Immigration Blog

H-1B Alternatives: The L-1 Visa

By |May 14, 2014|

H-1B ALTERNATIVES

With the demand for the H-1B visa far exceeding the cap, it is important to know the H-1B alternatives available to HR professionals and employees.

According to the USCIS, there were 172,500 applications filed between April 1, 2014 and when the cap closed on April 7. The cap is set at 65,000, with another 20,000 available to individuals with advanced degrees. This means that roughly 50% of H-1B petitions will be not be accepted.

One alternative to the H-1B visa is the L-1 visa.

THE L-1 VISA

The L-1 visa is for foreign nationals who have worked for a foreign affiliate of a U.S. company as a manager,  executive, or in a capacity involving specialized knowledge.

The foreign affiliate must have a qualifying relationship with the U.S. company. This could mean that the U.S. company owns the foreign company, or the foreign company owns the U.S. company. It could also mean that the U.S. company and the foreign company are both owned by a third company, or that the U.S. company and the foreign company are part of a joint venture.

There are two different L-1 visas: the L-1A and the L-1B. The L-1A is for employees working in a managerial or executive capacity, and the L-1B visa is for employees with specialized knowledge.

There are a couple of things to keep in mind when considering the L-1 visa as one of your H-1B alternatives.

The L-1 visas are dual intent, which means that if you’d like, you can pursue permanent residence through an employment-based green card.

If the spouse of an L-1 visa holder has an L-2 visa, they are eligible to work in the U.S. after receiving an EAD card by submitting an I-765 application with the USCIS.

While they are a great alternative to H-1B visas, L-1 visas are not an immediate solution because of the requirement of 12 months of continuous work abroad.

Employees on an L-1 visa can file to change status to H-1B. However, time spent in L-1 status counts toward the six-year maximum in H-1B status. Similarly, time spent in H-1B status counts toward the five- or seven-year maximum in L-1 status.

Finally, keep in mind that corporate restructuring and/or changes in ownership of specific affiliated entities can affect L-1 eligibility.

If you didn’t make the cap you may want to consider the L-1 visas as one of your H-1B alternatives.

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H-1B Alternatives: The E-3 Visa

By |May 9, 2014|

H-1B Alternatives

With the demand for the H-1B visa far exceeding the cap, it is important to know the H-1B alternatives available to HR professionals and employees.

According to the USCIS, there were 172,500 applications filed between April 1, 2014 and when the cap closed on April 7. The cap is set at 65,000, with another 20,000 available to individuals with advanced degrees. Which means roughly 50% of H-1B petitions will be not be accepted.

One alternative to the H-1B visa is the E-3 visa.

The E-3 Visa

The E-3 visa is a work-based visa option exclusively available to the citizens of Australia.

You will also need to either have a U.S. Bachelor’s degree or the foreign equivalent to be eligible for the E-3 visa. The open position you are looking to fill must be a “specialty occupation” that requires specialized knowledge obtained through a bachelor’s degree.

When applying for the E-3 visa you can bypass the USCIS and apply directly at the U.S. consulate abroad. Applying at the U.S. consulate can shorten the wait for your approval notice. Typically, the E-3 visas are issued for two years at a time. However, there are unlimited extensions available for this visa. To get an extension you will need to file Form I-129 with the USCIS or attend a new visa stamping appointment at a U.S. consulate abroad.

Unlike many work-based visas the spouse of an E-3 is eligible for work in the United States. To obtain authorization the spouse will need to file Form I-765 with the USCIS.

A couple of things to keep when considering the E-3 visa as one of your H-1B alternatives.

One, the E-3 visa is not duel-intent like the H-1B visa. So, if you are looking to pursue permanent residence in the U.S. you will have to transition to an H-1B visa.

Two, E-3 holders cannot take advantage of the H-1B portability rules, which can make changing employers more challenging.

If you didn’t make the cap and are an Australian you may want to consider the E-3 visa as one of your H-1B alternatives.

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The Visa Bulletin for June 2014 has been Released

By |May 8, 2014|

The U.S. Department of State has released the visa bulletin for June 2014.

VISA BULLETIN FOR FAMILY-SPONSORED VISAS

Visa Bulletin for Family Based

Family visas or green card petitions are segmented into different priority levels. Applicants with U.S. citizen family petitioners will have priority over those with family members who only have green cards.

