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Administration Announced Important Step In Attracting the World’s Best and Brightest Entrepreneurs

On August 8th 2016, the Administration announced (https://www.uscis.gov/news/news-releases/uscis-proposes-rule-to-welcome-international-entrepreneurs) an important step in attracting the world’s best and brightest entrepreneurs to start the next great companies and create jobs here in the United States. The Department of Homeland Security (DHS) is proposing (https://www.uscis.gov/sites/default/files/USCIS/Laws/Articles/FR_2016-20663_793250_OFR.pdf) clear criteria to identify on a case-by-case basis entrepreneurs who would provide significant public benefit to the United States, based on factors including the entrepreneur’s ownership stake and leadership role; the growth potential of the startup; competitive research grants from federal, state, and local government agencies; and investment by qualified American investors. The proposed rule would allow such entrepreneurs to remain in the United States for an initial period of up to two years, and allow these individuals to apply for one additional period of up to three years contingent on meeting certain additional benchmarks.

New Changes Implemented in Visa Bulletin

Every month the Bureau of Consular Affairs publishes a Visa Bulletin that provides important information about filing dates for immigrants seeking Adjustment of Status. Published bulletins list the amount of visas available during the month of publication. The Bulletin also lists priority dates for filing Adjustment of Status.

Priority dates indicate how long the immigrant will have to wait before applying fora visa. If the priority date is before the date listed on the Visa Bulletin then theapplicant can apply for a visa. The priority date is usually the date the employer orrelative filed the immigrant’s visa or when the Department of Labor accepts a laborcertification for processing.

The USCIS has recently implemented changes to the Visa
Bulletin publications inorder to streamline the immigration process for those applying for Legal PermanentResidence. As the system stands now those waiting for Adjustment of Status mayface barriers in changing jobs or receiving promotion. Released in July of this year is a full report calledModernizing and Streamlining Our Legal Immigration System for the 21st Centurywhich describes the changes to the Visa Bulletin, first announced byObama’s executive action last year.

Changes to Visa Bulletin

The USCIS has announced it will be implementing two changes to the Visa Bulletin. Two additional charts will be added to the Bulletin, one called “Applicant FinalAction Dates” and one called, “Dates for Filing Applicants.” The “Applicant Final Action Dates” chart will give the date when the visa can beofficially issued. The ”Dates for Filing Applications” Chart is to be used to determinewhen to file an adjustment of status application.

What will the Changes do?

When the priority date is earlier than filing date, applicants will be able to file foradjustment of status earlier than they would have been able to with the old system.This means that applicants will be able to receive employment authorization andtravel documents sooner while waiting for adjustment of status to be officiallyapproved. These applicants will still have to wait for the “final action” date to becurrent before the permanent resident status is approved.

Why is the Bulletin changing?

These changes are aimed more at accurate predictions of overall visa demand. Themore accurate predictions will work to ensure that the maximum number ofimmigrant visas are being issued. This will likely decrease the backlog of applicantswaiting for legal permanent status and decrease employment and travel barrierscurrently faced by applicants waiting for approval of legal permanent residence.

Those seeking to apply for adjustment of status for permanent residence could bereceiving benefits sooner. To discuss these changes to the Visa Bulletin, when tofile for adjustment of status or any other immigration issue, contact the Law Office of Sweta Khandelwal. AttorneyKhandelwal has over 10 years experience with immigration law and is convenientlylocated in the Silicon Valley.

Cited Sources:

When to File Your Adjustment ofStatus Application for Family-Based or Employment-BasedPreference Visas, September 10,2015, USCIS

 

 

Much Longer Wait Times for Green Cards- Department of State Edits Previously Modernized Visa Bulletin

Department of States Alters Recently Modified Visa Bulletin

On September 9th the Department of Homeland Security released new updated changes to the visa bulletin. These changes modernized the visa system and moved up priority dates for those applying for adjustment of status. The revisions to the visa bulletin were part of President Obama’s plans to modernize the US immigration system. Obama’s proposed changes to modernize and streamline the immigration system were detailed in a White House report released back in July.

