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.
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.
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.
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.
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.
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.
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.
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.
Attracting and retaining qualified employees can be a challenge at times, making the ability to seek candidates from a foreign setting advantageous in some situations. Similarly, foreign candidates for jobs may find unique opportunities available in the United States. In either case, assistance may be necessary in seeking appropriate permissions for work and residency in the country. The application process can be challenging, and errors could waste time or result in the wrong classifications.
A visa program established in 1990 has helped bring about economic improvement in many troubled areas. Investor-based visa applications are on the rise. However, many Americans are still somewhat unaware of this option that provides a means for permanent residency. Before this legislation was passed, employment-based visa categories were limited to certain types of exceptionally skilled people, such as artists, scientists with advanced degrees and migrant workers. The most recent category is designed with investors in mind.