Can a Revoked Visa be Reinstated?

If you hold a U.S. visa, you should understand that your visa can be revoked or canceled at any time and for a variety of reasons. Visa holders must adhere to the terms and conditions of the visa, and they must exit the United States when their stay expires. If you have any questions about obtaining a visa, or if you are a visa holder with any questions about the terms and conditions of your visa, have those questions answered by an experienced Ohio immigration attorney.

The United States issues two types of visas: A “nonimmigrant” visa is issued to those who have been approved for temporary stays in the United States as visitors, students, or employees. An “immigrant” visa is issued to immigrants who have been approved for lawful permanent residence in the U.S. According to CNN, in the fiscal year 2016, the United States issued more than ten million nonimmigrant visas and over 600,000 immigrant visas.

Every visa spells out the activities that are and are not permitted to the visa holder. For example, someone who holds a B-2 tourist visa cannot work or accept employment in the United States. That person would have to apply for a change of status and obtain a work visa – an H-1B visa, for example – in order to work or accept employment in the U.S.

WHAT HAPPENS WHEN A VISA IS REVOKED?

Visa holders who are outside of the United States should know that a consular officer is authorized to revoke both immigrant and nonimmigrant visas at any time, at his or her discretion. A revoked visa is no longer valid for entry or reentry into the United States. It is not uncommon for a consular officer to approve a visa, and after new information emerges, to revoke that same visa.

A visa can be revoked if the visa holder is deemed inadmissible to the U.S. on security, criminal, medical, financial, or other grounds, or if the visa holder is ineligible for that particular visa category. A visa might also be reinstated after new information emerges or after an interview with a consular officer, or the officer might simply suggest applying for a new visa. From 2001 through 2015, approximately 122,000 U.S. visas were revoked.

Visa revocations targeting visa holders who are already in the United States are becoming more frequent. For example, a visa may be revoked if the visa holder became involved in a criminal incident in the U.S. A minor criminal incident – even an arrest where the charge is dropped – could potentially result in a visa revocation. Any visa holder in the U.S. facing this kind of situation should contact an experienced immigration lawyer for legal assistance at once.

WHAT HAPPENS WHEN A VISA IS CANCELLED?

A visa cancellation is usually less serious than a revocation, and a cancellation does not necessarily mean that the visa holder is being accused of doing anything wrong. A visa might be canceled because of a minor paperwork mistake, for example, but that merely means that the mistake must be corrected before the visa can be approved. A U.S. consulate or embassy will mark the visa “Cancelled Without Prejudice,” which means that the cancellation does not impair the individual’s eligibility to obtain a valid visa and enter the United States.

A visa might also be canceled, however, if any evidence emerges that the visa holder may use the visa for a purpose other than those purposes spelled out by the visa’s terms and conditions. And a visa can be revoked if someone applies for a new visa and any evidence emerges that the old visa was misused in some way. One leading reason why visas are revoked is “overstays,” when visa holders remain in the U.S. beyond the time allowed by the visa.

According to the Department of Homeland Security, the rate of overstays for business travelers and international tourists was only 0.9 percent in 2015, or about 416,000 out of about 45 million. It’s vital for visa holders to know that the “expiration date” printed on a visa is not the last day that the visa holder is allowed to be in the United States. Instead, that date indicates the last date that the visa can be used as a document for entry into the U.S.

It’s a significant difference and often the source of confusion. A visa holder’s Form I-94 Arrival/Departure Record is where you will find the actual date when a visa holder must exit the United States. If a visa holder remains in the United States after that date – without a pending application for a change of status or a visa extension – that individual’s visa will be automatically canceled.

IF YOUR VISA IS CANCELLED OR REVOKED, WHAT SHOULD YOU DO?

When a visa is canceled, the visa holder must leave the U.S. at once – or delay his or her plans to enter the U.S. – until that person has applied for and been approved for a new visa. If you believe that your visa has been unjustly, unfairly, or wrongly canceled or revoked, you should challenge that decision aggressively. In some cases, a visa revocation can result in the visa holder being barred for years – sometimes permanently – from the United States. Even the ability of your family members to obtain visas could potentially be affected.

Individuals should speak with an experienced immigration lawyer if they need legal advice about their visa status, their eligibility for admission to the United States, or any other matter of immigration law. Visa and eligibility matters are sometimes exceedingly complicated. Do not hesitate to contact an experienced Ohio immigration attorney about any questions, problems, or concerns regarding your visa or your immigration status. You’ll receive sound legal guidance.

While these are serious matters, the fact is that most problems with visas can be remedied easily with an attorney’s help, and most of the people who are facing these issues will remain eligible to obtain visas and enter the United States. Just as the government can cancel or revoke a visa, the government can reinstate a visa or issue a new visa. If it’s necessary, a good immigration lawyer can represent you before immigration authorities, protect your legal rights, and advocate on your behalf at a legal proceeding or immigration hearing.

Lame-Duck Congress Ignores Chance For EB-5 Reforms

The EB-5 immigrant investor visa program bolsters the U.S. economy through capital investment and job creation. Each year, up to 10,000 EB-5 visas are offered to international investors who place a minimum of $500,000 into development projects or into other investments that create at least ten full-time jobs for U.S. workers. The investor and his or her qualifying family members will receive green cards after two years, provided that the ten or more jobs have been created and that all other EB-5 requirements have been met.

