Working in the US: Jobs, Work Visas News https://www.visaplace.com/blog-immigration-law/c/united-states/work-united-states/ Toronto Immigration Lawyers, US & Canadian Visa Services Tue, 27 Jun 2023 16:17:42 +0000 en-US hourly 1 https://www.visaplace.com/wp-content/uploads/2019/12/cropped-favicon-32x32.png Working in the US: Jobs, Work Visas News https://www.visaplace.com/blog-immigration-law/c/united-states/work-united-states/ 32 32 TN Visa for Canadians: Requirements and How to Apply https://www.visaplace.com/blog-immigration-law/tn-visa-for-canadians-requirements-and-how-to-apply/ Wed, 08 Mar 2023 20:30:42 +0000 https://www.visaplace.com/?p=54120 Under the terms of the North American Free Trade Agreement (NAFTA), the TN visa category allows citizens of Canada and Mexico to temporarily work in the United States in a number of designated professions. TN visas for Canadians were introduced as part of the NAFTA agreement, which was signed in 1994. As long as the TN visa holder continues to meet the requirements, the visa may be given for up to three years and renewed forever.

The TN visa program is made to make it easier for professionals to travel between Canada, the US, and Mexico. Engineers, scientists, architects, attorneys, accountants, and management consultants are among the specific list of professions to whom it applies. Visit our TN visa page to see a complete list of the professions that qualify for TN visas is accessible.

What Are the Advantages of a TN Visa for a Canadian?

Getting a TN visa to work in the US has a number of benefits for Canadians:

Simpler and quicker application procedure: Compared to other U.S. work visa categories, such as the H-1B visa, the TN visa application process is often simpler and quicker. There is no need to submit a petition to USCIS or Labor Condition Application (LCA).

Limited requirements: The only prerequisites for TN visa applicants are proof of their qualifications and a work offer from an employer in the United States that falls under the TN visa category. Unlike other U.S. work visas, there is no requirement to demonstrate financial stability or demonstrate ties to Canada.

Entry to certain professions: The TN visa category includes engineers, scientists, architects, lawyers, accountants, and management consultants among a specified list of occupations covered. This indicates that Canadians who pursue careers in these fields will find it simpler to acquire a work visa for the United States.

Extended duration: TN visas can be renewed indefinitely as long as the bearer continues to meet the requirements. They can be awarded for up to three years. As a result, Canadians now have more extensive employment prospects in the US.

Dual intent: Even though those with TN visas are considered non-immigrants, they could be able to apply for other types of work visas or change their status to permanent resident while still in the country. This implies that holders of TN visas will eventually have the option to pursue permanent residency.

No visa caps: There are no annual limits placed on the amount of TN visas that may be given, in contrast to other U.S. work visa categories. This indicates that qualified Canadians who satisfy the requirements can apply for a TN visa without being concerned about visa availability.

Can Canadian Permanent Residents (PR) Get a TN Visa?

No, the TN Visa is only available for citizens of Canada and Mexico. Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals.

How Do I Apply for a TN Visa as a Canadian?

The actions that a citizen of Canada would need to do in order to apply for a TN visa are as follows:

  1. Assess your eligibility: The first stage is to assess your suitability for a TN visa. To make sure your profession is listed, visit the U.S. Citizenship and Immigration Services (USCIS) website’s list of approved professions.
  2. Get a job offer: In order to qualify for a TN visa, you must possess a job offer from a U.S. firm. Make sure the job offer is in writing and contains information like the position’s title, responsibilities, pay, and start date.
  3. Gather documentation: You will need to gather documentation that proves your qualifications, such as diplomas, transcripts, or licenses. Make sure to obtain original or certified copies of your documents.
  4. Prepare the TN visa application: On the website of the U.S. Department of State, complete Form DS-160, the application for a TN visa. A digital photo of yourself must be uploaded together with the non-refundable application fee.
  5. Schedule an interview: After filing your application, you must make an appointment for a meeting at a Canadian U.S. embassy or consulate. Bring all necessary paperwork, such as your employment offer letter and credentials papers, to the interview.
  6. Attend the interview: Show up at the US embassy or consulate interview. The consular official will look over your application and supporting documents and can question you about your credentials and job offer.
  7. Obtain your TN visa: If your application is accepted, a TN visa will be mailed to you for your passport. As long as you remain eligible, the TN visa will be valid for up to three years and may be extended indefinitely.

Applicants for TN visas should be aware that they can also request expedited processing at some U.S. ports of entry or pre-clearance facilities. It is advised to apply for the visa in advance at a U.S. embassy or consulate to prevent any potential holdups or difficulties at the border.

Do You Need Help Applying for a TN Visa to the United States?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we can help.

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Business Plans for US Immigration Live Explained https://www.visaplace.com/blog-immigration-law/business-plans-for-us-immigration-live-explained/ Wed, 22 Feb 2023 19:16:27 +0000 https://www.visaplace.com/?p=54028 Recently, VisaPlace hosted a Facebook Live with Fadi Manawi, a US attorney with VisaPlace Legal, and Marianella Mansour, the Partner and Director of Sales and Marketing at Joorney Business Plans. They discuss the importance of business plans in US business visa applications and the key components that are needed for a successful business plan. Marianella explains that their team communicates with the immigration lawyer throughout the process to ensure the business plan meets the lawyer’s strategy for the case. They also discuss the fees that clients can anticipate for business plans, which can vary depending on the type of visa application.

What Are the Fees for US Business Immigration?

Fadi and Marianella also discuss the fees and turnaround time for obtaining a business plan for immigration purposes. The fees are transparent and listed on the website, with flat fees ranging from $1650 to $4000 depending on the type of Visa (E2, L1 or EB5). The turnaround time is between 7-10 business days for a first draft, with unlimited revisions until the final draft is approved. The company prides itself on quick turnaround times due to its large team of 150 employees and 60 writers. Market analysis is conducted using sources such as Ibis World and Statista, and the information is kept up to date.

