Posts Categorized: L-1B Visa

26
January 2017

Limiting legal immigration: “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs”

On Tuesday, Vox was given six documents that purported to be draft executive orders under consideration by the Trump administration. The source noted that “all of these documents are still going through formal review” in the Executive Office of the President and “have not yet been cleared by the [the Department of Justice or the Office of Legal Counsel].”

Read the draft order here, https://cdn0.vox-cdn.com/uploads/chorus_asset/file/7872567/Protecting_American_Jobs_and_Workers_by_Strengthening_the_Integrity_of_Foreign_Worker_Visa_Programs.0.pdf.

A sweeping proposed order would, essentially, reduce the scope of legal immigration to the United States. It also begins to lay the administrative and policy groundwork for further legislation altering the scope of legal immigration into one that, in the words of the cover memo, “prioritizes the interests of American workers.

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One provision would reverse Obama’s extension of the duration of Optional Practical Training work visas and decision to allow the spouses of H1 guest workers to also have work permits. Another provision would undo relief Obama has granted to people eligible for green cards but unable to apply for them due to what’s known as the “three- and ten-year bars.”

Another provision calls on the Department of Homeland Security to begin “site visits” at places that employ guest workers with L-1 visas and then to expand the site-visit program to cover all employment-based visa programs within two years.

It calls on the Secretary of Labor to commission a report investigating “the extent of any injury to US workers” caused by the employment of foreign workers, on DHS to report regularly on the number of foreigners working in the United States, and to “immediately restart work on regular benefit fraud assessments for all immigration benefits categories.

24
August 2016

U.S. Citizenship and Immigration Services (USCIS) began its Administrative Site Visit and Verification Program (ASVVP) in 2009. Under the program, site visits are conducted by the Fraud Detection and National Security directorate (FDNS) of USCIS. FDNS conducts site visits for religious worker petitions, H-1B petitions, and since 2014, L-1 petitions. (Administrative Site Visit and Verification Program (updated 10/30/14), USCIS, https://www.uscis.gov/aboutus/directorates-and-program-offices/fraud-detection-and-national-security/administrative-site-visit-and-verificationprogram.)

An employer that signs Form I-129 agrees that “any supporting evidence submitted may be verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.” FDNS site visits are voluntary, but it is strongly recommended that employers cooperate should one occur. Employers should also be advised to contact their immigration attorney immediately should an FDNS investigation take place. Though most site visits are unannounced and FDNS will not reschedule a visit to accommodate counsel, counsel is permitted to be present if logistically possible and might be permitted to participate via telephone.

Common Red Flags for FDNS Site Investigators:

 

• The beneficiary’s salary in pay statements does not match the amount stated in the petition.

• Reported income on the beneficiary’s Form1040 does not match the beneficiary’s salary, or the beneficiary reports as “self-employed.”

• The address of the beneficiary’s work location in the petition is not an actual work site.

• Virtual offices or empty offices without equipment are listed as the beneficiary’s place of employment.

• The beneficiary lacks a work email or work phone number.

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05
June 2016

Mexico and Uruguay are set to face off in a Group C match at University of Phoenix Stadium in Glendale, Ariz. on Sunday night.

Both sides come in with high aspirations for the tournament, Mexico led by Javier “Chicharito” Hernandez up front, and Uruguay hoping to get by without star forward Luis Suarez, who has a hamstring injury but is not ready to return.

How to watch (the easy part)

Match time: 8 p.m. ET

TV channel: DirecTV and Dish Network on Fox Sports 1, and KBNT Univision Channel 17 in San Diego

Live stream: You can see Mexico-Uruguay and every match of the Copa America Centenario live in Spanish on Fubo TV. Sign up now for a 24–hour free trial. The match can be live streamed here in English.

Find the full schedule for the tournament here.

How to get a visa in Mexico to come to the U.S. (the hard part)

 

Regardless of visa class, according to U.S. immigration law, all applicants must qualify as an individual and overcome the presumption of immigrant intent. (H-1B and L visa applicants are exempt from overcoming the presumption of immigrant intent.) In addition, other specialty visa classes exist for agricultural workers, nurses, athletes, entertainers, major investors, and artists.

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05
June 2016

Mexico take on Uruguay at the University of Phoenix Stadium in Glendale, Arizona (FS1, 8 p.m. ET). After a long wait, Mexico’s Copa America quest begins in earnest Sunday with a tough game against Uruguay. Sunday’s clash between Mexico and Uruguay will very much decide Group C. Keep your eyes on Javier “Chicharito” Hernandez, this summer is his time to shine and El Tri are a different team with him on the pitch. Need further proof? Look at their 1-0 warm-up win vs. Chile last week. He came on as a 78th minute substitute, the score tied at 0-0, and promptly scored the winning goal with four minutes remaining. Chicharito (43 international goals) is just three shy of tying Jared Borgetti as Mexico’s all-time leading scorer.Juan Carlos Osorio, meanwhile, has set his team’s sights on nothing less than a trip to the final.

