Living and working in the US is easier than you may think

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It’s no secret that the United States provides incredible opportunities for citizens and immigrants alike. The challenge for those who are not citizens is finding a way to legally enter the United States to take advantage of the opportunities that are available. In truth, there are many ways to legally live and work in the United States, but the challenge is knowing where those legal pathways exist and how to successfully pursue them. In this article, our desire is to present you with one such legal pathway that may be applicable to your situation and afford you the opportunity to immigrate to the United States.

 

L-1A Visa: Temporary Visa for Intra-Company Transfers

If you work for a company that is affiliated with a US Company, whether it’s a parent company, branch office, affiliate, or subsidiary, then you may have the opportunity to obtain an L-1A Visa and legally enter the United States for many years. The L-1A Visa is specifically designed for companies to transfer employees, who work in a managerial or executive role, to the United States for a period of up to 7 years. There are some very specific requirements to determine eligibility for this type of visa which can be worked out with a qualified immigration attorney, but the L-1A Visa provides a wide open door for an unlimited number of qualified individuals to legally immigrate to the United States.

There are several very important advantages to the L-1A that make it an appealing option for immigration to the United States. First, the L-1A Visa is typically approved for an initial period of 3 years. Even after the initial approval, it can be extended in two-year increments up to a maximum of 7 years. This provides an excellent, long-term opportunity to benefit from working in the United States. Additionally, once you are approved for the L-1A Visa and working in the United States, you will become eligible to apply for a green card without having to satisfy the labor certification requirement. One final advantage that we will mention here is that some family members can legally accompany the L-1A Visa holder by obtaining an L-2 Visa. Not only will the L-2 Visa enable the family member to accompany the L-1A to the United States, but it will also allow the Spouse to obtain work authorization while living in the United States.

The global nature of business today creates the perfect opportunity for managers and executives to pursue legal immigration to the United States. If your employer has an office located in the United States, you may be able to legally secure an opportunity to live and work in the United States. However, the L-1A application process can be complex and it is a good idea to always engage an attorney to help you achieve your goals.

You can read more information about the L-1A Visa program here: https://abeeraminlaw.com/practice-areas/employment-based/l-1-visa/

The author of this Article is an immigration attorney who practices US immigration law with offices in both New York and New Jersey. You can reach her at immigration@abeeraminlaw.com or (877) 960-0424, (212) 366-1077

How can E-2 Visa help Pakistani citizens live and work legally in the US?

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downtown business district investors

Although immigration law can be very confusing, to those who are in the know, there are plenty of opportunities for citizens of other countries to legally live and work in the United States for extended periods of time. One such opportunity is with the E-2 Treaty Investor Visa. This visa, also known as the Treaty, Trader, or Investor Visa, provides the opportunity for a foreign business owner or entrepreneur to live and work in the United States for the purpose of developing a business. Pakistan is one of the treaty countries and currently E-2 is one of the best options available for Pakistani citizens looking to live and work in the US.

Over the years of my law practice, I have received numerous calls from Pakistani citizens inquiring about various immigration options. One of the most viable options, and also most overlooked options, for those looking to live and work in the US from Pakistan, or any other treaty country, is the investment option (E2). I believe the reason it is often overlooked is that it gets confused with the EB5 program, which is a high-investment program. Many individuals who could not satisfy the requirements of the EB5 program are shocked to discover that the E2 investment requirements are much more attainable. The typical recommendation for a “substantial investment” with the E2 program is around $100,000.

Obviously, this is not just an open invitation for anyone to throw together some half-baked idea about “starting a business” in America and expect to be granted permission to live and work in the United States. There are some very specific requirements involved in obtaining E-2 Visa status from the United States. The most important requirement for obtaining the E-2 Visa is that the applicant must be from a treaty country with the United States. Once this requirement has been satisfied, the applicant must also demonstrate the intention and capability of making a substantial investment ($100,000 recommended) in the intended business enterprise in the United States. This means that you must have the willingness and financial means to risk a substantial amount of money in the attempted creation/growth of this business endeavor. There are some restrictions on the type of business you can develop and talking to an immigration attorney would be the best course of action.

