Which Employers Can Opt for It?

B-1 visa in lieu of H-1B visa is an option for:

• U.S. employers or companies that need a foreign worker to perform job duties usually assigned to the H-1B workers. However, a U.S. company can bring only those foreign workers who are currently employed with its foreign-located:

• Parent company

• Subsidiary or

• Affiliate

• Foreign employers or companies that need to send their employees to the U.S. companies, again for H-1B-like tasks and duties. Again, a foreign company can send employees only to its U.S.-located:

• Client

• Affiliate or

• Subsidiary

Get consultation from H1B Visa Attorney in Orange County

Which Foreign Workers Qualify for It?

Usually, a foreign worker who qualifies for H-1B visa also qualifies for this arrangement. Though, there are few exceptions. Here are some eligibility conditions:

• Permanent employment with a foreign company who is related to a U.S. employer in one of the above-mentioned ways. Contract-based workers are not eligible.

• Degree equivalent to U.S.’s Bachelor degree (or higher) in one of the specialized fields like engineering, science, medicine, law, architecture etc., specifically relevant to the job duties in question.

• Adequate work experience (12 years or more in usual cases) in the relevant specialty occupation. It is worth mentioning that this condition may be accepted as an alternative to the previously-mentioned degree condition. However, both degree and work experience are required in many cases.

Which Work or Job Duties Qualify for It?

According to the B-1 in lieu of H-1B FAM (Foreign Affair Manuals) set by the Department of State, this arrangement is acceptable for works or job duties that:

• Belong to the category of specialty occupation that demands workers with specialized theoretical and practical knowledge.

• Are intended to be finished in short periods of time, usually not exceeding 6 months to one year.

• Do not engage the foreign workers in the local employment, thereby affecting the local employees in one or the other way.

What Are Its Top Advantages/Provisions?

The arrangement promises a number of advantages to the U.S. employers, like:

• Unlike H-1B visa process, there are no designated quotas or caps for B-1 in lieu of H-1B.

• The U.S. employers need not to file visa petitions or labor condition applications, as required in H-1B visa application process.

• It allows multiple short visits to the U.S., if the work demands so.

• One or more employees can be hired depending on the work requirement.

• Visa is usually granted in the matter of few weeks.

• Foreign employer, and not the U.S. employer, would be the one paying the worker. In fact, the employee would be on foreign employer’s payroll during his or her stay in the U.S. Only exceptions would be the reimbursements related to housing, transport etc.

What Process Is Involved?

In order to obtain B-1 in lieu of H-1B, the foreign employer/employee needs to file applications with a U.S. consulate or embassy nearby. The employee would need to attend an interview at the consulate after which the final decision is taken. The important documents that must be attached with the application or produced during the interview include:

• Documents showing agreement between the U.S. employer and foreign employer and outlining the work/job duties in question along with intended duration.

• Curriculum vitae of the employee.

• Certificates as evidence for the qualification equivalent to Bachelor’s or higher degree.

• Documents approving the work experience of the employee (from previous and present employers).

• Records of payroll/remunerations from the present permanent employer.

• Rental agreement for the applicant.

The copies of these documents should also be carried at the port of entry.

What Are the Chances of Denial?

B-1 in lieu of H-1B denial is not uncommon. First, this visa category is highly scrutinized to prevent any misuse of the arrangement. Second, the consulates as well as the officers working with the U.S. Customs and Border Protection are usually not familiar with this option. Third, if a foreign employer/employee applies for multiple renewal of visa after expiration, it might lead to suspicion.

It is important that you consult an immigration attorney or a B-1/H-1B visa expert to know all important aspects of the arrangement. You may also learn about other similar options like B-1 in lieu of H-3.

Additional Information – Get consultation from some of the best attorneys in Orange County

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The post How Does B-1 Visa in Lieu of H-1B Work and Important Things to Know appeared first on Global Law Centers.

• While an annual cap of 85,000 exists for H1B visa, there is no such cap restriction in case of TN visa
• TN visa application cost is much lower than that of H1B visa
• TN status extension is possible an indefinite number of times while H1B can be extended to 6 years only.