EB-5 visa applications nearly tripled from 2013 through 2015, but the visa’s popularity has also exposed what critics say are serious flaws with the way the EB-5 investor visa program operates. Just before leaving Washington for the holidays, the last Congress renewed the EB-5 visa program for another four-and-a-half months as part of a year-end spending bill. Despite the controversies that surround the program, no reforms were made in 2016. Senate Judiciary Committee Chairman Chuck Grassley, one of the lawmakers who believe the program needs reform, said, “After another year, we have yet another missed opportunity.”

The EB-5 program – and the several controversies associated with it – will now be inherited by a new President and a new Congress. The EB-5 program was initially established during the first Bush Administration to encourage international investors to place considerable amounts of capital into new U.S.-based business ventures. In the years since, Congress has enhanced the EB-5 program’s appeal to foreign investors in a number of ways, including a less precise definition of job creation and a lower minimum investment amount.

WHAT IS THE APPROVAL RATE FOR EB-5 APPLICATIONS?

International investors have responded with rising interest in the EB-5 program, and the approval rate for the EB-5 visa is about 90 percent. The EB-5 offers international investors a path to U.S. citizenship if they invest at least $1 million in most instances, although a half-million dollar investment is the minimum that’s required if the investment is in an economically-depressed region.

A Government Accountability Office report published in September 2016 says that the Department of Homeland Security is currently addressing several potential fraud risks in the EB-5 program. And despite the President-elect’s well-known opposition to undocumented immigration, some advocates of the EB-5 are even expecting the program to flourish under the new Trump Administration.

“His strong stance [is] against illegal immigration,” said former New York Governor George Pataki at a recent investment conference in China. “And EB-5 is a legal immigration program. He understands the need for capital, the need for investment.” The executive director of the U.S. Immigration Fund, Charles Gargano, also believes that the EB-5 program will thrive because of Mr. Trump’s own experience as an investor. “Under President-elect Trump, a developer himself, he will magnify the need for a program like this,” Gargano explained to the same conference in Shanghai in November.

HOW SOON ARE EB-5 REFORMS LIKELY TO HAPPEN?

Mr. Trump’s son-in-law, Jared Kushner, is in charge of a Jersey City complex that has purportedly leveraged $50 million in EB-5 funds as a portion of its financing. And despite broad agreement that the EB-5 visa program needs reform, drastic change isn’t likely under the new administration and new Congress, according to David North, a spokesperson at the Center for Immigration Studies. “I don’t think the program’s going to get killed,” North adds.

Advocates of the EB-5 program say that more than $11 billion in investments and more than 220,000 U.S. jobs will vanish if the EB-5 visa program is eliminated. Peter D. Joseph, the executive director of the EB-5 trade group Invest in the USA, says, “We’re working for important reforms that improve rigorous vetting of projects and investors, so that the program can continue investing in communities and providing quality American jobs.”

The previous Congress made no changes to the EB-5 program in 2015 and 2016. A number of reform proposals were offered, but in the end the program was renewed without change. For now, to obtain an EB-5 visa, a foreign investor must put at least $1 million into a new U.S. business that creates ten or more full-time U.S.-based jobs, or the investor must put at least $500,000 into a “Targeted Employment Area.” An applicant must also prove that his or her investment dollars were received legally and legitimately. This requirement helps to ensure that the EB-5 program is not dealing with money laundered by crime networks or terrorists.

WHAT ARE EB-5 REGIONAL CENTERS?

Most EB-5 international investors work with the EB-5 Regional Center Program. Regional centers are private-sector groups that pool investment funds to develop resorts, hotels, retail centers, and other major projects. From 2005 through 2013, the EB-5 investor visa program brought more than $5 billion into the United States. Foreign investors can best take advantage of the EB-5 program by working from the start with an Ohio immigration attorney who routinely helps investors dealing with immigration issues. There is an annual cap – only 10,000 EB-5 visas are offered annually – so investors should initiate the application process as early as possible.

Anyone with any questions or concerns regarding the EB-5 investment visa or any immigration matter should speak as soon as possible to an experienced U.S. immigration lawyer. If you are an international investor considering a business investment in the United States, let an experienced Ohio immigration attorney work on your behalf. You can arrange for a consultation by email or by calling from anywhere in the world. The economy is rising strong once more in the United States, and excellent investment opportunities are found in every one of the fifty states.

All qualified international investors may petition for an EB-5 visa. The EB-5 visa does not require a sponsor or a labor certification. Through the EB-5 investor visa program, the U.S. allows international investors to invest in U.S.-based businesses and to live here with their immediate families. As the conditions of the EB-5 visa are satisfied, investors and their families qualify to receive green cards. Learn more about the EB-5 visa and other options for investors by speaking with an Ohio immigration attorney. The EB-5 visa is an excellent path to lawful permanent residency in the United States for the willing and able international investor.

Who Qualifies For EB-5 Investor Visas?

