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Current Economic and Immigration Issues Affecting Europe and the U'S' and Pittsburgh

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United States Citizenship and Immigration Services (USCIS) ... Eliminates Pre-file Requirement with USCIS. File Directly at Consulate/Embassy ... – PowerPoint PPT presentation

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Title: Current Economic and Immigration Issues Affecting Europe and the U'S' and Pittsburgh


1
Current Economic and Immigration Issues Affecting
Europe and the U.S. (and Pittsburgh)
Cohen Grigsby Immigration GroupDecember 1,
2004
2
Update on U.S. Immigration Issues
Lawrence M. Lebowitz, Esq.
3
OverviewImmigration to U.S. - Four Ways
  • Family-Based Immigration
  • Employment-Based Immigration
  • Asylum/Refugee Status
  • Diversity Visa Lottery

4
Government Agencies
  • United States Citizenship and Immigration
    Services (USCIS)
  • Immigration and Customs Enforcement (ICE)
  • United States Customs and Border Protection
    (USBCP)
  • Department of State (Embassies/Consulates)
  • Department of Labor

5
Employment-Based ImmigrationNonimmigrant
(Temporary) Visas
  • F-1 (Practical Training)
  • H-1B (Specialty Occupation)
  • L-1 (Intracompany Transferee)
  • E-1/E-2 (Treaty Trader/Investor)
  • TN (Canadian/Mexican Professionals)

6
H-1B Visas - Key Issues
  • Annual Quota
  • Exemptions
  • Exceptions
  • Strategies for Dealing with H-1B Cap

7
Basic Requirements
  • Alien Possesses B.A./B.S. Degree
  • Job Requires B.A./B.S. Degree

8
Labor Condition Application
  • Attestations
  • Prevailing Wage Requirement
  • Public Access File

9
Filing Fees
  • Current Fees
  • Soon-to-be Implemented Fees

10
L-1 Visas - Key Issues
  • Basic Distinction
  • L-1A - Managers/Executives
  • 7-year maximum stay
  • L-1B - Specialized Knowledge
  • 5-year maximum stay

11
Basic Requirements
  • Qualifying Relationship Between U.S./Foreign
    Employers
  • One Year Employment with Foreign Employer
  • Work in Executive, Managerial/or Specialized
    Knowledge Capacity with Both Foreign and U.S.
    Employers

12
Blanket L Petition
  • Eliminates Pre-file Requirement with USCIS
  • File Directly at Consulate/Embassy
  • Removal of Six-Month Employment (Now One Year)

13
Limitation on L-1B Category
  • Utilization by (Primarily) Software Consulting
    Firm as Substitute for H-1B Category
  • Resultant Change in Law

14
E Visas - Key Issues
  • Key Distinction
  • E-1 Treaty Traders
  • E-2 Treaty Investors

15
Basic Requirements
  • Treaty Between U.S. and Foreign Country
  • Foreign National/Employee is Citizen of Same
    Country
  • Employee Will Work in Executive, Supervisory or
    Essential Skill Capacity
  • Either Foreign Company/Individual Has Made
    Substantial Investment into U.S. Company or
  • U.S. Company Engages in Substantial Trade With
    Foreign Country

16
Benefits
  • No Employment Abroad Requirement
  • Visas Valid for Five Years and Can Extend
    Indefinitely
  • Employment Authorization for Spouse

17
Permanent Residence Status
  • Three-Step Process
  • Timing
  • Advantages/Disadvantages

18
Step One Labor Certification
  • Objective
  • Normal Recruitment Process
  • Reduction-in-Recruitment
  • PERM

19
Step Two Immigrant Visa Petition
  • Categories/Requirements
  • Possible Delays For EB-3 Category

20
Step Three Adjustment of Status/Consular
Processing
  • Adjustment of Status
  • Process
  • Advantages/Disadvantages
  • Consular Processing
  • Process
  • Advantages/Disadvantages

21
Post-9/11 Changes
  • Additional Security
  • All Venues, i.e., USCIS, DOL, Consulates and POEs
  • Results in Additional Delays
  • Additional Security
  • Checks at Consulates
  • Checks at POEs

22
  • Registration Requirement
  • Affected Countries/Foreign Nationals
  • Student Exchange Visitors Information System
    (SEVIS)
  • Purpose
  • Consequences

23
Increased Enforcement Activity
  • At POE
  • Inside U.S.

24
What Has Not Changed Post-9/11
  • Four Basic Ways to Emigrate to U.S.
  • Nonimmigrant Visa Categories/Processes
  • Permanent Residence Processes
  • Conclusion Process Does Work and Can Be an
    Effective Way to Provide Critical Personnel for
    U.S. Employers