Green Card this way Blue Red and White highway sign with words Green Card with stormy sky background

Just two weeks after the updated September 9th visa bulletin was released, the visa bulletin changed again on September 25th pushing back priority dates significantly. Those affected will have to wait years longer to file for adjustment of status than previous indicated by the visa bulletin released on September 9th.

Changes to Visa Bulletin Announced September 25, 2015

The Department of State pushed back the priority dates for those waiting to apply for a green card. Those affected will have to wait several years longer in some cases.

Those affected can be summarized as:

  • EB-2 China- Old priority date was May 1, 2014. New priority date January 1, 2013. This is a 1 year, 5 months difference.
  • EB-2 India- Old priority date was July 1, 2011. New priority date July 1, 2009. This is a 2 years difference.
  • EB-3 Philippines- Old priority date was January 1, 2015. New priority date January 1, 2010. This is a 5 years difference.
  • FB-1 Mexico- Old priority date was July 1, 1995. New priority date is April 1, 1995. This is a 3 months difference.
  • FB-3 Mexico- Old priority date was October 1, 1996. New priority date is May 1, 1995. This is a 1 year, 5 months difference.

What Does This Mean?

Those eligible to apply for green cards will now have to wait longer than previously projected just 2 weeks ago. Originally the changes to the visa bulletin would have allowed many immigrants to apply for green cards several years earlier. Now in some cases, those eligible will have to wait 5 years longer. Foreign nationals from China and India will face significantly longer waits, 1 years 5 months and 2 years longer respectively.This change will impact thousands of families living in the US, who planned to receive a green card much earlier.

Additionally these actions reflect an unfortunate step backwards for the US immigration system. For several years the visa bulletin needed updating to decrease the backlog of immigrants waiting to file for adjustment of status. Unfortunately when a change finally occurred that would have dramatically decreased the wait time and positively affected many immigrants and their families, the visa bulletin was quickly reverted back to the old system of long wait times.

Contact Us

To navigate the visa bulletin, determine correct filing dates or receive assistance filing for adjustment of status contact the Law Office of Sweta Khandelwal. Attorney Khandelwal can assist with employment-based or family-based visa applications. The Law Office of Sweta Khandelwal is located conveniently in the Silicon Valley.

 

Cited Sources:

DOS Publishes Updated Visa Bulletin for October 2015, September 25, 2015, USCIS

 

 

Changes may be in-store for the Visa Waiver Program

the-tourist-1479443Travelers from certain countries who to come to the U.S. may enter without obtaining a visa. This process is called the Visa Waiver Program because in certain situations when traveling to the U.S. for a short period of time the visa requirement is waived. The Visa Waiver Program applies to citizens and nationals of 38participating countries. However, after the Paris attacks that occurred last monthU.S. legislators are considering tightening up the Visa Waiver Program. The proposed changes could make it more difficult for some to visit the U.S. It is likely that the ease of travel for those currently covered by the Visa Waiver Program will change and now many may be required to undergo stricter security checks before traveling to the U.S.

What is the Visa Waiver Program?

The Visa Waiver Program allows visitors who are citizens or nationals of 38 participating countries to come visit the U.S. for up to 90 days for tourism or business. The 38 participating countries include Australia, Belgium, France,Germany, Greece, Ireland, Italy, Norway, Sweden and the United Kingdom amongst others. Those who come to the U.S. on the Visa Waiver Program are generally also permitted to travel to Canada, Mexico or nearby islands and be readmitted to theU.S. Although the program attracts tourists because of the ease traveling without acquiring additional documentation, there is a strict 90 day stay and visitors may not overstay the 90 days.

What are the proposed changes?

