kc_p21
05-11 09:52 PM
Thanks for taking time and calling NPR.
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ghost
08-11 09:33 AM
Folks,
In our legal immigrant community, we have the following Groups (G) of people:
G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career
While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.
Current state of our Members (M):
M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts
Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.
I can see three Options (O):
O1) "Wait and Watch" option:
This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state
O2) "You are on your own" option:
EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process
O3) "We are in this together" option
All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.
Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3 and look forward to IV direction.
People who understand America realize that money talks and lobbying works in Washington. We are ready for lobbying in our own ways (emails, phone calls, advocacy days, etc.). Besides this personal lobbying, we need to crack through official channels of lobbyists using money.
This would require each of us to sign up for a 25 USD per month recurring donation for 1 year (read this as 1 dinner per month for couples and 2 dinners per month for singles). BTW, don't wait for others to eat their dinners before you eat yours. It is your money and it is your dinner, eat it for your own good!
You are entitled to the sense of ownership in formulating and executing IV Advocacy - lot's of good ideas out there - some of them can be achieved administratively!
You can cancel your recurring donations, if you succeed in Option 1 or if Congress passes CIR between now and Sep 2011 and that benefits you. Make sure you recruit another IV member before you leave or cancel IV membership. Trust me, this is not going to end any time soon!
Good luck to all of us!
In our legal immigrant community, we have the following Groups (G) of people:
G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career
While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.
Current state of our Members (M):
M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts
Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.
I can see three Options (O):
O1) "Wait and Watch" option:
This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state
O2) "You are on your own" option:
EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process
O3) "We are in this together" option
All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.
Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3 and look forward to IV direction.
People who understand America realize that money talks and lobbying works in Washington. We are ready for lobbying in our own ways (emails, phone calls, advocacy days, etc.). Besides this personal lobbying, we need to crack through official channels of lobbyists using money.
This would require each of us to sign up for a 25 USD per month recurring donation for 1 year (read this as 1 dinner per month for couples and 2 dinners per month for singles). BTW, don't wait for others to eat their dinners before you eat yours. It is your money and it is your dinner, eat it for your own good!
You are entitled to the sense of ownership in formulating and executing IV Advocacy - lot's of good ideas out there - some of them can be achieved administratively!
You can cancel your recurring donations, if you succeed in Option 1 or if Congress passes CIR between now and Sep 2011 and that benefits you. Make sure you recruit another IV member before you leave or cancel IV membership. Trust me, this is not going to end any time soon!
Good luck to all of us!
felix31
10-05 02:31 PM
same here,
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
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eb2_immigrant
06-15 04:17 PM
USCIS Proc Times Update 06/15/09
NSC I-485 Sept 1st 2007
TSC I-485 Aug 17th 2007
So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.
Does anyone has more info to better understand what these dates imply ?
NSC I-485 Sept 1st 2007
TSC I-485 Aug 17th 2007
So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.
Does anyone has more info to better understand what these dates imply ?
more...
raysaikat
04-03 10:56 AM
Yes, they will return the old passport. You should always carry all your passports. However, only the latest passport is the "active" passport. Any new VISA stamp will be on the latest passport.
All VISAs stamped on your old passports remain on the old passports.
All VISAs stamped on your old passports remain on the old passports.
nixstor
08-03 11:15 PM
go to: http://www.uscis.gov/pressroom
and then select the one from August 3.
I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.
Yes, You are right. I missed the '/' until now and was wondering why the 485 is showing 7/11 while 131/765 were showing 7/1. But I am surprised this report came so late in the night on a friday, which means some one is working hard on getting us this update.
and then select the one from August 3.
I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.
Yes, You are right. I missed the '/' until now and was wondering why the 485 is showing 7/11 while 131/765 were showing 7/1. But I am surprised this report came so late in the night on a friday, which means some one is working hard on getting us this update.
more...
webm
04-22 04:03 PM
Hello,
My company's HR rep informed me that my application was selected in this godforsaken lottery. however the validity dates of H1 have been screwed up. they say valid from Oct 1st 2008-Oct 1st 2008.