International investors who are seeking a great investment opportunity should speak to an experienced U.S. immigration lawyer about the EB-5 investor visa program. International investors who are not familiar with the EB-5 immigrant investor program may appreciate a brief summary regarding what the EB-5 visa is, who qualifies, and why it’s important. The Immigration Act of 1990 creates five employment-based immigration categories. As the fifth employment-based immigration category, the immigrant investor program is designated “EB-5.”

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Like many nations, the United States seeks international investors who can create jobs and boost the national economy. The EB-5 immigrant investor visa allows those investors to become lawful permanent residents immediately upon entering the United States. Investors applying for the EB-5 visa must invest between $500,000 and $1 million in a U.S.-based business, take an active role in the business, and create at least ten full-time jobs. Only 10,000 EB-5 visas are made available each year, so if more than 10,000 investors apply for the visa in a single year, some of them may be placed on a waiting list.

The EB-5 investor visa is one of the most difficult immigrant visas to obtain. Investors must meet not only the eligibility requirements established for all immigrants to the United States, but the investment itself must also be approved. It’s best to work from the very beginning with a U.S.-based immigration lawyer located near your investment site – a Michigan or Ohio immigration attorney, for instance.

WHY DO EB-5 VISA APPLICANTS NEED AN ATTORNEY?

If you apply to obtain an EB-5 visa on your own, and you are unsuccessful, you may damage your chances of success in the future. And because you are expected to make the investment first and then subsequently apply for the visa and green card, you could be putting your money at risk if you make an investment or apply for a visa without first seeking an immigration attorney’s advice. EB-5 green cards expire in two years. That’s the amount of time an EB-5 investment has to create the necessary ten or more full-time jobs. If it hasn’t, or if an investor fails in some other way to maintain EB-5 eligibility, the green card is canceled.

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As long as an investor has the money to invest, and as long as the investment is in a for-profit business, the investor is not required to have any particular business training or experience. An investor who receives a green card must actually reside in the U.S. upon receiving it. The investor’s spouse and unmarried children under age 21 receive derivative green cards provided they meet all other immigration eligibility requirements.

An EB-5 investor can lose his or her visa and green card by living outside of the United States, committing a crime in the United States, or even by failing to report a change of address. A conviction for a crime or the violation of any terms of the visa makes a visa holder deportable. However, if an international investor retains a green card for five years and lives in the U.S. continuously during that time (which includes the first two years as a conditional resident), an investor can apply for naturalized U.S. citizenship.

WHAT INVESTMENTS QUALIFY FOR THE EB-5 PROGRAM?

EB-5 visas may be obtained with several types of investment. Most EB-5 applicants invest in an EB-5 “regional center,” a group that operates a business created by EB-5 investments. EB-5 regional centers are attractive because investors do not have to create their own businesses, and the minimum investment is only $500,000 rather than the $1 million minima that is otherwise required.

U.S. Citizenship and Immigration Services (USCIS) designates and approves regional centers, which are designed to meet USCIS requirements for the initial, conditional EB-5 visa. Investors must take care to select a regional center that will actually deliver on its promises to meet USCIS requirements – not all can or do. An immigration lawyer in the U.S. – a Michigan or Ohio immigration attorney, for example –  can help you make the right EB-5 investment choice.

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Investors can also obtain an EB-5 visa by directly investing in their own businesses. The minimum requirement is a $1 million investment to create a new business in the United States or to expand or restructure an existing U.S.-based business. In certain designated rural settings and in other designated locations in the U.S. where unemployment is high, the investment minimum is $500,000.

WHAT ARE EB-5 APPLICANTS REQUIRED TO PROVE?

EB-5 investors are required to prove to USCIS that their investment money is theirs and that it was legally obtained. Investors will need to provide evidence such as pay records, tax records, and/or inheritance documents. Within two years, the business receiving the investment must create at least ten full-time jobs requiring at least 35 hours a week. Jobs held at the business by the investor or by his or her spouse or children do not count toward the ten-job requirement.

It’s also important for investors to understand that EB-5 investments require the investor’s active participation in either a management role or a decision-making role. Passive investments such as land speculation typically do not qualify for the EB-5 program. If an investor works with a regional center that is a limited partnership (most regional centers are), USCIS considers that to be sufficient participation. A direct EB-5 investment must create a new business, purchase a business that was established since November 29, 1990, or buy a business and restructure or reorganize it so that a new business entity is the result.

EB-5 is the only immigration category that allows international investors entry into the U.S. as automatic legal permanent residents. Even though the EB-5 program started slowly after the Immigration Act of 1990 became law, in recent years, international investors have expressed rising interest. In 2014, for example, EB-5 investments totaled approximately $2.6 billion and created more than 16,000 full-time jobs in the United States.

For those with the resources, the EB-5 investor visa is probably the best path to lawful permanent residency and naturalized U.S. citizenship. If you seek to become a lawful permanent U.S. resident, and if you have the ability to invest in a U.S.-based business, the EB-5 investor visa program may be right for you. Every visa and every immigration procedure takes time, so interested investors should speak with a U.S. immigration lawyer promptly to begin the process.

What are The Best Practices For U.S. Business Visa Interviews?