Although there can be some variation in the approval duration, when an E-2 Visa is approved by the United States, it is generally approved for a period of two years. This timeframe can vary depending on the business venture proposed and specifics related to the treaty. However, the good news is that the E-2 Visa can be extended indefinitely, typically in two-year increments.

Another benefit to the E-2 Visa is that immediate family members are able to obtain Visa status and accompany the E-2 Visa holder to live in the United States. The timeframes for the family visas will vary as well, but they are typically tied to the duration and extensions granted to the E-2 Visa holder. The spouse of the E-2 Visa holder is also permitted to obtain a work permit while living in the United States.

As with any Visa, there are numerous, specific requirements that must be met in order to qualify for this Visa. It is recommended that you consult with an experienced Immigration Attorney to avail yourself of the best chance of succeeding when trying to obtain the E-2 Visa.

You can read more information about the E-2 Visa program here: https://abeeraminlaw.com/practice-areas/business-visas/e-2-visa/

The author of this Article is an immigration attorney who practices US immigration law with offices in both New York and New Jersey. You can reach her at immigration@abeeraminlaw.com or (877) 960-0424.

Understanding the H-2B Visa | Q & A Session with Abeer | Part 2

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US visa

This is a continuation of the blog posted a couple weeks ago, which can be found HERE.  If you missed part one of this series, I would highly encourage you to go back and check it out as well.  This blog post picks up about half way through our conversation with Abeer regarding the H-2B Visa.

 

The application process for the H-2B visa can be complicated and difficult, what kind of timeframe should employers expect to complete the application process?

The answer to this question can vary quite a bit depending on whether or not a company is trying to handle this process on their own, or is working with an experienced immigration attorney.  As is the case with anything involving the US government, the application process is very meticulous, time consuming, and requires tremendous attention to detail.  To put a time estimate on the process, I would say that from deciding that you want to pursue this opportunity, to the point where you have your H-2B Visa worker in place would easily take 6-7 months.  Several months of this time would be consumed with due diligence on the part of the company making sure that all of the required information and documentation is readily available and clearly defining the details of what type of job you are hoping to fill with the H-2B worker.  Once the company has everything ready and in place, the actual application process will typically take about 2-3 months to complete.  So this isn’t a quick fix to an employment crisis.  Utilizing this avenue of employment requires careful planning and forethought on the part of the companies looking to pursue this option.

 

Is it expensive to hire employees through the H-2B Visa program?

It is not possible to give a generalized answer to that question because there are so many factors that have to be weighed when deciding whether or not something is “expensive.”  If a company is looking at a situation where they are going to be in breach of their contracts due to lack of workers, that has to be factored into the equation when deciding about the overall cost of the H-2B Visa program.  I can say that it’s not a cheap endeavor because there are a lot of steps involved in the process, which takes time to complete, and that does come with a price.  However, at the end of the day, in my years of helping companies obtain workers through the H-2B Visa program, I’ve never had a company regret their investment in hiring workers through this program.  If companies viewed the program as “too expensive,” then we certainly wouldn’t see the sustained interest and demand for companies to hire workers through this program.  However, the reality is that  the H-2B Visa program remains an extremely popular and competitive program year after year.

 

Since you mentioned the competitive nature of this process again, what are some of the important things that a company should do in order to have the best chance at successfully hiring H-2B Visa workers?

I am a firm believer that there are two very important things that companies can do to improve their chances of success.  The first is time management.  Remember, there are two time-frames for the H-2B Visa, the first is from October to March and the second is from April to September.  The key to getting the workers that you need, during the time-frame that you need is to plan ahead.  This process is not something that can be successfully navigated at the last minute.  It requires very careful planning and preparation to make sure that the entire application process is completed on time to ensure that you can access the workers you need during the time-frame when they are needed.  This means that companies need to make sure they provide their attorney with payroll data, tax information, profit and loss statements, and any other pertinent financial information, along with specific job descriptions and expectations well in advance of the actual need for the employees.  This leads to the second important thing that a company should do to maximize their chances of success, companies need to maintain accurate and detailed records.  This includes financial records, employment records, contractual agreements, and historic contract executions to help facilitate clear documentation of their need for H-2B Visa workers.  Accurate record keeping, particularly in the area of employment and contractual obligations, is essential to clearly establishing your company’s need for temporary workers.  One final thought when considering the H-2B visa is don’t get greedy.  I’ve seen employers request more workers than their workload demand justified only to find that their request was denied because of their attempted overreach.  Only request the amount of H-2B Visa workers you can justify with your employment records and documented workload projections.