What Are the Components for Starting a Business Plan for Each Visa?

There are different components of a business plan for each different type of visa. For an E2 visa, the structure of the business plan is similar to a regular business plan but has specific sections required by immigration. For an L1 visa, the fundamental elements of the business plan are describing the relationship between the parent company and the US company, how the parent company will support the US company during its growth, and arguing that the applicant is an executive abroad and will continue to be an executive in the US. The EB-5 visa business plan is the most comprehensive and needs to demonstrate the potential of the new commercial enterprise to create jobs, show the source of funds, and include very detailed financials.

Joorney is industry agnostic and can do business plans for any industry or business model. The three main things that set Joorney apart from other business plan writing service providers are responsiveness, quality, and customer service. They pride themselves on being the fastest in replying to customers, delivering high-quality plans, and providing excellent customer service.

Is It Necessary to Start the Business Plan During the Visa Process?

Usually, yes. A business plan is usually provided in the initial list of documents required for the application and is considered essential for many Visa applications. Joorney emphasizes the significance of having a well-thought-out business plan and recommends starting the process early. They suggest that their team can provide a quick turnaround time for creating a business plan.

Is Investing In Real Estate Enough to Apply for an E2 Visa?

In order to obtain an E2 Visa, there are three requirements that must be met: a substantial investment, the investment must be at risk, and the business must not be marginal. For real estate investments, it may be difficult to meet these requirements if the investment is only in a single property. However, if the investor has multiple properties or a complex that requires employees to manage, it may be possible to meet the requirements.

Can I Get an E2 Visa for My Consulting Company?

Fadi and Marienella also discuss consulting companies, which can be tricky because they may not require a large initial investment. However, in order to qualify for an E2 Visa, the investment must still be proportional to the nature of the business. They recommend showing a roughly $50,000 investment in a consulting business to meet this requirement. We advise those interested in obtaining an E2 Visa to contact us for help in running through scenarios to see if it is possible to qualify.

Do You Need Help Immigrating to the US with a Business Visa?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we can help.

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US Immigration Changes in 2022: Year in Review https://www.visaplace.com/blog-immigration-law/us-immigration-changes-in-2022-year-in-review/ Wed, 21 Dec 2022 21:19:15 +0000 https://www.visaplace.com/?p=53650 According to US Citizenship and Immigration Services (USCIS), nearly a million immigrant adults were naturalized as American citizens in the fiscal year 2022, the third-highest annual tally in US history.

Naturalizations have reached a 14-year high, a year after President Biden directed federal agencies to promote naturalizations by removing bureaucratic barriers in the citizenship process, expediting case adjudications, and developing a government-wide strategy to boost eligible immigrants to become citizens.

United States Visa Changes and New Visa Programs in 2022

Ukraine Relief in the United States

Ukrainians who would face extreme hardship if forced to return to homelands devastated by armed conflict or natural disasters are eligible for the relief, which is known as Temporary Protected Status.

Learn more about TPS for Ukrainians.

EB-5 Investor Visa Regional Center Program is Back

In March 2022, the Senate approved a reauthorization of the EB-5 Regional Center Program – the EB-5 Reform and Integrity Act of 2022 (“Integrity Act”) as part of the FY 2022 Consolidated Appropriations Bill. The same bill had been passed by the House the night before.

Learn more about the EB-5 Investor Visa program returning.

US Immigration Reaches H-1B Immigration Visa Cap

In March of 2022, the US received enough applications to meet the federally mandated 65,000 H-1B visa ceiling for the fiscal year 2022.

This year, the USCIS was required to hold three visa lotteries in order to reach the mandated quota of 65,000 normal visas and 20,000 master’s visas. The agency had also performed two lotteries the previous year, which was uncommon. After the first round of choices, the USCIS usually gets a sufficient number of applications. Because there were insufficient applicants after the first lottery, the US immigration office held a second random selection in July 2021.

Learn more about the H-1B Visa Cap.

Biden Administration Proposes New ID Card for Migrants

A new national identification card program for unauthorized immigrants has been suggested by the Biden administration. The “ICE Secure Docket Card program” would provide temporary ID cards to border crossers and other undocumented immigrants so they could legally identify themselves while navigating their immigration cases or removal court processes.

Learn more about New ID cards for migrants.

H-2B Visa Cap Update

Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 workers being invited each half of the year. On September 14th, 2022, the USCIS announced that the as of September 12th, 33,000 H-2B visas had already been issued to qualified candidates. Cap-subject H-2B petitions requesting employment start dates prior to April 1, 2023, will now be rejected by USCIS.

Learn more about the H-2B cap update.

Do You Need Help Immigrating to the United States?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1-on-1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Options for H1-B Workers Affected by a Layoff https://www.visaplace.com/blog-immigration-law/options-for-h1-b-workers-affected-by-a-layoff/ Wed, 23 Nov 2022 21:00:33 +0000 https://www.visaplace.com/?p=53335 An unexpected layoff can cause panic in anyone’s life, but when an H-1B worker loses their job, it can be especially daunting. This is because they must leave the country unless they find a new job or change their immigration status within 60 days.

H-1B visa holders may stay in the United States for up to 60 days after their last day of employment in H-1B status. During the 60-day grace period, the H-1B employee may look for a new job and find a new employer sponsor. Within the 60-day grace period, the new employer must file an H-1B change of employer petition. After receiving the H-1B transfer petition from US Citizenship and Immigration Services, the H-1B employee is eligible to begin working for the new employer (USCIS).

What Happens If I Can’t Find a New Job in 60 Days?

Individuals in H-1B status who are unable to find a new job and an employer sponsor within the 60-day grace period must leave the United States before the grace period expires. If this is not possible and the H-1B worker requires additional time to settle in the United States, they may change their status.

How Do I Change My H1-B Status?

If finding a job in the 60 days is not possible and the H-1B worker requires additional time to settle in the United States, they may file a Form I-539 application to change status from H-1B to B-2 visitor status for up to 6 months.