Now the lawyers are saying hopefully they will correct things before they mail out either the actual recipts or when they issue the visa. If this is not corrected they are going to apply for corrections.
I am a little worried, should they be waiting until the visa arrives or make a move now?
Has anyone faced this issue and if yes any advice on how to correct things.
It could be a typo..it always happens with great uscis...
Wait until you get receipts/actual I-797 approval notice..
My company's HR rep informed me that my application was selected in this godforsaken lottery. however the validity dates of H1 have been screwed up. they say valid from Oct 1st 2008-Oct 1st 2008.
Now the lawyers are saying hopefully they will correct things before they mail out either the actual recipts or when they issue the visa. If this is not corrected they are going to apply for corrections.
I am a little worried, should they be waiting until the visa arrives or make a move now?
Has anyone faced this issue and if yes any advice on how to correct things.
It could be a typo..it always happens with great uscis...
Wait until you get receipts/actual I-797 approval notice..
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aachoo
09-17 01:11 AM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a
more...
spdy_mn
08-10 11:06 AM
R u sure? Mine don't match - where did u get this info?
But it will be there in the G325 A where we enter the address for the past 5 years. That should cover it, if at all this is an issue.
But it will be there in the G325 A where we enter the address for the past 5 years. That should cover it, if at all this is an issue.
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shivaniraina
07-21 02:20 PM
You are exempt from the cap:) . Your immigration lawyer can confirm this.
I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.
I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.
more...
sundarpn
07-19 10:39 PM
Nave_Kum,
I don't understand your post. can you explain?
I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing
2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).
3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
I don't understand your post. can you explain?
I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing
2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).
3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
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ArkBird
07-29 06:29 PM
This is my job description before being director and as per my lawyer (absolute hearsay) , "The very purpose of AC21 is to give us relief from working for same jobs over number of years and this is natural progression of job.you are in your SAME field. If it was Director of Finance of Sale, it's big no no but in this case you are just growing vertically i my professional career. USCIS has very liberal policy in this matter
And yes, you don't have to inform USCIS about it.
Good Luck with your new job!
And yes, you don't have to inform USCIS about it.
Good Luck with your new job!
more...
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ramus
06-27 02:33 PM
I heard people who has I-140 approved after June 2006 got A# assigned. I have my 140 approved in 02/2006 but don't have A# assigned.
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nixstor
09-17 11:55 AM
I agree with the confusion part of your post. How ever, the timing should be good for a name change and I am sure atleast it will have some people say "hey, look these guys are waiting in line". But if 100 out of 100 people here are because of issues being faced by EB issues, I dont see anything wrong in associating ourselves to that cause. In fact, if any one comes to the website and reads for a minute its crystal clear that we are trying to alleviate the situation for EB applicants. In the visa bulletin, I see EB and FB categories. Am I missing some categories in Legal Immigration? (excluding getting enlisted)
more...
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tdasara
05-29 08:42 AM
This basically is adding insult to injury!
How can one expect a sane professional being stuck with the same job description for 5-10-15 years with little or no pay increase?
Oh, well, that's the law!! So were Jim Crow laws....An unjust law no law at all! Augustine of Hippo
For Christ sake...the PD's are stuck in Windows 2000 era (even Windows 98 era). We have had XP, Vista and now Windows 7 and we are expected to work on Windows 98?
So in case of an RFE, do we plead saying Windows 98/Windows 2000 are obselete no sensible (profitable) business uses it and I have to work on Windows Vista?
How can one expect a sane professional being stuck with the same job description for 5-10-15 years with little or no pay increase?
Oh, well, that's the law!! So were Jim Crow laws....An unjust law no law at all! Augustine of Hippo
For Christ sake...the PD's are stuck in Windows 2000 era (even Windows 98 era). We have had XP, Vista and now Windows 7 and we are expected to work on Windows 98?
