Articles Posted in Work Visas

As the Hospitality business was booming in the US, more and more Hospitality professionals in Europe came to the US and started their own businesses via the E2 visa investment. The same happened to Dean and Laura Franks, a British couple who opened the restaurant in 2000 in the state of Maine.

They used the E2 visa, the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. Now they found that after nine years of running their business, they could not renew their visa, forcing them to shutter the restaurant and leave the country. They are not alone. In the past few months we have seen numerous, E2 and L1A visas get denied for no valid reason. Is the US government turning investors away, are they denying cases intentionally? If so why now?

In denying the Franks’ renewal application last year, immigration officials said their restaurant had become a marginal business. The government sets no specific dollar amount, but it defines a marginal enterprise as one that “does not have the present or future capacity to generate more than enough income to provide a minimal living” for the visa holder and his family.

Here is the latest on the H1B visa numbers. May 21, 2010 H-2B Cap Count

As of 05/21/10, USCIS receipted 26,422 H-2B petitions, towards the 47,000 beneficiaries target for the second half of the fiscal year.* This count includes 25,178 approved and 1,244 pending petitions.

With all the hype, hysteria and hot air generated around the H1-B visa program issue during the past several years, one fundamental truism remains: the current annual level of H-1B visas being utilized in the United States is about the same level as in 1990.

As the H1B season still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are “employed at” cap exempt facilities.

The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.

VSC notes that in this instance, the term “cap exempt” refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). “Cap exempt” petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:

As of May 14, 2010, approximately 19,000 H-1B cap-subject petitions were received. Additionally, USCIS has received 8,100 H-1B petitions for aliens with advanced degrees.

What organizations are cap exempt for example?

Nonprofit Organizations “Affiliated” with Institutions of Higher Education Are Cap Exempt

Last week we became members of Global Alliance of Hospitality Attorneys , this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

E2 Visa

As of May 11, 2010, approximately 18,000 H-1B cap-subject petitions were filed. Additionally, USCIS has received 7,600 H-1B petitions for aliens with advanced degrees. Still fewer visas than expected, sign of the times. We expect filings to pick after the May graduations and into the summer.

So what is this H1B Cap all about?

The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status each fiscal year (FY). The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003. In addition, excluded from the ceiling are all H-1B non-immigrants who work at (but not necessarily for) universities and non-profit research facilities. This means that contractors working at, but not directly employed by the institution may be exempt from the cap. Free Trade Agreements allow a carve out from the numerical limit of 1,400 for Chilean nationals and 5,400 for Singapore nationals. Laws also exempt up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the cap on H-1B visas.

As of April 15, 2010, approximately 13,600 H-1B cap-subject petitions had been filed. USCIS has approved 5,800 H-1B petitions for aliens with advanced degrees.

Many immigration lawyers are seeing a sharp decline in the interest in the H1B visa this year by potential employers and workers. Some are saying that the downturn in H1B applications this year could be as much as 60%. As a result of this decline, there are predictions that the quota will not be reached within the first few months of this year. Rather, many suspect that the bachelor’s quota won’t be reached until the middle of July, and that the master’s quota won’t be reached until later this June.

We shall see how the number will play out in the next few months.

We are posting the recent list of petitioners who received an approval in FY09 of Form I-129, requesting initial H-1B status for the beneficiary employee. Approximately 3,000 initial H-1B petitions are not accounted for on this list due to missing petitioner tax ID numbers.

While the full official final list of biggest H1B visa employers for FY2010 for the season has not been released, this preliminary list has been released for the Top employers this past US immigration year.

An H1B visa is a temporary working visa for professional positions, which allows foreign nationals to live and work in the U.S. for up to six years. This visa is an important tool for any employer to get the highly qualified technical expertise it needs to operate and grow its business.

The National Foundation for American Policy released a few interesting facts about H1B visa usage. You will be surprised when you read the following:

– Although important for the competitiveness of many U.S. companies, new H-1B visa holders represented only 0.06 percent of the U.S. civilian labor force in 2009, a tiny proportion of the U.S. workforce, making unsupportable claims that such individuals are “destroying” large numbers of U.S. jobs. Moreover, for the past several years no new H-1B visa holder could even be hired by companies in the United States for 4 to 12 months at a time due to quotas being exhausted, making it unlikely that employers would go without filling jobs if a qualified U.S. applicant was available.

– A large variety of businesses and organizations in America, including public school systems, hire H-1B professionals every year. In FY 2009, 27,288 different employers hired at least one individual on a new H- 1B petition, according to USCIS. Contrary to the popular impression, 96 percent of the employers (26,304 of 27,288) hired 10 or fewer individuals on a new H-1B petition. A total of 18,747 employers, or 69 percent, hired only one foreign national on a new H-1B petition.

H1B filings are looking much better than last year. U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

There is a lot of uncertainty regarding the cap this year. Unless there is a remarkable change in the economy in the next few months, the filing levels are likely to continue to be low. The USCIS is expected to continue closely scrutinizing H1B filings, and to demand detailed proof of the nature of the job offer and eligibility for H1B approval. We will keep you posted.