The Immigration System Itself Is Why You Need an Attorney
Categories Immigration and Customs Enforcement

The Immigration System Itself Is Why You Need an Attorney

We immigration attorneys practice law on behalf of immigrants, their families, and companies hoping to employ them stateside. We work within a system that can be difficult to navigate and even harder to understand. The system itself is why we say you need a business immigration attorney if you are hoping to bring foreign nationals here to work.

It is not our job to judge the U.S. immigration system as being right or wrong from a moral or ethical standpoint. The law is what it is. But we can say that satisfying immigration law is time-consuming. It involves a tremendous amount of paperwork that needs to be completed and submitted correctly. Immigration law is governed by a lot of rules and regulations, some of which are so mundane that they are easy to miss.

A Buffet of Visa Options

One of the first issues foreign nationals run in to when considering immigration for work purposes is figuring out what type of visa to apply for. Needless to say that our system allows for a veritable buffet of options. We have dozens of different visas all defined by their own criteria. How does a worker know which one is most appropriate?

One of the visas we specialize in is the H-1B work visa. It is for skilled laborers in very specific industries. Qualifying for an H-1B is not easy. And even if a worker does qualify, H-1B visas are limited in number and offered on a lottery basis. Qualifying does not guarantee approval.

Unfortunately, even being considered for an H-1B is impossible if paperwork is not completed correctly and submitted on time. It is not difficult for someone who doesn’t understand the system to fall behind and eventually find himself with his back against the wall as the deadline approaches.

A System-Wide Problem

We do not want to give the impression that the only challenge in U.S. immigration is applying for a visa. Indeed, the time-consuming and complex nature of the immigration process is a system-wide problem. Even foreign nationals attempting to seek asylum in the U.S. can struggle.

Take the case of a Nicaraguan immigrant profiled a few months ago by NBC News. He was exiled to the U.S. for political reasons. He is now seeking political asylum in this country. He has already been here five years and his case has stalled.

It is not that the man has done anything wrong. He hasn’t. It’s just that the system has been overwhelmed by backlogs. There are so many people needing help and far too few resources and personnel to help them. Meanwhile, this individual must continue maintaining records of his past to support his case when it is eventually heard.

It is Okay to Need Help

We mention all of this to say that it is okay to need help. Business immigration is not easy. It is certainly not simple. If your company is hoping to bring workers into the U.S. from other countries, your best bet for navigating the system as easily and efficiently as possible is to work with a business immigration attorney.

Business immigration is our specialty here at Graham Adair. We work with clients to get paperwork completed and submitted. We educate foreign nationals about the visa process. We can even help prepare them for their immigration exams.

We cannot make the process any simpler for you. However, we can work alongside you to help you do everything by the book. Needless to say that our system is difficult to work. But that is why you need an immigration attorney.

Categories Department of Labor Department of State Immigration and Customs Enforcement News & Updates USCIS

How Would A Government Shutdown Impact Employment-based Immigration?

As of today, September 25, 2023, Congress has not agreed to the temporary spending measures needed to fund the U.S. government after the current fiscal year ends on September 30, 2023. If no agreement is reached by Saturday, key government agencies will be forced to shut down. Below is a list of the U.S. government agencies linked to business immigration and the impact a potential government shutdown will have on these agencies:

United States Citizenship and Immigration Services (USCIS)

USCIS is a fee-based agency, so its operations will mostly proceed as usual. E-Verify will be unavailable during the shutdown and employers may use the new remote Form I-9 document verification as an alternative.

Department of Labor

The Department of Labor’s Office of Foreign Labor Certification will disable the FLAG system and not process PERM labor certification applications, prevailing wage determination requests, and labor condition applications (LCAs) during the government shutdown. If you anticipate the need to any H-1B, E-3, or H-1B1 nonimmigrant petition filings soon, you may want to speak with your immigration counsel to see if you can submit LCAs for those cases this week. It will also be prudent to file any PERMs or prevailing wage determination requests that can be prepped this week as well.

Department of State

The Department of State is partially fee-funded, and passport issuance and visa processing should continue at the start of the shutdown. However, a prolonged shutdown could limit consular activities to emergency services at certain posts due to insufficient funding. If you have upcoming travel plans to the U.S. that require a visa, please speak with your immigration counsel on how those plans might be impacted by a potential government shutdown.

Customs and Border Protection (CBP)

CBP will remain open because its employees are essential personnel. However, travelers may experience application processing delays at the border. If you have upcoming travel plans to the U.S. that require applying at the border, please speak with your immigration counsel on how those plans might be impacted by a potential government shutdown.