There are also other nonimmigrant statuses that an H1-B visa holder may qualify to apply for. These include an H-4 status as the spouse of an H-1B visa holder or an O-1 status as an individual with extraordinary ability.

When Should I File to Change My Status?

Any application for a change of status must be submitted before the end of the 60-day grace period. We advise against international travel following a layoff and during the grace period because it may jeopardize eligibility to transfer H-1B status to another employer. We also advise keeping pay stubs and requesting an employment verification letter as proof of the last day of H-1B employment.

Is It Possible to Immigrate to Canada as an H-1b Holder?

Yes! H1-B workers in the United States have a fantastic opportunity to immigrate to Canada via Express Entry, which is heavily weighted toward favoring young, educated, and ambitious workers with proven potential to succeed in their field.

Do You Need Help Changing Your H1-B Status?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1-on-1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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H-2B Visa Mid-Year Cap Update: FY2023 https://www.visaplace.com/blog-immigration-law/h-2b-visa-mid-year-cap-update-fy2023/ Mon, 17 Oct 2022 18:51:31 +0000 https://www.visaplace.com/?p=52665 The H-2B visa program for seasonal workers has invited thousands of temporary workers to the United States each year since 1952 and continues to this day! The H-2B visa was created to help fill short-term labor shortages in the US within specific non-agricultural occupations during busy seasons. A few occupations you could see being qualified for the H-2B visa include ski resort workers, construction laborers, business trainers, athletes, entertainers, plus more.

H-2B Visa Cap Count

Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 workers being invited each half of the year. On September 14th, 2022, the USCIS announced that the as of September 12th, 33,000 H-2B visas had already been issued to qualified candidates. Cap-subject H-2B petitions requesting employment start dates prior to April 1, 2023, will now be rejected by USCIS.

This first half of the year H-2B visa cap was reached two weeks earlier than last year which seems to decrease the chances of workers starting later in the year being approved. For those who were not accepted under the first H-2B cap, we advise applicants to continue their application processing so that certifications are ready if and when visas become available for start dates prior to April 1, 2023, or in case you fall under the visa cap-exempt category.

Related Article: US Hits Mid-Year H-2B Visa

H-2B Visa Cap-Exempts

Those H-2B petitions exempt from the H-2B visa cap include:

  • Change of employer petitions with a request to extend stay in H-2B status
  • Out-of-country petitions for beneficiaries who have already been counted against the first 33,000 limits for FY2023, and
  • Petitions for workers in the fish roe processing industry and labor services in the Commonwealth of the Northern Mariana Islands or Guam

Do You Need Help With Your H-2B Visa Application?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1-on-1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Can Canada Be Used as a Backdoor to the United States? https://www.visaplace.com/blog-immigration-law/can-canada-be-used-as-a-backdoor-to-the-united-states/ Fri, 27 May 2022 16:35:33 +0000 https://www.visaplace.com/?p=51084 People who earn permanent residency in Canada can seek citizenship after staying in the country for at least three years in the five years before the citizenship application. Once they have obtained citizenship, they can come to the United States using the TN visa provided they have a legitimate employment offer from a US company in one of the approved occupations. The TN visa is valid for three years and can be extended. There is no restriction on how many times it may be renewed.

The procedure is quite simple. While the TN visa is valid, applicants may bring their spouse and children (under 21) to the United States. Dependent family members are eligible to apply for a TD visa. If the application is granted, the dependents will obtain an I-94 record identifying their length of stay in the United States, which is normally the same as the TN visa holder.

TD visa holders are not permitted to work in the United States, but they are permitted to study at US universities without the need for a student visa. The duration of stay can be extended if the dependents have a valid passport that extends beyond the duration of their stay, have not broken the terms of their stay in the United States, and have not committed a felony. The procedure of requesting an extension should begin at least 45 days before the I-94 record expires.

Can I Apply for a Green Card While Being on a TN Visa?

The TN visa does not permit dual entry. That implies you should not apply for a green card while you are on this visa. You can, however, apply for a US green card by changing your visa category to a non-immigrant category such as H-1 or L-1. They are visa categories with dual intent.

One might enter the country on the TN visa and then ask the company to sponsor them on the H-1 or L-1 visa. Another possibility is to return to Canada and apply for a US green card while being a Canadian citizen. In that scenario, your application will be handled in accordance with the priority date.

However, there is an exemption for American citizens born in Canada. They can apply for a green card by establishing their familial ancestry.

Can I Move to Canada So I Can Get a Green Card?

When it comes to green cards, Canadians are treated in most ways the same as any other immigrant to the United States. However, their ability to get some types of temporary visas, like the TN visa as we’ve mentioned above, may assist them in establishing a connection with a U.S. company eager to eventually sponsor them for a green card.

Do You Need Help Immigrating to Canada or the US?

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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US Immigration Reaches H-1B Visa Cap for 2022 https://www.visaplace.com/blog-immigration-law/us-immigration-reaches-h-1b-visa-cap-for-2022/ Wed, 13 Apr 2022 17:19:32 +0000 https://www.visaplace.com/?p=50580 As of early March 2022, the US has received enough applications to meet the federally mandated 65,000 H-1B visa ceiling for the fiscal year 2022.

The H-1B visa is a non-immigrant visa that permits US businesses to hire foreign employees in specialized vocations that require theoretical or technical knowledge. Every year, technology businesses rely on it to hire tens of thousands of workers from nations such as India and China.

This year, the USCIS was required to hold three visa lotteries in order to reach the mandated quota of 65,000 normal visas and 20,000 master’s visas. The agency had also performed two lotteries the previous year, which was uncommon. After the first round of choices, the USCIS usually gets a sufficient number of applications. Because there were insufficient applicants after the first lottery, the US immigration office held a second random selection in July 2021.

