The November Deadline to Begin is Here!

Best Practices for H-2B Visa Success

The race is on! The next available start date for H-2B workers to begin work in the United States is April 1, 2023. U.S. employers who seek to have foreign nationals begin work in spring should begin the H-2B process as soon as possible but no later than November 30th.  Best practices encourage U.S. companies or households to have hired a “seasoned” Immigration lawyer on or before this date as visa availability can change rapidly necessitating an alternate immigration strategy.

For a variety of reasons, U.S. companies and households are often unable to find U.S. workers qualified and able to fill professional, skilled and unskilled positions.  The inability to find workers timely can devastate a company or a family.  Reasons for this employment gap in hiring may be a result of the following:

  • Success in U.S. employer acquiring new contracts where additional workers are needed immediately
  • Spike in customers during certain seasons and difficulty scaling employment accordingly
  • Massive resignations due to pandemics, disasters causing a serious shortage as a company or family tries to rebound.
  • Skillset needed that is not commonly found in the United States work pool.
  • American workers’ traditional non-interest in certain jobs or industries.

H-2B temporary workers are not limited to corporations or businesses. U.S. households are also eligible to hire temporary workers on the H-2B visa program. Cooks, nannies, butlers, housekeepers, grounds keepers and the like are challenging for families to hire.

Best Practices Tips

To achieve success in hiring H-2B temporary workers, we provide the following tips to discuss with a U.S. immigration lawyer:

  • Determine if you have a one-time need, seasonal need or intermittent need for temporary worker(s).
  • Collect documents and information that has resulted in the need to hire foreign nationals temporarily. Document with Contracts, Organizational charts, Payroll records reflecting trends and shortages, medical records and other information that gave rise to temporary need.
  • Since H-2B visas are limited by the yearly congressional cap, determine how many workers you need and for what positions ASAP. Do not wait to find the workers before beginning the process with an immigration attorney. The priority is securing the temporary work visa(s).
  • Be careful using recruitment companies without first checking with an immigration lawyer. There are risks and disclosures that should be considered before hiring a recruitment company.
  • Have your immigration lawyer file a Prevailing Wage Determination (“PWD”) with the Department of Labor (“DOL”) as the first step in the H-2B process. As a practical point, U.S. employers need to know what the U.S. government mandates as the wage for the temporary worker(s).

We hope you found these tips helpful. Our lawyers are accepting new H-2B cases for the upcoming new season in 2023. If you are interested in hiring one or several H-2B visa workers for the first part of 2023 please contact us prior to November 30th . Our lawyers are members of the American Immigration Lawyers Association- AILA, and we have over 25 years of experience. Based in the Washington D.C. area, we serve clients throughout the United States and internationally.

Seeking an Employment Based Green Card?

Sorting through PERM Confusion – Prevailing Wage vs. PERM  9089 Registration/Application

The PERM Labor Certification is the first step for most employment based sponsored Green Cards in the Employment Based Category 3, (EB-3) where a U.S. employer permanently sponsors a foreign national. PERM is basically a market test to determine if there are any U.S. workers qualified, ready and available for a position. This fact must be established before the employer can be certified to recruit and employ workers from abroad.

The process begins with getting a Prevailing Wage from the U.S. Department of Labor (“DOL”). It is often confused with the employer registering to submit a PERM 9089 application with DOL.

The Prevailing wage is filed on the DOL’s FLAG website. The position and respective wage must be approved by the U.S. government. The U.S. employer must pay 100% of the wage approved by DOL.

In contrast, PERM 9089 is filed on a different website. The instructions are found at: https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/PERM_Webinar_Business_Existence_Registration-08.22.18.pdf . The employer must directly register on this website. Then the employer can create a sub-account for his or her attorney who will go in and draft/file the PERM on the U.S. company’s behalf.

The entire process of U.S. employment-based sponsorship for employees seeking U.S. permanent resident status is complex and requires an experienced U.S. immigration attorney who is a member of the American Immigration Lawyer’s Association (“AILA”). Our lawyers have been members of AILA for over 20 years. You may contact us today for an initial consultation by emailing info@becapitallaw.com or call us at our central line at (703)829-5881. 

