IMMIGRATION IN 2013 UPDATE FOR EMPLOYERS The Confidence of Trusted Counsel
IMMIGRATION IN 2013 UPDATE FOR EMPLOYERS The Confidence of Trusted Counsel.
Dec 24, 2015
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IMMIGRATION IN 2013
UPDATE FOR EMPLOYERS
The Confidence of Trusted Counsel
www.celaw.com
Immigration Basics
New Developments
Best Practices
Immigration Legislation
Immigration in 2013
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Non-immigrant
Immigrant
Other Refugees, special programs “Entry Without Inspection” (EWI)
How Do People Come to the United States?
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Required for entry Except for Visa Waiver Program, Canadians
Typically requires pre-clearance through USCIS for most employment classes
Must visit the consulate abroad to obtain a visa Valid for certain time and number of entries
What is a Non-Immigrant Visa?
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Date controls length of stay Proof of lawful entry and tells you when you
fall out of status Old I-94:
What is an I-94 Card?
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New I-94 accessed online – www.cbp.gov/i94
What is an I-94 Card?
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H-1B: Professionals L-1: Intra-company transfers TN: Canadian and Mexican professionals O-1: Individuals of extraordinary ability E: Treaty traders, investors, Australians F-1: Students (with OPT, CPT) J-1: Training and exchange visitors
Non-Immigrant Status
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Non-immigrant Visa Holders: Spouses and Children Under 21
Spouses and children get visas
Spouses that can work E-2, E-3, L-1 (L-2)
Spouses that cannot work H-1B (H-4), TN (TD), O-1 (O-3)
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Change from one non-immigrant status to another
Must be in status to change status
CIS issues approval and a new I-94
No need for visa until foreign travel
Change of Status
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Green card, permanent resident Right to work Travel without a visa Limited options for eligibility Can be lost/abandoned
Crime Absence
Immigrant
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Employment-Based Permanent Residence
Five employment categories EB-1 through EB-5 and visa allocations
Most employees use EB-2 or EB-3
Two-step or three-step process
Timing
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Naturalization Read, write and speak English
Five years of lawful permanent residence
Physical presence
Good moral character
U.S. Citizenship
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Trends – Current Laws
Non-immigrant and temporary visa trends
Employment-based visas H-1B cap & adjudications L-1 issues O-1 visas
DACA (“DREAM Act”)
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Trends – Current Laws
Immigrant visa trends and issues Preference petitions Labor certifications Backlogs
I-9 and Enforcement Completing the new I-9 I-94s online Enforcement trends & E-Verify
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Comprehensive Immigration Reform (CIR) Passes in Senate 68-32 (bipartisan support) Enforcement deal
House of Representatives Signals of a piecemeal approach Schism in the Republican party
Immigration Reform on the Horizon?
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What we know More visas for STEM employees,
entrepreneurs, and the well-educated Mandatory E-Verify Border Security
What we suspect More visas, but more compliance
What we don’t know Path to citizenship?
Immigration Reform on the Horizon?
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Money
Time
Risk
Common Questions from Employers
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Service
Technology
Letting the employee choose counsel
Who is the client?
Considerations for Employers
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Value-added services Do you have an immigration policy?
Family members Financial commitment and payback agreements? Waiting periods
Pre-screening Day-to-day counseling Global assistance
Considerations for Employers
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FEEL FREE TO CONTACT ME
WITH ANY QUESTIONS!
Brad Hendrick
Phone: 303-443-8010
The Confidence of Trusted Counsel
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