Gibney is featured in the BritishAmerican Business Guide: Finding Your Way: The Trade and Investment Guide to the U.S. Updated Edition (2021/2022) for Immigration.
Immigration Partners David Johnson and Stephen Maltby co-authored the article, which focuses on immigration issues for UK emerging businesses to consider.
View it here:
Finding Your Way – The Trade and Investment Guide to the US 2021
In this episode, Shai and Roderick hang out with the gang from the television comedy, That ’70s Show. They focus on Point Place, Wisconsin’s favorite foreign exchange student, Fez, played by Wilmer Valderama. In addition to exploring Fez’s obsession with candy, the immigration principles they will cover include: F-1 Student Visas, the J-1 Exchange Visitor Program, and the Marriage Based Green Card sponsorship process. Plus, Shai and Roderick reminisce about their favorite high school jobs.
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The Hasta La Visa, Baby podcast presents real world U.S. immigration law concepts in a fun and unique format. This series is a deep-dive into the relationship between U.S. immigration law and fictitious characters from popular television shows and films. Hosted by Gibney Immigration Group attorneys Shai Dayan and Roderick Potts, each episode focuses on a featured character from a well-known show or film and guides listeners through an in-depth and entertaining exploration into the possible U.S. visa status that the character may have held while in the U.S.
USCIS conducted a second lottery for the fiscal year (FY) 2022 H-1B cap on July 28, 2021 and has notified employers that additional registrations have been selected. Employers with selected registrations from the second lottery may file an H-1B petition for the beneficiary of a selected registration during the 90-day period running from August 2, 2021 to November 3, 2021.
USCIS conducted its initial H-1B cap lottery in March 2021, and selected employers had a 90-day window during which to file H-1B cap petitions for selected beneficiaries. The second lottery was conducted because the number of H-1B petitions ultimately submitted and approved during the initial H-1B filing period (April 1, 2021 to June 30, 2021) were not sufficient to meet the annual statutory H-1B cap. H-1B cap registrations that were not selected in the initial lottery remained in a reserve and the July lottery was conducted from this reserve. USCIS has not announced how many additional registrations were selected from the reserve.
For more information, please contact your designated Gibney representative or email info@gibney.com.
In Episode 1 we discuss the characteristics and differences of L-1A and L-1B Intracompany Transferee visas and the Employment Based First Preference multinational manager green card sponsorship process.
In this quick take article, we break down what employers need to know about these options for transferring and retaining employees from affiliated companies into the U.S.
L-1A Nonimmigrant Visa for Executive or Manager
The L-1A visa status provides a pathway for a multinational corporation to transfer an executive or manager from one of its foreign offices to one of its affiliated U.S. offices. Foreign companies that do not yet have an affiliated U.S. office can also transfer an executive or manager to the U.S. to establish a new office.
L-1B Nonimmigrant Visa for Employees with Specialized Knowledge
The L-1B visa status allows a multinational corporation to transfer a professional employee with “specialized knowledge” from one of its foreign offices to one of its affiliated U.S. offices. Specialized knowledge refers to either special knowledge possessed by an individual of the company’s product, service, research, equipment, techniques, management, or other interests and its application to international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
How can employers apply for an L-1A or L-1B nonimmigrant visa on behalf of an employee?
Employers can file a Form I-129, Petition for a Nonimmigrant Worker on behalf of their employee with the U.S. Citizenship and Immigration Services. They must have a qualifying relationship with a foreign company, and either be actively doing business or planning to do business as an employer in the U.S. and at least one other country for the duration of the employee’s stay in the U.S.
How do employees qualify for an L-1A or L-1B nonimmigrant visa?
Employment-Based First Preference Multinational Executive or Manager Green Card Sponsorship Process
This is a fast track Green Card sponsorship process, typically applicable to those who are already in L-1A visa status. The sponsored employee must have worked for an affiliate of the sponsoring employer abroad in an executive or managerial capacity and then be working in the U.S. for the affiliate in a similar executive or managerial capacity. Employers must complete and file a Form I-140 Immigration petition on behalf of the sponsored employee with U.S. Citizenship and Immigration Services.
About Hasta La Visa, Baby: This podcast presents real world U.S. immigration law concepts by doing a deep-dive into the relationship between U.S. immigration law and fictitious characters in popular television and film.