Several options for immigration are available for business visitors to the United States. There are five categories of “EB” visas (employment-based visas) for immigrants eligible to work in the United States as permanent residents, and employer sponsorship is sometimes required for those visas. Temporary, non-immigrant visas are also offered to those who want or need to work in the United States for a specified and brief amount of time. In most cases, healthcare workers, scholars, professionals, athletes, artists, investors, and business persons will qualify for a temporary non-immigrant visa.

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The Visa Waiver Program allows business visitors from 38 nations to visit the United States for up to 90 days without obtaining a visa, but if you are not entering the United States under the Visa Waiver Program, you will have to be interviewed for your visa at a U.S. Embassy or Consulate. After you have applied for your visa, the National Visa Center will notify you regarding the date, time, and location of your interview.

You and any family member who is also applying for a visa to accompany you to the United States must schedule and complete a medical examination, along with any required vaccinations, before your visa interview date. Your interviewer will want to determine that you are a genuine and legitimate business visitor, that you are eligible for the visa, and that you do not intend to violate any of the terms of your visa. Be prepared to provide information during the interview regarding:

  • your company or business, its history, and its current prospects
  • your reasons and plans for visiting the United States
  • evidence of your plans, appointments, and meetings, especially letters or emails inviting you (If you plan to invest in the United States or buy U.S. products, this is in your favor.)
  • your strong ties to your home, community, family, and property, and your intention to return at the end of your authorized stay in the United States
  • your reservations and round-trip travel tickets
  • your resources to cover your expenses while traveling and staying temporarily in the United States

Be prepared and confident when you interview for a business visa. If you are even the least bit hesitant or nervous, the interviewer may think you are hiding something or being dishonest. Your interviewer will have a great deal of discretion regarding your business visa, but your interviewer will also probably have only a few brief moments to “size you up” and make a decision regarding your visa petition.

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If you speak English, interview in English and do not ask for an interpreter. Many business people are experts in their business, but they may not know English. If you don’t, you will need to request an interpreter. However, if you can communicate in English, it is in your favor, because English is still the predominant language in the U.S. business community. Almost no one speaks English perfectly, and no one expects you to speak it perfectly, either.

Nevertheless, you should be able to communicate clearly with your interviewer regarding your age, education, experience, your relationship with the company that is sending you to the United States, your employment with them, your marital status, and details about your children. You should be ready to provide the proof for all of these matters to the extent that it is possible. It is difficult to say precisely what documents will be required from you, as every visa petitioner’s circumstances are different. Of course, any fraud or misrepresentation while petitioning or interviewing for a visa could make you permanently ineligible for a nonimmigrant visa.

Applicants should dress formally for the visa interview, but they should also dress appropriately for their professional status. Maintain eye contact with your interviewer throughout the interview. Do not show any signs of nervousness such as tapping your fingers or tapping your foot. If you are going to the United States on behalf of your company, and if you can, wear your company’s ID to the interview in a visible manner.

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Do not wear inappropriate clothing or excessive makeup or jewelry to the visa interview. If others who work for your company have traveled to the United States on a business visa, it may be a good idea to ask them first about the kinds of questions they were asked and the documents they were asked to produce. Their situation may be comparable to yours, and your colleagues may be able to give you a clear idea of what to expect. Listed here are some of the questions you may expect to be asked:

  • Why do you wish to go to the United States?
  • When will you be traveling, and how long do you intend to remain in the U.S.?
  • How much will your visit cost, and who is paying for it?
  • What does your company do, and what is your role there?
  • Where will you go in the U.S., and whom will you meet?
  • How will this visit benefit you and/or your employer?
  • Who is going to accompany you to the U.S.?
  • Have you been to the United States before?
  • Can you prove that you will return at the end of your period of authorized stay?

After you have entered the United States on a temporary, nonimmigrant business visa, consult with an experienced immigration attorney before you do anything like starting a business, opening a bank account, investing, or purchasing life insurance. Those are all actions that indicate that someone may be planning to remain in the United States, so you will need an immigration attorney’s help and advice to avoid the suspicions of immigration authorities.

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If you are coming to the U.S. on business, a good immigration lawyer can answer your questions, address your concerns, help you with your visa petition, and discuss your visa interview. Today, of course, you can speak to an immigration attorney by phone or email from anywhere in the world. A good immigration lawyer will also defend your rights and help you achieve your goals. Still, the only person who can prepare you for a visa interview is you. Full preparation for the visa interview is essential if you want or need to do business in the United States.

Infographic – The Wait To Come To America

Applying for permanent residence in the United States can be quite the complicated process and each year the Immigration and Nationality Act (INA) limits the number of visas available. These limits currently stand at 226,000 for family-sponsored visas and 140,000 for employment-related authorizations. Also, each month, the government announces wait times for visa applications, which vary based on the type of visa sought, the number of visas available, and the applicant’s current citizenship. Additionally, the wait could be even longer if you come from countries deemed “oversubscribed,” such as the Philippines, Mexico, India, and China. For more information and legal assistance on immigration-related issues, speak with an experienced immigration attorney.

The Wait to Come to America

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Where Do H-1B Visas Go?