If you are a Canadian or Mexican citizen willing to work in U.S., here’s a useful guide about TN visa.

Additional Information – TN Visa Attorney in Orange County

TN Visa Requirements

In order to qualify for TN visa, the beneficiary:

• Be a Canadian or Mexican citizen

• Qualify for a NAFTA-listed TN visa professions or occupations (see the next section)

• Have a part or full-time job offer from a U.S. employer

• Meet requirements related to educational qualification and experience

In addition, the employer must provide evidence that the job in question requires a NAFTA professional.

Also note the following requirements that are applicable in some cases:

• A beneficiary with non-U.S. degree must get his or her degree’s acceptability in the U.S. verified
• Letter from previous/past employers might be required as proof for experience
• Certification requirements are necessary to be fulfilled for the healthcare professionals like registered nurses, medical technologists, physical therapists and others.

TN Visa Professions List

Here’s a list of occupations recognized by NAFTA for TN visa:

• General:

  Accountant, architect, computer system analyst, disaster relief insurance claim adjuster, economist, engineer, forester, graphic designer, hotel manager, industrial designer, interior designer, land surveyor, landscape architect, lawyer, librarian, management consultant, mathematician, range manager, research assistant, scientific technician, social worker, sylviculturist, technical publications writer, urban planner and vocational counselor

• Medical Professional:

  Dentist,dietician, medical laboratory technologist, nutritionist, occupational therapist, pharmacist, physician, pharmacist, psychologist, recreational therapist, registered nurse andveterinarian

• Scientist:

  Agriculturist, animal breeder, animal scientist, apiculturist, astronomer, biochemist, biologist, chemist, dairy scientist, entomologist,epidemiologist, geneticist, geologist, geochemist, geophysicist, horticulturist, meteorologist, pharmacologist, physicists, plant breeder, poultry scientist, soil scientist and zoologist

• Teaching: College, seminary and university

TN Visa Time frame

TN visa is initially granted for the maximum of 3 years. The TN visa holders must immediately leave U.S. as soon as the visa expires (unlike H1B visa, in which agrace period is offered). However, TN visa renewal or extension is possible (in the increments of 3 years) and can be done an indefinite number of times.

For TN visa extension, there are two options:

• The employer fills the Form I-129 and submits it along with extension letter (similar to the initial job offer letter) and beneficiary’s citizenship and educations proofs.
• The original process of applying for TN visa (described in the next section) is repeated. For this, the Mexican citizens would need to visit a U.S. consulate, while the Canadian citizens would be required to leave and re-enter U.S.

TN Visa Process

For Mexican Citizens: A Mexican citizen must obtain a TN-2 visa from a U.S. consulate before leaving for U.S. The application process is as follows:

• Fill Form DS-160 online and print the application form

• Pay TN visa feeof $160

• Schedule the visa interview

• Prepare all important documents including Form DS-160, valid passport, photograph, fee receipt, job letter from a U.S. employer, education/experience certificates

• Appear for the visa interview

For Canadian Citizens: Unlike Mexican citizens, Canadian citizens can obtain TN-1 visa right at a U.S. port of entry ora pre-flight/pre-clearance station. The following documents would be required:

• Canadian citizenship proof

• Job letter from a U.S. employer

• Education/experience certificates

Canadian citizens need to pay the TN visa fee of $56 ($50 if travelling by air)

An alternative to the above procedures is applying for TN status with the U.S. Citizenship and Immigration Services (USCIS). It must be done by the employer by filling Form I-129 and paying the fee of $460.

TN Visa Processing Time

• Mexican citizens applying for TN visa with a U.S. consulate or embassy may expect visa approval within 7-10 days from the date of interview. The visa interview waiting time may, however, vary from one consulate to another.
• Canadian citizens applying for TN visa at the port of entry or pre-clearance/pre-flight station can expect visa approval on the same day.
• If applied with USCIS, TN visa processing may take up to 6 months. However, premium processing option is available that would reduce the processing time to 15 calendar days. The additional fee of $1,410 must be paid for TN visa premium processing.