 

Once a company is able to secure H-2B workers, how long are they allowed to stay in the United States and work?

The short answer to that question is that the visa will be approved for the amount of time requested by the company.  If the company requests an H-2B visa for a temporary worker to assist with a project that will last for 3 months, then that is the amount of time that will be approved for that particular H-2B visa worker.  Generally speaking, the typical maximum amount of time that will be approved is six months, since the H-2B visa allocation is divided into the two halves of the fiscal year.  However, each H-2B visa worker’s situation can be considered on a case by case basis and there are ways for the workers to get extensions approved, which would enable them to be authorized to remain working in the US for a longer period of time.  Every case is different and those options would have to be explored and considered based on the specific details for each situation. 

One more thing that I want to add to this discussion to conclude is that the purpose for the H-2B visa is not to replace the American worker.  The emphasis for this program is to help companies fill employment gaps when American workers are not available.  This is why companies are required to demonstrate their local recruitment efforts as a part of the application process for the H-2B visa.  When American workers are available and willing to fill the employment demands for US companies, this is the priority.  However, when those local recruitment efforts fail to produce American workers to meet the employment demand for a company, the H-2B Visa creates an ideal opportunity to meet this need with foreign workers.

 

 

That concludes our initial overview of the H-2B Visa program.  There’s a lot more to learn about this great program as we’ve only just scratched the surface with information about how this program could benefit businesses throughout the United States.  Stay tuned to our website for more upcoming articles about the H-2B Visa.  We are planning to provide a thorough description of the entire process and important factors to consider when deciding if this program is right for your employment needs.

If you’d like to learn more about the H-2B visa right now, please visit our dedicated H-2B Visa website (h2bvisa.us) and schedule a free 30 minute consultation with Abeer to discuss any questions you may have about the H-2B Visa.

 

PLEASE NOTE:  This blog is not intended as specific legal advice and should not be taken as legal advice for any particular situation as every situation is unique and requires dedicated legal counsel to properly address.  However, the information in this blog will provide knowledge and insights that will benefit all who have an interest in learning more about immigration law.

Understanding the H-2B Visa | Q & A Session with Abeer | Part 1

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US visa

We recently managed to wrestle a couple of hours of time out of Abeer’s busy schedule to spend time discussing the H-2B Visa.  This is an employment based visa program which allows US employers to hire foreign workers to fill temporary, seasonal, and peak load positions when US workers are not available.  This program has tremendous potential to benefit US employers, however many of the companies who could most benefit from this program aren’t aware of how it works or that it even exists.  This series of blog posts will be dedicated to providing answers to the most commonly asked questions about the H-2B Visa.

 

How long has the H-2B visa program been around?

The H-2B Visa has been around since 1986.  It’s the result of business proponents in Congress examining the needs of the economy and recognizing something that business owners desperately needed, human capital.  What I mean by that is that there are several business industries at the forefront of the American economy that are always struggling to find temporary workers to meet the seasonal or peak load demands of their business.  Congress introduced this plan as a way for American businesses to look beyond our borders to find qualified workers when the workers weren’t available within the United States.

 

Has this program been widely used since its inception in 1986?

Absolutely!  Even before the employment crisis that we experienced after COVID, the demand for the H-2B visa was like hot buns in cold weather!  There’s never enough!  This is true of almost every category of immigration visa available in the United States, but particularly with the H-2B Visa because we are limited to 66,000 visas per fiscal year.  This visa allocation is divided equally into the first and second half of the fiscal year, so there are only 33,000 visas available for each 6 month period.  Inevitably, the visa allocation is exhausted very quickly and employers always end up lobbying for more visas to be made available.  The problem is that you never know when more visas will be opened up or not.  And when more visas are made available, they are gone in a flash.  This has always been a very popular and widely used program since beginning in 1986.

