The second installment of the Summer Green Card Series explained the function of the Visa Bulletin. In the third installment, we cover how to read the Visa Bulletin and answer some common Visa Bulletin-related questions.
How to Read the Visa Bulletin
The above figure is the Visa Bulletin’s Final Action Date Chart for July 2019, which USCIS indicated should be used to determine whether a foreign national is subject to a filing backlog. Applicants must first determine their employment-based category. The applicant must then look to their corresponding country of origin. The ...
Often times, the first question asked by employment-based Green Card beneficiaries during an initial strategy consultation is, “How long until I have my Green Card in hand?” While the answer varies depending on the particular Green Card strategy and the candidate’s country of birth, the Visa Bulletin is always a factor that must be considered. Particularly for Indian and Chinese nationals, Visa Bulletin backlogs can delay issuance of a Green Card for many years. In some cases, the wait can be nearly a decade. In this post, we explain the Visa Bulletin’s function. In our third ...
PERM can be one of the most confusing and frustrating portions of the employment-based Green Card process for employers. PERM is driven by numerous regulatory requirements and the slightest mistake can doom a Green Card sponsorship. As Part One of Burr and Forman, LLP’s Summer Green Card Series, we look at the PERM process so employers can understand what to expect and how to successfully prepare applications.
What is PERM?
PERM stands for Program Electronic Review Management and is the web-based program operated by the Department of Labor (“DOL”) for obtaining Labor ...
Now that the April 1, 2019 H-1B visa deadline has passed, thousands of employers may find themselves looking for an alternative to employ valuable foreign workers. While not receiving as much media popularity as the H-1B program, there are various alternative approaches to avoid disruption with respect to foreign labor such as the E-2 and L-1 visa. Each visa program has separate requirements that are important to keep in mind when establishing an appropriate immigration strategy.
The L-1 Intracompany Transferee
The L-1 Intracompany Transferee visa is available to employers with ...
While students across the country are getting ready for spring break, school districts are already preparing to hire teachers for the next academic cycle. Many districts are suffering from a nationwide teaching shortage and are increasingly turning to foreign nationals to fill open positions. Federal immigration laws now permit certain school districts to file H-1B petitions throughout the year which has drastically reduced some of the challenges of hiring and retaining qualified teachers.
School districts have long utilized the H-1B visa to employ foreign nationals because ...
With April 1, 2019 and the H-1B cap deadline quickly approaching, employers seeking to use H-1B workers in third-party worksite arrangements will likely continue to see increased scrutiny from USCIS. Third-party worksite scenarios often arise where the company that petitions for an H-1B beneficiary places the beneficiary at a client’s place of business to complete projects for the client or as part of a joint project between both entities. In 2018, USCIS released a policy memorandum specifically aimed at reeling in employers who were stretching the limits on the H-1B ...
In early January, the Burr & Forman, LLP immigration team outlined a major change to the H-1B visa lottery system proposed by the Department of Homeland Security ("DHS"). Last week, DHS issued the final H-1B rule, which is effective April 1, 2019.
The most drastic change to the H-1B lottery system is the electronic registration requirement. Importantly, DHS has suspended mandatory electronic registrations until the FY 2021 H-1B period (which begins April 1, 2020) to ensure the system is fully functional before the requirement goes into effect. As a result, H-1B lottery filings will ...
The current government shutdown does not affect the vast majority of USCIS's activities. Their offices are open, and interviews and appointments are proceeding as normal. USCIS continues to accept petitions and applications for benefit requests with only a few exceptions. The USCIS programs that will face disruption until they receive appropriated funds or are reauthorized by Congress are the EB-5 Immigrant Investor Regional Center Program (not the EB-5 Program, it continues to operate), E-Verify, Conrad 30 Waiver Program for J-1 medical doctors (not a shutdown of the program ...
Recent ICE activity has demonstrated the importance of properly completing Form I-9 and the consequences that result from not doing so. One of the best ways for a company to feel confident upon receipt of an audit notice from DHS, DOL, or DOJ is to develop a habit of routine internal or self audits.
Follow these key guidelines to a successful audit outcome:
1) Review all I-9 forms or a representative sample selected on non-discriminatory grounds to determine I-9 opportunities and correction areas.
2) Communicate with employees regarding the audit to ensure a culture of open ...
Every January, employers begin making preparations for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa category has historically been oversubscribed resulting in petitions selected in a random lottery in order to have a chance at approval. On November 30, 2018, the Department of Homeland Security announced plans to drastically change the H-1B lottery system, which should have H-1B employers making preparations earlier than in prior years.
The Current H-1B ...