Common reasons for TN visa denial include indicating the wrong occupation and insufficient documentation. Take guidance from a TN visa immigration lawyer to improve the approval chances.

The post Everything You Need to Know about TN Visa for Canadian and Mexican Citizens appeared first on Global Law Centers.

How Did It All Start?

In April, 2017, President Donald Trump signed the ‘Buy American Hire American’ executive order, intended at creating higher employment rate for the U.S. workers. The order guides the Department of Homeland Security to strengthen the current immigration system and scrutinize the process of granting H-1B visas. Since the coming out of the order, numerous changes have been proposed, some of which are in the process of implementation. So, what these changes are and how do they affect you as an H-1B petitioner or beneficiary? Also, how to be prepared so that these changes don’t affect your success probability? Let’s find out.

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Reversed Selection Order – New H-1B Rules 2019

In November 2018, the U.S. Citizenship and Immigration Services (USCIS) proposed to reverse the order in which the petitions are selected from ‘Regular’ and ‘Master’s’ (advanced degree) quotas that respectively have the caps of 65,000 and 20,000. Earlier, the applicants for the Master’s quota cap were selected first, followed by the selection of applicants towards the Regular quota (consisting of Bachelor’s degree holders and the unselected advanced degree holders from Master’s quota).

Starting 2019 H-1B visa filing season, the selection order will be reversed to adhere to the ‘Buy American Hire American’ executive order’s intent to award H-1B visas to most-skilled or highest-paid beneficiaries. As estimated, the change would increase the hiring of advanced degree holders by 16%.

Among the many responses that USCIS obtained regarding this new proposal, the one from American Immigration Lawyers Association (AILA) is worth noticing. The association argues that considering that the number of advanced degree receipts increased almost 3 times from 30,641 in FY 2013 to 87,380 in FY 2017, there is no way that the hiring of advanced degree holders is affected. So, the new proposal is likely to be challenged.

Electronic Registration Process

The USCIS proposed another change to H-1B visa petition filing process. Earlier, the employers would file petitions on behalf of foreign candidates during the petition filing season that usually begins from the first working day of April every year. The proposed rule would require the employers to first register with the agency electronically within the designated 14 calendar days. From the received registrations, the agency would conduct lottery and the petitioners whose registrations are selected would be notified. They would then have 60 days time period to file the H-1B application for final processing.

According to the latest H-1B visa news, the proposed change has been postponed to the next filing season (2020). Among the many responses that USCIS received regarding the proposed change, here’s what AILA urged the agency. The association recommended USCIS to postpone the implementation of electronic registration process until the time the new system is fully functional and beta-tested to ensure that there would be no hiccups. So, the usual petition filing process is most likely to be continued for this season (starting April 01, 2019).

What Else to Know?

• Increase in Number of Denials and RFEs:

  There has been an increase in the number of H-1B visa denials. The USCIS now issues more number of Requests for Evidence, demanding more data and information about the filed petitions from the petitioners. It is considered as the part of intense scrutinizing of the visa approval process in a bid to choose the most skilled workers.

• Future of Premium Processing:

  Premium processing allows petitioners/beneficiaries to expedite H-1B visa processing by paying an additional fee. The option was, however, suspended in 2018 and resumed in the beginning of 2019, only to clear the backlogs.

Preparing for the Changes

As a U.S. employer/petitioner, you need to make some good preparations to ensure that the changes don’t affect your requirements to hire skilled professionals. Here are some tips:

• Whenever the electronic registration system comes into force, make sure you understand the process and register carefully. For example, be ready with correct identification number, job title, beneficiary’s information etc. to avoid getting rejected. Remember that a separate registration would be required for each beneficiary.
• Select the right candidates, preferably the U.S. graduates and Master’s degree holders.
• Consult an expert immigration attorney throughout the process.

The effectiveness of these changes would only be proved with time. Keep a watch on H-1B visa latest news 2019 for more updates.

