how trump's administrative impacts workplace immigrattion
TRANSCRIPT
HRCI & SHRM!APPROVED WEBINAR!!
!
!
!
!
!
!
Program numbers sent to you via email upon program completion. !
Jessica Miller-Merrell!@jmillermerrell!
Jon Velie!@onlinevisas!
OUR SPEAKERS!
Employer & individual visa process optimization
Clientcanini*atethecasebycrea*ngaleadintheirpasswordprotectedportal.Dropininforma*on&uploaddocumentssuchasresume,jobdescrip*on,previousvisaetc.
A?orneywilldiscusscasewithcompanyand/orindividualinthestrategytabtodiscoverwhetherobtainingvisaispossible&determineissuesandhowtoaddressthem.Includesdigitallegalopinion.
Informa*ongatheredfromvarioussec*onsarepopulatedintooura?orneydraBeddocumentsincludingemploymentle?er,no*ceofpos*ng,forms&VisaPe**onBrief.
! !Lead ! ! ! ! !Strategy ! ! !Document Production
OnlineVisasdocumentproduc*ontoolcreatesacolorbrief,employmentle?er,no*ceofpos*ngandformswithinminutes.Itcanduplicatecasesand
makeeditsonthefly.
THE STATE OF OUR H-1B VISA PROCESS !
H-1B PROCESS FLOW CHART !
NEW RULES: !• Grace periods – 10 & 60 days • Counting against the H-1B Cap • H-1B portability • H-1B cap exemptions • Protections for Whistleblowers • H-1B extensions pending green card • Green card portability • Employment authorization in compelling
circumstances • Adjudication of EADs
#1: 10-DAY GRACE PERIODS!
• Provides 2 periods of up to 10 days • Provides time to enter the U.S. &
beginning employment • Second period of 10 days after expiration
date
SCENARIO!
• Billie Jean Vandeweghe, New Zealand tennis coach !
• O-1 visa without going out of status !
#2: 60 DAY GRACE PERIOD!
• 60 day consecutive grace period !
• Impacts E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN visas!
• Eligible for other employment visas with new employer !
SCENARIO!
• Rodrigo Gonzales, Mexican graphic artist!• Terminated from position!• Allowed to remain 60 days in US
searching for work!• Can’t return to work until visa approved!
#3: COUNTING AGAINST THE H-1B CAP!
• Clarifies how H-1B holders are counted against the annual H-1B numerical cap!
• Could extend an H-1B visa !
• Method for determining which H-1B holders are “cap-exempt” as a result of previously being counted against the cap.!
SCENARIO!
• Ross Geller, Paleontologist & H-1B visa holder !
• Returned to native France for 30 days!• Can recapture days in extension!
#4: H-1B PORTABILITY!
• Permits H-1B workers to change jobs or employers, including:!– beginning employment with new H-1B
employers upon the filing of non-frivolous petitions for new H-1B position !
– and permitting H-1B employers to file successive or “bridge petitions."!
SCENARIO!
• Angus Barnaby, British pharmacist in Wisconsin!
• Received offer to work national pharmacy store in Miami!
• Can begin work as soon as new H-1B position is received by USCIS!
#5: H-1B CAP EXEMPTIONS!
Final rule revises the definition of being related or affiliated with a nonprofit entity to clarify and improve the determination of whether H-1B petitions are exempt.!
#6: PROTECTIONS FOR H-1B WHISTLEBLOWERS!
• Provides protection to H-1B visa holders!
• Who provide information to investigations regarding violations of Labor Condition Application (LCA) demonstrate that their failure to maintain H-1B status was due to “extraordinary circumstances.” !
SCENARIO!
• Dr. Ameen Shah offered surgeon position in Arkansas!
• Not licensed in Arkansas to practice medicine!
• Rule allows AR medical board to issue temporary license to obtain H-1B !
#7: H-1B EXTENSIONS UNDER AC21!
• Rule allows H-1B visa holders who are sponsored for permanent residency to extend H-1B!
• Extension beyond applicable 6 years limit!• Includes dependents !
SCENARIO!