In January 2010, the senior executives at Molina Healthcare, located in Long Beach, California, conducted a staff meeting. Dozens of people in Molina’s IT department would have to be laid off, the executives announced, because the company had done so poorly in the preceding quarter. What the laid-off employees did not suspect at the time was that on the day before the staff meeting, the U.S. Department of Labor had approved applications for forty temporary workers from India to replace them at Molina Healthcare. The laid-off workers, all U.S. citizens or lawful permanent residents, earned an average of $75,000 a year plus benefits. Their replacements would earn $50,000 a year with no benefits.

Big companies have been just as guilty of abusing temporary worker visas as smaller companies. In October 2014, 250 IT employees at Walt Disney Parks and Resorts in Florida were told that they would be laid off. Layoffs, of course, are not uncommon, but what made this layoff newsworthy was the sense that the workers had been insulted. They were told that in order to receive their severance pay, they would be obligated to train their own replacements – IT workers from India entering the United States with H-1B visas.

In response, two former Disney tech employees filed federal lawsuits against the company in January 2016, accusing Disney of conspiring to replace the workers with less costly foreign employees using H-1B visas. The lawsuits were filed in federal court in the Middle District of Florida by Leo Perrero and Dena Moore, who were among 250 Disney tech workers laid off in October 2014. The lawsuits seek class-action status.

Separately, more than twenty of the laid-off Disney workers have also filed complaints with the Equal Opportunity Employment Commission (EEOC). Those complaints remain under EEOC review. The complaints allege employment discrimination by Disney based on nationality, race and age. The incident at Disney also launched another round of contentious debates about the use – and some would charge, the abuse – of H-1B visas. For international workers with a college degree and specialized skills in the STEM fields (science, technology, engineering, and math), the H-1B is a temporary, nonimmigrant visa that is good for three years and renewable for a second three years.

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WHY THE CONTROVERSY?

Two competing, conflicting narratives confuse the H-1B visa debate and to some extent the entire question of immigration in the United States. One narrative tells us that immigrants are taking jobs from U.S. workers, and it emphasizes stories like the incidents at Molina and Disney. The other narrative says that attracting talented workers in science, math, engineering, and technology is essential for U.S. economic success and growth in the years ahead. Currently, Congress caps the number of available H-1B visas at 65,000 a year (and another 20,000 for post-graduate degree-holders in STEM fields). Google’s Eric Schmidt, Facebook’s Mark Zuckerberg, and Microsoft’s Bill Gates are all strong advocates of increasing the number of available H-1B visas as a means of increasing U.S. technical and commercial ingenuity and strength.

The question many are asking about H-1B visas is simply this: Do international workers in the H-1B visa program fill a genuine gap in the labor force, or is the H-1B program being abused by some U.S. corporations simply as a way to save a few dollars at the expense of U.S. workers? Even the most expert economic researchers disagree. A report by the Economic Policy Institute alleges that some U.S. companies exploit the H-1B program merely to cut their labor costs. The Brookings Institution, however, has figures showing that the international workers who hold H-1B visas are actually making more than their comparably-talented American counterparts in similar positions. The H-1B visa program was designed so that U.S. companies could fill gaps in the work force with specialized employees they cannot find in the United States, but some companies apparently try to take advantage of the H-1B program’s technicalities and loopholes.

In fact, one corporation has already been fined for engaging in visa fraud. Infosys paid the government a $34 million penalty in 2013. Exploiting the H-1B visa program to boost the corporate bottom line is something we can all understand, but that is not what H-1B visas are for, and the government is now taking measures to ensure that the program remains fair to U.S.-based workers like those laid off by Disney and Molina. A large number of workers flooding into the United States and displacing U.S.-based workers is not what Congress intended when the H-1B visa program was established, so in 2015, the Department of Labor announced that it is beefing up its enforcement efforts and will be investigating companies that may be taking unfair advantage of the H-1B visa program.

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WHO GETS THE VISAS?

Where do H-1B visas actually go? One-fifth of all H-1B petitions approved in 2012 went to just four companies: Cognizant Technology Solutions, Tata Consultancy Services, Infosys, and Wipro. The latter three are among India’s biggest outsourcing giants. Cognizant, based in New Jersey, emerged out of a partnership between Dun & Bradstreet and an Indian firm. Many U.S. companies – Walmart and 7-Eleven, for example – hire these outsourcing firms for their IT needs. When Molina Healthcare fired its IT staff, for example, it did not apply to the government for H-1B workers to replace them. Instead, Molina got its new employees through Cognizant. And Infosys isn’t the only outsourcing company that has been investigated and targeted for legal action. In 2013, Tata Consultancy Services paid $29 million to settle a class-action lawsuit brought by Indian workers who were being forced by the company to hand over their U.S. income tax refunds.

Of course, when the H-1B visa program was invented by Congress back in 1990, no one thought that Indian outsourcing firms would be the biggest participants and beneficiaries. Does any of this mean that a typical small or midsize U.S.-based business cannot benefit from the H-1B visa program? Not at all. Even with the annual visa cap still set at 65,000, the government is working harder now than ever to ensure that the awarding of visas is conducted fairly and that no U.S.-based employer has an advantage over any other employer in the H-1B competition. Employers across the nation are already preparing for this year’s April 1 filing date, but if you haven’t started preparing, it’s probably too late to begin for this year, although it’s never too early to start preparing for next year’s H-1B filing period. The qualifications for H-1B visas are quite strict, and as you already know, the demand far exceeds the supply for these visas.