 

So when the US Government decides to add more visas to a particular fiscal year, does that increase automatically carry over to all subsequent years?

No, unfortunately it doesn’t.  When companies make enough noise and end up successfully advocating for more visa slots, we are usually notified by an email blast making the announcement that a certain number of slots have been opened.  It’s usually not a significant amount of additional slots and companies that wish to take advantage of those additional slots need to be ready to move very quickly, because they will be gone before you know it.

 

What’s the difference between the H-2B Visa and the H-2A Visa?

The H-2A visa is specifically designated for agricultural employment.  So companies using this type of visa would be looking for individuals to work their farms.  The H-2B visa is specifically designated for  non-agricultural employment.  So, technically, the H-2B visa could be used for most any industry, however the most common industries are landscaping, construction, hotels, and amusement parks.

 

What makes the H-2B visa more ideal for these specific industries?

These industries are most impacted by the seasonal realities of the climate in the United States.  If you think about it, landscaping companies, construction companies, amusement parks, and hospitality companies have specific times of year when they expect to make the majority of their revenue for the year.  So the workload demand that they experience can fluctuate greatly depending on the season.  Additionally, these industries also function based on contractual obligations and can have widely varying employment needs depending on the contracts that they have secured.  This creates an atmosphere where having the ability to hire temporary workers is ideal for the employer and with the opportunities afforded by the H-2B visa, it also creates a great opportunity for foreigners to temporarily come and legally live and work in the United States.

 

The application process for the H-2B visa can be complicated and difficult, what kind of timeframe should employers expect to complete the application process?

The answer to this question can vary quite a bit depending on whether or not a company is trying to handle this process on their own, or is working with an experienced immigration attorney.  As is the case with anything involving the US government, the application process is very meticulous, time consuming, and requires tremendous attention to detail.  To put a time estimate on the process, I would say that from deciding that you want to pursue this opportunity, to the point where you have your H-2B Visa worker in place would easily take 6-7 months.  Several months of this time would be consumed with due diligence on the part of the company making sure that all of the required information and documentation is readily available and clearly defining the details of what type of job you are hoping to fill with the H-2B worker.  Once the company has everything ready and in place, the actual application process will typically take about 2-3 months to complete.  So this isn’t a quick fix to an employment crisis.  Utilizing this avenue of employment requires careful planning and forethought on the part of the companies looking to pursue this option.

 

Look for Part 2 of this series in the near future…

 

PLEASE NOTE:  This blog is not intended as specific legal advice and should not be taken as legal advice for any particular situation as every situation is unique and requires dedicated legal counsel to properly address.  However, the information in this blog will provide knowledge and insights that will benefit all who have an interest in learning more about immigration law.

Exciting Announcement! Our New Video Podcast (Immigration Insights) is now LIVE!

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immigration insights podcast cover art

 

We are excited to announce that we have launched a brand new video podcast series called Immigration Insights with Abeer Amin.  Abeer has had a passion for immigration law since her childhood that stems from her experiences as an immigrant herself.  Abeer was born in Pakistan, raised in Saudi Arabia, and witnessed first-hand the sacrifices made by her parents to prepare an education pathway that would promise a future in America.  Abeer was able to attend college and law school in the United States and has used this tremendous opportunity to fuel her desire to become an immigration attorney to help others enjoy the same opportunities made available to her.  

Whether working on behalf of a large company or a single individual, Abeer is always aware of the importance of creating ease in an otherwise anxious process, one she has occupied equally on both sides, as an immigrant and an attorney. The American dream starts with eliminating barriers to legal entry. Abeer’s commitment to her clients is to treat their immigration needs with the same care, diligence and respect that she would demand for herself or her family.

It’s with this spirit of service and assistance that Abeer is launching this video podcast.  Our intention is to post new episodes as frequently as time permits given the limitation of an extremely busy schedule.  We will often spend several episodes focusing on specific topics of interest and attempting to address the most common questions surrounding that particular topic.  Our goal is to produce a show that is informative and helpful to our audience, so please feel free to submit comments and questions through whichever forum you are most comfortable.

