The Law Offices of Elsa Ayoub, P.L.L.C.The Law Offices of Elsa Ayoub, P.L.L.C.2024-02-20T05:48:17Zhttps://www.ayoublawoffices.com/feed/atom/WordPress/wp-content/uploads/sites/1503832/2023/06/cropped-favicon-ayoub512-32x32.jpgOn Behalf of The Law Offices of Elsa Ayoub, P.L.L.C.https://www.ayoublawoffices.com/?p=482962024-02-05T15:59:47Z2023-11-13T15:58:10Zworking on a pilot program that could allow some H-1B workers to renew their visas without leaving the country.
Goals Of The Proposed Pilot Program
Domestic renewals of H-1B visas were previously available until 2004, when the option was removed due to the agency not meeting certain post-9/11 regulations laid out in the Enhanced Border Security And Visa Reform Act. Since then, immigration backlogs have grown significantly. One of the goals of the pilot is to provide additional availability for U.S. consulate appointments worldwide and cut down on delays H-1B visa holders may experience when trying to renew their status.
Additionally, there are potential benefits for U.S. businesses that employ H-1B temporary workers. The State Department hopes that by allowing workers to renew their visas in the U.S., companies can avoid the uncertainty that comes with temporarily losing a valuable employee as they attempt to get their visas renewed abroad.
Next Steps
In order to initiate the program, it must first gain approval from the White House. The State Department will then collect public comments on the program, and may alter certain provisions before submitting the initiative for final approval. The State Department plans on introducing a small number of applicants to the program at first, on a voluntary basis – if it sees success, it may expand to all H-1B visa holders.
The pilot is just one of the many immigration initiatives being introduced as we move into 2024. The Biden Administration’s efforts aim to ease immigration backlogs and help introduce more foreign talent into the U.S. workforce.]]>On Behalf of The Law Offices of Elsa Ayoub, P.L.L.C.https://www.ayoublawoffices.com/?p=481162023-09-25T18:54:57Z2023-09-25T18:54:57ZA recent study found that among AI researchers worldwide, the U.S. was the most desired destination to conduct their work. However, 69 percent of AI researchers residing in the U.S. reported that current immigration and visa policies add significant difficulties to foreign talent looking to conduct their research here.
Foreign talent is crucial for tech innovation
There is growing evidence that having more international talent leads to more innovation in a nation’s economy. The above study details the positive correlation between immigration and innovation – measuring trends in patent submissions, immigrant-owned businesses, scholarly works and more. Researchers also cite previous studies on the subject, including one that showed a 9-18 percent increase in patents per capita for every percentage increase in foreign-born college graduates.
Yet, while looser immigration policies and higher caps on high-skill visas are shown to have a positive effect on innovation, the U.S. has failed to address its immigration challenges. Meanwhile other countries, including Canada, have implemented measures to attract more international talent. In the growing battle for AI dominance, the U.S. may struggle to compete.
Is immigration reform on the horizon?
Immigration policy has been a hotly contested topic on Capitol Hill for decades. On several occasions, the Biden Administration has declared that it wanted to prioritize immigration reform, but there has been little progress among legislators toward coming to a compromise.
However, there is some light on the horizon. While no official reform is on the table, several Congressmen have laid ideas on the table, and representatives from various states are pushing the federal government to implement new immigration policy – especially surrounding highly-skilled work.
As U.S. immigration continues to recover post-pandemic, it seems inevitable that changes to the existing system will be made in the coming years. If implemented properly, these changes could set the U.S. up for success in the race for effective AI technology.]]>On Behalf of The Law Offices of Elsa Ayoub, P.L.L.C.https://www.ayoublawoffices.com/?p=474082022-05-23T18:51:40Z2022-06-07T18:36:44ZOf international students who chose to study in the U.S., the majority (42%) did so because of the prestige and reputation of American colleges and universities. In comparison, only 23% chose to study in the U.S. due to their interest in working here. Of respondents who planned on leaving the U.S. after graduation, 71% said that they would consider staying if employment was easier to secure.
The reality is, that despite interest in remaining in the U.S. after graduation, many talented graduates are leaving the country after they graduate. Poor immigration policy is certainly a contributing factor, but will the U.S. implement new policy to encourage international talent to stay?
The battle for foreign talent
The U.S. is not the only country contending for foreign talent. Previously, American companies were able to attract enough international workers to compete with other countries across the globe. However, that luster may be wearing off as other countries present better options for graduates seeking work.
Recently, the U.K. announced the Graduate route, a form of visa that allows graduates to remain in the country for several years to work or look for work. Canada has similar programs that make it easier to remain and work in the country after graduation.