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Getting to the U.S. from Mexico, Legally!

If you are traveling to the U.S. from Mexico, here is some information about border wait times.

If you are seeking a visa to the U.S. from Mexico, here is some information about available visas.

Nonimmigrant visas (NIVs) are intended for those who plan to visit the U.S. for business or pleasure; students or exchange visitors embarking on study or cultural work programs in the U.S.; people who are transiting through the U.S. to other onward destinations; seasonal temporary workers or workers who have been hired by U.S. companies for longer periods of time; visitors on diplomatic, official or U.N. business; journalists who are providing media coverage of time-specific events; and others who are traveling to the U.S. for limited time periods.

 

To better understand the different visa classes for business travelers, please find below a brief description of the most frequently used visas for business work and training travel.

B1/B2 Business and Pleasure Visa:

  • Permits the traveler to consult with a business associate or negotiate a contract.
  • May buy goods or materials, or repair equipment.
  • Allows participation in conventions, conferences, or seminars.
  • May seek investment opportunities.
  • Short-term job training that takes place in a classroom or lecture hall setting, but not on-the-job training.
  • Travelers cannot be compensated from a U.S. source.

 

 

 

H-3 Trainee Visa:

  • A petition-based visa that allows the traveler to participate in on-the-job training.
  • The traveler’s pay can be based in U.S.
  • The traveler may not train in a position that would replace normal operations or take the job of a U.S. worker.

H-1B Work Visa:

  • A petition-based visa that allows work for a period of up to six years in a specialty occupation.
  • Specialty occupations are professions that require a college degree or equivalent to enter.

L Work Visa:

  • Intra-company transfers.
  • L visa classification designed for multinational businesses with offices in many countries and a corps of specialized employees.
  • A petition-based visa. The applicant must have been employed overseas by the transferring organization for at least one year within the past three years and will be performing duties in the United States for the same employer or a subsidiary or affiliate.
  • Their intended position in the U.S. is managerial, executive, or involves specialized knowledge

Regardless of visa class, according to U.S. immigration law, all applicants must qualify as an individual and overcome the presumption of immigrant intent. (H-1B and L visa applicants are exempt from overcoming the presumption of immigrant intent.) In addition, other specialty visa classes exist for agricultural workers, nurses, athletes, entertainers, major investors, and artists.

 

 

25
May 2016

 

A partir del 21 de abril, 2016, los peticionarios que presentaron un Formulario I-129, Petición de Trabajador No Inmigrante, y que solicitaron una extensión de estatus o cambio de empleador, pueden presentar una consulta despues de que la petición ha estado pendiente por 210 días o más. Ahora los solicitantes pueden presentar esta consulta en línea seleccionando “caso está fuera del tiempo normal de procesamiento”.

 

 

 

 

 

 

Se les recuerda a todos los clientes de USCIS que si se mudan mientras su caso está pendiente, debe informarnos acerca de su cambio de dirección. Puede hacerlo electrónicamente en uscis.gov/es/cambiodireccion. También puede llamar al Centro Nacional de Servicio al Cliente al 1-800-375-5283 (TDD para sordos y personas con impedimentos auditivos: 1-800-767-1833) o enviarnos por correo su Formulario AR-11.

As of April 21, 2016, petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of stay or change of employer, can submit an inquiry after their petition has been pending for 210 days or more. Petitioners may now submit this inquiry online by selecting “case outside normal processing time.”

Reminder: If you move while your case is pending, you must inform us of your address change so that you continue to receive our notifications. You may do so online at uscis.gov/addresschange, by calling the National Customer Service Center at 800-375-5283 (TDD for deaf and hard of hearing 800-767-1833) or by mailing Form AR-11, Change of Address.

 

 

10
February 2016

Modernizing & Streamlining our Legal Immigration System for the 21st Century

Attorneys at Guerra & Johnson are participating in a stakeholder engagement on Wednesday, Feb. 10, from 2 to 3 p.m. (Eastern) to discuss the Department of Homeland Security’s (DHS) final rule, “Enhancing Opportunities.” This is one of the recommendations published in the White House Report for Modernizing & Streamlining our Legal Immigration System for the 21st Century.

This final rule, posted to the Federal Register on Friday, Jan. 15, 2016 and effective on Tuesday, Feb. 16, 2016, revises regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3); the immigrant classification for employment-based first preference (EB-1) outstanding professors and researchers; and nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification. The revisions to these regulations remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.