The video podcast will be hosted on our YouTube Channel.  For those more interested in the audio version of our podcast, you can find it on all of the platforms listed below.  The first episode was posted earlier this week.

 

Video Podcast:  https://www.youtube.com/@abeeraminlaw   

 

Audio Podcast:

 

PLEASE NOTE:  This video podcast is not intended as specific legal advice and should not be taken as legal advice for any particular situation as every situation is unique and requires dedicated legal counsel to properly address.  However, the information in this podcast will provide knowledge and insights that will benefit all who have an interest in learning more about immigration law.

New Public Charge Law will Go Into Effect February 24, 2020

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By Marnie Kunz

Photo by Sebastian Pichler on Unsplash

After a 5-4 vote by the Supreme Court on January 27, 2020, the Department of Homeland Security will implement a new expansion to the “Public Charge” rule. The new public charge rule expands the definition of who would become a “public charge,” so, for immigrants applying for visas, it will be harder to get green cards. The new ruling will go into effect on February 24, 2020. The new public charge rule will apply to immigrants applying for visas or green cards processed inside the U.S., including immigrants that leave for 180 days or more and apply to reenter.

The new public charge rule will prevent immigrants who may become “a public charge” by using public assistance for a certain period of time from obtaining visas.

What Is Public Charge?

Under the new “public charge” rule, a person could be denied a green card, visa, or admission into the United States if the applicant is likely to become a public charge and use resources such as government assistance for housing or medical care. The public charge rule itself is not a new concept, but with the new law, more people will be deemed a “public charge” and will not be able to get green cards. 

Some factors that the government will look at with visa applicants is the age, health, income, education, and skills, and English abilities of an applicant to determine whether the applicant is likely at any time to become a public charge. Also, any history of government assistance that occurs after February 24, 2020, will be calculated in determining if an individual will become a public charge. 

The new public charge rule will go into effect on February 24, 2020, except in Illinois, where the rule remains enjoined. The public charge final rule will apply to a green card or a visa application postmarked on or after February 24, 2020. 

Who Is Affected by Public Charge?

Public charge applies to immigrants seeking visas. The new public charge rule does not apply to all immigrants. Most immigrants who are affected are those seeking permanent residency — or green cards — through family member petitions. The new public charge rule also applies to immigrants who submit applications to adjust their status in the United States. 

Immigrant categories that are exempt from the new public charge rule include U visa holders, T visa holders, refugees, and asylees.

What Does Public Charge Mean?

The new rule widens the definition of “public charge” from the previous definition.

In the past, the law defined a public charge as a person who is primarily dependent on the government for income support. It did not include other benefits such as Medicaid or housing assistance. 

The new rule includes more forms of government assistance, defining a public charge as a person who is likely to receive any number of public benefits for more than a total of 12 months over any 36-month period of time. Each benefit that a person uses counts toward the 12-month calculation. So, if an applicant is likely to receive two different benefits in one month — such as Medicaid and SNAP benefits, for instance — that counts as two months’ use of benefits.

Public Charge Test

Under the new public charge rule, immigrants who receive vital health, housing, and nutrition program benefits, including federally funded Medicaid, SNAP benefits, and Section 8 housing benefits, will be at risk of not being approved for visas. Until now, the use of most public benefits was not a barrier to obtaining legal immigration status in the United States.

The new public charge rule will give immigration officers the power to decide if a person is accepted to gain legal entry to the U.S. In addition to examining past receipt of government benefits, immigration officials will look at other factors such as the applicant’s age, health, household size, education, employment, and financial resources. The new public charge rule allows immigration officers to consider English proficiency (positive) or lack of English proficiency (negative), a person’s credit score, medical conditions and whether the person has access to private health insurance as well.

The new public charge rule will require immigrants to attach a new form, I-944, Declaration of Self-Sufficiency, when applying for a green card as part of an adjustment application.