The USCIS operates on an October to September calendar, thus candidates chosen for FY2022 would be able to begin employment in October 2022. It said in November that it will hold a third lottery to meet its goal. According to immigration experts, this is due to fewer companies following through on their applications after being accepted, with staff continuing to work remotely.

According to the USCIS, applications that are otherwise exempt from the cap will continue to be accepted and processed.

“Petitions filed for existing H-1B employees who have previously been counted against the cap and who still hold their cap number are exempt from the FY 2022 H-1B cap,” the government agency stated.

In the meantime, the USCIS will continue to accept and process petitions to prolong the length of time an existing H-1B worker may stay in the US, adjust the employment terms for current H-1B workers, allow current H-1B workers to change employers, and permit current H-1B workers to work simultaneously in additional H-1B positions.

What Are the Other Visa Options Besides H-1B?

Below, we have mentioned some of the most common H-1B alternatives. It should be noted that the list is not designed to include all potential visa kinds and circumstances under which an employee might be lawfully hired. Our objective is to provide our clients and readers with a list of some of the most prevalent solutions.

Automatic Waitlist and Second Chance Lottery in Summer

Selected H-1B cap registrants that did not submit an H-1B petition by the June 30, 2022 deadline will be assigned to wait-listed (non-selected) registrations. As a consequence, an H-1B registrant that was not chosen in the first March lottery may be chosen and encouraged to submit an H-1B petition later in the summer, most likely in July or August.

We anticipate that a significant percentage of selected H-1B registrations will be unable to submit an H-1B petition; as a result, we estimate that an H-1B cap registration that was not initially picked in March may be selected in the summer during a subsequent lottery period, in July.

An existing H-1B cap registrant does not need to take any action to be eligible for the “second chance” lottery in July — this will happen automatically. Furthermore, given a large number of non-chosen registrations, the possibility of an H-1B registration being picked via the second chance lottery is quite low.

Cap-Exempt H-1B

A variety of companies may be cap-exempt and so eligible to file an H-1B petition at any time. A cap-exempt employer is (1) a higher education institution, (2) a nonprofit entity associated or affiliated with a higher education institution, or (3) a nonprofit research organization or a governmental research agency. Even if the actual H-1B employer does not fulfill these standards, a cap-exemption case can be established if the H-1B worker will be placed at the site of a cap-exempt firm. Please consult our employer guidance for cap-exempt H-1B visas. As a result, numerous educational institutions, non-profit organizations, and research organizations may be eligible to file cap-exempt H-1B petitions.

O-1 or P-1 Extraordinary Ability Visas

O-1 visas and P-1 visas are often designated for those with exceptional aptitude in the sciences, arts (including television and film), education, business, or athletics. By definition, not many people qualify for one or both of these visa classifications, but when possible, an O-1 and/or P-1 application should be completed in lieu of an H-1B. In addition to the ability to get work permission under these visa categories, O-1 and/or P-1 acceptance may serve as the foundation for a later application for EB-1 category permanent status.

L-1 Intracompany Transferee

The L-1 visa category permits multinational corporations with a global presence to move staff from their foreign operations to their U.S. office (or to establish a new U.S. office). This visa type is a fantastic choice for international companies looking to start or expand their presence in the United States, as well as for foreign nationals who are presently working overseas. Foreign nationals who are already in the United States are typically ineligible for an L-1 visa. An additional benefit of the L-1 visa is that family members are eligible for work authorization under L-2 status.

TN for Canadian and Mexican Professional Workers

The TN visa classification is an option offered to certain Canadian and Mexican nationals in specified vocations. It is offered to Canadian and Mexican nationals who would work in one of the authorized vocations in the United States. The TN visa does not have a cap and may be obtained rather simply, either at the border (for Canadians) or by filing a petition with USCIS.

Are You Interested in Applying for an H-1B Visa Alternative?

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Moving from Alberta to Texas: Everything You Need to Know https://www.visaplace.com/blog-immigration-law/moving-from-alberta-to-texas-everything-you-need-to-know/ Wed, 23 Mar 2022 18:39:01 +0000 https://www.visaplace.com/?p=49663 Are you a Canadian resident of Alberta thinking about relocating to Texas? You’re not alone. Texas is the United States’ second-most populous state, and it’s simple to understand why. Every year, a large number of visitors visit due to the pleasant weather, diversified population, and melting pot of cultures. Not to mention that Texas’ thriving economy attracts people from all over the world with excellent work possibilities.

Visas for Canadians Moving to Texas

Work Visa

The first thing you must determine is why you are relocating to the United States. This will decide the immigration procedure you must follow. If you’re moving to the United States to work or live permanently, you’ll have three major options. Most of the time, your company will sponsor you for a visa that allows you to live and work in the nation. Acquiring the necessary immigration employment permit necessitates approval for one of the three visas listed below:

Business and Investment Visa

If you are going to the United States to establish a business or invest, you will need to get a Business Visa or an Investor Green Card. There are several sorts of business and investment visas, both temporary and permanent.

Family Sponsorship

Canadians can get a green card as a permanent resident by marrying a US citizen or being an immediate relative of a US citizen. The procedures you must take to apply for a family sponsorship Green Card will vary depending on your situation.

Moving from Alberta to Texas Checklist

Contact an Immigration Lawyer

You should always consult with an immigration lawyer when you’re crossing borders to ensure your trip doesn’t hit any bumps with border security.

Find a Place to Live

Finding a place to reside should be one of your first priorities. Also, be sure you register with the appropriate authorities, which includes the Canadian Embassy. You should also register a bank account so that you can manage your funds and pay your taxes, which in Texas are fairly substantial. The procedure of creating a bank account is pretty simple and uncomplicated. You may be required to provide:

  • Proof of employment/self-employment is required.
  • Residence permit.
  • Valid identification, such as an ID or passport.
  • Texas tax identification number (must be obtained from the local tax office).

