Sweta Khandelwal, U.S. Immigration Attorney at The Law Offices of Sweta Khandelwal, speaks about President Donal Trumps’ Executive Order “Buy American, Hire American.”
This workshop is open to startup founders, startup executives, entrepreneurs, innovators, designers and developers.Read More
On May 1st, 2017, it was announced that Congress would again be dodging a “government shutdown” bullet by passing a federal spending bill known as the. Often referred to as an “omnibus bill” or a “stop gap” measure, this approach funds the federal government in full until individual annual agency budgets can be determined. This most recent measure provides the federal government with an impressive one trillion dollars until the end of its current fiscal year on September 30, 2017. In addition to allotting varying amounts of money to different agencies, there are often new or changed regulations as to how these agencies will operate and spend their funds. So now that Washington is funded for the next few months, how will the agencies governing immigration and their policies be affected?Read More
US Citizenship and Immigration Services (USCIS) announced on May 3 that all data entry for FY 2018 H-1B cap-subject petitions had been completed.Â Only 65,000 applicants for a general H-1B nonimmigrant visa would be accepted for this fiscal year through the computer-generated random selection process, or lottery. For those not selected for an H-1B visa, the USCIS will reject and return all unselected petitions with their filing fees.Read More
With Trump’s new “Buy American and Hire American” executive order comes concern across the nation from those who would potentially be affected by it. However, is there any real cause for concern from this latest executive order?
Trump’s “Buy American and Hire American” executive order is the administration’s latest efforts at attempting to reform the H-1B program, a program that allows high-skilled non-immigrants to come to America from other countries to work. This is a temporary work visa, with workers being able file for renewal or extension to continue working in America. Fitting with Trump’s overall campaign and administrative theme of “America First”, this new executive order may sound scary to those that it would have the greatest impact on- high-skilled workers employed by US Companies across the country, especially in high-tech. However, what effects will this actually have on H-1B holders?
In actuality, this “Buy American and Hire American” proposal can be looked at as a microcosm of Trump’s entire presidency thus far- “full of sound and fury, signifying nothing”. Though it may sound like drastic measures from an administration that apparently lives by drastic measure, in reality these proposals are modest and bring no real change on their own.Read More
There are rumors about the H-4 EAD for spouses of H-1B visa holders and they are not entirely accurate. There is a freeze on judgments for the visas while there is a lawsuit in court over the legality of the stance. The government is fighting back against the lawsuit, and H-4 EAD for spouses cannot be approved while the court rules on it. This article explains why the myth is concerning for those coming to America, and it may frighten anyone who is already in the country.
#1: The Freeze Stops Everything
The freeze stops nearly everything in the system related to the processing of H-4 EAD visas, and anyone who is looking for an H-4 EAD visa cannot begin the process. Anyone who is already in the system will find they must wait for the judgment to come down on the case. They will wait while the visa is suspended, and they may call the government for help staying in the process while they are waiting. There are many people who may believe they cannot apply again and there are more who are afraid their applications will be kicked out of the system. The simple fact is that the government is only on hold while the court case is pending.Read More
On March 3, 2017, the U.S. Citizenship and Immigration Services (USCIS) decided to suspend H-1B visas premium processing. The department has stated that the suspension may last for about six months but it is unclear how long the suspensionÂ will ultimately last. The USCIS claims that the suspension is a move to speed up all of the incoming applications that they have received so far. However, it does not take effect until April 3rd, which is the next application opening period.
About H-1B Premium Processing
H-1B visas premium processing takes on average as little as a month. The suspension, scheduled to take effect on April 3rd, will take away the option of allowing highly skilled immigrant workers to find out if they have been approved that quickly. Financial Times has stated that this could cause a delay for up until August or September. Mark Zuckerbergâ€™s FWD.us, a technology lobbying group, has been seeking to expand on the program.Read More
The H-1B is a type of non-immigrant visa foreign workers can receive through the U.S. Immigration and Nationality Act. The H-1B visa allows U.S. employers to provide temporary workers with jobs in specialty occupations. Under this visa program, if the worker is fired or quits they must either find a new job, apply to change their immigration status or leave the United States.
According to the regulations governing this visa program a “specialty occupation” is a job requiring the application of highly specialized knowledge for which a bachelor’s degree or some equivalent level of training and certification is required. The H-1B visa is commonly used to hire foreign nationals to work in accounting, architecture, biotechnology, business specialties, chemistry, engineering, health, law, mathematics, medicine, physical and social sciences, theology, and the arts. Fashion models “of distinguished merit and ability” may also receive H-1B visas.Read More
Acknowledging The Promise of Global Entrepreneurship – New Law Addresses Immigrant Start-Up Founders
On July 17th, 2017, the Department of Homeland Security (DHS) will enforceÂ new, flexible regulationÂ placing immigrants in a promising position to expand their commercial pursuits and showcase a diverse entrĂ©e of talent. Like recent developments in National Interest Waivers, changes in DHS policy address benefits afforded to the United States as foreign heads of start-up companies expand their services, refine and invent more signature products, and ultimately bolster U.S. prosperity as capital expenditures rise and new jobs materialize.
The benefits start-up companies offer are tremendous, and deserve favorable consideration concerning booms in employment.Â Each year sees the birth of approximately 500,000 businesses. Unlike larger, longstanding corporations that take a low-risk approach to capital investment, start-ups devote their resources and expertise into groundbreaking technologies and business strategy, often yielding new products and versatile services that catalyze competition and ultimately, economic growth. By welcoming immigrant start-up founders and facilitating their commercial expansion, new immigration policy not only eases socioeconomic mobility for immigrants, but also holds long-term national interests in high regard.Read More