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WHERE CAN EMPLOYERS FIND HELP?

If you are an employer in the United States, a good immigration lawyer can help your company meet all of the requirements for obtaining H-1B visas, provide you with precise, comprehensive information, and help you avoid the mistakes and misunderstandings that keep many employers from obtaining the H-1B visas they need. In other words, an experienced immigration attorney can put employers in the best possible position to obtain H-1B visas and can probably also help employers identify appropriate visa alternatives to the H-1B. Employers who need H-1B visas should arrange to speak at once with an experienced Ohio immigration attorney.

Work authorization through the H-1B program is strictly limited to employment offered by a sponsoring U.S.-based employer. H-1B regulations do not compel a visa holder to remain with the sponsoring employer for a specific length of time, provided that a new qualifying employer agrees to sponsor the employee for another H-1B visa. And while a handful of companies still receive quite a large number of H-1B visas, there’s nothing preventing your company from obtaining H-1B visas if the other immigration and employment requirements are met.

U.S.-based companies applying for H-1B visas must prove they are “real” companies by showing the government documents like tax returns, a tax ID number, or financial statements. An H-1B visa petition will be rejected without adequate accompanying documentation. The application may also be denied if the job that’s being offered is not a “specialty” occupation. A good immigration lawyer can tell employers exactly what will be required.

Ohio immigration attorney

U.S.-based companies that hire foreign national employees with H-1B visas should understand from the start that they will have to comply with scores of sometimes confusing immigration laws and related employment regulations. Several federal government agencies may inspect and scrutinize your records and operations to verify your compliance. Investigations of employers are routine, and those investigations may be initiated by USCIS or by the U.S. Department of Labor, U.S. Immigration and Customs Enforcement, or the U.S. State Department.

Admittedly, U.S. immigration laws are antiquated, exceedingly complicated, and sometimes just plain impossible to understand. If you are a U.S. employer who is interested in hiring temporary international workers, obtain the legal help you need right away from an experienced Ohio immigration attorney. You may not make this year’s April 1 H-1B deadline, but you can prepare for next year and learn about your other options and the alternatives to the H-1B visa. Employers, hiring managers, and international workers may speak to an experienced Ohio immigration attorney by phone or by e-mail to have your questions answered or to begin the complicated visa petition process.

April 1 For H-1B Petitions

It’s a deadline that’s approaching fast. U.S. Citizenship and Immigration Services (USCIS) receives H-1B visa petitions each year beginning on April 1, and with only 65,000 H-1B visas available, April 1 is the date that those applications must be received by USCIS. Across the U.S., employers are right now determining their H-1B needs for fiscal 2017 and retaining immigration lawyers to ensure that their H-1B visa petitions are on deadline, accurate, and complete.

By using H-1B visas, many employers based in the United States hire international workers for “specialty occupations” that require highly specialized knowledge. The Immigration and Nationality Act of 1965 defines a “specialty occupation” as work requiring specialized knowledge and a bachelor’s degree – or its equivalent – or a postgraduate degree. International workers who may qualify for H-1B visas include but are not limited to engineers, programmers, mathematicians, and research scientists in fields such as robotics and biotechnology. The demand for qualified employees in those fields far exceeds the number of available H-1B visas, so when U.S.-based businesses apply for H-1B visas, they need the advice, insights, and services that only an experienced immigration attorney can offer.

HIGH DEMAND, FIERCE COMPETITION

For the employers who need H-1B visas – and for those who want to learn about H-1B visas – the first thing to know is that the competition for these visas is fierce. For more than a decade, the annual cap on H-1B visas has been 65,000, while another 20,000 H-1B visas are set aside for use exclusively by workers with postgraduate degrees earned from U.S. colleges and universities. Because the demand for H-1B visas surpasses the supply by more than a 3-to-1 ratio, USCIS has now put a “lottery” system in place for the distribution of H-1B visas. In 2015, 233,000 H-1B visa applications were received by USCIS in the first week of April. The deadline for 2016 is looming, so U.S. employers and their immigration attorneys need to begin preparing H-1B visa petitions and gathering the other necessary documents as quickly as possible.

The truth is that H-1B visas are tough – but not impossible – for companies to acquire. U.S.-based employers should engage an experienced immigration attorney to help your company meet the necessary deadlines, to provide precise and comprehensive information, and to help you avoid the errors, missteps, and confusion that keep too many businesses from obtaining the H-1B visas they genuinely need. In other words, an experienced immigration attorney can help position you for the approval of your H-1B visa applications, and if your petition is not chosen in the H-1B lottery, your immigration lawyer can help you find other acceptable visa options. With April 1 approaching, employers from anywhere in the U.S. can and should arrange at once to consult with an experienced Ohio immigration lawyer.

H-1B visas are provided only to international employees through sponsoring U.S.-based employers. If all other criteria are satisfied, an H-1B work visa is in effect for three years and may be renewed for a second three-year period. Visa holders are not obligated to remain with their first sponsoring employer for the entire three or six years, so long as a new, qualifying U.S. employer sponsors the worker as an H-1B employee.

