USCIS Announces Changes to H1B process
USCIS announced that a new process will be followed for H1B visa awards. See their link here.
If you have any questions about this or other visas, please call our office at 678-615-8529. We are here to help.
Call or Text us at (678) 615 - 8529 (8LAW)
Raluca was born in Romania and immigrated to the United States in her 20s with her husband and two suitcases. She obtained her undergraduate degree in Romania and a JD at the University of Georgia. Her law practice focuses on Immigration, Estate Planning, and Business Law. Raluca brings a unique perspective and empathy when working with her clients due to her own path toward obtaining her United States citizenship. She enjoys spending time with her husband and three children when not working.
USCIS announced that a new process will be followed for H1B visa awards. See their link here.
If you have any questions about this or other visas, please call our office at 678-615-8529. We are here to help.
According to the USCIS website, very little, at least initially. Since USCIS requires fees for almost all services, they will keep operating.
They are reminding everyone to attend all appointments and interviews as scheduled.
The EB-5 program will continue to operate but not the centers and certain applications will not be processed until further notice such as the I-924s. (link here)
E-verify won’t be available during the shut down.
We will update any information we have as more details become available.
We had a client who had a biometric appointment scheduled by USCIS for 12/24/2018. On 12/18/18 President Trump filed an executive order giving all Federal employees off for the 24th based on the discretion of the Department Head.
I called the local USCIS office and asked about biometric appointments. They told me that their office IS closed on 12/24/2018 and that anyone who has a biometric appointment scheduled will receive an new notice of appointment automatically.
USCIS announced that they have reached the cap for the first half of FY 2019 already. See their article here.
Any applications received by USCIS for a start date before April 1, 2019 will be now rejected.
There is a congressionally mandated cap of 66,000 and a lottery was used to assign the 33,000 for the first half of the year.
USCIS will continue to accept applications for workers who do not fall under the cap. These include:
We 100% support legal immigration. Applying for asylum is NOT illegal. We really liked this article that gives a little glimpse of those who are traveling to the US and why.
If you feel inclined during this holiday season (or at any time) here is how to help (no affiliation with our firm).
Implementation went into effect as of October 1, 2018.
There is some discussion that this new policy is changing USCIS status to an enforcement agency. We will keep you updated as any litigation regarding this policy is undertaken or decisions published.
Here is a link to the memorandum.
USCIS clarified that:
Under the updated guidance, USCIS will now also issue NTAs in the following cases:
The EB-5 program is set to 12/7/2018. Many in the immigration legal community have suggested that USCIS is working on new policies so they don’t think it will end but will be changed.
The proposed regulatory changes include: the minimum investment is expected to increase from $500,000 to $1,350,000; the new EB-5 rule will limit investments in highly-desired urban areas, such as Southern California, Seattle, New York City, and San Francisco so as to encourage rural investment and raise U.S. government fees.
If you or family were considering applying for an EB-5, don’t delay.
This administration is much more conservative about immigration and has also discussed a merit-based plan.
Call our office today to set up a consultation to determine if an EB-5 is possible for you. 678-615-8529
We posted a fast Q&A about the K1 aka Fiancee visa on our Facebook page. Please check it out HERE and like our page to see any future videos. We are planning on doing a live every day this month and would love to answer any questions you might have. Post them below or on our facebook page.
Our Employment Based Immigration posts have been a great success. We’ve been thrilled to welcome new clients this month and provide value to all of our readers. This post combines everything we’ve written this month. It is more streamlined but repetitive (so if you’ve read each one, this is why it might seem like you’re reading the same thing again).
Our goal, at the Hanea Law Firm, is to make your experience as stress-free because we are as helpful as possible. We know we have achieved that goal when you come back and refer your friends. Thank you for trusting us.
We have successfully helped business and individual clients with applying for and receiving visas and green cards through employer-based sponsorship.
Why is employer-based immigration a great choice for people?
Many people, especially older married children of immigrants, are frustrated with extremely long processing times for family-based immigration. Having an employer sponsor you, or if you have a qualified business of your own, the length of time it takes may be significantly decreased.
What do all those letters mean in front of the numbers for visas?