Finances and Texas Bank Account(s)

Immigrant financial access is critical when relocating to a new nation. You may rely on these financial services as an immigrant to send payments, cash checks, and pay your expenses. The first thing you need to do is create a bank account with both a USD and a CAD account. While the documentation necessary varies greatly depending on the bank, you will normally need two things:

  • An identification number
  • Proof of identity, and proof of address—a government-issued picture ID will suffice.

Healthcare

Obtaining health insurance as soon as you arrive in the United States should be one of your first priorities. You must live in the United States and be a citizen or national to participate in a coverage program (or be lawfully present). In addition, you cannot be imprisoned.

Healthcare services are offered by private enterprises in the United States. Unless there is an unusual instance (disability, unemployment, living near or below the poverty line), the government has little to no role to play in this. Citizens must take responsibility for their own well-being.

Residents of the United States can choose/facilitate from a variety of healthcare programs. This includes the following:

  • Private medical insurance is available.
  • Medicaid
  • Medicare

As a Canadian immigrant, we strongly advise you to obtain insurance as soon as possible. As a new immigrant, you may want to look into New Immigrants Health Insurance. Companies such as Sirius International, Seven Corners, and Lloyd’s Of London will be among them. You can also choose a Short Term Health Insurance policy, which will give temporary coverage while you travel to and settle in the United States.

Drivers License

To register for a driver’s license throughout most states in the United States, you must provide your Social Security Number. We recommend that you bring all of your identification documents, including your passport, foreign driver’s license, birth certificate, and proof of your lawful immigration status.

Reasons Why Canadians Are Moving to Texas

Cost of Living

Even though it is not the cheapest state to live in, the cost of living in Texas is quite low when compared to other states. Texas is about 9% less expensive than Canada.

No State Income Tax

Texas, unlike most other US states, does not collect a state income tax. It generates revenue from sales and uses tax, property, and corporate income taxes. In Houston, the projected monthly cost for a family of four is roughly $USD 2,916.02 without rent and around $USD 823.92 for a single person without rent.

Strong Job Market

Texas’ thriving economy makes it simple to find work, with firms like Tesla and Black & Decker creating over 1,000 new positions every day. Many of these positions pay more than the national average, and the state’s unemployment rate remains lower than the national average. You can find work in a wide range of industries, including the following:

  • Technology
  • Healthcare
  • Education
  • Oil
  • Business
  • Aerospace
  • Engineering

Weather

The year-round warmth of Texas is a key lure for folks who are tired of lengthy, chilly winters. While certain parts of Texas suffer hot, humid summers, plentiful air conditioning helps to alleviate the pain, and the temperate temperature the rest of the year allows you to enjoy the outdoors in any month.

Great Education

In Texas, there is no shortage of educational possibilities. According to U.S. News & World Report, the University of Texas—Austin and Texas A&M University are two of the largest public colleges in the country. Both colleges have around 40,000 undergraduate students. Texas also has a number of prestigious midsize colleges and private universities.

Fewer Government Regulations

Texas, like Florida, has very minimal rules and regulations when it comes to health and safety (like Coronavirus). This is a very drastic change from what those living in Alberta face as far as government rules and regulations go. Texas is known for its model of relatively less government spending, no personal income tax, less tax burden, and less labor market regulation.

Unique Culture

There is no other location like Texas. The warmth of its people, the liveliness of its art scenes, the uniqueness of its cowboy culture, and the depth of its variety make it a one-of-a-kind location to live and work.

Diversity

The diversity of Texas contributes significantly to its lively, bustling culture. Houston alone has 145 languages spoken, while the state as a whole is the second most diverse in the US. Individuals who opt to relocate to the state are drawn to the state’s richness and inclusivity as a result of its variety.

Immigration Lawyer for Canadians Moving to Texas

We have helped many individuals and families move from Alberta to Texas – and we can help you too!

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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EB-5 Investor Visa Regional Center Program is Back https://www.visaplace.com/blog-immigration-law/eb-5-visa-update/ Wed, 16 Mar 2022 14:11:36 +0000 https://www.visaplace.com/?p=50355 The Senate approved a reauthorization of the EB-5 Regional Center Program – the EB-5 Reform and Integrity Act of 2022 (“Integrity Act”) – on March 10, 2022, as part of the FY 2022 Consolidated Appropriations Bill. The same bill had been passed by the House the night before. Last June 30, 2021, the EB-5 Regional Center Pilot Program expired. President Biden was delivered the bill, which he is anticipated to sign on or before March 15, 2022.

Before the Bill was signed, the American Immigrant Investor Alliance (AIIA) broke the news by tweeting, “It is our great pleasure to announce that the EB-5 Regional Center program will be reauthorized with the Omnibus on March 15, 2022. The text of the Consolidated Appropriations Act, 2022 was just released and Division BB, includes the EB-5 Reform and Integrity Act of 2022. The omnibus also includes our FIFPA language (Section 108 of Division BB) which will ensure that investors will not have to suffer through this ordeal ever again.” 

What Are the New EB-5 Visa Changes?

The Integrity Act includes the following important reforms to the EB-5 program:

  • A five-year reauthorization of the EB-5 regional center program through September 30, 2027. 
  • A new section authorizing the grandfathering of any petitions on file in the event the program was to lapse again in the future. 
  • The new minimum investment amount will be $1,050,000, which is reduced to $800,000 if the EB-5 project is located in a Targeted Employment Area (TEA) or is an infrastructure project. A TEA includes an area of high unemployment or a rural area, and must qualify under the same requirements as the previous EB-5 regulations that were introduced in 2019. An infrastructure project is a public works project in which a governmental entity is the job-creating entity that receives the EB-5 capital from the new commercial enterprise.
  • Specific visa set-asides for rural, high-unemployment, and infrastructure projects. 
  • Language to prioritize the processing and adjudication of rural petitions. 
  • Language eliminating geographic limitations on investor capital redeployment. 
  • Language allowing investors to count both indirect and direct positions for job creation purposes. 
  • The Act includes numerous stringent new requirements for regional centers in relation to securities compliance, record keeping, ownership, and administration. 
  • All regional centers will undergo a USCIS audit at least once every 5 years. 
  • Additionally, a new integrity fund has been created in which regional centers must contribute $10,000-$20,000 annually (depending on the size of the regional center) to allow the USCIS to investigate and monitor the all of the parties within the EB-5 industry to ensure compliance.