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WHICH COMPANIES? WHICH WORKERS?

Employers should not make the mistake of thinking that H-1B visas only go to companies like Facebook, Google, and Microsoft. Businesses in all parts of the United States apply for and obtain H-1B visas every year. H-1B visa holders enrich not only their neighborhoods but also the nation as a whole by helping businesses create more prospects for new jobs, growth, innovation, and prosperity. International workers who are chosen to receive H-1B visas in April will have those visas in hand in October for the beginning of fiscal 2017. Right now, employers need to determine which international employment candidates are in need of H-1B sponsorship. Some job candidates may be working already in the United States with temporary work visas. Workers who may require H-1B sponsorship include:

  • Recent international graduates and current international students in Curriculum Practical Training (CPT) or Optional Practical Training (OPT) who will require employer sponsorship when the OPT or CPT expires
  • Those already holding H-1B visas and working for a cap-exempt employer (a college, a university, a non-profit, or a governmental research agency) who seek work with a cap-subject employer
  • Candidates with other nonimmigrant work visas who require a change to H-1B status

When an H-1B worker leaves a sponsored position or is terminated, the sponsoring business must notify USCIS as quickly as possible to have the H-1B petition canceled, because the business must pay the worker’s wages while the petition remains in effect. If the employer fires the sponsored employee, the employer must pay for transportation back to the employee’s last place of residence outside of the United States. Sponsoring businesses are not obligated for the return costs for an H-1B employee’s accompanying family members.

ABOUT DISCRIMINATION

U.S. companies hiring international workers must avoid accusations of discrimination. The advice and insights of a good immigration lawyer can help businesses avoid any discrimination allegations. Employers also face possible liability if they show any discriminatory favoritism regarding pay decisions, layoffs, promotions, benefits, or disciplinary actions. The Immigration and Nationality Act forbids discrimination by companies with more than four employees, and the 1964 Civil Rights Act outlaws discrimination based on national origin by businesses with fifteen or more employees.

Employers need to be fully prepared with the help of a good Ohio immigration lawyer when they petition USCIS for H-1B visas. Inadequate documentation will lead to the automatic denial of the visa petition. An H-1B application may be rejected if the sponsoring company does not appear to be a legitimate, real, active U.S.-based business with the ability to hire and compensate an H-1B employee. Employers must present tax returns, financial statements, tax identification numbers, and sometimes more. An H-1B petition may also be denied if the employment offered does not meet the definition of a “specialty occupation.”

Petitioning for any visa is an extremely complicated procedure. For H-1B visas, sponsoring employers must provide a precisely-detailed description of the employment being offered and the work location. If the visa application says that the employee will work at a client’s location, USCIS will want to determine if the employee will actually be working for the sponsoring company – or actually for that company’s client. The sponsor may be asked to produce a contract agreement and/or other evidence that only the sponsor will be the actual employer of an employee working at a client’s job site. Lack of documentation or specificity can result in the quick denial of a visa petition. However, an experienced immigration attorney knows exactly what information and documents will be needed.

H-4 VISAS FOR DEPENDENTS

In most cases, international workers approved for H-1B visas may bring their spouses and dependent children to the United States. Provided they meet all other immigration requirements, spouses and dependent children of H-1B visa holders qualify for H-4 visas to accompany an H-1B employee to the U.S. Since 2015, some H-4 spouses of H-1B visa holders seeking lawful permanent resident status now qualify for work authorization in the United States. Eligible spouses must file Form I-765 (the Application for Employment Authorization) to acquire the Employment Authorization Document (or “EAD,” Form I-766). Upon obtaining an EAD, an H-4 spouse may accept employment in the U.S.

U.S. businesses that employ international workers should know from the start that they must comply with an assortment federal (and sometimes also state and local) immigration and employment laws, rules, and regulations. Several government agencies will have the right to examine your employment files, your job site or sites, and in fact your entire business operation to check on your compliance. USCIS, the Department of Labor, Immigration and Customs Enforcement (or “ICE”), and the U.S. State Department regularly conduct employer compliance investigations. The government is serious about enforcement, so let an experienced immigration lawyer confirm that your own business is compliant or show you what needs to be changed.

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THE HELP EMPLOYERS NEED

If an employer is cited or investigated for non-compliance, a good immigration attorney can recommend the best legal strategy and the changes necessary to avoid further trouble in the future. If your company is investigated, cited, or currently appealing an unfavorable ruling or finding from a court or a government agency, your company will require the knowledge and services of a savvy and experienced immigration lawyer.

In the United States, no field of law is more complicated or confusing than immigration law. Moreover, immigration regulations and laws are constantly changing and evolving, so employers will want to place their immigration needs and concerns in the hands of an attorney who focuses exclusively on immigration matters. If you own, manage, or do the hiring for a U.S.-based company that hires international workers, you can obtain help right away from an experienced Ohio immigration attorney. Owners, hiring managers, and international workers themselves can contact an experienced immigration lawyer to have your immigration concerns addressed, your visa questions answered, or to initiate the H-1B visa application procedure. Do not wait. The April 1 H-1B deadline is almost here, so start preparing – and make the call – as quickly as possible.