There are over 100 types of visas so…it would take way too long for us to tell you what everyone means but we can tell you that EB is for Employment Based. These initials are used in front of several different types of visas that are granted through employment based sponsorship. There are many visas that can be obtained through employment based sponsorship that do not begin with “EB.”
What can be sponsored by employers?
Businesses can apply for time limited visas (such as an H1B) or a green card aka lawful permanent residency (“LPR”) for their foreign labor employees.
What is immigration that is employer-sponsored?
When a business sponsors a foreign laborer or foreign national as an LPR through a permanent job offer that is Employer-sponsored immigration.
Immigrant v Nonimmigrant Status?
Someone with Immigrant status is working toward becoming an LPR and eventually they, want to become a US Citizen.
Someone with a nonimmigrant status is in the US temporarily and are not considered to be moving toward becoming a US Citizen. They can apply to change their status to become an LPR.
Can an employer help their foreign worker apply to obtain a green card?
Yes.
Employers can apply for a green card for their workers. Once they obtain one this provides the worker what is called “lawful permanent status” so they are now a “lawful permanent resident” (“LPR”).
What is the most common application for employers to sponsor someone?
The most common application filed by employers for foreign workers is the H1B visa as of July 2018.
What is the limit of how many workers can be granted a green card by employer sponsorship?
Employment based immigrant visas are limited to 140,000 per year. There are also per country limits.
How does a company start the process for employment based immigration?
MOST OFTEN a company must obtain an approved Application for Permanent Labor Certification (aka PERM) from the US Department of Labor.
Then the employer files a form I-140 for the employee.
Is there a limit on how many workers can be granted a visa through their employer’s application?
Yes, there is a limit on how many temporary worker visas that are granted yearly.
What is an EAD?
An EAD is an “employment authorization document” meaning a person who has one can work in the United States legally.
Does an employee who is here on a temporary work visa or LPR need to get an EAD (Employment Authorization Document)?
Yes, an employee here on a visa or green card must obtain an EAD.
Once I’m working at an employer in the United States who sponsored me, can I leave if I don’t like it and get a different work sponsor?
No, in order to leave you would need a different employer to sponsor you before you leave the original sponsoring employer.
There are very narrow circumstances that may allow you to leave your place of employment who has sponsored you like you are a victim of a crime perpetrated by the employer or your employer is trying to make you commit a crime. However, these are very limited. Our office can help review your case and determine if these would apply to your individual circumstances.
Do I have to be specially trained to be able to get an employer-based work visa?
You DO need to have special skills or training to obtain a visa.
What factors are considered when visas are granted for employer-based immigrants?
There are 5 preferences for Employment based visas which require different skills sets and education specific to the position for which the employer would sponsor an employee.
What are the various types of visas an employer can sponsor?
There are several visas an employer may choose to sponsor an employee under. There are also immigrant visas that provide a green card.
How does an employer obtain an H1B visa for a an employee?
First, an employer must submit a Labor Condition Application (“LCA”) with the Department of Labor to ensure they are in compliance.
How do L1A visas differ from an L1B visa?
The L-1A is for employees in a managerial or executive position with a company outside the US who are transferred into the US by an intracompany transfer.
L-1B visas are employees with specialized knowledge for intracompany transferees to the US.
Are there any ways I can apply for a green card without an employer sponsor under an employer based immigration category?
Yes, if you have the funds to invest into the appropriate and approved business you don’t need an employer sponsor.
Can the application fees be considered wages for employees by the employer?
No, application fees cannot be considered wages. An employer must pay prevailing wages for the particular position for which they hire the individual.
If I am here on a student visa, can I adjust my status to an employer-based visa?
In most circumstances, a student visa cannot be adjusted while the individual remains in the United States.
Is there anything that would keep me from getting a visa?
Yes, there are a variety of circumstances that might keep you from getting a visa.
What is a TN visa and how is NAFTA involved?
TN visas are employer-based non-immigrant visas for Canadian and Mexican citizens. TN visas are one type (but not the only type) of visa mentioned and governed by NAFTA (“North American Free Trade Agreement”).
What type of evidence required to prove that a Canadian or Mexican citizen is a professional in a qualifying profession is spelled out in NAFTA.