The different types of family-sponsored visa categories are roughly as follows:

  • F1: The unmarried sons and daughters of U.S. citizens.
  • F2: The spouses and children of Legal Permanent Residents (LPRs or green card holders).
  • F2A: Spouses and Children of LPRs.
  • F2B: Unmarried Adult Children of LPRs.
  • F3: Married sons and daughters of U.S. citizens.
  • F4: Brothers and sisters of adult U.S. citizens.

VISA BULLETIN FOR EMPLOYMENT-BASED VISAS

employment-based branded

The U.S. has five major types of employment-based green cards:

  • EB-1: Priority workers with extraordinary abilities, outstanding professors or researchers, and executives or mangers who have transferred to the U.S.
  • EB-2: Individuals with advance degrees, exceptional abilities, or holding a national interest waivers.
  • EB-3: Skilled workers, professionals, and others who don’t qualify for EB-1 or EB-2.
  • EB-4: Religious workers, broadcasters, Iraq/Afghan translators, Iraqis who have assisted the United States, physicians, Armed forces members, Panama Canal Zone employees, Retired NATO-6 employees, spouses and children of deceased NATO-6 employees.
  • EB-5: Investors who are investing in a new commercial enterprise.

WAIT TIMES

Categories for each visa are supposed to go forward in time from month to month (called “advancement”), reflecting that more recently submitted applications are being processed as time goes on. However, this is not always the case when USCIS is overloaded with an unexpected number of applicants.

Retrogression most often occurs right after a visa category moves forward significantly, inciting a large wave of new applicants looking to take advantage of faster processing times. Retrogression is a way for USCIS to “put on the brakes” for new applications, so to speak. Priority dates for work-based green cards in India recently advanced several years, and there were so many new applicants as a result that the category was almost immediately penalized with retrogression. Normally, visa categories with the most applicants have the slowest advancement and are the most vulnerable to retrogression.

Employment-based immigrant visa petitions will commonly take less time than family-based visas for a number of reasons. There are far fewer employment-based applications due to low government caps, and the work-based visa application process requires the applicant and his or her United States employer to provide an immense and exceptionally detailed amount of information before proceeding.

The visa bulletin publishes “priority dates for visa categories monthly, which let applicants know how far along they are on the wait list. A priority date is like the “now serving sign at a deli counter or a fast food restaurant: the priority date listed is the application date of the people USCIS is currently serving. Having a “current visa category means you don’t even have to take a number.

 

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Some Things to Keep in Mind During the Fiance Visa Process

By |May 7, 2014|

Applying for a fiance visa can be complicated. At VISANOW, we strive to make things as easy and as straightforward as possible. We have outlined some things to keep in mind as you are going through the process.

Check all forms

There are several forms that must be filled out completely and correctly for the K-1 Fiance visa application. Make sure that you know which forms are required, and read all questions and instructions. It is always important to check, double check, and then check again. You want to ensure that all the information that is submitted is accurate and consistent.

Collect all documents

You will need to gather all types of documents, from birth certificates to tax returns. Be certain that you and/or your immigration services provider collects all the evidence that you need to submit with your application. Review all your documents to make sure no pages are missing or illegible. Be aware of what can be submitted as a copy and what originals need to be provided. It is also essential to know what needs to be translated and how this should be done.

Prepare for the K-1 Fiance Visa Interview

It is a fact that interviews are stressful. An interview is particularly stressful when it can be the difference between being able to travel to the United States to marry your fiance(e) or not.

As the interview process is not standardized, there is no way to be able to practice for every question that will be asked. That said, there is one thing that each and every applicant should remember: preparation is essential.

Review all the information that was submitted in the application packet, as the consular officer will likely ask questions about you and your fiance(e)’s biographical information. It is also probable that the officer will ask you about your relationship, so you and your fiance(e) should spend some time reviewing important dates and events. Finally, it is a good idea to prepare some responses to questions the officer may have about your upcoming marriage.

After all that time, effort, and preparation you will be told whether your fiance visa was approved at the conclusion of your interview.

Best of luck!

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Department of Homeland Security Proposes Letting H-4 Visa Holders Work

By |May 6, 2014|

 

“Can H-4 visa holders work while in the United States?”

We have heard this question often and the answer has been “no.” The dependent of an H-1B visa holder needs to apply for a work-based visa to work while in the United States.