The final rule amends DHS regulations as follows:

  • DHS is including H-1B1 and principal E-3 classifications in the list of classes of foreign nationals authorized for employment incident to status with a specific employer. This means that H-1B1 and principal E-3 nonimmigrants are allowed to work for the sponsoring employer without having to separately apply for employment authorization.
  • DHS is authorizing continued employment with the same employer for up to 240 days for H-1B1 and principal E-3 nonimmigrants whose status has expired while their employer’s timely filed extension of stay request remains pending.
  • DHS is providing this same continued employment authorization for CW-1 nonimmigrants whose status has expired while their employer’s timely filed Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, request for an extension of stay remains pending.
  • Existing regulations on the filing procedures for extensions of stay and change of status requests now include principal E-3 and H-1B1 nonimmigrant classifications.
  • Employers petitioning for EB-1 outstanding professors and researchers may now submit initial evidence comparable to the other forms of evidence already listed in 8 CFR 204.5(I)(3)(I), much like certain employment-based immigrant categories that already allow for submission of comparable evidence.

According to DHS, the regulatory changes are meant to “improve the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant classification” and “remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.”

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12
January 2016

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status.

The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

See more information on the changes here: USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

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23
December 2015

Remember Executive Action in Immigration Reform and the promise of work authorization and EAD cards for all the H-1B Visa Holders on the EB-2 and EB-3 Backlog from India and China, is this finally the answer?

On December 22, 2015, the Office of Management and Budget (OMB) concluded its review of a rule proposed (8 CFR 103, 8 CFR 204 to 205, 8 CFR 245, 8 CFR 274a) by the U.S. Department of Homeland Security (DHS) that would “allow certain approved immigrant petition for alien worker (form I-140) beneficiaries to obtain work authorization…” The Department of Homeland Security (DHS) is proposing to modernize the immigrant visa system by amending its regulations governing the adjustment of status process and employment-based immigration. This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.

Through this rule, DHS proposes to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries to obtain work authorization, clarify the meaning of portable work authorization, and remove unnecessary restrictions on the ability to change jobs or progress in careers, as well as provide relief to workers facing lengthy adjustment delays. (under Legal Authority: 8 U.S.C. 1103, 8 U.S.C. 1154 and 1155, 8 U.S.C. 1255, 8 U.S.C. 1324a)

 

There is no legal deadline or timetable set. It is not expected that the proposed rule will be implemented soon. When the rule is implemented, Guerra & Johnson, P.C. will be able to help eligible individuals apply for work authorization and provide any updates as soon as this information is released.

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Are you interested in learning more and supporting this rule?

Ask your Legislator to Support Business Reform:

Our nation needs highly skilled individuals to bring innovation and job growth to our economy and sometimes those workers come from outside of the U.S. Positive immigration reforms that can ameliorate the damage caused by our out dated business immigration system.

Schedule In-Person Meetings

Face-to-face meetings are the most effective way to influence your legislators and build or maintain relationships with them. In the district offices, staff typically handle constituent services and immigration casework and are the legislator’s constant connection to their constituents. In the D.C. offices, staff work on legislation, regulatory, and policy issues every day and greatly influence their bosses’ positions and votes.

Establish a Relationship With a Congressional Office as an Immigration Caseworker

Get to know your lawmakers immigration caseworker by presenting yourself as a resource on legal immigration matters. Help the caseworker understand the direct correlation between the treatment of immigrants under our outdated immigration laws. This is helpful in achieving advocacy goals!

Host a Congressional Breakfast

Invite Congress member and staff to breakfast, to discuss immigration issues facing their constituencies and hear from them their positions on immigration policy. Breakfasts can be issued all year long to educate and maintain contact with local staff from your local Congressional offices.

 

21
December 2015

On November 20 and 21, 2014, President Barack Obama announced a series of administrative reforms of immigration policy, collectively called the Immigration Accountability Executive Action. The centerpiece of these reforms is an expansion of the current Deferred Action for Childhood Arrivals (DACA) initiative and the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative for the parents of U.S citizens and lawful permanent residents who meet certain criteria.

Together, these initiatives could provide as many as 5 million immigrants with temporary relief from deportation. Moreover, DAPA and expanded DACA is expected not only to keep families united, but also to increase U.S. gross domestic product, increase tax revenue, and raise wages.

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17
December 2015

December 14, 2015

 

DOS and DHS filed in the Western District of Washington a motion to dismiss the plaintiffs’ class action lawsuit, contending that the court lacks jurisdiction under the Administrative Procedure Act (APA) to review the revisions to the “Dates for Filing Visa Applications” chart, and that the plaintiffs have failed to state a viable claim for relief.