Not only will the new law resurrect the Regional Center program, but it will also add new integrity controls that will be applied to all aspects of the new EB-5 program. This is great news, particularly for those investors whose monies had been committed to an investment but who had been unable to get green cards due to the Regional Center program’s closure.

Do You Want to Apply for the EB-5 Investor Visa?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Top Jobs In the US for Immigrants 2023 https://www.visaplace.com/blog-immigration-law/top-jobs-in-the-us-for-immigrants/ Fri, 11 Mar 2022 19:13:29 +0000 https://www.visaplace.com/?p=49815 Every year, a large number of newcomers arrive in the United States. Finding a fantastic job that allows them to acquire experience while also establishing roots is an important element of the American dream for many. The good news is that there is a reasonably consistent supply of employment in the United States for immigrants, both entry-level and more experienced roles – if you know where to look.

Many people wonder which are the best jobs for immigrants coming to the United States. It depends on your work experience and credentials. We gathered the top 8 jobs in the US for immigrants!

Learn more about immigrating to the US by occupation!

Construction

The construction business is attractive to new immigrants as a potential source of employment. Employers, managers, and landowners have profited from their presence by gaining complementing talents and increasing productivity. Immigrants in the construction business typically work in cement masonry, carpet installation, carpentry, and painting.

Immigration to the US as a Construction Worker

Agriculture

Immigrant farmworkers are estimated to account for 73 percent of agriculture jobs in the United States today. All across the US, farm labor is a critically necessary job that puts food on our tables, propels the economy, and sustains our communities.

Modernizing the temporary visa program and creating a path to citizenship for long-term migrant agricultural workers are critical to protecting agricultural workers and their families and ensuring the future of America’s vital agriculture economy.

H-2A Visa for Temporary Agricultural Workers

Architecture and Engineering

If you want to come to the United States to work as an architect, you are in a good position because the United States is regarded as one of the greatest places to work if you have architectural talents. Furthermore, North America is the place that pays the most money to architects worldwide.

Immigrate to the US as an Architect or Engineer

Hospitality

Food service workers are employed by many sorts of restaurants, bars, and food service contractors, including those found in schools and hospitals. There are a various amount of hospiltatlity jobs currently available in the United States.

Immigrate to the US as a Chef

Healthcare

In 2018, almost 2.6 million immigrants, including 314,000 refugees, worked in health care, with 1.5 million working as physicians, registered nurses, and pharmacists. Certain healthcare jobs are overrepresented by immigrants. Even while immigrants make up 17 percent of the total civilian workforce in the United States, they account for 28 percent of physicians and 24 percent of dentists, as well as 38 percent of home health aides.

US Immigration for Nurses

Manufacturing and Production

In the United States, around 2.1 million immigrants labor in jobs farming, collecting, processing, and selling food and services, playing an important part in feeding America. While immigrants made up 17 percent of all civilian-employed employees in the United States between 2014 and 2018, they played a disproportionate role in food production, accounting for 22 percent of workers in the United States food and production supply chain. They have considerably greater representation in some food-related vocations and in specific states.

Transportation

In 2012, immigrants made up 13% of the US population but made up 15.7 percent of the entire truck driver employment. Certain states, such as California (46.7 percent), New Jersey (40.4 percent), Florida (32.2 percent), and New York, had a disproportionately high number of immigrant truck drivers (25.7 percent). The study brief relied on data from the American Trucking Association and the Census Bureau’s American Community Survey “Who’s in the driver’s seat? Immigrants are filling labor shortages in the trucking business in the United States “The trucking industry is the backbone of the US economy, with trucks transporting 70% of all freight tonnage inside the country. However, due to a high turnover rate and an aging native-born population, the sector faces chronic personnel shortages.

Immigration to the US as a Truck Driver

Computing and Mathematics

STEM (science, technology, engineering, and math) workers are becoming increasingly vital in the US economy. STEM vocations are crucial to the country’s creativity, and STEM professionals are responsible for many of the cutting-edge ideas and technologies that create employment and boost household incomes in the United States. Foreign-born employees are making up a significant proportion of the STEM workforce in the United States.

Immigration to the US as a Computer Systems Analyst

What Are the Most Common Jobs for US Immigrants in 2023 Most Likely to Be?

Although entry-level occupations are frequent among newcomers to the United States, there is an increasing need for more experienced and trained workers. Despite the turmoil caused by the COVID-19 pandemic, a new analysis reveals that demand for talents in computers and mathematics, for example, continually outstrips the supply of bright employees, prompting requests for additional immigrants in these disciplines to arrive to assist maintain the US economy’s development.

Jobs selected by recent immigrants and the general immigrant community have certain commonalities, such as farm laborers and construction workers. However, because of their education level and country of origin, newer immigrants gravitate toward science and technology employment to a higher extent than those who came before them.

Do You Need Help Applying for a US Work Visa?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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H-1B to Green Card Process in 4 Steps https://www.visaplace.com/blog-immigration-law/h-1b-to-green-card-process-in-4-steps/ Tue, 04 Jan 2022 04:10:41 +0000 https://www.visaplace.com/?p=49609 Many foreign workers come to the United States each year obtaining permanent and temporary statuses to reach their immigration goals. Most of these individuals want to eventually make the US their permanent home but come for a temporary stay first to either test it out or because they didn’t qualify for a US Green Card. Luckily some work visas, like the H-1B Visa, are considered “dual intent” which means they were created to build pathways to permanent residency for foreign workers. We gathered the four major steps within this H-1B to green card process which you can learn more about below!

Related Article: Getting a Green Card in the United States

When Should I Apply for a Green Card?