In Episode 1 of the Hasta La Visa, Baby Podcast, we discuss the characteristics and differences of L-1A and L-1B Intracompany Transferee visas. We also highlight the Employment Based First Preference multinational manager green card sponsorship process. In this quick take article, we break down what employers need to know about these options for transferring and retaining employees from affiliated companies into the U.S.
The L-1A visa status provides a pathway for a multinational corporation to transfer an executive or manager from one of its foreign offices to one of its affiliated U.S. offices. Foreign companies that do not yet have an affiliated U.S. office can also transfer an executive or manager to the U.S. to establish a new office.
The L-1B visa status allows a multinational corporation to transfer a professional employee with “specialized knowledge” from one of its foreign offices to one of its affiliated U.S. offices. Specialized knowledge refers to either special knowledge possessed by an individual of the company’s product, service, research, equipment, techniques, management, or other interests and its application to international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
Employers can file a Form I-129, Petition for a Nonimmigrant Worker on behalf of their employee with the U.S. Citizenship and Immigration Services. They must have a qualifying relationship with a foreign company, and either be actively doing business or planning to do business as an employer in the U.S. and at least one other country for the duration of the employee’s stay in the U.S.
This is a fast track Green Card sponsorship process, typically applicable to those who are already in L-1A visa status. The sponsored employee must have worked for an affiliate of the sponsoring employer abroad in an executive or managerial capacity and then be working in the U.S. for the affiliate in a similar executive or managerial capacity. Employers must complete and file a Form I-140 Immigration petition on behalf of the sponsored employee with U.S. Citizenship and Immigration Services.
For further information on these visa principles, please be sure to download and listen to:
Hasta La Visa, Baby Episode 1: Down the Hall and to the Left: Intracompany Transferees and Home Alone 2
In this episode, Shai and Roderick discuss the 1992 holiday blockbuster, Home Alone 2: Lost in New York. In this episode, Shai and Roderick explore the character known as Mr. Hector, played by Tim Curry. Mr. Hector is a UK national, the concierge at the Plaza hotel in New York and one of the main antagonists of Kevin McCallister, played by Macaulay Culkin. Shai and Roderick will attempt to solve what Mr. Hector’s visa status may have been and will provide insight into what type of immigration advice they would give Mr. Hector if he visited them for a consultation.
The visa categories they will explore in this episode include L-1A, L-1B, and the I-140 multinational manager process. Plus, what happens when a hotel concierge gets a little too personal and a few takeaways from one of the “greatest” cameos of all time.
Immigration attorneys Ellen Poreda, Stephen J.O. Maltby and Renna Nukta authored a chapter on US Immigration for The Corporate Immigration Review.
The chapter provides an overview of US immigration legislation and policy, recent legislative developments, employer sponsorship options, the impact of COVID-19, the impact of the new Administration and an outlook on immigration trends.
Now in its 11th edition, the purpose of The Corporate Immigration Review is to share information across borders, identify global trends and provide practical insights into immigration systems in various jurisdictions.
To view the full chapter on United States immigration, visit The Law Reviews book page.
The U.S. Department of State has extended the validity of National Interest Exceptions (NIEs) for travelers from China, Iran, India, Brazil, South Africa, the Schengen Area, Ireland and the United Kingdom whose admission to the U.S. is restricted by COVID-related regional travel bans.
Under the new policy, NIEs are now valid for multiple entries during the 12 month period following the date of approval. The policy applies retroactively to NIEs that were previously approved or granted in connection with a visa application. Previously NIEs were valid for one entry within 30 days of approval.
Travelers who have been granted an NIE may be admitted to the U.S. pursuant to the NIE for a period of up to 12 months from the date of approval provided that the travel to the U.S. is consistent with the purpose for which the NIE was originally granted. If required for the class of admission, the traveler must also have a valid visa along with the NIE. Travelers without a valid visa will be required to apply for a new visa and a new NIE.
NIE qualifying criteria includes:
NIEs have become increasingly difficult to obtain as the U.S. consulates abroad have struggled to meet the demand for consular services due to COVID-related closures, staffing shortages, restrictive qualifying criteria, and backlogged visa and NIE applications. Extending the validity of NIEs, including that of previously issued NIEs, should help to relieve some of the demand for consular services while facilitating critical travel to the U.S.
Gibney is closely monitoring the impact of the new policy and will provide updates as they become available. For additional information, please contact your designated Gibney representative or email info@gibney.com.
Gibney’s recent immigration article was listed on JD Supra’s Popular Reads List. The list ranks the most widely read articles on JD Supra in June 2021. The article is titled “USCIS Issues Policies to Improve Immigration Services: What Employers and Foreign Nationals Need to Know”.