Social Security Administration (SSA)

The SSA has stated that it will continue to issue new social security cards and numbers in the event of a government shutdown. But thousands of SSA employees will be furloughed during the shutdown, and that can potentially cause significant delays with card and number issuance.

Please contact us with any questions at info@grahamadair.com.

The United States' Top 4 Employment Visas Explained
Categories Immigration and Customs Enforcement

The United States’ Top 4 Employment Visa Categories Explained

The United States offers literally dozens of visas through which people can legally enter the country. There are visas for tourists and workers. There are visas for children and the spouses of foreign-born workers with jobs here in the United States. Needless to say, attorneys can be a tremendous help to immigrants who don’t quite know which one to apply for.

Given that work visas are so popular, we thought it might be helpful to discuss the top four categories of work visas through which most foreign-born workers come here. As you read about them, bear in mind that Graham Adair is a business immigration law firm. We are here to help you do things right, as an employer or worker.

Category #1: Temporary Non-Immigrant Workers

The first group of work visas applies to non-immigrant workers who plan to be in the U.S. for a limited amount of time. They might be here to work for a few years before returning home.

The H-1B is perhaps the most well-known visa in this category. Although we deal with all sorts of business immigration law here at Graham Adair, certain members of our team are specialized H-1B visa attorneys. At any rate, the H-1B is designed for professionals with certain academic credentials or work expertise their employers need.

Other visas in this category include the L, O, TN, E-3, P and R visas. Also included are several EAD categories, E-1/E-2, H-2A, H-2B, H-3 visas.

Category #2: Permanent Immigrant Workers

Next up are visas designed for permanent immigrant workers. These are workers who come to the U.S. with the expectation that they will stay here permanently or, in other words, immigrate and become lawful permanent residents. Visas in this category include:

  • First preference EB-1
  • Second preference EB-2
  • Third preference EB-3
  • Fourth preference EB-4
  • Fifth preference EB-5

These are categories based on a person’s accomplishments and background. Most will fall under EB-1, EB-2, or EB-3. 

Category #3: Student and Exchange Visitors

Workers coming to the U.S. as either students or exchange program participants are part of this third category. The F-1 is designed for students enrolled at accredited institutions and maintaining a consistent course of study. F-1 students are not allowed to work off campus during their first year.

Meanwhile, M and J visas are additional options for students and exchange program participants. The M visa is primarily for vocational students while the J visa is for students enrolled in work-study programs.

Category #4: Temporary Business Visitors

The fourth and final work visa category applies to temporary business visitors. They are issued to workers who come to the U.S. on a short-term basis and for explicit reasons. Possibilities include attending a trade show, negotiating a contract, providing company training, and meeting with peers.

There are only three visas in this category, the B-1 being the first of them. A worker visiting the U.S. for no more than six months can apply for the B-1. The worker must state the amount of time they need to complete business here. An approved application results in a visa with that time limit.

Rounding out the category are the GB and WB visas. Workers needing to visit Guam and other U.S. territories can apply for the GB visa which allows legal entry for up to 45 days. The WB is a waiver visa for visitors from 39 designated countries, also commonly known as ESTA. It allows them to be in the U.S. for up to 90 days.

With so many work visas to choose from, it is important that foreign workers hoping to come here get it right. Making the right choice avoids a lot of headaches during the application and approval process.

business immigration lawyers
Categories Immigration and Customs Enforcement News & Updates

Business Immigration: Has America Outgrown Its Talent Pool?

As a law firm with a team of highly experienced immigration attorneys specializing in business immigration, we are fully aware of the need for so many industries across the country to bring in new talent from wherever they can find it. In some industries, like the tech industry, the best companies in the business would not be nearly as successful without immigrants.

A recent post published on the Harvard Business School (HBS) website discusses pretty much the same topic but floats the following suggestion: America has outgrown its talent pool. It is an interesting supposition in light of annual immigration statistics and what we know about the current labor rate.

Not Enough Job Candidates

In a tight labor market, there simply aren’t enough qualified candidates for all the open jobs. According to HBS contributor James Heskett, there are approximately 4 million unfilled jobs in the U.S. at this time. Meanwhile, the unemployment rate in October 2022 was 3.7%.

No doubt unemployment has been worse at times. It was much worse at the height of the COVID pandemic. So 3.7% is nothing to get worked up about. But here’s the thing: the 3.7% of U.S. workers who are employable but can’t get a job find themselves in the unenviable position of wanting to work but not having the skills or experience to land one of the available positions.

