Employers sometimes need to hire foreign labor when there is a shortage of available U.S. workers to fill certain jobs. Under certain conditions, U.S. immigration law may allow a U.S. employer to file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of a prospective foreign national employee. Upon approval of the petition, the prospective employee may apply for admission to the United States, or for a change of nonimmigrant status while in the United States, to temporarily work or to receive training. For most employment-based nonimmigrant visa categories, the employer starts the process by filing Form I-129 with USCIS. Filing instructions and forms are available on the USCIS web site at www.uscis.gov. Please note that in some cases the employer must file a Labor Condition Application or Application for Temporary Employment Certification with the Department of Labor (DOL) and/or obtain certain consultation reports from labor organizations before filing a petition with USCIS. What are the various types of visa classifications under which a foreign national may temporarily engage in employment or training? The following are the most common visa classifications under which a foreign national may temporarily work or train: Am I required to file an application or other request with the U.S. Department of Labor for each foreign national employee? Certification from the Department of Labor (DOL) is required only for the H-1B, H-2A, and H-2B nonimmigrant classifications. You must first request certification from DOL before submitting your I-129 petition to USCIS. For H-1B nonimmigrants, a Labor Condition Application, and for H-2A and H-2B nonimmigrants, an Application for Temporary Employment Certification must be filed in accordance with DOL instructions. For filing instructions and other information, please see the DOL Web site at www.foreignlaborcert.doleta.gov. DOL certification is not required for the other nonimmigrant, employment-based, or investor-based visa classifications previously listed. What happens after I file a Form I-129, Petition for aNonimmigrant Worker?After you file, we will send you a receipt so you know that we havereceived your petition. If your petition is incomplete, we may have toreject it and return your fee,or ask you for more evidence or information, which will delayprocessing. We will notify you when we make a decision. If theprospective employee is in the United States in a valid nonimmigrantstatus, he or she can begin working for the employer upon approvalof the Form I-129 petition, provided that: How can an employee extend his or her status if it is aboutto expire? If it appears that an employee may be needed longer than the period for which he or she was approved in his or her current nonimmigrant status, an employer may be able to file a new Form I-129 petitionon behalf of the employee. To avoid disruption of authorized employment, employers are encouraged to file a petition to extend the employee’s status well before it expires. Note, however, that if the employee has already stayed for the maximum allowable period of time, an extension may not be granted. If I filed for an extension of status for my employee, buthave not received a decision by the time his or her statusexpires, can I continue to employ the individual? If:

WHAT IS THE SELECTIVE SERVICE? The Military Selective Service Act requires that all men (including anyone whose gender was assigned as male on their birth certificate) living in the United States register with the Selective Service System (SSS) within 30 days of their 18th birthday. The SSS is used by the U.S. government in times of war to draft soldiers into service. While there are currently no plans to draft soldiers into the military, the U.S. government views the Selective Service as an important readiness tool in case there is a significant military conflict that requires more troops than have voluntarily joined the military. This law applies to all men living in the United States, including U.S. citizens, green card holders, people in valid immigration status, as well as anyone whose status has expired or is otherwise undocumented. Only men who are in the United States between the ages of 18 and 26 years old are required to register. ARE THERE ANY EXCEPTIONS? Yes. First, if you entered the United States after the age of 26 or were not in the United States between ages 18 and 26, you do not need to register because you entered after the required age. Second, if you are in a valid non-immigrant status (such as a student visa) until the age of 26, you are seen as living here only temporarily because of the temporary nature of your visa and not required to register. Third, men born after March 29, 1957, and before December 31, 1959, are not required to register. SEE CHART OF WHO MUST REGISTER FOR SELECTIVE SERVICE HOW TO: CHECK YOUR SELECTIVE SERVICE REGISTRATION If you are a man – or were assigned the gender of male at birth – and you were in the United States between the ages of 18 and 26 years old, you should check yourSelective Service record to see if you registered. If you became a lawful permanent resident between the ages of 18 and 26, USCIS may have sent your information tothe SSS based on your permanent residence