Congressmen have suggested some reforms to the Visa Waiver Program and theseproposals could be incorporated into a bill that may be voted on in Congress. Oneproposal is increased information sharing between the U.S. and countriesparticipating in the Visa Waiver Program. Visitors may be required to submitfingerprints and photographs before traveling to the U.S. Those coming from Syriaor Iraq could face even stricter requirements, which may include anyone whotraveled to either of those countries in the past 5 years. Electronic passports mayalso be part of the changes. To pay for the increased security measures, the price ofthe visa waiver could be increased from the current price of $14.

These restrictions have been suggested after the Paris attacks because the allegedperpetrators were French and Belgium nationals. French and Belgium are two ofthe 38 countries that are eligible for a visa waiver. Those driving the visa waiverchanges argue that as the visa waiver program currently stands, the attacks couldhave easily happened in the U.S. if the attackers chose to come to the U.S. and easilyentered on a visa waiver. While the Visa Waiver Program has increased tourism andutilized by many for easy travel to the U.S., the recent attacks at home and abroadcould impose additional barriers for those who use the Visa Waiver Program totravel to the U.S.

Contact Us

To discuss the visa waiver program, other visa options or any other immigrationissue contact the Law Office of Sweta Khandelwal. Attorney Khandelwal has over 10years experience in immigration law. The Law Firm of Sweta Khandelwal can assistwith business and family immigration matters.

Cited Sources:
Visa Waiver Program, U.S. Department of State

The Startup Visa and Reform for Entrepreneurs

The Startup Visa Act

The Startup Visa Act of 2011 was introduced in Congress in 2011 but did not pass. The goal of this visa was to provide a visa to entrepreneurs who have generated outside funding from investors to start a business in the United States. The proposed visa would have been an amendment to the Immigration and Nationality Act and carried two requirements. First, the entrepreneur must demonstrate a certain amount of financial backing and show that their commercial activities will generate certain levels of employment, capital or investment. While the startup visa could have been a good option for entrepreneurs looking to start a business in the US, the bill was never enacted. The Startup Visa was introduced in Congress again in 2013 and the bill is still currently under review.

business-people-1237604Many have been advocating for immigration reform and many are in support of a startup visa. Some hope appeared to be on the horizon with Obama’s executive action on immigration reform. While the executive action proposed significant changes to immigration reform and specifically to entrepreneurs, a startup visa could further benefit the US economy. A startup visa would encourage entrepreneurs to build companies on US soil and promote growth of the economy.

Obama Executive Action on Immigration Reform

Obama proposed some new options for entrepreneurs in the executive action announced last November. These new proposals include the national interest waiver and parole status for an immigrant who would offer a significant public benefit. These programs require the entrepreneur to demonstrate substantial financial backing or show a promise of innovation and job creation through new technology. We discussed the parole program in a more in-depth post. To read this post, click here.

Other Resources Offered to Entrepreneurs by Obama Administration

Obama, an active proponent of immigration reform and immigrant entrepreneurs, has introduced other resources to assist entrepreneurs that entrepreneurs can use in the meantime to assist with researching visa options. The Obama Administration created the Entrepreneur Pathways, which is a resource to help entrepreneurs easily navigate the US visa system. The resource explains which visas may be available to the applicant and what is required to apply.

With Obama’s executive action for immigration reform that proposed additional options for entrepreneurs there could be hope for a new startup visa. With the emergence of many start up companies making it big in the US, this could put additional pressure on Congress to pass a startup visa.

Other Options for Entrepreneurs

In the meantime there are other business visa options available to utilize while the startup is not yet available. Talking to an attorney about other options that may be available can be a good start to figure out options, requirements that must be met and determining filing deadlines. The Law Office of Sweta Khandelwal has experience helping many apply for various types of visas.

Contact Us

To discuss visa options for entrepreneurs or other business visa options contact the Law Office of Sweta Khandelwal. Attorney Khandelwal is an experienced immigration attorney has worked on immigration cases for over 10 years. The practice is conveniently located in the Silicon Valley.