We are asked when the best time to apply for a green card as an H-1B visa holder often and the answer is simply when your US employer is ready to sponsor you. Usually, this is after a couple of years of having your H-1B visa or else your employer would’ve just sponsored you for a green card to begin with! This process from start to finish can take anywhere from 6 to 18 months to process so it’s better to start sooner than later and never close to your H-1B visa expiry date.

Step 1: Find a qualified US employer to sponsor you

When making the transition from H-1B to green card, workers are either currently employed by a qualified US employer or are seeking a job with a qualified employer to petition them for a green card. In most cases, this process is easiest when you’ve worked in the US for a few years for an employer you know is qualified and but are now ready to sponsor you for a more permanent role.

Step 2: Employer must obtain a PERM labor certification

Receiving a PERM labor certification is a super important step to your H1B to green card process and it’s something your employer needs to do themselves! A PERM labor certification which stands for Program Electronic Review Management is a test that needs to be submitted to the US Department of Labor ensuring there aren’t any jobless US residents that are willing, qualified, or available to do the job and they check that no one’s wages are being affected by you taking the job. Employers will need to only pay associated fees when submitting their Form I-140 to the USCIS which brings me to my next step!

Step 3: Employer submits a Form I-140

After your employer’s PERM labor certification is approved, they will need to submit a Form I-140 (Immigrant Petition for Alien Worker) which is the petition for you to work in the United States. This form must be submitted with the approved PERM labor certification. If your petition is approved, then the USCIS will send you an approval notice which indicates that you can move to the next stage of your green card application process. As soon as the USCIS receives your petition, that date is your priority date which is essentially your spot in the queue to receive a green card.

Step 4: Submit a Form I-485

Once you have reached your priority date, you will need to submit Form I-485 which is your permanent residency/adjustment of status petition. If it is approved, then you will receive your green card. Good luck!

Do You Want to Adjust Your H-1B to Green Card?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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What to Expect for US Immigration in 2022 https://www.visaplace.com/blog-immigration-law/what-to-expect-for-us-immigration-in-2022/ Tue, 04 Jan 2022 03:23:35 +0000 https://www.visaplace.com/?p=49601 As a result of regulatory adjustments in response to the COVID-19 outbreak, the United States immigration procedures encountered significant difficulties and delays in 2021. Many candidates within the US received new immigration policies and rules in 2021 to make it easier for them to stay, while many applicants from outside the country were barred from eligibility because of COVID-19 laws. With 2021 drawing to a close, it’s time to start thinking about what to expect in terms of US immigration in 2022.

Changes to H1-B Work Visas

The newest regulatory proposals released by the Biden administration suggest that the government would continue to modify the H-1B visa program for professional employees, including boosting their compensation. Other future changes to the H1B visa program, according to forecasts by the US Citizenship and Immigration Service (USCIS), include:

  • The H-1B employer-employee relationship should be redefined.
  • Establish new site visit standards for employers.
  • Clarify the regulations for F-1 students who are waiting for their status to be changed to H-1B.
  • Clarify that if there are major changes to employment, such as a changing workplace location, an updated or new H-1B visa petition must be filed.

Increases to Filing Fees for Visas

In September 2020, a federal judge threw down a prior attempt to raise USCIS fees for certain immigration petitions. There is evidence, however, that the USCIS is not operating on a strong financial footing and need additional funding to handle backlogged petitions. As a result, the Department of State is planning to hike visa application filing costs at consulates in January 2022. The USCIS, on the other hand, proposes to raise petition and application filing costs in March.

Premium Processing Time Increases

The USCIS’s premium processing program ensures that certain employment-based visa petitions are processed quickly. The USCIS promises that the petition will be handled within 15 days or the petitioner’s filing money will be refunded. In 2022, this service is scheduled to be extended. The particular details of the new final regulation, such as the case categories eligible for premium processing, processing times, costs, and implementation dates, remain unknown. The enhanced service is expected to be accessible for applications including Employment Authorization Documents, I-539 applications to prolong or alter status, and EB1, EB2, and EB3 green card applications, according to reports.

Visa Processing Times Will Be Faster

In hopes that the COVID-19 outbreak will begin to fade, consulates will reopen and will need to ramp up visa processing in order to catch up on backlogs. The focus will be on enhancing processing efficiency, which will include more online video interviews. Increases in government fees should result in more people joining the workforce to meet the high demand for faster application processing.

Relief for Regional Center EB-5 Investor Immigrants

In 2022, a law similar to the Foreign Investor Fairness Protection Act will be introduced to give relief to foreign investors who engaged in the regional center EB-5 program. The measure will allow these investors to be grandfathered in, allowing them to get green cards.

Build Back Better Plan

President Joe Biden’s Build Back Better Plan proposal has been put on hold until 2022, as Democrats at all levels of government conceded that a Senate vote would not be achievable by the self-imposed Christmas deadline due to logistical and intraparty issues.

Are You Interested in Immigrating to the US in 2022?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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US Immigration 2021: Year in Review https://www.visaplace.com/blog-immigration-law/us-immigration-2021-year-in-review/ Tue, 28 Dec 2021 05:58:23 +0000 https://www.visaplace.com/?p=49501 Throughout the year of 2021, many important developments in immigration have occurred in the United States, particularly as a result of COVID-19’s continuous immigration adjustments. Despite this, the majority of visas are still being filed for, and US immigration is on the rise.

President Biden has made several adjustments to the US immigration system about a year into his term, ranging from modifications inside the different immigration agencies to bigger developments.

US Visa Changes and Updates 2021

New H1-B Visa Rules

In the start of 2021, the USCIS announced a final rule that would alter the H-1B Visa cap selection process by amending the current lottery procedures, and prioritize wages to protect the economic interests of US workers. Doing so, this would also ensure that most highly skilled foreign workers benefit from the temporary employment program.