application, and you may have been registered that way. ONLINE: If you registered for the Selective Service with your Social Security number, you can verify your registration online at https://www.sss.gov/verify/. You will need to provide your last name, Social Security Number, and date of birth.If a record is found, you can download and print an official Selective Service Registration Acknowledgement Letter from the web site and include it with your application. BY PHONE: If you can’t verify your registration because you don’t or didn’t have a Social Security number at the time you filed, you will have to call the SSS at 888-655-1825. WHAT IF I WAS SUPPOSED TO REGISTER AND DIDN’T? If you have not or did not register and you are between the ages of 18 and 26, you should register immediately. If you are over the age of 26 but were in the United States between the ages of 18 and 26,and the failure to register was within the good moral character time period, you will have an opportunity to submit your statement and other evidence to USCIS showing that you did not knowingly or willfullyfail to register. USCIS may also require you to submit a Status Information Letter stating whether you were required to register. You can find this form online by visiting https://www.sss. gov/verify/sil/, which you will have to download, complete and mail to the address below: SELECTIVE SERVICE SYSTEMATTN: SILP.O. BOX 94638PALATINE, IL 60094-4638You can also call the SSS to request the Status Information Letter by phone at 847-688-6888. WHEN I REGISTERED FOR SELECTIVE SERVICE, I MAY HAVE USED A SOCIAL SECURITY NUMBER (SSN) THAT WAS NOT MY OWN. WHAT SHOULD I DO? You can update your Social Security number with the SSS by calling 1-847-688-6888 during business hours (9am to 5pm Eastern). Changes can take several weeks to complete, and the SSS will send you a new registration letter with the updated information. You can also write to the SSS and request the change: SELECTIVE SERVICE SYSTEMP.O. BOX 94638PALATINE, IL 60064-4638 WHAT ABOUT TRANSGENDER INDIVIDUALS? ACCORDING TO THE US GOVERNMENT (from SSA.gov): US citizens or immigrants who are born male and changed their gender to female are still required to register. Individuals who are born female and changed their gender to male are not required to register. OPM notes that “transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g. the sex listed on an original birth certificate). The OPM Guidance further explains that the term “transgender woman” is typically used to refer to someone who was assigned the male sex at birth but who identifies as a female. Likewise, OPM provides that the term “transgender man” typically is used to refer to someone who was assigned the female sex at birth but who identifies as male. > The legal authority is based on the Military Selective Service Act (MSSA), which does not addressgender identity or transgender persons. >Presidential Proclamation 4771 refers to “males” who were “born” on or after January 1, 1960. >Changes to the MSSA involving Selective Service registration requires Congressional action. It cannotbe changed through Presidential Proclamation or Executive Order. As such, the registrationrequirement remains based on the assigned gender at birth. NOTE: Transgender students are welcome to call us at 888-655-1825 regarding their registration requirements if they need a status information letter from Selective Service that clarifies whether or not they are exempt from the registration requirement. Individuals who have changed their gender to male will be asked to complete a Status Information Letter (SIL) request form and provide a copy of their birth certificate. Keep your original SIL and send copies to state-based financial aid institutions if needed. FUN FACT: THE SELECTIVE SERVICE SYSTEM’S ANNUAL BUDGET IS $26,000,000.00 Learn more about the requirements for selective service registration from the government’s website.

HOW TO FILE TAXES IF YOU ARE AN IMMIGRANT AND DO NOT HAVE A SOCIAL SECURITY NUMBER. WHAT IS AN TIN? An Individual Taxpayer Identification Number (ITIN or a TIN) is a tax processing number issued by the U.S. Internal Revenue Service (IRS). A TIN consists of nine digits, beginning with the number nine (i.e., 9XX-XX-XXXX). Since 1996, the IRS has issued ITINs to taxpayers and their dependents who are not eligible to obtain a Social Security number (SSN). WHY DOES THE IRS ISSUE TINS? All wage earners—regardless of their immigration status—are required to pay federal taxes. The IRS provides TINs to people who are ineligible for an SSN so that they can comply with tax laws. WHO USES A TIN? Taxpayers who file their tax return with a TIN include undocumented immigrants and their dependents as well as some people who are lawfully present in the U.S., such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa–holders, and certain spouses and children of individuals with employment visas. As of January 2021, the IRS reported that there were 5.4 million active TINS Once a person who has been issued a TIN is eligible to apply for an SSN, the person may no longer use the TIN. WHAT IS A TIN USED FOR? TINs are issued by the IRS specifically as a means to pay federal taxes. While the IRS issues them solely for this