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Employment Immigration Archives

The O visa program

There are various nonimmigrant visa programs here in the United States. A nonimmigrant visa authorizes a person from another country to temporarily stay in the U.S. for a particular purpose. Today’s post will be focused on one nonimmigrant visa program in particular: the O visa program.

New decisions about H-1B visas and employee moves

Pennsylvania employers may not be required to file a new or amended petition for employees who are on an H-1B visa and who moved to another geographic location if the move occurred prior to April 9, 2015, but the new clarification of the United States Citizenship and Immigration Services is ambiguous on the topic. More clearly, it states that after August 19, before an employee on an H-1B visa who is moved to a new location can begin working, a new or amended petition must be filed for that employee.

Lawmakers consider changes to EB-5 visa, propose new EB-6 visa

Pennsylvania readers may be interested to learn that federal lawmakers from both parties are proposing immigration reform ahead of the Sept. 30 deadline for the renewal of the EB-5 program for immigrant investors. The EB-5 visa allows immigrants who invest at least $500,000 in a job-creating project in an area with high unemployment to obtain permanent residency. It also allows for the pooling of these investments into "regional centers," which can be used to fund larger projects.

Immigration status ruled irrelevant in wage and hour disputes

In a case that could impact workers in Pennsylvania and across the United States, a federal court in New York has ruled that employees are not required to produce immigration documents when suing employers over wage and hour disputes. This is significant because employers will no longer be able to defend themselves by alleging a worker is an illegal immigrant.

Changes to the H-1B nonimmigrant visa program

Employers in Pennsylvania who have hired foreign employees through the H-1B nonimmigrant visa program could be affected by a recent decision by the Administrative Appeals Office. Although AAO decisions are generally limited to the case at hand, the AAO does issue rare decisions that set precedents for future cases. One such ruling was recently issued that will affect employers' ability to move H-1B workers.

The P-1A visa classification for nonimmigrant athletes

Athletic competitions and events occur all over the world, and when they are held in the United States, foreign athletes must obtain P-1A visa classification prior to entering the country via Pennsylvania or another state. The athletes may be performing as individuals or with teams or groups at internationally-recognized performance levels. As with other types of visa classifications, the athletes have to meet certain criteria and complete the application process.

2016 applications for H-1B visas at record high

The government has issued a record number of H-1B visas for fiscal year 2016, according to figures released recently. The number of work permits that will be granted to foreign employees in the areas of science, engineering and computer programming will total 233,000. Pennsylvania businesses that rely on talent from around the world to work in highly technical fields will benefit from the increased number of visas available for foreign workers.

The requirements to obtain a foreign media visa

Foreign media representatives could qualify for I visas to work in Pennsylvania or other U.S. states. Individuals who generally qualify for these nonimmigrant visas are reporters, editors, film crew members and similar members of the media. However, they must meet certain eligibility requirements.

Special immigrant religious workers and EB-4 visas

Many people who are considering immigrating to Pennsylvania or other areas of the United States are religious workers who want to enter the country to perform their religious groups' missions. Special considerations exist in immigration laws that often allow these religious workers to come to the U.S. to perform their duties.

What is an employment based visa?

Families with immigrant relatives living in Pennsylvania may be interested in learning more obtaining employment-based visas. Some of these visas allow children and spouses to follow-to-join or accompany employment-based immigrants. Each year, about 140,000 employment-based visas are made available to immigrants who are qualified applicants. In order to be considered for the visa, a prospective employer must receive the Department of Labor's approval for labor certification.

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Law Office of Troy J. Mattes, P.C.
132 East Chestnut Street
Lancaster, PA 17602

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