Looking to the future
While the U.S. continues to drive international students into the country for their education, it fails to provide the resources for many of those students to find work after they graduate. The immigration system as a whole has been under scrutiny recently, and some wonder if the U.S. will pursue more lenient policy for talented young graduates who choose to stay in the country. Guaranteeing residency post-graduation, whether through a temporary visa or a green card, could help retain much-needed international talent.
As the 2022 midterm elections approach, many are looking to the current Congress and upcoming candidates to see what immigration reform options may be on the table.]]>On Behalf of The Law Offices of Elsa Ayoub, P.L.L.C.https://www.ayoublawoffices.com/?p=474062022-05-23T18:36:20Z2022-05-23T18:36:20Zan extension of up to 180 days for many expired work permits. This amount of time has recently been extended by an additional 360 days – giving many workers 18 months of leeway when waiting for their work permits to renew.
With applications taking as long as 9-14 months to process, the initial 180-day extension was simply insufficient for many of the applicants who were left waiting. The good news: Those who are still waiting for their renewal can also benefit from this extension retroactively.
Who is eligible for the extension?
This new policy applies to most people who have pending Form I-765 renewal applications as of May 4, 2022.
This includes those who applied previously and whose employment authorization has already lapsed after the initial 180-day extension. With the change in policy, DHS has been instructed to go back and restore employment authorization to those who have already lost it.
The 18-month extension comes to an end on October 26, 2023. At this point, the original 180-day extension will still apply.]]>On Behalf of The Law Offices of Elsa Ayoub, P.L.L.C.https://www.ayoublawoffices.com/?p=474022022-02-03T17:04:28Z2022-02-03T17:04:28ZImmigration changes in 2021
Some of the first actions the Biden administration took to ease immigration burdens involved reversing Trump-era policies and restrictions. In February and March, President Biden released several executive orders that lifted limitations placed by the previous administration – promising relief for H-1B visa holders, foreign workers seeking a visa, lower-income applicants and certain spouses and dependents of visa holders.
As the year progressed, the Biden administration opened several doors for more applicants to enter the United States. The International Entrepreneur Parole Program was re-introduced over the summer, resuming an Obama-era program that appealed to foreign entrepreneurs. In September, the U.S. government announced it would raise the refugee cap in the 2022 fiscal year from 15,000 to 125,000.
In addition to the above executive changes, U.S. Citizenship and Immigration Services (USCIS) has taken a range of steps to decrease backlogs and speed up processing times for applicants. While significant bottlenecks remain, the agency has noted that they have made progress in addressing these problems and expect to continue streamlining the system in 2022.
Despite actions the U.S. government has taken, however, there is still much work to be done. According to a Census Bureau report, net international migration to the U.S. was 247,000 between 2020 and 2021. This is a significant decrease from the 477,000 added from 2019 to 2020, and is much less than last decade’s high of 1,049,000 between 2015 and 2016. According to experts, this steady drop in immigration is a result of both COVID-19 travel restrictions and the restrictive policies the U.S. has implemented over the past several years.
Outlook for 2022
We can expect many of the improvements made during 2021 to be built upon in 2022. The exact outlook for 2022 depends largely on the future of the coronavirus pandemic and the actions taken by government officials. Some potential changes on the horizon may include:
Additional changes to the H-1B program. The Biden administration signaled that it will move forward with plans to adjust the H-1B program. The proposed changes include establishing new guidelines for employer site visits, as well as measures to redefine the relationship between employer and H-1B worker. New rules have also been proposed which could result in higher minimum wage levels for H-1B workers, though similar rules have been vacated by federal judges in the past.
Additional premium processing. USCIS has announced plans to expand their premium processing service to applicants for employment authorization and certain dependents of H-1B and L-1 workers who wish to amend or change their status. This could help alleviate backlogs for some groups of applicants.
Higher filing fees. One unfortunate change lies in the future fee structure for consulate and USCIS services. Some visa application fees at American consulates may rise in 2022, according to a proposed rule from the Department of State. Additionally, USCIS has announced hikes to petition and application filing fees set to take place in March.
Broader-scale immigration reform has been introduced to Congress several times over the past year, though it has been met with harsh resistance in every instance. However, we may see these efforts continue in 2022, which could allow for more significant fixes to the immigration system.]]>On Behalf of The Law Offices of Elsa Ayoub, P.L.L.C.https://www.ayoublawoffices.com/?p=473982023-07-05T17:43:32Z2021-12-02T19:20:52ZDetails of the lawsuit
H-4 spouses, as dependents of H-1B skilled workers, must obtain their own employment authorization to work in the United States. Some L-2 visa holders, spouses of L-1 workers, were previously also required to obtain authorization to work. This authorization is temporary, and workers must apply to renew their documentation once it nears expiration.
Eligible workers can apply to renew their work eligibility no earlier than 180 days before their current authorization expires. However, in recent years, applications were taking as long as 9-14 months to process. This meant that many workers were forced to leave their jobs while they were left waiting for their work authorization to renew.