US Hits H2-B Visa Cap

The USCIS announced that employers can no longer hire foreign workers under the H-2B visa category for the first half of the 2022 fiscal year. This is because the mid-year H-2B visa cap was met on September 30th, 2021. This also means that any H-2B visa requests for an employment start date before April 1, 2022, will be rejected unless they are exempt.

Expansion of Work Authorization Eligibility for L-2, H-4 and E Dependents

As the year draws to a close, certain dependents can rejoice after a November settlement instructing USCIS to enhance work authorization eligibility for L-2, H-4, and E dependents. Benefits are contingent on individual circumstances, thus we recommend that L-2, H-4, and E dependents visit their attorneys to discover whether benefits are available under the new paradigm.

2021 Policy Changes

Biden Reverses Trump’s Plan on Legal Immigration

After taking office, President Biden lifted the freeze on Green Cards that former President Trump made in 2020. Biden stated in his proclamation that “shutting the door on legal immigrants does not advance the interest of the United States”.

Travel Restrictions

The US stayed on top of the continual developments in travel and COVID-19 during the full year of 2021. There were several updates on which countries were temporarily prohibited from entering, vaccine requirements, processing delays, and so forth.

International Entrepreneur Rule Relaunched

In May 2021, the Biden administration has stated their plan to promote the program and revive the International Entrepreneur Rule. Later the DHS announced it will resurrect the IER program, as it “goes hand-in-hand with our nation’s spirit of welcoming entrepreneurship.” The move comes in response to venture capitalist firms, which have urged the administration to back the program and enable potentially thousands of start-up founders to move or remain in the US to grow their businesses.

Changes at USCIS

As part of a larger effort to be more inclusive and transparent, USCIS implemented a number of significant improvements. In March, the agency changed the term “alien” to “noncitizen” or “undocumented noncitizen” in its policy handbook to characterize immigrants. It also said it will put a new method of calculating processing times for immigration applications to see if it might make them “more accurate, timely, and understandable.” The Senate also made history by appointing Ur Jaddou as the next Director of USCIS, making her the first woman and the first person of Arab and Mexican ancestry to manage the agency.

Are You Interested in Immigration to the United States in 2022?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Click here to fill out the FREE Immigration Assessment form below and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Automatic Work Authorization Extensions for EAD Holders https://www.visaplace.com/blog-immigration-law/automatic-work-authorization-extensions-for-h-1b-visa-spouses/ Tue, 23 Nov 2021 05:44:38 +0000 https://www.visaplace.com/?p=48826 Many foreign nationals working in the United States with an EAD (Employment Authorization Document) were running into roadblocks due to the COVID-19 pandemic. For the past two years, US immigration has been in limbo due to processing delays, application backlogs, and travel restrictions. Many foreign nationals already in the US were also being affected by these processing delays causing many immigrants, mostly women to lose their jobs. To prevent gaps in employment authorization and documentation, the USCIS will now grant up to 180 days of automatic work authorization extension for EAD holders.

Why This Policy Changed

Before this policy change, EAD holders in the United States would need to apply for work authorization extension and wait. Because of processing delays, people weren’t getting their work authorization extension in time, they would lose their job, ultimately affecting these families, US businesses, and the economy. This immigration update came about after a lawsuit defending numerous individuals in the United States on these visas who lost their jobs due to US Immigration processing delays.

Who Is Eligible for Automatic EAD Extensions?

Certain applicants who have filed a Form I-765 (Application for Employment Authorization) qualify for automatic extensions of their expiring employment authorization and/or EADs for up to 180 days if they:

  • Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and
  • Are otherwise eligible for a renewal, which means that:
    • Your renewal application is under a category that is eligible for an automatic 180-day extension
    • The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action

Eligible Categories for Automatic EAD Extension

  • Green Card applicants who are waiting for their application result or who applied for an Adjustment of Status
  • Spouses of specific employment-based nonimmigrant visa holders (E1, E2, L1, and certain H-1B visa holders)
  • F1 students who are part of an OPT (Optional Practical Training) program
  • People who are eligible for Deferred Action for Childhood Arrivals (DACA)
  • Micronesia, the Marshall Islands, and Palau citizens
  • Refugees
  • Asylum seekers allowed to stay in the US

Looking for Professional Immigration Help?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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US Hits Mid Year H-2B Visa Cap for 2022 https://www.visaplace.com/blog-immigration-law/h-2b-visa-cap-for-2022/ Thu, 21 Oct 2021 19:28:57 +0000 https://www.visaplace.com/?p=48279 Did you know 33,000 foreign workers are already granted a US Immigration status in 2022? More specifically, thousands of skilled and unskilled workers who applied for the H-2B visa have been given the perfect opportunity to use their skills and make the US their new home. Only a certain number of immigrants can be invited through this category each year and it’s important to submit your H-2B petition before the cap is met. Unfortunately, the mid-year H-2B visa cap has been met which you can learn more about here!

H-2B Visa for Temporary Non-Agricultural Workers

The H-2B visa is a temporary non-agricultural work permit created for those who are seeking to immigrate to the United States with their working experience. Unlike the H-1B visa which is for highly skilled workers in “specialty occupations”, the H-2B category is for skilled and unskilled workers. The H-2B program requires the employer to attest to the Department of Labor that they will offer a wage that equals or exceeds the highest of the prevailing wage, applicable federal minimum wage, the state minimum wage, OR  local minimum wage to the H-2B nonimmigrant worker.

H-2B Visa Cap

There is a limit on the total number of applicants who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year which has been set to 66,000 applicants per year. However, unused H-2B numbers from one fiscal year do not carry over into the next. Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. 

Mid-Year H-2B Visa Cap Has Been Met

The USCIS announced that employers can no longer hire foreign workers under the H-2B visa category for the first half of the 2022 fiscal year. This is because the mid-year H-2B visa cap was met on September 30th, 2021. This also means that any H-2B visa requests for an employment start date before April 1, 2022, will be rejected unless they are exempt.

Want To Apply for The H-2B Visa in the Future?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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