Thứ Sáu, 24 tháng 6, 2011

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  • Blog Feeds
    05-22 01:10 PM
    Last week we became members of Global Alliance of Hospitality Attorneys (http://www.hospitalitylawyer.com/index.php?id=47), this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

    Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

    E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)

    This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

    An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

    The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

    H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)

    Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

    Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

    Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

    J1 Visa

    For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

    This type of J-1 classification is valid for four months and allows the students to assist
    companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.

    The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

    H3 Visa

    The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

    An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

    Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

    TN Visa

    NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

    The Conditions for Professionals from Mexico and Canada to Work in the United States

    * Applicant should be a citizen of Canada or Mexico;
    * Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications of the profession

    Requirements for Canadian Citizens

    Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

    L1 Visa

    L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

    The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.

    Requirements

    A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

    H1B visa

    Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

    A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

    Specialty occupation is defined as an occupation, which requires:

    * Theoretical and practical application of a body of highly specialized knowledge, and
    * Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

    A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

    We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

    The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.







    More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)




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  • a_yaja
    09-13 03:14 PM
    Hi pd052009,
    Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
    Thanks.

    To give you an example, consider the following:

    1. From employer A, your EB2 Priority Date is July 7th, 2006 and your country of chargeability is India. Per the Oct. 2010 visa bulletin, your date is not current.
    2. You change employer to employer B who files your PERM on July 17th, 2010 and you get it approved followed by I-140 approval as well (premium processing)
    3. PD from second employer's EB2 GC process is July 17th, 2010 - but due to earlier approved I-140 you are able to port your PD and hence the PD on your second I-140 approval is July 7th, 2006 (assuming that the attorney asked for porting of PD).
    4. From both your approved I-140 - your priority date is still July 7th, 2006. However, from Oct. 2010 visa bulletin, cut off date is May 8th, 2006. So your date is still not current. For your date to be current, the cut-off date has to be July 8th, 2010 or later.

    Hope this helps.




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  • ivorycard
    10-18 01:25 AM
    Do you mean the first two digits of these two job codes:
    13-2011.02 and 13-2011.01

    So as per this law form, since they both start with a 13 we are good?

    -R
    Yes. That’s correct. You may switch job titles to any category starting from main category 13.

    For peace of mind; my best advice to you is to reconfirm with an immigration Attorney. (You may try to post this question on any free chat sessions offered by leading immigration law firm/s).

    Good Luck.




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  • malibuguy007
    10-02 05:51 PM
    Just joined SC chapter on Yahoo Groups



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  • kgwithnogc
    05-08 01:48 PM
    One of China'a growth/export strategy is (and was) always to attract Chineese enterprenuers who settled in the west, so that they can bring technology and market(links).
    Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
    US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.

    That is why it is called "Mother Land".

    But in this story it looks like the locals are a little bit suspicious of returnees.

    "Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(




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  • smartboy75
    08-10 05:19 PM
    Moderators Ban this jackA** for wasting everybodys time....If it is a typo he better correct it...if not BAN him for causing unnecessary confusion and being such a reckless member



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  • apb
    09-11 03:05 PM
    I saw two soft LUDs on Sep/9 and 10th after I opened a SR on Sep/4th.
    Still waiting. Anybody had similar experience?




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  • RedHat
    08-30 05:01 PM
    What is Sub-Labor?
    I field my GC thru Very good company.

    I am not understanding why its happend



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  • forgerator
    10-22 04:43 PM
    For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown)


    Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.

    I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.

    And yes I'm from Pakistan :)




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  • gsc999
    07-08 10:48 PM
    It may be counterproductive to get Indian government involved, as has been pointed out by IV before.

    The recent WTO talks failed and US trade rep blamed India and Brazil for the failure. Why wouldn't US use this as a trade negotiation issue with India, instead of solving it as a domestic procedural issue. Once that happens the likes of Lou Doubbs will hijack this issue and make it US vs India.

    - If at all there is a trade issue, it is for H1-B visas. Once you are at AOS stage even that motivation goes away.

    My suggestion is to focus on domestic media and local congresspeople, who can be more helpful.

    Lets try to be part of the community we want to be "permanent immigrant" of, instead of looking towards Indian govt., which can't do much here anyways



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  • morchu
    06-01 04:44 PM
    If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

    USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

    At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

    Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

    Thank you for your immediate reply. I have 2 more questions as below :

    My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

    1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

    3. My families also need to re-enter to USA at the same time ?

    Hopefully, I am able to explain my occurred situation correctly.

    I need your valuable suggestion pls.




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  • leonqiu
    06-14 09:06 PM
    What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.

    looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.

    Status:
    PD: May 2006
    I-140 approved.
    EB-2



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  • insbaby
    05-22 08:00 AM
    Did you ask him to give you this information in writing? :)

    Two years back, in the month of july, they accepted all applications in one month.

    May be they have been working in the past 2 years to print cards for all of them and ready to dispatch this July.

    :D :D :D :D :D :D

    I think, they probably distribute thru the local stores like Walmart, Target and Costco.




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  • Alabaman
    09-05 10:28 PM
    Contact Lou Dobbs and tell him to do a story so he knows what we are going through :)



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  • gccube
    04-08 12:28 PM
    started the papar work with the attorney already.




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  • cmphr
    03-29 02:06 PM
    My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..



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  • lostinbeta
    10-21 02:31 AM
    Damm skippy :beam:

    ::: ok, I suggest we stop spamming now :) :::




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  • seaken75
    07-14 10:47 PM
    USCIS is not required to return your adjustment of status applications within any timeframe. If your number becomes current before you receive your applications back, i suggest that you send in new applications and indicate on the I-485 that you submitted adjustment of status applications in July 2007 and have not yet received any correspondence from USCIS on the case.




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  • KanME
    12-26 12:15 PM
    Thanks for reply... that clears things a little. :)




    zCool
    04-01 05:27 PM
    "Bought" the labor?
    So you broke the LAW..
    And now you want to know how to break it further??
    You are ignorant, and CRIMINAL!
    Not to mention stupid!
    Get the heck outta here..




    Trinity79
    04-08 05:00 PM
    May 2011 Bulletin is out

    Employment- Based Category
    INDIA EB2 July 2006 (from May 2006)
    http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]


    I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.


    For those of you who received the letter from NVC are you EB2?



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