Changes and Challenges in Business Immigration- recent presentation given by Jessica Weiss, Esq. at the Boca Chamber of Commerce- International Alliance- slides given here for your review.
2. TOP US
BUSINESSES
STARTED BY
FOREIGNERS.
➤ Huffington Post, eBay, Google,
Tesla, SpaceX, Yahoo,
Chobani, etc.
➤ Immigrants make a significant
positive impact in our US
economy.
➤ What will happen in the
future?
3. IS LEGAL
IMMIGRA
TION
SLOWING
DOWN?
What is happening now?
Scrutiny of:
Skilled workers
Manager/Executives
Increase in Request for
Evidence
Entrepreneurship
New interview requirements
Eliminating spousal work
permits
4. REME
VETTING
IN
US/ABR
OAD
:/
Jan 27, 2017- Ban travel and
entry of foreign nationals from
Iran, Iraq, Libya, Somalia, Sudan,
Syria, Chad and Yemen
Iraq and Chad, taken off list.
Current list: Iran, Libya, N. Korea,
Somalia, Syria, Venezuela and
Yemen
Extreme vetting- Administrative
Processing- Consulate
Processing-New Form DS-5535
Domestic Immigration Screening
5. H
Buy AmeriCan and Hire American
President Trump signs Law April 18,
2017
Create higher wages and employment rates for
US Workers and protect their economic
interests by rigorously enforcing laws
governing the entry of Foreign workers.
H-1B workers- hurt By this.
Third Party Work Sites
6. Decline of Skilled Worker H-1B visa
Computer programmer, Entry Level
Engineers
Accountants,Lawyers,
Doctors
H-1B Registration Proposal
TN-Economist, Financial Anayst,
Market Research Anayst &
Marketing Specialist- destroyed
-.
7. L-1A/L-1B INCREASED SCRUTINY
How to get a foreign manager, executive or someone with
specialized knowledge or skill into the US to work for a company
with a branch abroad?
Increased paperwork
Increased scrutiny
Increase in denials of these cases.
8. End of the
International
Entrepreneur Rule
(IER)
➤ The start up visa-DHS proposed
in August 2016
➤ Effective Jan. 17, 2017
➤ Grant parole to certain aliens who
have been awarded substantial US
investor financing or hold the
promise of innovation and job
creation though development of
new technologies/cutting edge
research.
➤ March 14, 2018 delayed program.
Program terminated.
10. More Foreigners Denied Access to the US
Effect on US Businesses/Schools
Loss of qualified workers
Loss of critical contracts
Delayed start of education &
Inability to travel abroad
11. Ss
New Interview Requirements
Prove you are maintaining your status
Prove you are really going to the US to work- CBP checks
with employers
Background checks slowing things down
12. Who can work and who can go to school?
H-1B- spouse could get work permit but under H-4 proposal may stop it.
L-1A and E visa- spouse can get a work permit.
Few other nonimmigrant categories allow a spouse to work.
Incentive to go for a green card so spouse can work.
Kids can’t work in nonimmigrant category but can go to school.
13. CHALLENGES THAT CAUSE BACKLOG
Prior case approvals- no deference to them. – all cases
require more documentation be submitted.
All domestic employment based applicants must be
interviewed along with I-751 removal of conditional status
cases with few exceptions.
USCIS isn’t required to give a Request for Evidence can
deny a case initially and not ask for clarification.
Advance paroles getting denied even for H and L
applicants.
14. FILING FEES
INCREASES:
December 23, 2016 fee
increases
21% increase from 2010
Increased fees with
increased scrutiny
Popular to expedite
certain cases- aka
Premium Processing –fee
went from $1225 to
$1410
15. Student visas- F-1
F-1 student must file a “bridge application”
STEM OPT popular if not making H-1B
quota.
Initial H-1B’s getting denied even if made
quota
Out of Status issues
Cases getting approved after Oct 1
deadline-consulate processing.
16. E-2 INVESTORS
More scrutiny of the investor visa
applicant and their background
More denials for B-1 entry to start E-2
US Company
More documentation required than
ever before
Change of Status not preferred over
Consulate Processing Work permit for
spouse taking a long time.
17. EB-5 FUTURE
Changes to EB-5 Program
Fraud
What happens with Regional Centers
now?
Where must funds come from?
How to remain in US while EB-5 taking
so long to process?
China and EB-5- delays
- foreign investors family members
count toward quota.
18. VISITING AS A BUSINESS VISITOR
Complications
You must show temporary intent to be in the US
➤ Foreigners are getting rejected at entry to the US
➤ Starting a US business- can’t appear to be working in the US
➤ Need a return ticket
➤ Must show ties with your home country
➤ Must show need to be in the US
➤ Must show home to return to abroad.
➤ Domestic Servant- B-1 employment
19. COMMUNICATING WITH USCIS
➤ USCIS InfoPass
➤Customer Service-1-800 number
➤Congressional Assistance- limited
help
➤Processing Reports- online with
USCIS
➤Case Status online
➤Online notification-register for case
20. MARRIAGE AND FIANCEE CASES
Marrying a US Citizen- New rule- you can’t marry them
for 90 days after you enter the US- or case can be denied.
Complications as to where to file the case.
Fiancee petitions are taking longer than ever about 9
months to process- by then couple may want to marry.
Background issues can hurt approval of case such as ties
with communist country, even one DUI, etc.
21. O-1A Nonimmigrant
Extraordinary Abilty
Cases
Criteria: Foreigner must have
national or international recognition in
their field of endeavor- can be any
field.
Category being used more when
clients don’t fit into other categories
22. THE FUTURE OF US
IMMIGRATIONDepends on the President in
Office
Depends on where political
persecution is taking place
in the world
Quotas are in place, limiting
how many people can come
to the US.
23. Diversity Lottery
Proposal to get rid of this.
Criteria:
Must have at least a high school education or its equivalent-
completion of 12 year course of formal elementary and
secondary education or
Two years of work experience within the past five years in an
occupation that requires at least two years of training or
experience to perform it.
If you get approved you and your immediate family can get
green cards.
25. In order to work in the US you need A Social Security number- you
must show SS office you have a legal status that allows for work. If
not, they could put on the SS Card not eligible for work.
26. DRIVER’S
LICENSE
Once you get a social security number you can apply for a
driver’s license.
Florida – rule
Immigrant
Nonimmigrant
Canadian
Foreign Licenses-DMV Test- depends on country you are
from.
Foreigners will move to states that don’t require
documentation to get the driver’s license.
27. Processing times- delays
Naturalization Interview more scrutiny
Green Card renewal- to file for it or not while
Naturalization case pending.
Travel without valid green card problematic
Naturalization and
Renewal of Green
cards
28. USCIS ALLOWS SOME CASES TO BE
FILED ONLINE➤ N-565- Replacement of Naturalization/Citizenship
Document
➤ N-336- Request for a Hearing on a Decision in
Naturalization Proceedings
➤ I-90 request to replace Permanent Resident Card
➤ N-400 Application for Naturalization to the US.
➤ Note: Feb 14, 2018 USCIS accepts payment of filing
fees with a credit card- use form G-1450
29. Contact Info for Attorney Jessica Weiss
Weiss & Moy, PC
7100 W. Camino Real, Ste. 302-20
Boca Raton, FL 33433
1-561-948-3433
1-888-689-1862
jessicaw@weissiplaw.com
www.weissiplaw.com
AttorneyJessicaWeiss.com