Cited Sources:

The StartUp Visa Act of 2011, govtrack.us

Entrepreneur Pathways, USCIS

 

New Case Challenges New H-4 Regulation That Would Allow Spouses to Work in U.S.

A few weeks ago we blogged about a new regulation allowing H-4 visa holders(dependents of H-1B visa holders) to work in the United States. However, a case has just been filed in Washington D.C. federal court challenging this regulation. The lawsuit, Save Jobs USA v. U.S. Department of Homeland Security, was filed lastThursday by Save Jobs USA, a group representing former California computer workers, claiming that the regulation violates the Immigration and Nationality Act and asking the court to vacate the H-4 rule allowing spouses to work in the UnitedStates.

courthouse-1330873-mSave Jobs USA backs up its claims by stating there is no statute that authorizes H-4visa holders to work in the United States and that in promulgating this rule, theDepartment of Homeland Security has exceeded its authority. The effect of this, asmuch of the complaint is focused on, is the increase in foreign competition, which inturn burdens U.S. citizens by increase the difficulty of finding a job. Specifically itstates the new rule will increase the foreign workforce by 179,000 in the first yearand 55,000 following years. Save Jobs USA goes on to list three instances of SaveJobs USA members who have been replaced by H-1B visa holders.

Save Jobs USA claims the Immigration Nationality Act has provisions that aredesigned to protect American workers. For instance, the Labor Conditions Application (LCA) limits the number of visas to be issued to foreign workers.However, allowing H-4 holders to obtain work, works against the protection thatlimits the amount of foreign workers

The complaint also cites the Department of Homeland findings that the new H-4regulation will make the H-1B visa more attractive and cause employers to retain the H-1B workers that are already working for United States companies. Save JobsUSA warns that an increase in H-1B workers staying in the United States in conjunction with an influx of new H-1B workers coming to the United States each year, will only work against the United States citizen’s ability to find viable employment.

Another issue raised by Save Jobs USA is a website that contains postings for foreignworkers in the United States on H-4 visas. The website already has 15 job postinglisted, all for computer jobs. Therefore even though the new regulation allowing H-4 workers to work has yet not gone into effect, there is already increasedcompetition for jobs when these jobs could potentially go to U.S. citizens.

Save Jobs USA is asking the court to vacate the H-4 rule and prevent H-4 visa holdersfrom working in the United States. If they win this could upset the projected179,000 foreign workers who would apply for work under this new provision in thenext year. The United States government will be defending this case and will likelyargue it does have the power to pass this regulation.

The arguments raised by Save Jobs USA are very narrow in scope and does not consider the broader economic benefits of the regulation. Many families will benefit from the regulation because it will allow both parents to work outside of the home and bring in additional income. Additionally allowing spouses of H-1B holders to gain work authorization will increase the number of highly-skilled workers in the workplace. This will benefit many U.S. companies that require highly-skilled workers, particularly in the technology sector. Save Jobs USA’s arguments are narrow and are only focused on the increased competition and fails to address any of the many benefits this regulation provides.

Contact the Law Office of Sweta Khandelwal for updates on this case or to discusswork authorization for H-4 visa holders or any other immigration questions.Attorney Khandelwal is an immigration attorney located in the Silicon Valley.

Cited Sources:

Save Jobs USA v. U.S. Dep’t of Homeland Security, Filed April 23, 2015

 

Employment Authorization for H-4 dependent spouses available in May.

woman-1134419-m-1Currently dependent spouses on H-4 visas cannot lawfully seek employment in the United States, but that will be changing soon! The USCIS has officially announced that certain H-4 dependent spouses of H-1B visa holders may seek employment in the United States starting May 26, 2015.