If You Hire International Workers

Ohio immigration lawyerEach year, U.S. businesses submit their applications for the 65.000 visas for highly-skilled international workers that are made available each April 1. This year, the demand for H-1B authorization surpassed the 65,000 mark within a week. The 20,000 H-1B visas reserved for advanced degree holders have also been allotted. For U.S-based businesses that still need highly-skilled international workers, you can have help with visa applications, I-9 compliance, and other immigration matters by obtaining the advice and services of an experienced, Columbus-based Ohio immigration lawyer. A good immigration attorney can help you prepare now to apply for H-1B visas for next year. It’s not too early to get started. Many employers may also have a number of visa alternatives available to them; an emigration attorney can explain those alternatives and help employers consider their options.

Plainly, there simply are not enough H-1B authorization being issued to meet the needs of American businesses, so acquiring an H-1B visa cannot be guaranteed to any particular employer. A good immigration attorney can ensure that your visa petitions are accurate and complete, on deadline, and qualified for approval. Alternatives to the H-1B include but are not limited to:

  • E-1 or E-2 visas for investors or traders from certain countries
  • L-1 visas for intracompany transfers
  • O-1 visas for individuals of “extraordinary ability”
  • H-3 visas for individuals participating in a structured training program
  • TN visas for Mexican and Canadian professionals, the E-3 for Australian nationals, or the H-1B1 for nationals of Chile or Singapore

When an employer has international workers on the job, a variety of complicated laws, rules, and regulations apply. If your business employs highly-skilled immigrant workers, have the counsel of an experienced immigration attorney who knows the system and regularly helps employers to acquire the right authorization and stay in compliance with immigration laws. Don’t wait. Protect yourself and your company, and contact an experienced, Columbus-based Ohio immigration lawyer promptly.

Not How The Law Should Work

Columbus immigration attorneyThe story of Florida ophthalmologist Ashish Sanon, born in India and trained in Canada, illustrates almost everything that’s wrong with the current immigration system. A respected and otherwise law-abiding eye surgeon, Sanon now finds himself in federal court charged with visa fraud, which could be followed by a deportation battle. If you are having any immigration problems in Michigan or Ohio, get legal help at once by speaking to an experienced Columbus immigration attorney. If someone like Dr. Sanon can get into this kind of legal trouble this easily, it can happen to anyone.

Sanon, a naturalized citizen of Canada, has remained in the U.S. since 1998 by consistently renewing temporary visas granted under the North American Free Trade Agreement to doctors from Canada or Mexico who teach or do research. However, authorities now say Sanon went too far, operating a full medical practice as a self-employed doctor for more than a decade. In the past five years, according to the Tampa Bay Times, Sanon billed $5 million, enough to keep up homes on both glittery Clearwater Beach and at the prestigious Black Diamond Ranch golf community. Sanon’s attorney said the charge is the only negative mark against a man with good character who paid taxes on what he earned. “He’s ridiculously embarrassed about this,” the attorney said to the Times.

President Obama has promised that some immigration reforms will be forthcoming before the end of the year; certainly, it should be easier for people like Dr. Sanon to work, pay taxes, and serve their communities here in the United States. Reliable, trustworthy legal help is available to every immigrant, but you must take the first step and make the call. In the states of Michigan and Ohio, if you are a documented or undocumented immigrant and you need legal help with any immigration matter, or if you’re an employer with concerns about how immigration regulations impact your business, get legal help and speak promptly to an experienced Columbus immigration attorney.

H-1B Visas And Taxes

Columbus immigration attorneyH-1B visa holders are taxed on their income in one of two ways. Those categorized as “non-resident aliens” are taxed only on the income they earn in the United States, while those categorized as “resident aliens” are taxed on income earned both in the U.S. and elsewhere. A non-resident alien must complete tax form 1040NR or 1040NR-EZ and may claim a benefit only if a tax treaty exists between the U.S. and the visa holder’s nation of origin. When a visa holder is for all practical purposes a resident, the authorization holder’s income is taxed like any other worker’s, and the visa holder may use Form 1040 and the necessary schedules. If you’re an H-1B visa holder in Michigan or Ohio with any questions or concerns regarding your visa or your employment in the U.S., speak at once with an experienced Columbus immigration attorney.

If married, the H-1B visa holder’s spouse must include an Individual Taxpayer Identification Number or Social Security number on a joint tax return, regardless of the spouse’s own authorization status. Along with being required to pay state and federal taxes, H-1B visa holders must pay Social Security and Medicare, and they also qualify for Social Security benefits. Don’t hesitate to consult with a professional tax preparer regarding your own tax situation.

However, if you are a foreign worker in the U.S. with any concerns or questions regarding your status, or if you are a U.S.-based employer with any concerns or questions regarding foreign workers or visa sponsorships, you should speak to an experienced immigration attorney. Should you need legal representation regarding any immigration-related issue, an experienced immigration attorney will defend your rights and fight for the best possible resolution of your case. In Michigan or Ohio, if you are dealing with any immigration-related legal issue, consult right away with an experienced Columbus immigration attorney.