So in case of an RFE, do we plead saying Windows 98/Windows 2000 are obselete no sensible (profitable) business uses it and I have to work on Windows Vista?
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waiting_4_gc
07-31 06:44 PM
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think you will receive receipt notice for EAD and AP provided you file them.However I had a question about the forms.
Are you going to send old version of I-765 and I-131 or new version of the forms?
And you can file EAD and AP applications with old fee till August 17,2007, right?
Please PM me as am also filing EAD and AP, we can share the knowledge
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think you will receive receipt notice for EAD and AP provided you file them.However I had a question about the forms.
Are you going to send old version of I-765 and I-131 or new version of the forms?
And you can file EAD and AP applications with old fee till August 17,2007, right?
Please PM me as am also filing EAD and AP, we can share the knowledge
more...
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pappu
06-30 07:06 PM
update
http://immigrationvoice.org/forum/showthread.php?t=5883
http://immigrationvoice.org/forum/showthread.php?t=5883
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hope123
12-22 06:05 AM
Appreciate all of your valuable inputs.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
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diptam
08-10 11:59 AM
My check has a temp address of NJ - After that my address changed 3 times ... I didn't even mention that address in G325 because i stayed there for 30 days temporarily ....
Am i screwed ? This thing is going beyond Limit now... They are NOT leaving any option other than settling to other countries like CANADA or Europe...
I got the info from my friends attorney.
i want to verify it with my attorney but he is not lifiting phone. he is too busy
Am i screwed ? This thing is going beyond Limit now... They are NOT leaving any option other than settling to other countries like CANADA or Europe...
I got the info from my friends attorney.
i want to verify it with my attorney but he is not lifiting phone. he is too busy
snathan
06-10 09:18 AM
I am very thankful for such a generous response in such a short span of time.
I have everything back with me except I-94 and VISA ( which can be had in india).
I owe this forum a lot.....:) and i will have to repay it ...
I am happy to know that your 'thefted' issue is solved . Is there any way you can help IV. There is a fund drive going on to solve some immigrant issue. If possible please contribute.
I have everything back with me except I-94 and VISA ( which can be had in india).
I owe this forum a lot.....:) and i will have to repay it ...
I am happy to know that your 'thefted' issue is solved . Is there any way you can help IV. There is a fund drive going on to solve some immigrant issue. If possible please contribute.
Blog Feeds
05-22 01:10 PM
Last week we became members of Global Alliance of Hospitality Attorneys (http://www.hospitalitylawyer.com/index.php?id=47), this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.
Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:
E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)
This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".
An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.
The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.
H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)
Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.
Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.
Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.
J1 Visa
For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.
This type of J-1 classification is valid for four months and allows the students to assist
companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.
The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.
H3 Visa
The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.
An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.
Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.
TN Visa
NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.
The Conditions for Professionals from Mexico and Canada to Work in the United States
* Applicant should be a citizen of Canada or Mexico;
* Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
* Position in the U.S. requires a NAFTA professional;
* Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
* Professional Canadian or Mexican citizen has the qualifications of the profession
Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.
L1 Visa
L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.
The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.
Requirements
A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.
H1B visa
Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.
A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.
Specialty occupation is defined as an occupation, which requires:
* Theoretical and practical application of a body of highly specialized knowledge, and
* Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.
The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.
More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)
Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:
E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)
This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".
An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.
The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.
H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)
Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.
Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.
Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.
J1 Visa
For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.
This type of J-1 classification is valid for four months and allows the students to assist
companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.
The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.
H3 Visa
The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.
An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.
Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.
TN Visa
NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.
The Conditions for Professionals from Mexico and Canada to Work in the United States
* Applicant should be a citizen of Canada or Mexico;
* Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
* Position in the U.S. requires a NAFTA professional;
* Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
* Professional Canadian or Mexican citizen has the qualifications of the profession
Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.
L1 Visa
L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.
The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.
Requirements
A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.
H1B visa
Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.
A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.
Specialty occupation is defined as an occupation, which requires:
* Theoretical and practical application of a body of highly specialized knowledge, and
* Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.
The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.
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