Those eligible are H-4 dependent spouses of H-1B holders who are the principal beneficiary on an approved I-140 or the H-4 dependent spouses who have been granted H-1B status under section 106(a) and (b) of the American Competiveness in the Twenty-fist Century Act of 2000 (amended by the 21st Century Department of Justice Appropriations Authorizations Act).

The Department of Homeland Security predicts as many as 179,600 H-4 dependent spouses may be eligible for employment authorization during the first year of the implementation. Each year after, the number of H-4 applicants expected to apply for employment authorization drops to 55,000.

The Department of Homeland Security reported on public comments it received about the new H-4 EAD status. Of the comments received about 85% of the comments were in support of the extension of EAD to H-4 dependent spouses. Additionally, more than 60 commentators stated that because of the change in H-4 employment authorization they canceled plans to leave the United States and will now stay and continue to pursue Legal Permanent Residence.

H-1B holders cancelling plans to leave the United States because dependent spouses can seek work illustrates the significance of this change. An additional income and an option for both spouses to pursue a career track can have a big impact on families. With significant public support for the addition of H-4 EAD’s it is evident that many families are eager for this change and it seems likely that many families will utilize the ability to bring in an additional source of income.

India, a country that utilizes a significant portion of H-1B visas will significantly benefit from the addition of H-4 EADs. In 2012, of the 262,569 H-1B beneficiaries, 168,367 of the beneficiaries were from India. Considering that many H-1B holders move to the United States with their families, Indian families will greatly feel the impact of this announced change, while benefiting the United States economy as well. Many highly skilled employees come to the United States from India each year and allowing dependent spouses to work may bring even more skilled workers into the United States and retain the skilled workers that are already in the United States.

After May 26th, dependent spouses can apply for employment authorization and, if approved, will receive an EAD card. The EAD card allows the spouses to work legally in the United States. Additional paper work and filing fees must be sent to the USCIS to apply for employment authorization.

To apply for employment authorization on an approved H-4 or to discuss any other immigration needs contact the Law Office of Sweta Khandelwal. Attorney Sweta Khandelwal is an experienced immigration attorney in the Silicon Valley area.

Cited Sources:

Characteristics of H1B Specialty Occupation Workers, Fiscal Year 2012 Annual Report to Congress, October 1, 2011- September 30, 2012, U.S. Department of Homeland Security

Employment Authorization for Certain H-4 Dependent Spouses, February 15, 2015, Department of Homeland Security

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence, January 24, 2015, USCIS

 

Need for H-1B Visas- The Time to Apply Is Now!

As H-1B season approaches, it’s time to begin your application process for a spot in the lottery. Currently, the USCIS allots 65,000 H-1B visas each year. Vying for a spot in the lottery are an estimated 195,000 applicants. With three times the amount of applicants than visas available, many applicants will be unable to get H-1B status due to sheer lack of numbers.

The Obama administration has attempted to combatimmigration reform but these attempts have not survived in Congress. One bill called the Immigration Innovation Act proposes to increase the amount of H-1B issued from 65,000 to 115,000. The bill also proposes a removal of the 20,000 Cap on applicants with U.S. Master’s degree.

These proposed changes to increase the amount of H-1B visas available would allow more foreign employees to work in the United States.With more H-1B visas issued each year, employers will increase their odds of getting an H-1B and can better plan and prepare for their business’ hiring needs

The technology sector is one of the biggest users of the H-1B Visa. The United States is experiencing a shortage of workers in the Science, Technology, Engineering and Math fields. By increasing the no. of H-1B Visas, we are promoting growth of business’, particularly in high-tech. This could also lead to more job creation in the United States due to foreign workers bolstering new companies with their specialized skill set.

Unfortunately the proposed increases will not be in place this year. With a significantly higher number of H-1B applicants than H-1B visas available, employers can no longer depend on the H-1B program to fill these skilled positions. Employers may have to explore other visa options if their applicants are not chosen in the lottery in order to fulfill employment needs andavoid waitinganother year to try again. Again, the need to hire H-1B workers arise from the fact that United States is experiencing a shortfall of workers in the skilled positions that are filled by H-1B workers.