purpose, TINs may sometimes be accepted for other purposes, such as for opening an interest-bearing bank account, in employment dispute settlements, or for obtaining a mortgage. WHY DO UNDOCUMENTED IMMIGRANTS NEED A TIN? In addition to being required to pay taxes, immigrants benefit from filing income tax returns because: It demonstrates that they are complying with federal tax laws. Filing federal taxes is a way for immigrants to further contribute to the economy. It is one way that people who may have an opportunity to legalize their immigration status and become U.S. citizens can prove that they have “good moral character.” Immigrants can use tax returns to document their work history and physical presence in the U.S. In order to be eligible for legal immigration status under any future immigration reform, people who currently are unauthorized to be in the U.S. most likely will have to be able to prove that they have been employed and have lived continuously in the U.S. for a certain number of years. People who file tax returns can claim crucial economic supports, such as the Child Tax Credit, including the refundable portion (also known as the Additional Child Tax Credit). Filing a tax return is required in order to be able to claim insurance-premium tax credits for family members—often U.S. citizen children—who are eligible for health care coverage under the Affordable Care Act (ACA, or “Obamacare”). These tax credits are necessary to help make health insurance affordable to people who otherwise would not be able to buy it. Individuals who are eligible to file their taxes with a TIN can establish that they are eligible for an exemption from the ACA’s individual mandate, which requires that people have health insurance. Undocumented immigrants are excluded from all ACA benefits, so they are not eligible to buy health insurance through the ACA’s health care marketplace, even at full cost. Immigrant workers who receive settlement payments as a result of an employment-related dispute will be subject to the maximum tax withholding rate, unless they have a TIN. For example, for a worker with a TIN, the withholding on back wages paid to the worker because of a settlement will be based on the worker’s family status and the number of exemptions the worker can claim. By contrast, if the worker did not have a TIN, the withholding would be figured as if the worker were single with no exemptions. Similarly, for workers without TINs, the withholding on payments other than wages, e.g., on payments for punitive damages, is figured at the “backup withholding” rate of 28 percent, whereas workers who have TINs ordinarily would have no withholding on such non-wage payments. DO TIN-FILERS PAY TAXES? Yes. That is the whole point. IS IT SAFE TO USE A TIN? Generally, yes. The IRS has strong privacy protections in place to ensure that immigrants who report their income and file their taxes are not at risk of having their information shared. Under Internal Revenue Code section 6103, the IRS is generally prohibited from disclosing taxpayer information, including to other federal agencies. However, certain exceptions apply. For example, the IRS is required to disclose taxpayer information to certain U.S. Treasury Department employees when they request it for tax administration purposes or to other federal agencies if it’s needed for a nontax criminal investigation and a federal court has ordered that it be provided. WHAT DOCUMENTS DO I NEED TO APPLY FOR A TIN? The form used to apply for an ITIN is the W-7: https://www.irs.gov/pub/irs-pdf/fw7.pdfInstructions from the IRS to complete the W-7 form can be found here:https://www.irs.gov/instructions/iw7 You must include original documentation or certified copies from the issuing agency to proveidentity and foreign status. (A notary cannot make certified copies for you.) Passport U.S. driver’s licenseForeign driver’s licenseU.S. state identificationcardU.S. militaryidentification cardU.S. Citizenship and Immigration Services(USCIS) photo identificationVisa issued by the U.S Department of StateForeign military identification cardNational identification card (must show photo, name, current address, date of birth, and expiration date)Foreign voter’s registration cardCivil birth certificate (required for dependents under 18 years of age)Medical records (dependents only – under 6)School records (dependents only – under 14, under 18 if a student)In the case of dependents, applicants will be required to submit additional documentation(along with the passport) like: If under 6 years of age: A U.S. medical record, U.S. school record, or U.S. stateidentification card that lists the applicant’s name and U.S. address, or a U.S. visa. TIN applicants are required to provide proof of their identity, foreign nationality status, and residency. (Proof must be submitted that any applicant claimed as a dependent resides in the U.S.,

Checklist of Documents to Bring to Your USCIS Interview (I-130 or I-1485) For Marriage-Based Cases For married couples who are preparing to attend their USCIS interview after submitting their Form I-130 Visa Petition and/or Form I-485 Adjustment of Status interview, you can use this checklist to gather supporting documents to bring to your USCIS interview.