The article covers the U.S. Citizenship and Immigration Services (USCIS) announcement of three new policy updates to the USCIS Policy Manual aimed at improving access to immigration benefits.
U.S. Citizenship and Immigration Services (USCIS) announced three new policy updates to the USCIS Policy Manual aimed at improving access to immigration benefits. The updated policies:
These policy initiatives were taken pursuant to Executive Order (E.O.) 14012, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” Issued by President Biden on February 2, 2021, the order directs federal agencies to identify strategies to eliminate barriers that impede access to immigration benefits.
Applicants and petitioners may request that USCIS expedite the adjudication of immigration benefit requests even if premium processing is otherwise available for the application. USCIS reviews these requests on a case-by-case basis. The updated expedite policy clarifies the criteria and circumstances under which USCIS will generally consider expedite requests. It restores the ability of nonprofit organizations to request expedited processing if the beneficiary will further U.S. cultural and social interests. It also clarifies that expedited processing for noncitizens pending removal or in removal proceedings is coordinated between USCIS and U.S. Immigration and Customs Enforcement (ICE).
The updated RFE and NOID guidance rescinds a Trump-era policy that permitted officers to deny certain benefit requests outright instead of first issuing an RFE or NOID. The updated guidance instructs officers to issue a RFE or NOID when additional evidence could potentially demonstrate eligibility for an immigration benefit, rather than simply denying the benefit request. This practice helps to ensure that those requesting benefits have an opportunity to correct simple mistakes or unintentional omissions. This was USCIS policy from 2013 until 2018, when it was rescinded by the Trump Administration. With this action, the 2013 guidance is restored.
Gibney welcomes these developments and will closely monitor their impact. We will continue to report on additional initiatives to improve and modernize the U.S. immigration system. For additional information, please contact your designated Gibney representative or email info@gibney.com.
The U.S. Department of Homeland Security (DHS) has extended a policy providing employers with flexibility in meeting certain Form I-9 Employment Verification requirements. The policy, initially implemented in March 2020, relaxes the requirement to review Form I-9 identity and employment verification documents for remote workers “in-person” during the pandemic. The guidance, which was set to expire May 31, 2021, has now been extended to August 31, 2021.
Form I-9 in-person inspection rules were relaxed for any U.S. employer who converted to a total remote working schedule for all employees due to COVID-19. The policy states that “if there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9.“ However, according to the policy, DHS will consider exceptions if newly-hired employees are subject to COVID-19 quarantine or lockdown protocols.
The current extension includes guidance for employees hired on or after June 1, 2021 working exclusively in a remote setting due to COVID-19-related precautions. Those employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.
Remote employees must complete Section 1 of Form I-9 and choose identity and work-authorization documents from List A/B/C. Within three (3) business days of hire, remote employers must inspect the employee’s documents over video link, email, fax, etc., and complete Section 2 of Form I-9. Employers must retain copies of any documents inspected remotely. Employers should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field.
After normal operations resume and employees return to the office, employers will have three (3) business days to physically examine the same documents previously reviewed electronically/remotely. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 Additional Information field on the Form I-9, or to Section 3, as appropriate.
Qualifying employers who use this option must be prepared to provide DHS with written documentation of their remote onboarding and telework policy. DHS reminds employers that, as a general matter for remote workers (even before the pandemic), a company may designate anyone to serve as an “authorized representative” of the company for completion of Section 2, including the in-person inspection of documents. Rather than relying on the temporary pandemic policy for a remote workforce, an employer may consider utilizing an authorized representative to inspect the employee’s documents in-person with three (3) days of hire, in accordance with pre-existing rules permitting the use of authorized representatives to perform this function. The employer is liable for any violations in connection with the form or the verification process, including any violations in connection with the form or the verification process.
Employers should anticipate that DHS will terminate the flexibility to verify Form I-9 documents virtually as pandemic restrictions are lifted. Because employers who have availed themselves of the relaxed rules will have only three (3) business days to physically examine documents when normal operations resume, employers may wish to designate agents to physically inspect documents now for those hired and verified remotely since March 2020. Keep in mind, though, as noted above, that employers are liable for any violations or errors made by the designated authorized representative during the verification process.
Gibney is closely monitoring changes to employment eligibility verification policy and procedures and will provide updates as they become available. If you have questions regarding this alert or the Form I-9 process generally, please contact your Gibney representative or email info@gibney.com.