Our offices are based in the Washington D.C. area, and we serve immigration clients throughout the United States and globally.

www.becapitallaw.com G. Del Evans, Esq.

When Tragedy Strikes Back Home & Your In the Middle of Adjusting Status to a U.S. Permanent Resident…What can You do?

As a rule, if you or someone you know is applying for adjustment of status (“AS”) to a U.S. Permanent Resident based on an Employment Based Petition (I-140), or a Family petition (I-130), your application will be denied if you leave the United States. The Department of Homeland Security (“DHS”) will consider the application abandoned.  “However, you might say, “what happens if I learn my family member is dying back home, or my minor child has been abandoned by their entrusted caregivers…what can I do?”

The solution is to apply for expedited travel permission. The process is called advanced parole which is completed on form I-131. In order to get expedited treatment of your I-131 application to travel, you will need to meet DHS’s criteria. DHS U.S. Citizenship & Immigration Services Division (“USCIS”) site explains the following:

USCIS considers all expedite requests on a case-by-case basis;

May require additional documentation to support a request; and

Has the sole discretion to decide whether to accommodate a request.

Because granting an expedite request means that USCIS would adjudicate the requestor’s benefit ahead of others who filed earlier, we carefully weigh the urgency and merit of each expedite request. We may consider an expedite request if it meets one or more of the following criteria or circumstances:

  • Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  • Timely file the benefit request, or
  • Timely respond to any requests for additional evidence;

Your lawyer will need to call USCIS and request Info pass, and explain the nature of your urgent travel. You will need to bring all USCIS receipts, passport, proof of emergency such as court documents from abroad, funeral arrangements, death certificates, completed I-131 etc.  Also, bring passport size photos too…in case they give you a paper Advanced Parole (“AP”) on the spot.

If USCIS does not issue the AP immediately, they will send their recommendation/approval of expedite to the National Benefits Center (“NBC”), and a travel document will be issued that will be good for at least one trip out of the country. It is very important to check with an immigration attorney in your local district to see if AP packets are accepted at the USCIS window and approved on the spot.

Our lawyers have been practicing for over 25 years and are members of the American Immigration Lawyers’ Association – AILA.  We have real lives and lawyers on our legal staff have published books where they share their stories to encourage humanity.  Ask us, and we will provide you a free copy.

Contact us today and schedule a low-cost consultation at info@becapitallaw.com or info@vasselllawgroup.com. We are based in Washington D.C. serving clients throughout the United States and the world.

B&E Capital Law Group

http://www.BECapitallaw.com G. Del. Evans, Esq.

EB-5 Visa: To pool or not to pool

The EB-5 Visa now allows investors to pool their money together in order to receive U.S. Immigration Permanent Visa benefits.

On July 12, 2022, USCIS posted an updated revision for Form I-526, Immigrant Petition by Alien Entrepreneur, accommodates the mandates contained in the recently passed EB-5 Reform and Integrity Act of 2022 (RIA). The new forms are each tailored to accommodate the different eligibility requirements of the two different types of EB-5 visa programs: EB-5 Standalone Investor Cases and EB-5 Regional Center Investor Cases.

New I-526 Petition for EB-5 Standalone Investor Cases

The new Form I-526, Immigrant Petition by Standalone Investor, must be used by standalone immigrant investors who are not seeking to pool their investment with additional investors seeking EB-5 classification.  It is very important to have an attorney guide you through the benefits and drawbacks of pooling your investment with other foreign investors versus the stand alone EB-5 visa where one investor retains all control making it easier to get the conditions released of your 2 year conditional resident Green Card.

Our lawyers have been practicing for the past 25 years in U.S. Immigration matters exclusively. We are members of the American Immigration Lawyers Association (AILA). Our Lead Attorney was elected as an Elite Lawyer of The Year for 2022! If you have questions or need a consultation with one of our experienced immigration lawyers, you may call us at our Washington D.C. office where we serve the nation and abroad. The phone number is (703) 829-5881 or email us at info@becapitallaw.com.

