Due to the large influx of Jews
to South Florida in the last several years, many people want to be more
familiar with working visas and immigrant visas for their friends, family,
and business associates. The best way for anyone from another country
to live and work legally is to file for a temporary working visa. South
Florida has seen a huge increase in its private Jewish school population.
There is a need for qualified Hebrew teachers in our Jewish Schools.
Hebrew teachers often qualify for working visas in two categories.
If they are university graduates, they can obtain an H-1B visa and if
they are working as religious teachers in religious Institutions, they
can qualify for a R-1 Visa. In order for a Hebrew teacher
to obtain a Green card, she or he first will need to pass labor certification
which is a process to make sure that there are no able-bodied persons
in South
Florida or the area where the job is being offered to fill that position.
This involves registering the job offer with the Florida Job Service,
advertising in a local paper and a few others steps before �Labor Certification�
is granted. Once Labor Certification is granted,
the applicant can file for a green card. As
green card applications based upon job offers are taking in excess of
two years to process by INS, obtaining
a valid temporary working visas is always a wise first step. Other Jewish
occupations which can qualify for a temporary working
visas are: Rabbis, Cantors, Mohels,
all under Religious Workers. Further,
qualified Kosher chefs and bakers can qualify for working visas
and green cards, but only if they pass labor certification. Although
Rabbis and Cantors may qualified as �Special Immigrants� for direct
application for green cards, whether to file directly for a green card
or to go for Temporary Working Visa is
something that should be discussed with an experienced attorney.
A Hebrew teacher who has not taught in a religious institutions, but
rather only in a government school in Israel will not
qualified for religious worker but can qualified for the H-1B
Visa if the teacher has an University Diploma. The
other �Jewish occupation� is business owners/director. For this,
there is the ever-popular L-1 visa.
The following is a Summary of the L-1 visa which is also can convert
to a green card. L-1
Temporary Working Visa.
Intra-company Transferee, a manager or executive from a parent company
is transferred to the subsidiary or related company of the foreign company
in the U.S. This person must have been employed for at least one continuous
year within the last three years by the foreign company in a managerial
or executive capacity and desires to come to the U.S.
If the foreign manager/executive is coming to open and/or to be employed
in a new office in the U.S., he can obtain the L-1 visa which authorizes
him to work and allows the spouse and children to be legally in the
United States, but they would not be allowed to work, although they
could go to school.
An L-1 for a new U.S. company (in business for less than one year) is
valid for only one year. After the one year, the L-1 manager/executive
can apply for permanent residency if the company has sufficient proof
of being legitimate and financially viable.
If the company does not have strong financial records, the L-1 person
may lose out his L-1 status and lose his chance for a permanent residency.
An L-1 visa may be issued initially for three years if the business
in the U.S. has been in business for more than one year. Buying an existing
American business and creating the framework so that it is a subsidiary
of the client's business in his home country will allow for a full three-
year L-1 from the outset.
An L-1 visa can be renewed for up to seven years as long as the company
remains financially viable.
The L-1 visa process involves mailing in applications and documentation
to a central Immigration Center and waiting 2-3 months for a decision.
A newer fast service is available by paying $1000.00 extra to INS for
15 days service. If Immigration does not believe that the documents
submitted were sufficient, it will issue a letter with a list of those
items it must have and/or explanations or additional information. If
approved, the client will need to go to the U.S. Embassy or Consulate
in his own country to have the L-1 visa stamped in his passport, and
the L-2 for the spouse and children. There is an alternative method
by sending the passports to the State Department in Washington, D.C.
Warning: Nothing in this article should
be taken as legal advice for any reader to act as his/her own attorney
in handling an immigration matter, which is a complex matter best handled
by an experienced attorney.