That being said, last month the White House proposed new rules that would allow dependents of  H-1B visa holders to work while in the United States. This proposed changed was announced during the inaugural meeting of the Presidential Ambassadors for Global Entrepreneurship.

H-4 Visa Changes

Today the Department of Homeland Security formalized that proposal via a press release saying, “The change proposed by DHS, would allow H-4 dependent spouses of certain H-1B nonimmigrant workers to request employment authorization, as long as the H-1B worker has already started the process of seeking lawful permanent residence through employment.”

This crucial change to the H-4 visa is part of a larger plan to attract highly skilled foreign workers to the United States.

“While the Notice of Proposed Rulemaking has not yet been published in the Federal Register for public comment, the announcement by the Department of Homeland Security (DHS) today indicates that a spouse of an H-1B worker with an approved I-140 Immigrant Petition for Alien Worker will soon be able to obtain a temporary Employment Authorization Document (EAD) by submitting an application for work authorization to the United States Citizenship and Immigration Services (USCIS). This an encouraging step forward by DHS as many H-1B workers must rely on their income alone to support their family. We will continue to monitor the public comment period surrounding this proposed change to the Code of Federal Regulations and provide updates on a timeframe for issuance of a final rule.” said Matthew Hellrung, Senior Counsel for VISANOW.

We are looking forward to the day that we can definitively say, “yes, H-4 visa holders can work while in the United States.”

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H-1B Alternatives: H-1B1 Visa

By |May 1, 2014|

H-1B Alternatives

With the demand for the H-1B visa far exceeding the cap, it is important to know the H-1B alternatives available to HR professionals and employees.

According to the USCIS, there were 172,500 applications filed between April 1, 2014 and when the cap closed on April 7. The cap is set at 65,000, with another 20,000 available to individuals with advanced degrees. Which means roughly 50% of H-1B petitions will be not be accepted.

One alternative to the H-1B visa is the H-1B1 visa.

The H-1B1 Visa

The H-1B1 visa is essentially the same as the H-1B visa, but is exclusively for citizens of either Chile or Singapore.

To be eligible for the H-1B1 visa you need to have a U.S. Bachelor’s degree or the foreign equivalent. The open position you are looking to fill must be a “specialty occupation” that requires specialized knowledge obtained through a bachelor’s degree.

Another benefit of using an H-1B1 visa as one of your H-1B alternatives is that you can bypass the USCIS and apply directly at the U.S. consulate abroad. Applying at the U.S. consulate can shorten the wait for your approval notice. Typically, H-1B1 visas are issued for 12 months at a time but extensions are available through the through USCIS via Form I-129.

If you are a citizen of Singapore or Chile the H-1B1 might be one of the H-1B alternatives you may want to consider.

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10,000: A Milestone Number For Customer Support

By |April 30, 2014|

 

Here in VISANOW Customer Support, we track our numbers.  Daily time spent on the phone, check.  Number of phone calls and emails received and responded to, check.  Average time it takes us to respond, check.

Even though these numbers fluctuate, especially when a “busy season” is upon us (such as H-1B Cap Season), our top priority always remains constant:  providing a high standard of support to our customers while keeping response time low. VISANOW is rising to become a leading global mobility provider, which means we have the opportunity to interact with more and more customers.  This naturally leads us to an increased number of phone and email interactions over time.

A Customer Support Milestone

On April 29th, two Customer Support Specialists (Molly and myself) hit the milestone of responding to 10,000 “inquiries” (phone calls, emails, internal requests, etc.):  a number that at one time seemed daunting but gradually became obtainable.

More Than A Number

While the number “10,000” physically quantifies our customer interactions, it really means so much more.  Each one of those inquiries represents an experience with a customer that may have furthered our knowledge of immigration, taught us how to problem solve, and provided us with experience we can use in future customer interactions.  We are continuously learning how to provide top-notch support so that our customers know we care and are focused on them.

The two of us were beyond stoked about this and and all of us in Customer Support look forward to responding to many more customer inquiries!

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Writing The B-2 Visitor Visa Invitation Letter

By |April 29, 2014|

 

As we have often discussed, the B-2 Visitor visa is not the easiest visa to get approved. The reason being that the interviewing officer is going to assume that you are going to be making your temporary visit to the United States a permanent residency.