With a small amount of H-1B visas available the importance of filing on time is crucial. Like last year, the Cap will likely be filled in the first week. Thus, for a chance to be considered in the H-1B lottery, timely filing is extremely important. It’s critical that your application be filled correctly and accurately in order to prevent rejection. If petitions are not selected, or rejected because they are erroneously filed, employers/foreign nationals mustwait for another year before they can apply again. This is where an immigration attorney can be extremely valuable to ensure your application is filed timely and accurately.

The Law Office of Sweta Khandelwal is prepared to help you with all your H-1B filings this year. Contact our offices now to ensure you have time to gather any documentation before the Cap opens next month. Attorney Sweta Khandelwal can also speak with you about other visa options in the event your visa applicants are not chosen for the Cap this year.

Cited Sources:

AILA: Immigration Innovation Act Would Help Economy, January 14, 2015, AILA

 

 

 

Protect Yourself Against Common Immigration Scams

family-944773-mScam artists have always targeted immigrants but with the Obama Administration’s issuance of the new Executive Order scams could be on the rise. The immigration reform has caused much confusion among immigrant populations causing some families to dish out extra money to alleged immigration attorneys scamming them into believing their immigration status is at risk.

Immigration problems are very serious and can provide significant stress on immigrant families. Scam artists understand how stressful immigration problems can be and prey on the weaknesses of vulnerable immigrants. Scam artists are also aware that immigrants are not likely to report scams out of fear of being deported, making immigrants even more vulnerable.

One important point to note is that many businesses offering immigration services are not law firms and do not employ immigration attorneys. This confusion may lead people to believe they have hired an attorney when they haven’t. These business may employ immigration consultants who are not attorneys and cannot provide the same services as an attorney. Immigration consultants can provide some assistance with immigration issues but do not have the same power as an attorney. They are also referred to as “Notarios”.

TheOffice of the Attorney General’s website notes the difference between an immigration consultant and immigration attorney. Only attorneys that are licensed to practice law can give legal advice.

Immigration consultants mayoffer similar services of that of an immigration attorney but it is important to note that an immigration consultant can only provide non-legal help. Examples of the kind of help an immigration consultant may supply is translating forms or documents, submitting your forms to the INS, or advising you as to which forms you should file.

Often time scam artists will pose as an immigration attorney or consultant. The Office of Attorney General notes some common scams that con artists often employ to trick immigrants:

  1. Representing oneself as an attorney or immigration consultant when one is not qualified.
  2. Filing unnecessary applications.
  3. Charging for services that were never conducted.
  4. Keeping an applicants original documents and then charging a fee in order for the applicant to get the documents back.
  5. Charging a fee upfront for services and then charge additional fees in order to do more work for the applicant.

Attorney General Kamala Harris also provides a list of good practices for anyone using the immigration system in order to minimize the possibility of getting duped by unscrupulous immigration consultants. Some of her suggestions are:

  1. Do not accept legal advice from someone that is not a licensed attorney.
  2. Do not pay a fee to an immigration consultant in exchange for referring you to an attorney.
  3. Do not trust telephone scammers that pretend to be immigration officials. These scammers will often ask you for personal information or payment information over the phone.
  4. Beware and take caution against internet scams.
  5. Never sign any immigration forms that contain false information or are blank.

It’s important to ensure your immigration matters are handled by an attorney you trust. Sweta Khandelwal is a seasoned immigration lawyer licensed to practice law and has been working in the field for over 10 years. She has spoken at several different conferences in India and the United States on immigration issues. Contact The Law Office of Sweta Khandelwal today to discuss any issue or anxiety you have about the immigration process.