Resources: Immigrant Legal Resource Center, USCIS Announces Public Charge Rule Implementation Following Supreme Court Stay of Nationwide Injunctions

H-1B Visa Changes for 2021

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Changes to the New FY 2021 H-1B Cap-Subject Petitions

By Abeer Amin, Esq.

Ready or not here it comes! Yes, we are referring to the new and somewhat daunting Electronic H-1B Registration process that USCIS has confirmed will be implemented for fiscal year 2021 H-1B cap-subject petitions. In this blog, we will focus on the changes to the H-1B process to make it less daunting and much more manageable. Before we proceed, it is important to note that the overall H-1B process has not changed. Even though an additional step has been added, the adjudication of the I-129 Petition will remain the same. From what has been disclosed thus far (Federal Register notice, United States Citizenship and Immigration Services (“USCIS”) announcements, etc.), the following is what we know about the new Electronic H-1B Registration process:

New H-1B Registration Process

Before a Petitioner, be it a company or any other business entity, decides to file a fiscal year 2021 H-1B cap, Form I-129, Petition for a Nonimmigrant Worker, on behalf of a proposed Beneficiary (foreign national), it must go through a registration process that requires it to first register electronically with the USCIS and pay a $

10.00 registration fee for each proposed beneficiary. An attorney, as an authorized representative, is also able to complete the electronic registration process on behalf of the petitioner. A key takeaway from the USCIS announcements is that the Petitioner or its authorized representative must file a separate registration for each proposed beneficiary for whom they wish to file an H-1B cap-subject petition. Absolutely no duplicate registrations will be allowed, to the extent that if duplicate registrations are detected, the Petitioner will be barred from filing future H-1B petitions!  This H-1B policy is similar to what we have observed in the past, where Petitioners were not allowed to physically file two H-1B petitions for the same person. As such, it is no surprise to us that the USCIS is applying the same standard to the electronic registrations.

After registration has been completed by the Petitioner or its authorized legal representative and the registration period closes, USCIS will randomly select the number of registrations projected as needed for the 2021 H-1B period. By March 31, 2020, USCIS will notify the selected Petitioners that their registrations have been selected, enabling them to file the actual Form I-129, Petition for a Nonimmigrant Worker, with the USCIS. Registrations that were not selected will be removed from the registration system at the end of the fiscal year. The Petitioner/ authorized legal representative will be given a specific time period by which to file their petitions on what is said to be an “eligibility notice.”  

H-1B 2020 Registrations

In terms of the timeframe, as per the USCIS’ most recent announcement on January 1, 2020, the Petitioner/authorized representative will be able to register from March 1, 2020 to March 20, 2020.  This might be revised later if deemed necessary by USCIS for various reasons, including USCIS not receiving an adequate number of electronic registrations as anticipated earlier to reach the FY 2021 H-1B numerical allocations after the initial registration period closes. 

H-1B Processing

Department of Homeland Security (DHS) will use pay.gov for processing the registration payment. As far as we know, the Petitioner/legal representative would not need to create a pay.gov account to pay the fee. They will however need to enter checking/savings account information to conduct an Automated Clearing House (ACH) transaction or utilize credit/debit card information for the payment portal. Attorneys, who have a G-28 on file, will be able to pay on pay.gov. 

From what we have gathered from the government agency rules articulated in the Federal Register and numerous USCIS announcements, the electronic registration is not meant be a roadblock to the H-1B Cap 2021 season, but intended to streamline a previously cumbersome H-1B Cap process. Although we are hesitant to go that far, “Jusqui’ici tout va bien” (a French saying translated as “so far, so good,”) seems to be appropriate for the new electronic H-1B registration process. 

USCIS has announced that it is planning to conduct a stakeholder outreach webinar and training program that will provide better insight as to how to use the pay.gov portal as well as give instructions for completing and submitting registration and fees. We anxiously await further guidance from USCIS while still welcoming the new “H-1B Cap 2021 Season” with open arms. We will definitely keep you all posted with much anticipation and excitement!

Abeer Amin, Esq. specializes in immigration law and is the principal attorney at the Law Offices of Abeer Amin, based in New York City. She can be reached at: abeer.amin@abeeraminlaw.com or 1-877-960-0424.