As wait times grew and more workers felt the pain of the USCIS delays, a settlement was reached that allowed eligible H-4 and L-2 visa holders who have submitted their applications to continue working for up to 6 months after their current documentation expires.
What does the USCIS settlement mean for H-4 and L-2 visa holders?
If you have applied for new work authorization as an H-4 or L-2 visa holder, you will automatically receive a 180-day extension to your current employment authorization. This is effective immediately, though you will still need to submit your new application to receive this extension.
The settlement will also give L-2 spouses work authorization incidental to their visa status, allowing them to work as soon as they enter the country in L-2 status. This change will not take effect for several months, however, as new forms must be introduced. Until then, L-2 visa holders may still be required to obtain the necessary documentation to work.
Many challenges in the immigration system still remain
The worldwide coronavirus pandemic continues to have a significant impact on the U.S. immigration system. While the new administration desired to alleviate many of the issues creating the delays and bottlenecks, processing times remain high and the number of foreign workers living in the U.S. continues to drop.
Just this year, the number of H-1B workers in mathematics and engineering dropped 12.6% – the steepest decline in over a decade. Combined with the previous year, these professions have declined by 19% compared to pre-pandemic levels.
While foreign nationals in and outside of the U.S. continue to feel the impact of these delays, hope may still be on the horizon. Several restrictions set in place by the previous administration were allowed to expire in 2021, and immigration initiatives were put into place to increase the number of visa approvals.]]>On Behalf of The Law Offices of Elsa Ayoub, P.L.L.C.https://www.ayoublawoffices.com/?p=473862023-09-28T04:27:00Z2021-09-03T17:30:39ZWhat is an O-1 visa?
The O-1 visa is a nonimmigrant visa for those with extraordinary achievements or abilities in science, art, education, business or athletics. In order to be approved, the applicant must be planning to work within their area of extraordinary ability while in the United States.
O-1 visas allow foreign nationals to stay in the U.S. for an initial period of three years. You can then apply to extend your visa in one-year increments. There is no limit to the number of times you can apply for an extension, as long as you continue to do the same kind of work that was described in your initial O-1 visa application.
Many believe O-1 visas are reserved for renowned scientists, artists, musicians, movie stars and athletes. While this is true, the O-1 visa is also available to entrepreneurs and business owners who demonstrate extraordinary ability in their field.
O-1 visa requirements for entrepreneurs
Entrepreneurs must meet the same qualifications as a prominent scientist or artist – that is, they must demonstrate their extraordinary ability in business. This can include:
Awards or recognition in business or in your particular industry
Significant media coverage
Judging a business or startup-related competition
Receiving significant funding from investors or venture capitalists
As a businessperson seeking an O-1 visa, you can plan for several of these requirements ahead of time. If you plan on founding a startup in the U.S. in the coming years, you can seek media coverage or recognition in advance to ensure you qualify. Some investors would even be willing to commit to funding before you receive your visa, as many understand that you would need funding secured before you apply.
What other visa options are available?
O-1 visas are flexible and subjective, making them easier to receive for some entrepreneurs. However, this category does not work for everybody. If you are unable to prove your abilities or expertise, you will likely not qualify.
Some entrepreneurs have found success in applying for L-1 visas if they are employed by a related foreign business. Others apply for EB-5 or E-2 visas if they have significant capital to invest in U.S. business.
The best way to determine which visa you should apply for would be to consult a U.S. immigration attorney. Finding the best path forward to temporary or permanent residency requires a custom plan for your unique circumstances.]]>On Behalf of The Law Offices of Elsa Ayoub, P.L.L.C.https://www.ayoublawoffices.com/?p=473652023-09-28T06:07:45Z2021-06-17T19:39:53Zvariety of U.S. visa programs available for entrepreneurs and foreign business owners, it can be difficult to meet all the qualifications for a particular one. This program was designed to offer foreign entrepreneurs an alternative method to live in the U.S. and grow their business when they may not yet qualify for a visa.
Shortly after it was introduced, the Trump Administration paused the program and planned on scrapping it entirely. Just recently, the Biden administration opened the program back up, accepting applications once again from international entrepreneurs.
You must own a substantial share of a startup entity that was created in the U.S. within the past five years.
That startup must have the potential for rapid growth and job creation, and you must be prepared to play an active role in fostering that growth.
The startup must have received at least $250,000 in capital from U.S. investors OR at least $100,000 in awards or grants from U.S. government entities.
If approved, applicants will be granted an initial 30 months of temporary stay in the country. Applicants will then have the opportunity to extend their stay another 30 months if they show that their business is continuing to grow, create jobs and acquire investments.