25
Outbound Immigration Issues
Nancy A. Sharp Ziegler, Esq.
26
Worldwide Immigration Schemes
  • Business Visitors
  • Visa required unless exempted by regulation or
    treaty
  • Maximum period of allowable stay
  • Activities restricted in most countries
  • Employment Authorization/Work Permits
  • Numerous categories available
  • Special rules may apply while application in
    process
  • Validity period varies

27
  • Entry Visas
  • Required to enter the country
  • Some countries permit change of status
  • Temporary Residence Permits
  • Required for most countries
  • Apply with local authorities or at consulate
  • Identification card/temporary resident
    identification book
  • Local Registration
  • Register with local police and tax authorities
    after arrival
  • Limited time to comply

28
  • Dependents
  • Status based upon employees status
  • Age restrictions
  • Married spouse, non-married partners
  • Student Authorizations
  • Spousal Employment
  • Require work permit
  • Based upon dependent status

29
Business Visitors to the UK
  • Visa required
  • Exceptions
  • Citizens of European Union, British Overseas
    Territories
  • Others, usually based upon treaties or special
    agreements (including the United States)

30
  • Requirements
  • Valid passport
  • Residence and employer outside UK
  • No compensation from within the UK
  • Hotel, transportation, meals may be paid by Host
    Company
  • Proof of adequate funds to defray expenses
  • Return airline ticket
  • Period of stay
  • Consistent with intended activity
  • Maximum stay 6 months

31
  • Allowable activities
  • Participants in meetings, conferences, contract
    negotiations
  • Trainers and conference speakers
  • Training limited to observation,
    familiarization, and classroom instruction (no
    hands on work)
  • Install, service, or repair equipment or software
    manufactured/produced outside UK
  • Advisor, consultant, trainer, or troubleshooter
    under contract with an affiliated organization
    outside the UK

32
UK Employment Authorization
  • Types of work permits
  • Standard work permit
  • Minimum education and experience requirements
  • Job and employer specific
  • Includes Intracompany Transferees
  • Training or work experience
  • Highly Skilled Migrant Programme
  • Extraordinary ability
  • Point system

33
  • Working Holiday Maker
  • Citizen of a Commonwealth Nation
  • Age 17 to 30
  • Incidental to holiday
  • Max. 2 years
  • UK Ancestry
  • Citizen of a Commonwealth Nation
  • Age 17 and older
  • Grandparent born in UK or Islands
  • Able to work and intend to work

34
  • All nationals require work permit
  • except EEA, Commonwealth, British Overseas
    Territories, Swiss
  • Applications submitted to Home Office, Work
    Permit Unit in UK
  • Employee may not be in country when application
    filed
  • Maximum validity 5 years

35
  • Entry clearance visa needed for most nationals
  • Obtained at British Consulate in country of
    residence
  • Immigration Officer authorizes official entry and
    ability to work upon arrival
  • No change of status in UK
  • Registration with local police required for some
    nationals within 7 days of arrival

36
  • Requirements for Intracompany Transfers
  • Sponsor must be UK based company
  • Worker will be considered employee of UK entity
    (headcount)
  • Pay and conditions equal to local resident worker
    doing similar work
  • Must comply with any licensing or registration
    requirements

37
  • Employee may not have substantial holding in UK
    company or related business (10 or over)
  • Position must require
  • Employee with company knowledge and experience
  • Minimum 6 months with overseas company
  • Unable to be filled locally because of
    specialized knowledge and experience needed based
    on overseas employment with company

38
UK Dependents
  • Dependent status accorded to
  • Spouses
  • Children under age 18
  • Unmarried partners (same or opposite sex)
  • Proof of relationship akin to marriage for 2
    years
  • Dependents authorized to work
  • Must have valid entry clearance
  • Specifying work authorized

39
Worldwide Immigration News
  • Notification
  • Permit holder does not show up
  • Employment ends prior to work permit expiration
  • Standardized photographs
  • Passport style photographs adopted as norm

40
  • Registration of workers from certain countries
  • UK Registration of nationals from countries
    scheduled to join EU
  • Saudi Arabia registration of U.S. nationals

41
  • Attracting desired workers
  • UK Science and Engineering Graduate Scheme
  • China Permanent residence offered to
    Extraordinary Ability senior managers
  • Tightening immigration rules
  • Australia revised Nomination scheme for
    permanent residence
  • France stricter interpretation of rules on
    detachément visas for senior managers

42
  • Processing delays
  • Generally Holidays
  • Netherlands Residence permits
  • UK Extension applications
  • Terrorist Threats
  • Australia Embassy in Jakarta closed
  • U.S. Embassy in Bombay closed

43
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