A B-2 Visitor visa invitation letter is just one of the many supporting documents that should be prepared for a consulate interview. The invitation letter is important because it helps increase the chances of approval by demonstrating that the foreign national has specific and reasonable plans for their trip to the United States. It also provides a summary of where the applicant will be staying and who will cover the expense of the trip. The invitation letter can also reiterate the applicant’s ties back to their home country.

So, what do you need to include in a B-2 Visitor visa letter?

What Do You Need to Include in a B2 Visa Invitation Letter?

The invitation letter should include some of these major points:

  • Purpose of travel to the U.S.
  • Arrival/departure dates.
  • Where the applicant will be staying.
  • Who will cover the expenses of the trip.
  • The itinerary for the trip.
  • Applicant’s ties to his/her home country.

This information should be included in a B-2 Visitor visa invitation letter. Remember, a detailed invitation letter does not guarantee the approval of a visa. That being said, it is essential to present an all-around strong case with multiple supporting documents, as well as preparing for the consulate interview.

If you want to discuss your case in more detail or need help figuring out how best to proceed with your B-2 Visitor visa application, give us a call at 312-935-7400.

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H-1B Alternatives: TN Visa

By |April 24, 2014|

 

H-1B Alternatives

With the demand for the H-1B visa far exceeding the cap, it is important to know the H-1B alternatives available to HR professionals and employees.

According to the USCIS, there were 172,500 applications filed between April 1, 2014 and when the cap closed on April 7. The cap is set at 65,000, with another 20,000 available to individuals with advanced degrees. Which means roughly 50% of H-1B petitions will be not be accepted.

One alternative to the H-1B visa is the TN visa.

The TN Visa

The TN visa is available for the citizens of Mexico and Canada and was created as a result of NAFTA. To be eligible for a TN visa you have to be in one of the professional occupational classifications listed under NAFTA under Appendix 1603. D.1.

If you are looking at the TN visa as one of your H-1B alternatives this year, it’s important to note that it is not dual intent. Which means, if you are a Mexican or Canadian citizen in the U.S. on a TN visa and eventually want to apply for a green card, you will need to eventually move into H-1B status.

 

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Keeping Customers Happy: Our First Quarter Net Promoter Score

By |April 23, 2014|

Our Q1 Net Promoter Score (NPS) results are now in and spoiler alert: we are very happy with the results.

Calculating the Net Promoter Score

To calculate our company-wide NPS, I combine all surveys we receive from all of our customers:  HR managers, employees of corporate clients, and individual clients.  I take the answer to the question “Would you recommend Envoy to a friend or colleague?” and divide respondents into 3 categories based on the number (0-10, with 0 being “no way!” and 10 being “would definitely recommend!”).

In case you’re curious, here’s how the Net Promoter Score calculation is made:

Promoters are individuals who give a score of 9-10.

Passives give 7-8.

Detractors give 0-6.

NPS = % Promoters – % Detractors.

Yes, that means it’s possible to get a negative score!  Top companies typically score around 70.

In Q1 2014, 232 out of 254 VISANOW customers who completed surveys identified as Promoters.

We ended Q1 with an NPS of 89 and are absolutely thrilled about it!

In the Company of Others

To compare Envoy with other companies, we use the Satmetrix 2014 Net Promoter Score Benchmarks Report, which was released in March of this year.  The report calculates Net Promoter Scores of over 200 major brands from more than 24,000 customer surveys.

The result?

Our score of 89 means that Envoy outperformed all of the top companies surveyed by Satmetrix.  With an NPS above that of Amazon.com (64), Zappos (60), Pandora (56), Netflix (54), TurboTax (58), and Apple (66), we have proven that we’re real contenders in the field of customer happiness.  Not many law firms can tell you that!

Don’t think we’ll stop here, though.  At Envoy we are fiercely committed to revolutionizing the immigration process. This means we will continue to pursue the ultimate client experience and make immigration as easy as possible for our customers.

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VISANOW is now Envoy.

As part of our mission to create opportunities for organizations and global talent, we’ve updated our brand and how we communicate our message. In a time when thinking globally is how organizations grow and progress, we help businesses build world-ready workforces.

Envoy’s workforce management platform features premiere tools for navigating the immigration process for all your sponsored employees; knowledgeable Envoy-affiliated attorney and customer support; and resources to help you learn how to become an expert in the global immigration process.

You will be redirected shortly. Go to EnvoyGlobal.com to see the new changes.