based on shared understanding

Elets Focus Areas

Elets provides an unmatched versatility for working with multiple partners and consultants to mutually share knowledge. With a vision to provide effective information on latest development in different ICT tools, techniques and their applications across various verticals with focused reference to governance, education and health, we

a) bring niche monthly publications;

b) provide knowledge exchange fora and

c) conduct research projects, primarily through Events & Conferences.

Employment Equity

blogger /

It would seem as though some South African companies and industries might still be finding it difficult complying with new employment equity laws, a need for other companies is necessary for expert understanding in subjects and other legal terms of labour relations. There are many different companies available offering different levels of services to South African companies, training Human Resource departments in everything from Conditions of Employment, Discipline and Dismissal, Recruitment, Occupational injuries and diseases in the workplace, Retrenchment, OHS Act and Regulations courses and many, many other aspects relevant to the employment within the South African sector.

Your companys future in South Africa depends on your ability to successfully develop an Employment Equity action plan, and strategies to ensure that these targets are met, continuously monitored and evaluated. Labour Guide brings together people that will address key issues to help you develop and refine your plans and strategies to ensure your organisation retains its competitive advantage in the procurement process. The company aims for you to learn through effective planning how to initiate and plan EE programs to meet future personnel dynamic, build an EE strategy in line with your organizational goals and to examine and manage personnel change management issues amongst other things.

Labour Guide has all types of workshops designed to help you set up and self-administer equity plans. It is therefore incentive enough for companies to invest in the relevant courses and training for their staff responsible for working with EE compliance and other relevant industry compliance. There are also various different benefits for companies compliant with the Department of Labours various programs and requirements.

Labour Guide offers workshops and training related to different areas of employment law in South African including on how to comply with employment equity. Visit their user friendly website to explore what solutions Labour Guide offers your company.