Labor Shortages

How the J-1 Cultural Exchange and H-2B Seasonal Visas can help with your labor shortages!

Our lawyers have been practicing for the past 25 years in U.S. Immigration matters exclusively. We are members of the American Immigration Lawyers Association (AILA). Our Lead Attorney was elected as an Elite Lawyer of The Year for 2022! If you have questions or need a consultation with one of our experienced immigration lawyers, you may call us at our Washington D.C. office where we serve the nation and abroad. The phone number is (703) 829-5881 or email us at info@becapitallaw.com.

Speed Processing Your Visa and More!!

Can hiring a U.S. immigration lawyer speed up the process for my case?

What is TPS and is it the same as asylum?

How much money do I need to invest in the U.S. to get an investor visa?

Is there anything I, as U.S. Citizen can do? He married me for the Green Card and now he is divorcing me!!

Today, we answer some questions from our Social Media Family!!

WHEW! YOU CAN STOP & REGROUP

TPS STATUS DESIGNATIONS

Notice of Temporary Protected Status (TPS) designation. The Department of Homeland Security (DHS) has designated Cameroon for Temporary Protected Status (TPS) for 18 months, effective June 7, 2022, through December 7, 2023.

TPS is where the government allows someone from a certain country to remain in the United States as their country is a mess and dangerous to return to. It is a temporary designation, but indefinite renewal.

This designation allows Cameroonian nationals (and individuals having no nationality who last habitually resided in Cameroon) who have continuously resided in the United States since April 14, 2022, and who have been physically present continuously in the United States since June 7, 2022, to apply for TPS. DATES: Designation of Cameroon for TPS: The 18-month designation of Cameroon for TPS is effective on June 7, 2022, and will remain in effect for 18 months, through December 7, 2023. Registration: The registration period for individuals to submit TPS applications begins June 7, 2022 and will remain in effect through December 7, 2023. Afghanistan and Ukraine also recently received TPS designation to remain in the United States. While in TPS status, one may seek other ways to gain a more permanent standing in the U.S. through employment, school, sponsorship, National Interest Waiver, and family sponsorship to name a few ways.

Our lawyers have been practicing for the past 25 years in U.S. Immigration matters exclusively. We are members of the American Immigration Lawyers Association (AILA). Our Lead Attorney was elected as an Elite Lawyer of The Year for 2022! If you have questions or need a consultation with one of our experienced immigration lawyers, you may call us at our Washington D.C. office where we serve the nation and abroad. The phone number is (703) 829-5881 or email us at info@becapitallaw.com.

Work Visas Available for ‘The Great Resignation’

Professionals & Skilled Workers Welcomed to Qualify

H-2B visas are seasonal work visas. Many of our Au-pair clients and Student Visa OPT clients are switching status to H-2B visas due to the need for business to employ professional and skilled workers based on the lack of qualified workers due to ‘ The Great Resignation’ during the COVID pandemic.

The key qualification here is that this is a ‘one time’ loss of staff due to a one time event. The H-2B visa can be issued for up to three years.  If the beneficiary worker does NOT need to renew the visa, we are often able to apply for Permanent Resident status during this time.  This is very tricky and requires a lawyer.

Under the recently announced H-2B supplemental cap temporary final rule increasing the cap by up to 35,000 additional H-2B non-immigrant visas through the end of fiscal year (FY) 2022, USCIS has received enough petitions to reach the cap for the additional 23,500 visas made available for returning workers only. We continue to accept petitions for H-2B non-immigrant workers for the additional 11,500 visas allotted for nationals of El Salvador, Guatemala, Honduras and Haiti, regardless of whether they are returning workers.

Our lawyers have been practicing for the past 25 years in U.S. Immigration matters exclusively. We are members of the American Immigration Lawyers Association (AILA). Our Lead Attorney was elected as an Elite Lawyer of The Year for 2022! If you have questions or need a consultation with one of our experienced immigration lawyers, you may call us at our Washington D.C. office where we serve the nation and abroad. The phone number is (703) 829-5881 or email us at info@becapitallaw.com.

info@becapitallaw.com http://www.becpatiallaw.com