Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California Current Immigration Issues Facing the HR Professional Presented by: Roy J. Barquet, Esq. Tuesday, November 8, 2005

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California BUSINESS VISAS: PROCEDURAL not substantive changes

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California Immigration Law ≠ Forms Statutory and regulatory complexities have ALWAYS existed, now are adhered to

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California DEPARTMENT OF STATE Worldwide Business Visa Center opened July 15,

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California VISA CATEGORIES: Non-Immigrant H: S pecialty occupation L: Intra-company transferee E: Treaty trader (E-1) or treaty investor (E-2) O: Extraordinary ability Immigrant Intra-company manager/ executive transferees Extraordinary ability Premium investors Labor certification beneficiaries

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California H Visa H visa sponsor MUST pay all filing fees and attorney fees Ready solution at hand Foreign entity may pay H-1B visa beneficiary’s salary You get what you pay for This fiscal year’s visas are already taken, except for foreign nationals with U.S. Master’s degrees

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California Pending Bill Recapture approximately 300,000 unused H-1B numbers dating back to FY Effectively raising the cap from 65,000 to 95,000 for at least 10 years. Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H1-B allotment remain unchanged but the additional 30,000 annually carry an additional $500 fee. How will they differentiate?

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California L Visa Features of Pending Bill Senate Imposes a new $750 fee on L-1 visas House Imposes a new $1500 fee on L-1 visas

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California Did you know? You can obtain an L visa for a foreign transferee who never worked in your foreign “office.”

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California Retrogression Over-subscription for existing immigrant, employment-related visas

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California Immigrant Visa Features of Pending Bill Imposes a new $500 fee on immigrant visa petitions for EB-1, EB-2, and EB-3 categories. Recaptures unused employment-based visas from prior years for immediate allocation of up to 90,000/year. Exempts spouses and minor children from accounting against the annual cap on employment-based immigrant visas. Allows individuals to apply for adjustment of status before an immigrant visa is deemed currently available.

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California VISA CATEGORIES: Non-Immigrant H: S pecialty occupation L: Intra-company transferee E: Treaty trader or treaty investor O: Extraordinary ability Immigrant Intra-company manager/ executive transferees Extraordinary ability Premium investors Labor certification beneficiaries L-1A L-1B

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California IMPACT OF 9/11 AND THE HOMELAND SECURITY ACT Criminal and “prior-entry” background checks at service centers, ports of entry and consulates Increase in requests for additional evidence Renewed interest in visa beneficiaries from politically or economically challenged countries Delay in processing IRS employer identification numbers NSEERS (National Security Entry-Exit Registration System) Restrictive culture

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California DEPARTMENT OF LABOR (DOL) PERM (PROGRAM ELECTRONIC REVIEW MANAGEMENT SYSTEM) Non-immigrant → Immigrant (permanent residence) Effective March 31, 2005 Election must be made for old cases (did you reply timely?) Recruitment campaign: 2 months -external job posting: need not include salary - internal job posting: must include at least salary range

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California PERM (continued) Initial filing (DOL Form ETA – 9089) submitted electronically DOL response in 45 to 60 days: “ aspirational ” Audit Letters → save resumes → save interview notes → save job postings DOL’s decision delay after reply???

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California HELPFUL HINTS: Don’t forget: It’s a prospective job Go easy on restrictive requirements H visas require long-term planning at time of initial filing Remedy for “boilerplate” H visa job description: tighten job title Don’t forget: approved labor certifications belong to the employer

Pennsylvania :: New York :: Washington, DC :: Virginia :: Florida :: New Jersey :: Delaware :: Ohio :: California Presented by: Roy J. Barquet, Esq.