Key Points:

Individuals selected in the 2022 Diversity Visa lottery may apply for an immigrant visa beginning Oct. 1, 2021, and until Sept. 30, 2022.

The State Department reminded applicants:

• To submit their immigrant visa applications as early as possible.
• To follow the instructions of the notification letter and provide all information requested.
• During the visa interview, principal applicants must show proof of high school education or equivalent or two years of work experience within the last five years.

Additional Information: The 2022 Diversity Visa program saw over 7 million qualified entries. Of those entries, approximately 119,021 applicants were notified that they are eligible to submit an immigrant visa application.

Egypt topped the list with 6,005 registrants selected for the program, followed by Algeria, Russia, Sudan and Uzbekistan, which each had 6,001 registrants selected. Other countries that topped the list were Iran (5,739); Ukraine (4,949); Morocco (4,138); Nepal (3,802); and Afghanistan (3,410). The full list of countries can be found here.

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• In-person services will not be available at field offices, asylum offices or application support centers on Jan. 19 and 20.
• The agency will reschedule appointments that had been scheduled on the two days and send notices to applicants of their new appointment dates.

Additional information: The USCIS website and USCIS Contact Center will remain available for information, case status updates, and other online tools and resources.

For additional information, please contact law@globallawcenters.com.

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President Trump has issued an executive order which becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), expires in 60 days and may be continued as necessary. Within 50 days from the effective date, DHS and the Department of Labor shall recommend whether the President should continue or modify the proclamation.

Who does it affect?

The order suspends the entry of any individual seeking to enter the U.S. for permanent residency and who meet the following conditions:

• Is outside the United States on the effective date of the proclamation;
• Does not have a valid immigrant visa on the effective date; and
• Does not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission.

Who is NOT included in the proclamation?

1. Those who have already applied or will apply for adjustment of status in the U.S.;
2. Lawful permanent residents (LPR) renewing their green cards;
3. Non-immigrant visa holders and applicants; However, please note that within 30 days of the effective date, non-immigrant programs will be reviewed to determine whether additional restrictions will be added.
4. Physicians, nurses, or other healthcare professionals coming to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by Dept. of State and DHS).
5. EB-5 immigrant investors;
6. Spouses of U.S. citizens;
7. Children of U.S. citizens under the age of 21 and prospective adoptees;
8. Individuals who would further important U.S. law enforcement objectives (as determined by DHS and DOS);
9. Members of the U.S. Armed Forces and their spouses and children;
10. Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification);
11. Individuals whose entry would be in the national interest (as determined by DOS and DHS); and;
12. Asylum seekers.

Discretion: It is within the discretion of the consular officer to determine if an individual is within one of the exempted categories.

Prioritized Removal: Individuals who circumvent the order by fraud, wilful misrepresentation or illegal entry will be prioritized for removal.

The post President Trump Issues Executive Order Suspending Some Immigration appeared first on Global Law Centers.

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.

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