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The Dignity Act of 2023: A New Immigration Bill Explained
Representative Maria Elvira Salazar (R-Florida) introduced this immigration bill in the House of Representatives on May 23, 2023. This bill was created by both Democrats and Republicans to address various aspects of immigration law in the United States. It addresses border security, border infrastructure, grants legal status to undocumented immigrants already living in the United States with the possibility of getting citizenship, establishes new pathways for asylum seekers, and creates new legal pathways for economic migrants and unaccompanied minors. Below is a summary of the bill. Border Security: The bill would provide funds for upgrading technology and equipment used by the US Customs and Border Patrol (CBP). This includes things like…
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The Green Card Process for Foreign Workers
I’ve met with many employers with the same issue – they are having a hard time finding workers. One potential solution is petitioning for foreign workers to fill those jobs. The process works and can fill a range of jobs from landscapers to cooks to hotel workers to tech jobs and everything in between. However, the caveat is that it will take time, and it can take even longer depending on where the foreign worker was born (nationals from India can end up waiting almost 10 years for a green card through an employer). My answer to employers who say that they need workers now and cannot wait long is…
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President Trump Issues Proclamation Suspending Entry of H-1B, H-2B, L, and J Visas
On June 22, 2020, President Trump issued a proclamation that suspends issuance of H-1B, H-2B, J and L visas until at least December 31, 2020. The suspension could be extended depending on the circumstances at that time. This proclamation also extends the proclamation from April 22, 2020, that bans certain immigrants from coming into the U.S. until the end of the year, which was originally set to expire sixty days later. I had written a blog post about that proclamation here. This current proclamation only affects people who are currently outside the U.S. who want to get one of those types of visas to come into the U.S. If a…
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Getting Unemployment Benefits if You Are An Immigrant
During these uncertain times, many people are facing economic hardship due to layoffs or furloughs. A question I have been getting lately is if a person can apply for unemployment benefits if a person does not have any legal status; if a person is not a green card holder but holds a valid work permit; if a person is a green card holder; or if a person is an H-1B holder. The general rule is that getting uemployment will not be considered a public benefit that would affect a person’s ability to get a green card. The Department of Homeland Security has explained in its final rule on inadmissibility on public…
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What You Need to Know About the New H-1B Registration System that Will Take Effect for the Upcoming H-1B Season
On December 6, 2019, USCIS announced that they will be implementing the H-1B registration system that requires employers to register who want to file cap-subject petitions for the fiscal year 2021. The filing period for H-1B petitions will begin on April 1, 2020, for FY 2021. It is anticipated that USCIS will use its myUSCIS online portal for this registration process. From what we know so far, the employer would need to provide the following information when registering: Legal business name The Doing Business As name, if applicable Employer EIN Primary U.S. office location address Legal name, title, and contact information of the authorized signatory For the prospective H-1B employee,…
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Department of Homeland Security Announces Final Rule For H-1B Processing for FY 2020
With H-1B season just around the corner, the new rule for H-1B processing is something that I’ve gotten many questions on. I had written a blog post about the proposed changes to the H-1B process this past December. On January 30, 2019, DHS announced that the new rule governing the H-1B process would become final and will be effective April 1, 2019. The actual announcement of the new rule can be found by clicking here. My last blog post gives a short summary of the changes that were being proposed. Now, those procedures will become effective on April 1, 2019. However, given the short time frame from now until the…
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A TN Visa Overview: A Possible Alternative to the H-1B
Many people who are wanting to get a temporary work visa in the U.S. have likely heard of the H-1B visa. There is another classification called the TN visa that is similar in some ways to the H-1B, and if you are a Mexican or Canadian citizen, this work visa could be for you. The TN classification allows for Mexican and Canadian citizens to come into the U.S. temporarily to perform professional assignments. This classification does require that the person be a national of Canada or Mexico, have a professional assignment in the U.S., and possess a bachelor’s degree or have a professional license. The North American Free Trade Agreement…
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Overview of the L-1A Visa – Intracompany Tranfers
The L-1A Intracompany Transferee nonimmigrant visa classification allows a U.S. employer to transfer an employee in a managerial or executive position from a foreign office to the United States. This can also include a foreign company that doesn’t have a U.S. based company yet but wants to set up an office in the U.S. The foreign company can send an executive to the U.S. under the L-1A visa with the purpose of establishing a U.S. based company. L-1 visas are only for transfers within the same company but are good options for foreign companies to expand into the U.S. Often, after the seven-year limit, many L-1A employees apply for permanent…
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An Overview of What You Need to Know About the EB-3 Category
An EB-3 is another immigrant visa preference category in the United States for employment-based permanent residency. This is another category that allows for employers to petition for foreign workers to get their green cards. An EB-3 is intended for “skilled workers,” “professionals,” and “other workers.” An example of a “professional” in the EB-3 category would be a profession that normally requires at least a U.S. bachelor’s degree or its equivalent. An example of a “skilled worker” would be a position that requires at least 2 years of training. For example, if a restaurant is looking for a specialty chef who has at least 2 years of chef experience, the employer…
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Overview of the H-1B Visa and Why They May Be Getting Harder to Get
What Is It? The H-1B nonimmigrant visa allows United States employers to hire qualified nonimmigrant aliens to work temporarily in a specialty occupation. The past several years, For the FY 2019, USCIS received 190,098 petitions. How to Qualify To qualify for an H-1B visa, a foreign worker has to meet the criteria laid out below: Specialty Occupation: The position must qualify as a “specialty occupation,” which is one that demonstrates knowledge in a specific specialty attained through a U.S. bachelor’s degree (or equivalent to a U.S. bachelor’s degree) or higher. Examples of specialty occupations include, but are not limited to, scientists and engineers. Degree: The minimum degree requirement is a…