See our full WebEx Virtual Hearing Guide here. The Department of Justice has several tables on their website which contain all the webex links for every Immigration Judge (throughout the country, I’m only focusing on New York). You can find that official master list of links at https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings. If your hearing notice states that you have a virtual hearing then you are expected to attend the hearing by going to the link on that notice and appearing virtually. If the link on your hearing notice isn’t working, you lostost your hearing notice, or you just don’t feel like typing it in then you can find the webex link for each New York Immigration Judge below (these sometimes change so if it isn’t working then you can check the Department of Justice’s official list of webex links. Please note that even though it should not be possible, the webex links can sometimes be case sensitive . If you ever have an issue with a webex link check the case matches the link. You can find a list of all of the Immigration Judges’ WebEx links at the bottom of this guide or you can find them here. HOW TO ENTER THE VIRTUAL COURTROOM 1. Find your Immigration Judge in the list below and click on the link 2. Click “allow” if you get a pop-up asking you about cookies 3. Depending on your browser and its setting a download may start or you may be prompted asking if you want to start downloading–YOU DO NOT NEED TO DOWNLOAD WEBEX UNLESS YOU WANT TO. Feel free to download it if you want but if you dot then you are on your own and the rest of these steps won’t be any help for you. Webex works just as well from the browser and it’s a much easier way of getting to your virtual hearing. 4. I recommend using webex from your browser by clicking the link which will bring you to a login screen. You do not need to make an account. You just type in your name and email address, then type the letters in the “CAPTCHA” to prove you’re not a robot and you can enter. Doing this will only get you into the Courtroom it is not going to create an account and you will have to do this step each time you enter a webex courtroom. You usually don’t even get an email from webex since it is a one-time entry. If you have a hard time reading the weird CAPTCHA letters then you can click on the little speaker logo the arrow is pointing to in the picture and it will read the letters aloud through your computer speakers. This serves a dual purpose by also testing the volume of your computer speakers. 5. Click the “Next” button and it will bring you to a screen where you can test your camera to make sure it is working. 6. You will most likely get a prompt requiring you to give your browser access to your computer’s camera and microphone but it depends on your browser and its settings. 7. If your audio does not connect and you see a button that reads “connect audio” simply click the button and select “computer’s audio.” 8. Turn your camera on using the button on the bottom of the screen to test it. 9. If your camera is working and sound is connected then turn off your camera using the button on the bottom of the page and mute your microphone using the mute button. NOTE: You must keep your microphone muted until you are talking to the Judge or you will disturb the courtroom (even if you don’t make noise it will cause echoing). 10. To enter the virtual courtroom (after you turn off your camera and mute your microphone) click the green button that reads “join meeting.” 11. The following screen will be what the inside of the virtual courtroom looks like. Since it is against the law to take photos, videos, or record audio during an actual virtual hearing I had to make a meeting with no other participants to make this guide, which is why the screen shows my name instead of showing a video feed of the Judge and the DHS attorney (Assistant Chief Counsel). During your actual Court hearing you will see them on the screen and probably multiple other people like a translator and other attorneys. 12. Use the buttons on the bottom of the page to mute/unmute, turn camera on/off, or anything else. Once you are done you can press the red button with the “x” to leave the virtual courtroom. TESTING WEBEX PRIOR TO YOUR HEARING You can do a test on a day prior to your hearing using this special webex test meeting link. DO NOT USE THE WEBEX LINKS FOR IMMIGRATION COURT ANY TIME OTHER THAN WHEN YOU ARE SCHEDULED FOR YOUR HEARING. It will throw you into a virtual hearing of someone else. You may find yourself on the big screen in the Courtroom behind the Judge while they are in the middle of a really important case and it would not be fun. FIND IMMIGRATION JUDGE’S WEBEX LINK WHO IS MY JUDGE? If you lost your hearing notice or you can’t figure out who your Judge is then go to the EOIR Automated Case Status System and look up your A# (the 9 digit number with the letter “A” in front of it that appears on every document you received from immigration). Once you enter your A number and press submit it will show you information about your case including the date, time, location, and Immigration Judge. NOTE: The automated system will show the location of the Court even if you have been scheduled for a virtual hearing. That does not mean you have to physically go to the Court at that address. You should still appear virtually. NEW YORK IMMIGRATION COURT LINKS FOR VIRTUAL HEARINGS (VIA WEBEX) COURT LOCATION IMMIGRATION JUDGE WEBEX LINK OPEN CALL