Archive for March, 2010
Am I an intermittent H-1B or L-1 visa holder?
Intermittent status applies to H-1B and L-1 visa holders who reside in the U.S. for fewer than 6 months in a one year period. If an H-1B or L-1 visa holder maintains a residence abroad and is only needed periodically in the U.S. (not to exceed 6 months) the individual is an intermittent H-1B or L-1 employee not subject to standard time limitations.
Typically, a person may hold H-1B status for a maximum period of 6 years with limited exceptions going beyond 6 years. For L-1A status (managers/executives), the maximum time period is 7 years. For L-1B status (specialized knowledge professionals), the maximum time period is 5 years. These H-1B and L-1 time limitations do not apply to intermittent H-1B and L-1 visa holders and these individuals can renew their status indefinitely.
Filing for intermittent status is the same as filing for regular status, with a notation made that the individual resides abroad and is therefore an intermittent employee. Intermittent status is an attractive option for individuals stationed abroad and due to its flexibility, should be utilized whenever possible to avoid the standard categorical restrictions of H-1B and L-1 status. Please don’t hesitate to contact our immigration law firm if you would like to discuss intermittent status in detail.
Tags: H-1B, intermittent, L-1
Posted in FAQ H-1B, FAQ L-1, H-1B | Read More »
Immigration Reform: What’s Next?
In a recent article in the Wall Street Journal, Senators Schumer and Graham outlined a bipartisan proposal for immigration reform. At the heart of the need for reform is the question of what to do with the 12 million or so undocumented immigrants living in the U.S. As the idea of immigration reform gains momentum again, it surely won’t be long before we hear the shrill cries from the anti-immigration conservatives: “No amnesty for people who break our laws!”
Let’s get two things straight: crossing an international border without being inspected is not a criminal offense, and the reforms proposed are no amnesty.
First, immigrants do not cross our border illegally because they are inherently lawbreaking. They do so because there is no legal channel for them to come to the U.S. to fill an entire sector of low-skilled jobs that, for the most part, U.S. citizens do not want.
Second, an amnesty is a pardon, which this proposal is not. Schumer and Graham propose to give the undocumented some type of non-permanent legal status (note: not a green card) only if: 1) they pay fines; 2) pay back taxes; 3) and perform community service. This is no amnesty. Two of these measures are even punitive.
For the record, many undocumented immigrants are already paying taxes, either because taxes are deducted from their paychecks, or because they are affirmatively filing tax returns with an Individual Tax ID Number, which anyone can apply for from the IRS.
Most undocumented immigrants are law-abiding, peaceful, and hard-working. Why should we punish them with steep fines for contributing to the growth of our nation’s economy? And why should we force an entire class of people (who are often living in poverty despite working more than one job) to perform community service? These two proposals strike me as completely unjust, disingenuous, and exploitative.
Tags: amnesty, Graham, immigration reform, Schumer, undocumented
Posted in Politics/Current Events | Read More »
I’ve heard a lot about employment-based green card categories. What is the difference between EB-2 and EB-3?
The EB-2 category is for professionals holding a Master’s or higher degree or the equivalent. The equivalent means a Bachelor’s degree + 5 years of progressive experience following that degree in the person’s field. Experience is progressive if the job duties and responsibilities increase over time.
To qualify for EB-2, the position for which the person is being sponsored must require an advanced degree or the equivalent and the person must have earned that degree (or the comparable education and experience stated above).
Included in the EB-2 category are Schedule A occupations and National Interest Waiver (NIW) petitions. Schedule A occupations are jobs determined by the Department of Labor (DOL) to be in short supply. These include physical therapists, nurses, persons of exceptional ability in the sciences or arts and university teachers.
NIW’s are for individuals who can demonstrate that their proposed position is in a field of national interest and their unique skills are of intrinsic benefit to the U.S. Generally, the EB-2 category requires the employer to test the labor market for qualified U.S. workers before filing a green card petition. This is not required for Schedule A and National Interest Waiver petitions.
The EB-3 category covers three types of individuals: (1) professionals with a Bachelor’s degree and fewer than 5 years of post-Bachelor’s experience; (2) skilled workers with at least 2 years of training or experience (includes Associate degrees and other post-high school education); and (3) other workers with less than 2 years of training and experience. Testing the labor market is required for all of these categories.
The EB-2 category has a much shorter wait for getting an actual green card than the EB-3 category, so it’s the preferred option, if available. Please contact our immigration law firm if you have any questions about the employment-based green card categories.
Tags: advanced degree, EB-2, EB-3, employment-based green card
Posted in FAQ Employment-Based Green Card | Read More »
The Start-Up Visa Buzz
While comprehensive immigration reform currently seems a distant dream, there is some support in Congress for a new immigrant visa for entrepreneurs. Called the Start-Up Visa, this new category of immigrant visa would require a $250,000 investment in a start-up venture. At least $100,000 of that capital would need to come from a U.S. investor. An entrepreneur would receive a conditional green card for two years, and at the end of those years, he or she would need to show that the start-up venture created at least 5 jobs for U.S. workers.
Modeled on the EB-5 program, which currently requires a $1,000,000 investment in most cases and the creation of 10 jobs, the Start-Up Visa is a brilliant idea which recognizes that scrappy entrepreneurs (not just those investors who have $1,000,000 in cash to plunk down) create the companies that are an engine of huge growth in our economy. The idea has generated a lobbying effort by Silicon Valley, and appears to have some key Congressional support. To learn more, visit www.startupvisa.com . Let’s hope the xenophobes in Congress don’t kill this one.
Tags: entrepreneurs, start-up visa
Posted in Alternative Visa Categories, Politics/Current Events | Read More »
When is it okay to change to a new employer during my employment-based green card process?
A person with a pending employment-based green card petition may change to a new employer once his/her I-140 immigrant petition is approved and the I-485 green card application has been pending 180 days or more. The individual must take a position with the new employer that is the same or similar to the position for which the green card petition was filed. If these elements are met, the green card petition can remain active and pending through the new employer.
The new employer and employee may choose to notify the immigration service of this change. Please note that if the I-140 immigrant petition is withdrawn before 180 days or the immigration service denies or revokes the I-140 approval at any time, the employment-based green card process will most likely result in a denial. Please contact our immigration law office if you have questions about your employment options during the green card process.
Tags: change employer, EB-2, EB-3, employment-based, green card, immigrant petition, permanent resident petition
Posted in FAQ Employment-Based Green Card, Immigrant Visas | Read More »