The post Getting Ready for the Upcoming PossibleChanges to H-1B Visa Program appeared first on Global Law Centers.

Reasons to Find a Sponsor

A sponsor is mandatory to land an H1B job if you are an:

• F1 student currently on Optional Practical Training (OPT) and willing to switch to a more permanent employment option

• L1 visa holder willing to change the status to H1B

• H1B visa holder willing to join a new employer

• Visa holder under F2, H4 or other status and willing to change the status to H1B

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Why Does an H1B Database Exist?

The Department of Labor’s Office of Foreign Labor Certification is committed to the Open Government initiative and hence discloses the data generated through certification of Labor Condition Applications submitted by different U.S. employers or companies. Different H1B databases extract information from here and present it in the most convenient form to help the H1B job seekers.

Top H1B Database Sources

The Department of Labor’s Employment and Training Administration (DOLETA) runs the inert application which maintains the Labor Certification Registry. You can conduct a quick search using these records to find information about employers who submit the Labor Condition Applications before filing the H1B petitions. You can search the database using different criterions and filters like:

• Case Type: Apart from H1B visa cases, the information is also available for Green Card PERM cases, H-2A, H-2B and more

• State or territory of intended employment/ZIP code

• Employer name, if you want to search for information associated with a particular U.S. employer

• Certification date range to specifically search for Labor Condition Applications within a period

Apart from this, here are some of the other popular online H1B databases you can explore:

• H1bdata.info
• Visadoor.com
• Myvisajobs.com
• H1visajobs.com

Additional info – To get consultation on H1B Visa, Call 1-800-605-5801 – H1B Visa Lawyers  in Orange County 

How to Use a Database for H1B Job Search?

Here are some tips on how to search for an H1B job using these databases:

• First of all, you may conduct a search in the H1B Labor Condition Application salary database using search filters like employer name, job title, work state and fiscal year. You may use one or a combination of these filters to refine the search results. Suppose, you search for the job title ‘Software Developer’. The search results would return with:
• H1B visa case petition number
• Employer’s name
• LCA status
• Job title
• Wage offered etc.

If you click on the employer’s name, you would be provided with the year-wise details of the number of LCAs filed, certified, denied and withdrawn.

• You may also obtain lists of employers or companies that filed H1B petitions, along with a number of petitions filed by each. Delve deeper to find out what specific job positions are available with different employers that are currently filing H1B petitions. This would help you shortlist the employers who have job positions related to your field, skills, interest etc.
• The most useful way is to search by the job title only. If you are certain about the job position you wish to join, these search results would help you target the specific employers offering these positions.
• If you are willing to work in a particular location, you can search the database by city or state.
• Many of these databases also offer lists of H1B violators. It is again a very useful list to avoid searching for jobs with employers who have been found to commit violations, wishfully or unintentionally.

How to Make The H1B Visa Job Search Fruitful?

Finding sponsors and job positions available with them is not enough. You must do some additional efforts to apply for the right jobs. Here are some tips:

• Approach the top recruiting companies that have contracts with S. employers. Get their reviews about the sponsors you have searched using the databases. You may also submit your resume to these companies to broaden the job search.
• Research about different sponsors in the list using their websites, backgrounds, annual reports, customers and clients, etc. You may also conduct online searches to find about their reputations.
• Consult an immigration attorney. These experts too have lists of top H1B employers or sponsors. They may also help you in networking, resume evaluation and in many other ways.

As the H1B filing season is nearing, it is the right time to start exploring the H1B visa sponsors database of the previous seasons.

The post How to Search Jobs Using an H1B Database and Prepare to Get Selected appeared first on Global Law Centers.

H1B Process Breakdown

Before learning about the actual H1B visa process steps, here’s a quick review of what happens before it:

• Sponsors Meet Foreign Workers:

  Sponsors are the U.S. employers or companies who have specialty job positions to hirespecialized foreign employees. A foreign worker applies for a job, follows the entire selection procedure and gets the job if proved eligible. Here comes the need for a nonimmigrant worker visa and H1B is definitely the best option.