Cited Sources:

Attorney General Kamala D. Harris Issues Consumer Alert on Scams Targeting Immigrants and their Families, November 25, 2014, State of California Department of Justice Office of the Attorney General.

Immigration Consultants, State of California Department of Justice Office of the Attorney General copyright 2015.

How President Obama’s “Immigration Accountability Executive Action” Affects Employment-Based Immigration

President Obama’s “Immigration Accountability Executive Action” proposes several changes to the immigration system many of which could affect employment-based visas. The proposed changes could be good news for employees and employers by decreasing wait times for certain classifications, allowing spouses of H-1B visa holders to work and in some cases increasing the amount of time a employee can remain on his visa.

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The employment-based changes will affect green cards, H-4, L-1B, OPT and PERM classifications.

Ex
ecutive Action re Pre-Registration for Adjustment Cases
Main proposals:

  • Decrease wait time to file adjustment of status
  • Pre-register for green card and receive green card benefits while waiting for approval
  • Allow the temporary non-immigrant visa holder to change jobs while before green card is approved

The Executive Order’s proposals for readjustment cases will significantly benefit temporary non-immigrant visa holders. These visa holders will no longer suffer from long wait times before they eligible to even apply for a green card. Scrapping long wait times will allow immigrants to move through the once long and extensive process much faster. Green card holders are given more rights and benefits than temporary non-immigrant visa holders, and now workers can enjoy these benefits sooner.

Temporary non-immigrant visa holders will be able to change jobs while waiting for green card approval. If a worker receives a promotion or change in job title the lengthy green card process won’t have to start over again. This allows foreign workers to advance their careers faster and with greater ease. These changes will benefit the economy and increase the attractiveness of working in the United States.

H-4’s Ability to Work
Main proposal:

  • H-4 visa holders, spouses of H-1B visa holders can obtain work

Currently H-4 visa holders cannot work in the United States. This proposed change could greatly benefit families coming over the United States. Families may now have the ability to benefit from duel incomes, increasing their wealth and increasing the attractiveness of the H-1B visa. Allowing spouses to work may make the decision to travel to the United States easier on families now that spouses will not have to completely give up ability to work.

L-1BApprovals and Specialized Knowledge
Main proposal:

  • More specifically define “specialized knowledge” to decrease denials of L-1B visas

L-1B visas are granted to workers that possess an advanced knowledge specific to his employment. However, the term “specialized knowledge” is not well defined, which has led to several L-1B denials. The DHS has been consulting with the State Department for the past couple of years in an effort to update the definition of “specialized knowledge.”

Providing additional insight to the meaning of “specialized knowledge” will allow employers to more adequately find employees that fit under this visa classification. This can save employers considerable time and money filing L-1B visas that are subject to denial because the employee’s skill set doesn’t meet the definition of “specialized knowledge.”

Optional Practical Training (OPT)
Main proposal:

  • Students on OPT can extend stay for longer periods of time

OPT is a beneficial tool for students, specifically in the fields of science, technology, engineering and math, to work in the field that they are studying. This allows students to gain practical experience and be more attractive to employers.

Extending the length of stay on OPT will allow employers to employ a student longer without students having to go back to his home country. This will allow students to gain more skills and become more marketable by gaining considerable practical experience working in the United States.

PERM
Main Proposal:

  • Full revamp
  • Modernize PERM system
  • Foreign entrepreneurs subject to “parole” system

Obama proposes the PERM system undertake a full revamping to modernize the PERM system and modernize outdated practices. This could make the PERM process easier and quicker to move through.

Foreign entrepreneurs that invest a certain amount of money in the United States will under a new “parole” system. This could benefit the United States economy by bringing in more money.

ContactThe Law Office of Sweta Khandelwaltoday to discuss how the Immigration Accountability Executive Action and how it could affect your employment-based

Cited Sources:

AILA’s Take on President Obama’s “Immigration Accountability Executive Action” Plan, American Immigration Lawyers Association, November 24, 2014





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