H-1B Visa Season is Here

It’s that time of year again.  H-1B season is upon us.  U.S. companies wishing to hire foreign national employees should be gathering supporting documents and retaining an immigration attorney to file the H-1B Petition on the April 1^st opening.

The H-1B visa allows a U.S. employer to sponsor a foreign national to work on a temporary basis in the United States.  The position to be filled by the employee must be one that is considered a “specialty occupation” by the United States Citizenship and Immigration Services (USCIS).  The minimum education requirement is a degree equivalent to a 4 year U.S. bachelor’s degree.  The employer must also pay the foreign national a fair wage, also known as the prevailing wage – as determined by the U.S. Department of Labor.

While the H-1B visa may seem like a fantastic and inexpensive way to bring over foreign labor, the government places a numerical cap on the number of petitions they adjudicate.  For this reason – it’s important to establish a relationship with an immigration attorney to file a timely petition.

The numerical cap is set at 65,000 visas per fiscal year.  The first 20,000 petitions submitted by candidates with a master’s degree (or higher) are exempt from the cap.  This gives significant advantage to potential employees holding advance degrees above the bachelor level.

Once an employee obtains an H-1B visa they may begin working at their designated job.  Visas may be renewed once expired – but may not be extended beyond six years.  The acceptance for 2015 petitions begins on April 1^st.  Should USCIS receive your petition after that date, there is virtually no chance of getting an approved visa.

To learn more about the H-1B Temporary Worker Visa and how General Counsel, P.C. can assist you, contact our office today.

Executive Action on Immigration - November 20, 2014

This evening President Obama announced his plan for executive action on immigration.  The President has decided to take unilateral action on immigration without support of Congress, and as some polls suggest, without the support of the American populous.

Obama stressed that his immigration action is lawful while critics disagree.  He urged congress to pass a bill on immigration reform in the future months.

What does the President’s executive order entail?

The President made three points related to his plan.  1) More resources will be provided to US Border Patrol agents on the US-Mexican border.  2) There should be an easier and faster immigration path for highly skilled workers graduating from US universities.  3) And finally, the need to deal with the current illegal immigrant population in the United States.

Mr. Obama provided a more detailed plan to accomplish his third point in dealing with undocumented individuals currently in the country.  He stressed increased deportation of criminal illegal aliens and made clear that his goal was not to tear families apart.

Undocumented individuals who have lived in the United States for five or more years, have US citizen or permanent resident children and pass a background check may remain temporarily in the US without fear of deportation.  The President also mentioned that this executive order is not a path to citizenship, not a permanent amnesty and not for recent illegal arrivals.

While many people are celebrating the President’s announcement – many questions are left unanswered.  Obama stressed that the deferred deportation is not permanent, however, no mention of how long the deferment is valid for is mentioned.  Further, many people who followed the Deferred Action for Childhood Arrivals (DACA) in 2012, recognize that still to this day no mention on how long the deferment is valid for has been discussed.

Another issue, and perhaps the most important to immigration lawyers, is how the documentation of these undocumented individuals will slow down the processing of currently pending (and future) legal immigration applications.  Many have also questioned, what sort of message is being sent to potential legal immigrants who believe that there is no point to following the law when they can come to the US, overstay and live undocumented until the government provides them amnesty.

For more information on whether you qualify to remain in the United States due to the President’s executive order, or information on any other immigration matters, please feel free to contact our office.

Attorney Kyle Barella

(202) 621-3198

kbarella@gcpc.com

Immigration Courts to Expedite Children's Cases

Criticism over slow processing times and system backlog has led immigration courts to speed up the cases for Central American children detained at the border. 

Generally when an undocumented alien is detained at the border for attempting to illegally enter the United States they are given a date to report to court for an initial hearing.  Often, due to a large backlog of cases the hearing may not be scheduled months and sometimes even over a year.

Children detained at the border will now be granted their initial hearing within three weeks.  While many Americans are praising this decision to process and potentially deport these children in a timely manner, some fear that the three week expedited hearing does not allow the child to obtain competent legal counsel. 

With a shortage of pro-bono attorneys to represent these children, many wonder if three weeks is enough time prepare a case arguing that the child should remain in the country legally.

Ultimately immigration judges need to ensure that each child has been given proper due process to avoid any unnecessary appeals.  There is a fine line between speeding up cases to promote efficiency, and speeding up cases too fast that may lead to mistakes resulting in even more delay.

For additional information on immigration law or to speak with an immigration attorney, contact General Counsel, PC at 703.556.0411 or by email at kbarella@gcpc.com.