• Meeting the Prevailing Wages Requirement:

  The employer who is ready to hire a foreign worker ensures that the job being offered will pay the minimum prevailing wage. The U.S. Department of Labor FLC data center provides information which will help an employer determine different and appropriate wage levels for H-1B.

• Labor Condition Application:

  The employer must get a Labor Condition Application (LCA) approved from the Department of Labor. The application provides all necessary details about the H1B employment.

After these initial steps, the main steps of the H1B visa process include:

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Step 1: Filing the H1B Petition

The employer files the petition with the USCIS. It includes filing the Form I-129, attaching all required documents and paying the demanded fees. Here’s what you should know:

• The petition must be filed with the USCIS service center Designated by Form I-129 Instructions. There are currently 3 services centers that process H-1B Petitions: California, Vermont, and Nebraska.
• If the H-1B is a new, cap subject petition, then April 01 is the opening date for the petition receiving window. If it is a non-working day, the window opens on the next working day.
• The fees include $460 (basic filing fee), $500 (fraud prevention fee) and ACWIA fee. This fee will vary based on the size of the employer. For companies with 25 or less full-time employees the fee is $750. For those companies with more than 25 full-time employees the fee is $1,500.
• In case the employer or the foreign workers opt for premium processing of the application after it is selected in the lottery, an additional fee of $1,410 must be paid.

Step 2: USCIS H1B Lottery Conducted

As it has been the trend of past many years, the USCIS would conduct H1B lottery as the number of petitions received exceeds the H1b visa caps (65,000 for regular quota and 20,000 for U.S. Master’s quota). There are two possible outcomes for your application:

• If selected in the lottery, it moves forward for H1B processing
• If not selected, the application is returned to the petitioner along with the fees

Additional info – To get consultation on H1B Visa, Call 1-800-605-5801 – H1B Visa Lawyers  in Orange County 

Step 3: USCISH1B Case Processing

H1B cases filed under regular and premium processing are processed in the same manner. What differs is the H1B visa processing time – 15 calendar days for premium processing and 4-6 months for regular processing. Also, there are minor differences in the way the USCIS interacts with the regular and premium petitioners. For example, the status when the processing begins would be:

• Case Was Received (for regular processing)

• Case Was Received and A Receipt Notice Was Emailed (for premium processing)

The outcomes of H1B case processing include:

• Case is approved which means the beneficiary gets approved to work for the petitioner. The next step for the beneficiary would be to appear for an H1B visa interview at a U.S. consulate.
• Case is denied which means the application has been rejected. The decision notice is mailed to the petitioner.
• Request for additional evidence which means that the USCIS demands additional information from the petitioner. For example, the agency might demand more information/evidence to ensure that the beneficiary’s qualification is relevant to the job position in question. Once the USCIS receives the requested information, the processing resumes and the decision is taken to approve or deny the case.

H1B Tracking

The petitioner or the foreign worker can easily check H1B status online. Here are the steps to follow:

• Visit the following link: https://egov.uscis.gov/casestatus/landing.do

• Enter the H1B receipt number (which is a 13-digit case number issued by the USCIS)

• Click the ‘Check Status’ button

It is also possible to register with the USCIS to receive important notifications about status updates via email. You may find one of the following statuses:

• Case Was Received

• Case Was Received and A Receipt Notice Was Emailed

• Request for Additional Evidence Notice Mailed

• Response to Request for Evidence Received

• Case Was Approved (for regular processing)

• Case Was Approved and My Decision Was Emailed (for premium processing)

• Decision Notice Mailed

• Name Was Updated (if there was a clerical mistake)

• Fees Will Be Refunded (if the petitioner paid more fee than demanded)

In addition, there are many online sources that offer H1B trackers that not only update the processing progress for each and every application but also the trends for each year. If you see USCIS case status approved, you should prepare for other formalities. If not, consult an immigration attorney for guidance to improve the approval chances for the next year.

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