Title: Current Economic and Immigration Issues Affecting Europe and the U'S' and Pittsburgh
1Current Economic and Immigration Issues Affecting
Europe and the U.S. (and Pittsburgh)
Cohen Grigsby Immigration GroupDecember 1,
2004
2Update on U.S. Immigration Issues
Lawrence M. Lebowitz, Esq.
3OverviewImmigration to U.S. - Four Ways
- Family-Based Immigration
- Employment-Based Immigration
- Asylum/Refugee Status
- Diversity Visa Lottery
4Government 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
5Employment-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)
6H-1B Visas - Key Issues
- Annual Quota
- Exemptions
- Exceptions
- Strategies for Dealing with H-1B Cap
7Basic Requirements
- Alien Possesses B.A./B.S. Degree
- Job Requires B.A./B.S. Degree
8Labor Condition Application
- Attestations
- Prevailing Wage Requirement
- Public Access File
9Filing Fees
- Current Fees
- Soon-to-be Implemented Fees
10L-1 Visas - Key Issues
- Basic Distinction
- L-1A - Managers/Executives
- 7-year maximum stay
- L-1B - Specialized Knowledge
- 5-year maximum stay
11Basic 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
12Blanket L Petition
- Eliminates Pre-file Requirement with USCIS
- File Directly at Consulate/Embassy
- Removal of Six-Month Employment (Now One Year)
13Limitation on L-1B Category
- Utilization by (Primarily) Software Consulting
Firm as Substitute for H-1B Category - Resultant Change in Law
14E Visas - Key Issues
- Key Distinction
- E-1 Treaty Traders
- E-2 Treaty Investors
15Basic 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
16Benefits
- No Employment Abroad Requirement
- Visas Valid for Five Years and Can Extend
Indefinitely - Employment Authorization for Spouse
17Permanent Residence Status
- Three-Step Process
- Timing
- Advantages/Disadvantages
18Step One Labor Certification
- Objective
- Normal Recruitment Process
- Reduction-in-Recruitment
- PERM
19Step Two Immigrant Visa Petition
- Categories/Requirements
- Possible Delays For EB-3 Category
20Step Three Adjustment of Status/Consular
Processing
- Adjustment of Status
- Process
- Advantages/Disadvantages
- Consular Processing
- Process
- Advantages/Disadvantages
21Post-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
23Increased Enforcement Activity
24What 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
25Outbound Immigration Issues
Nancy A. Sharp Ziegler, Esq.
26Worldwide 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
29Business 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
32UK 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
38UK 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
39Worldwide 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
43QUESTIONS AND ANSWERS