The Department of Homeland Security reviews all applications on a case-by-case basis and maintains the right to revoke the parole at any time. They also may accept applicants who only partially meet the qualifications, as long as they provide compelling evidence of their business’s likelihood to succeed.
Is this program enough?
The parole program offers a simplified path for many international entrepreneurs to enter the U.S. and begin building and growing their business enterprises. The DHS estimates that approximately 2,940 entrepreneurs will be allowed in the U.S. under the program every year, providing much relief to the backlogged immigration system. The program also allows for the applicant’s dependents and spouse to temporarily stay in the country as well.
However, many question the long-term effectiveness of the program. Those who are accepted still have no path to permanent residency without first qualifying under an existing visa program. While the parole program is not perfect, it does offer an effective temporary solution until further immigration reform is implemented.]]>On Behalf of The Law Offices of Elsa Ayoub, P.L.L.C.https://www.ayoublawoffices.com/?p=473592023-07-20T13:49:47Z2021-04-21T20:18:19ZWhat Has Changed?
The June 2020 ban had stopped the issuance of H-1B visas for skilled workers, as well as H-4 visas for their spouses. It also affected applicants for L visas and J-1 visas. Now that the ban has lifted, foreign nationals are once again able to apply for these visas.
But while many are hoping for the visa program to pick up where it left off, we may be far from a return to normalcy.
Expect Delays, Even With Restrictions Lifted
While the application process has opened back up, there are still restrictions and roadblocks in place that could prevent applicants from making any actual progress. For example, some pandemic-related travel orders remain in effect, restricting many nationals from Brazil, China, Europe and South Africa.
Additionally, consulates may only be partially operational due to the ongoing pandemic and lack of funds. As of February 2021, there were nearly 500,000 immigrant visa cases pending and ready for interviews at these consulates – over six times as many as the year before.
The State Department has also stated that they will be prioritizing those seeking permanent residency, as well as fiancée and other family visas. Those submitting new applications for temporary work visas may have to wait months for their application to get processed.
What You Can Do To Prepare
If you wish to apply for entry to the U.S., or if your business is seeking to sponsor a foreign worker for entry, you will still want to act quickly to get all documentation and paperwork submitted. Be sure all information is accurate and you follow all correct procedures, as any mistakes could prolong the process even further.
For some businesses, remote solutions may offer some advantages as you wait for your employee to receive their visa. For unexpected and urgent business needs, you may request an expedited appointment, though the backlog for these may be substantial as well.
Lastly, continue to check for updates to U.S. immigration law and policy. We are still in the first months of a new administration, and many are hoping that more will be done to ease restrictions and backlogs over the course of 2021.]]>On Behalf of The Law Offices of Elsa Ayoub, P.L.L.C.https://www.ayoublawoffices.com/?p=473552023-09-28T06:08:56Z2021-02-25T19:37:19Zinternational businesses and work visas as well.
Changes to H-1B visas
One of the Trump administration’s final actions was to replace the H-1B lottery with a system based on wages. Critics say this move would hurt foreign workers with less experience, as well as smaller U.S. companies.
While Biden did not revoke this order, he did delay this change by almost nine months. Additionally, the new administration took steps to make it easier for certain spouses and dependents of H-1B holders to work in the U.S. as well. Per-country visa caps were also removed. These changes offer some hope for H-1B visa holders, applicants and U.S. companies who seek to bolster their workforce with foreign talent in 2021.
Removing some financial barriers
In many ways, the Trump administration’s immigration policy favored higher-income foreign workers to lower-income ones. The Biden administration has made it clear that they aim to make visas more accessible to these lower-income applicants.
White House officials have stated that the new administration plans to re-evaluate the “public charge” rule, which has allowed consular officials to deny visas to applicants they believe would need to rely on public assistance such as food stamps. They also announced plans to reverse a Trump-era policy that denied visa applications from those they believed would be a burden to the U.S. labor market or health care system. These changes should make it easier for companies to bring in more foreign labor, regardless of income level.
Revoking “Buy American and Hire American” order
In 2017, the Trump administration signed the Buy American and Hire American order, which led to a steep increase in denials for visa applicants in the years to follow. The policy also made it more difficult for employers to request extensions of stay petitions for their workers.
On January 25, 2021, Biden revoked this executive order and replaced it with a new one, titled “Ensuring the Future Is Made in All of America by All of America's Workers.” This new order is meant to continue to support American business and U.S. workers while removing restrictions that led to so many denials for foreign workers over the past few years.
Future changes to immigration law
The Biden administration can only make so many changes to the immigration system through executive action. But future changes seem likely through legislative means.
Within his first days as president, Biden passed along his version of an immigration bill to Congress. The bill seeks to embrace diversity in immigration and strengthen our economy by streamlining the application process for employers and skilled workers. These changes depend largely on legislators, so it may be some time before the immigration system sees larger reform.]]>