How many TN Visas are issued yearly?
In the fiscal year 2016 (the most recent for which the US has stats) almost 15,000 TN visas were issued.
Is vetting done for TN Visa holders?
Yes, it is. Applicants must pass a background check and are their applications are scrutinized by border agents for Canadians and Consular Officers and border agents for Mexicans. Plus, The Department of Homeland Security and The Department of State determines who can enter the United States under TN visas.
Do TN visa holders help the United States?
Yes, TN visa holders help with industry shortages in areas such as healthcare and agriculture.
The types of professionals that are able to seek admission as TN nonimmigrants include accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:
How long can TN visa holders stay in the United States?
The initial amount of time a TN visa holder can stay in the US with their visa is three years.
Are families of TN holders able to come to the US with a visa, too?
Yes, a TN visa holder’s spouse and children under age 21 are also granted visas to live here during the same time. (These do not give them employment authorization).
A tiny NAFTA overview
Ronald Reagan started planning for NAFTA when he ran for President, it was finally signed on January 1, 1994 by the US, Mexico and Canada. NAFTA eliminated tariffs (a tax) for the three countries to make it easier to move goods across each other’s borders. Removing the cost of taxes helped to increase opportunities for all three countries.
If it’s not broken why fix it?
Parts of NAFTA are a bit broken. The digital world has grown MASSIVELY since it was signed. President Trump has said that “it is the worst treaty ever entered into” and he argues that changing it will return US jobs to the US.
Why was August so important for NAFTA negotiations?
August 25, 2018 was when the US wanted any changes to be agreed upon by Canada and Mexico. The US must give Congress 90 days to review and approve any changes before it is signed by the participating countries. The current Mexican president is scheduled to leave office on December 1, 2018 so he was hoping he would be able to sign it before the new President came into office. Trump and Mexico reached an agreement on August 27, 2018. Canada has not.
What about if Canada doesn’t agree?
Without Canada signing off on any changes, nothing can be changed. The US can pull out of the agreement but only with Congressional approval – which isn’t likely in the time desired, if at all.
Why won’t Canada agree:
The issues that were causing a delay in agreement included:
Why is dissolving NAFTA a bad choice?
The U.S. Chamber of Commerce published a report on NAFTA in 2017. This report showed that trade with Canada and Mexico supported almost 14 million jobs in the U.S., with nearly 5 million of these jobs related to the increase in trade created by NAFTA.
NAFTA gives all three countries much strength when negotiating and competing with Europe and China than they have on their own.
Both US companies and farms will feel more financial strain with increased tariffs.
Currently, ttrade secrets and intellectual property are protected by NAFTA. We don’t have a similar agreement with China and many companies (large and small) lose tons of money because of this, without this protection there is a concern they will lose even more. Many smaller companies won’t sell or produce in China because of this.
Finally, for immigration purposes, dissolving NAFTA will get rid of the TN visa.
Is there anything else in immigration that might be impacted by changes in NAFTA?
Yes, since the TN visa is not the only one created within NAFTA any others, will be impacted. The E-1 and E-2 treaty trader/investor visa categories will also be impacted. These visas are for investors which create jobs for U.S. workers.
According to the Department of Commerce, Canadian foreign direct investment supported 636,100 jobs in the U.S. in 2015 and Mexico’s foreign direct investment for the same period supported 79,900 jobs in the U.S.
How Not To Lose Your Status When Here On Employment Based Visa
It seems common sense but we think we need to remind everyone that you cannot do whatever you want while in the US on a visa.
Whatever would be a basis for denying you a visa should not be done when here in the US.
This includes: drug trafficking; overstaying a previous visa; or submitting fraudulent documents. In some instances there may be waivers available for some of these.
When you are here on an employment based visa, you are a “temporary worker.” Always remember, you cannot stay in the US permanently with a temporary visa. If you overstay your visa you may lose the chance to ever return to the US.
Here’s a list we recommend you review and follow:
We also provide a list of things that our employer clients should do to keep themselves off the debarment list:
All of our posts are broad and should not be considered advice for your specific situation. If you have any questions, please submit them to us on our Facebook page or on our website.
Please contact us to discuss how we can help you – 678-615-8529.