• Chai leaves telecom company & accepts programming position at gaming company!
• I-140 approved for more than 180 days !• Allowing him to change employers while
waits for green card approval !
#8: GREEN CARD PORTABILITY • Permits certain green card beneficiaries
with I-140 Petitions!• Must have been approved for more than
180 days !• Allowed to change employers during
process !
SCENARIO!
• Chai previously approved for I-140 for telecom company!
• Visa not automatically revoked under new rule !
#9: COMPELLING CIRCUMSTANCES !
• Includes beneficiaries of E-3, H-1B, H-1B1, L-1or O-1 visas !
• Can apply for separate employment authorization for limited period of time!
• Needs compelling circumstance!– Illness, disability, dispute, retaliation, etc… !
SCENARIO!
• Yo Mang victim of retaliation at employer!• During job search she can apply for EAD!• Allows her to work for any employer!
• USCIS…!– no longer be bound to adjudicate Employment
Authorization Document (“EAD”) applications within 90 days!
– USCIS permits renewal filings up to 180 days before the expiration of the EAD, rather than the current 120 day policy !
#9: ADJUDICATION OF EADS!
ADJUDICATIONS OF EADS CONT !
• USCIS will:!– Grant automatic EA extension up to 180 days!– Based on timely file!– Permit renewal filings up to 180 days !– Must be before the expiration of the EAD rather
than the current 120 day policy !
SCENARIO!
• Veronica Vaughn, second grade teacher and wife of Billy Madison,!
• Husband is L-1 visa holder as an executive in his father’s international hotel operation!
• Receive automatic extension of her EAD!
TRUMP’S CAMPAIGN IMMIGRATION PROMISES !
• Eliminate illegal immigration
• Nationwide e-verify • Create jobs in America
PRESIDENT TRUMP’S EXEC ORDERS !
• 2 recent E.O.’s have impact on immigration!
!• 2nd order yet to be signed
effects nonimmigrant visas including: B-1, E-2, H-1B, H-2A, J-1, and L-1!
THE LEAKED EXEC ORDER !
• Homeland Security 90 days to review regulations that allow foreign nationals to work in the U.S.
• Does not suggest a specific impact on specific visas.
THE LEAKED EXEC ORDER!
– Move towards a merit-based system!– Start performing site visits for L-1 visas!– Reform the manner in which Adjustment of
Status to reduced inefficiencies in the way green cards are allocated!
– Dept. of Labor with State, Attorney General and Homeland Security shall investigate and file a report on the extent of injury to US workers by H-1B, L-1 and B-1 visa categories!
THE LEAKED EXEC ORDER!– Incentivizing, expands participation in E-verify!– Includes conditioning immigration benefits upon
participation!– Conform to Congressional Intent the manner DHS and
State determines when an Immigrant Visa is available!– Reforms Adjustment of Status to reduced inefficiencies in
the way green cards are allocated!– Reforms E-2 treaty investor visas for foreign
entrepreneurs conform to Immigration laws!– Reform J-1 Summer Work Travel to improve
protections or US workers & foreign workers!
FINAL THOUGHTS !
• Legal immigration is in play. It has not changed but likely to be re-negotiated!
• HR leaders need to be a part of the conversation and let their voices & their businesses be heard!
Q&A!
? ? ?
THANK YOU TO OUR SPONSOR!
Introductory offer: $800 plus fees and costs for H-1B visas. Email [email protected] !
Jessica Miller-Merrell!@jmillermerrell!
Jon Velie!@onlinevisas!
LinkedIn: bit.ly/jvelie!
sources!Trump Work Campaign Promises !bit.ly/pres-trump!
What Leaked Exec Order Could Mean? !bit.ly/leaked-eo!
H-1B Visas, Immigration & Travel Ban bit.ly/immigration-rules!
Common H-1B Mistakes !bit.ly/h1b-mistakes!!
SPEAKERS!
LinkedIn: bit.ly/jmillermerrell!
HRCI & SHRM!APPROVED WEBINAR!!
!
!
!
!
!
!
Program numbers sent to you via email upon program completion. !