The numbers alone suggest that Heskett’s point of the U.S. outgrowing its talent pool is at least plausible. And that being the case, where should a company short on talent go to fill out its payroll? Business immigration.

Immigration Is a Mess

Heskett also points out in his piece that current U.S. immigration policy is a mess. He suggests there are times when it’s hard to know what the policy actually is. Southern border issues aside, any one of our immigration attorneys can testify to how difficult it is to get immigrants to this country so they can actually start working.

Whether a worker needs an H-1B visa or something else entirely, there is a ton of paperwork that needs to be done. There are deadlines to be met. There are hoops to jump through and no guarantee that a visa will be issued.

It can be frustrating because it sometimes seems like the deck is stacked against foreign-born workers committed to coming to this country only after following every rule in the book.

Businesses Need Immigration

A central theme of Heskett’s piece is that American businesses need immigration. He likened the current situation to circumstances that existed right around the turn of the 20th century. Industrializing America was in desperate need of workers, yet our own population could not supply the demand. Thank goodness for waves of immigrants who came here and brought their skills and willingness to work with them.

It is hard to deny that U.S. immigration policy is in need of reform. It’s hard to deny that there are plenty of people who enter the country illegally. It is even hard to argue against the fact that immigration has become a political hot button. But from a business owner’s standpoint, foreign-born workers represent a section of the labor pool that is not being tapped to its fullest potential.

Has America outgrown its talent pool? It looks like we could be heading that direction. If we are to keep our economy strong enough to be able to compete with the rest of the world, we need to have people to fill all those vacant positions. Finding a way to reform business immigration may be the best solution.

Categories Department of State Immigration and Customs Enforcement News & Updates

Current COVID-related Guidance on Travel to and From the United States

With the constantly changing landscape around COVID-related travel restrictions, is it important to find updated information prior to any international travel. As of right now, our current guidance is as follows:

Before Departing the U.S.

It is recommended to be fully aware of the COVID-19 requirements at your destination as they may differ from U.S. requirements. You can find country-specific guidance on the CDC website. Failing to follow your destination’s requirements can result in denial of entry.

Per CDC guidance, you should refrain from traveling if you have COVID-19 symptoms, you tested positive for COVID-19, you are waiting for results of a COVID-19 test or you had close contact with a person with COVID-19 and are recommended to quarantine.

Vaccination Requirements to Enter the U.S.

As of June 12, 2022, the CDC is no longer requiring air passengers traveling from a foreign country into the U.S. to show a negative COVID-19 test or documentation of recovery from COVID-19.

U.S. citizens, Legal Permanent Residents and Nonimmigrants flying into the U.S. will be required to provide contact information to their airline before boarding a flight to the United States.

Nonimmigrants entering the U.S. through air, land or ferry must be fully vaccinated, with limited exceptions. A person is considered fully vaccinated:

  • 2 week (14 days) after an accepted single-dose vaccine
  • 2 weeks (14 days) after second-dose of an accepted 2-dose vaccine
  • 2 weeks (14 days) after receiving the full series of an accepted COVID-19 vaccine in a clinical trial
  • 2 weeks (14 days) after receiving 2 doses of any “mix and match” combination of accepted COVID-19 vaccines administered at least 17 days apart

Accepted COVID-19 vaccines include the following:

  • Single dose: Janssen/J&J and Convidecia (CanSinoBIO)
  • 2-dose series: Comirnaty (Pfizer-BioNTech); Spikevax (Moderna); Vaxzevria (AstraZeneca); Covaxin; Covishield; BIBP/Sinopharm; CoronaVac (Sinovac); Nuvaxovid (Novavax); Covovax; and Medicago (clinical trial vaccine)

Accepted proof of COVID-19 vaccination must have personal identifiers (full name plus another identifier such as date of birth or passport number), name the official source who issued the record and list the vaccine manufacturer and date(s) of vaccination. Accepted proof of COVID-19 vaccination includes the following:

  • Verifiable records (digital or paper): vaccination certificate with QR code or digital pass via Smartphone application with QR code
  • Non-verifiable paper records: printout of COVID-19 vaccination record or COVID-19 vaccination certificate issued at a national or subnational level or by an authorized vaccine provider
  • Non-verifiable digital records: Digital photos of vaccination card or record, downloaded vaccine record or vaccination certificate from official source

In order to expedite the inspection process, the Department of Homeland Security is encouraging travelers arriving or departing the U.S. to use Simplified Arrival or Mobile Passport Control, which can make the inspection process touchless and more expedient with the use of facial comparison technology.

Please contact your Graham Adair attorney with specific travel questions, or contact us at info@grahamadair.com; +1 408 715 7067.

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