Is H-1B Visa suspended till December 31 2020?
A new executive order issued on Monday afternoon said H-1B, H-2B, J, and L nonimmigrant visa programs will remain suspended till December 31, 2020, as they present “a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the covid-19 outbreak.”
What is L1a and L-1B visa?
L-1A and L-1B visas are available for temporary intracompany transferees who work in managerial positions or have specialized knowledge. L-1A and L-1B visas may be issued when an employer files a petition to obtain authorization for qualified employees to be allowed to work and live in the United States.
Why did my L1 visa get denied?
The USCIS mainly issues an L1 denial when they have reason to believe that the employee transfer may be fraudulent. One red flag for this is if your duties do not match your position title. This means that simply having the word “manager” or “executive” in your title does not automatically qualify you for an L1 visa.
Can a L-1 visa be adjusted to permanent resident status?
Adjusting your L-1 visa to permanent resident status comes with several benefits, including the right to sponsor your relatives for green cards. For many nonimmigrant visas, there is an annual quota of the number of visas that can be issued in a year. For example, the standard H-1B category has a limit of 85,000 per year.
Why are L-1 visas denied?
The assessment standards for the U.S. work visa requirements are being raised to ensure that resident workers are favored over foreign job applicants.
What is an L-1 visa?
The L-1 is a nonimmigrant visa that allows multinational companies to send managers, executives, and employees with specialized knowledge to an office or affiliate in the U.S. It comes with a host of benefits such as dual intent, no annual limit, and no educational requirements. On top of that, an employer can file an L-1 blanket petition for multiple employees at once rather than file each one individually. It also allows these workers to travel to the U.S. to establish a new office or branch in the country.
What is a business plan for L-1 visa?
As an L-1 visa sponsoring employer, your business plan is one of the things the USCIS will scrutinize to make a decision on the petition. This is why it is recommended to have a flawless L-1 business plan. That said, having a plan won’t just be enough, the details in the plan must correspond with the present reality of the business. For instance, if there are exaggerated business growth projections that do not reflect the standards in your industry, this may stand as a red flag.
What to do if you get denied a L-1 visa?
under that same company. Always be sure to work very closely with a qualified immigration attorney after an L-1 denial in order to determine your options and to ensure that you are making the correct legal decisions.
How long do you have to work to get a L-1 visa?
In fact, the only major requirement is that the beneficiary needs to have worked for the company for at least one full year in the three years that precede the petition filing. However, despite all of these benefits, the L-1 is not the easiest work visa to obtain. This is because the USCIS is becoming stricter with who qualifies as a manager, executive, or employee with specialized knowledge.
What happens if you don't include supporting evidence in your L-1 application?
If you fail to include an important document or give incorrect information at any stage of your visa application, that may lead to your L-1 visa denial. Some errors you will need to carefully avoid include entering an incorrect job title or job descriptions, using an inappropriate delivery method, or sending your visa application to the wrong address.
What is the difference between an O-1 and an L-1 visa?
Compared to another highly beneficial visa, the O-1 Extraordinary Ability Visa, the L-1 visa has fewer requirements. While the O-1 category has a longer list and more stringent eligibility requirements, the L-1 only requires you to demonstrate specialized knowledge or be a manager or executive of a multinational company.
Who is NOT Affected?
Visa holders already in the United States are not affected by this order.
Extension of April 22, 2020 Proclamation
Furthermore, this proclamation extends a previous proclamation (dated April 22, 2020) suspending the entry of immigrant visa (“green card”) applicants. For a full discussion of this prior proclamation, see our article here.
Are Additional Restrictions for Those in the U.S. Possible in the Future?
Yes.
Foreign Nationals in the U.S
Q: I currently have one of the following visas (H-1B, L-1A, L-1B, J-1 or their dependents) and I am in the UNITED STATES. My non-immigrant visa is still valid. Can I travel and return to the U.S.?
Foreign Nationals Outside the U.S
Q: I am outside the U.S. but I’ve already been issued my nonimmigrant visa stamp in my passport. I was planning on going to the U.S. next month. Can I go to the U.S.?
Exceptions
Q: Do any of the exceptions listed in the Proclamation (i.e., entry would be in the “national interest” or facilitate “continued economic recovery”) apply to me?
Comments by Sanwar Ali
Around the World a combination of restrictive policies by Donald Trump and the coronavirus COVID-19 pandemic have severely limited entry to the US. You can still apply for US work based visa petitions at USCIS service centers in the US, such as the L1 visa and O1 visa, and depending on the situation with the quota the H1B visa and H2B visa .
US companies affected by Trump work visa ban
Trump’s controversial ban on US employment-based visas, including those in the H1B, H2B, J1, O1 and L1 visa categories, is likely to affect many multinational organisations who want to bring Israelis and nationals of other countries to the US. Israel has approximately 320 multinational research and development centers, some of which are in the US.
Israeli tech firms affected by US visa situation
The Economy and Industry Ministry in Israel estimates that there are 1,200 Israeli tech firms with a presence in the US, most of them startups. Valid US visas currently used by Israeli startups in the O1 and E1 and E2 categories have not been impacted by Trump’s work visa ban.
Big tech firms recruiting Israelis
In recent years, major technology firms like Apple and Facebook, have recruited more Israeli managers and engineers under the L1 visa scheme, which is reserved for professionals with specialized knowledge. Trump’s US work visa ban has been described as a ‘major blow for multinational companies with operations in Israel.’
Workpermit.com can help with US employment-based visas
If you would like to apply for a US work visa – including L1 visas, E2 visas, O1 visas and H1B visas - Workpermit.com can help.
When is the US immigration suspension?
Labor Market Following the Coronavirus Outbreak suspended "entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas" from June 24, 2020 until March 31, 2021: ...
When did the H-2B visa expire?
Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program), and L nonimmigrants, expired on March 31, 2021. Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications ...
When was the immigration proclamation 10014 issued?
Section 1 of the proclamation related to the effective dates of another proclamation, Proclamation 10014 of April 22, 2020 titled Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. That proclamation suspended entry of certain new immigrants who do not already have an approved immigrant visa.
Does the H-1B visa proclamation apply to immigration?
Under a plain reading of this language: The proclamation did not apply to immigration benefits available to individuals inside the United States, such as change of status to H-1B;
Is NAFSA legal advice?
NAFSA note: Individual circumstances can vary, as can the interpretations of consular officials and immigration inspectors. This NAFSA page should not be construed as legal advice. Individuals who need advice on whether the proclamation applies to them or their families in order to make decisions on traveling to or from the United States should be encouraged to seek the advice of an experienced immigration lawyer.
Does the Proclamation apply to a visa?
The proclamation did not apply to individuals seeking entry on a visa type not listed in the proclamation. For example, it did not apply to entry on an F-1 student visa, or a B-2 visitor visa, or to entry on a J-1 visa to participate in exchange categories other than those listed.
Is a Canadian visa required for a plain reading?
Since Canadian citizens are generally exempt from the visa requirement, they were also likely exempt from this proclamation under a plain reading because they are not "seeking entry pursuant" to an H, J, or L visa. The American Immigration Lawyers Association (AILA) issued a practice alert (AILA Doc. No. 20062436 Dated June 24, 2020) saying that its CBP-OFO Liaison Committee confirmed this plain-reading interpretation with CBP HQ.
When does the visa ban expire?
The ban had been set to expire on December 31, 2020.
When will the immigration ban end?
The ban had been set to expire on December 31, 2020. The extension of the suspension continues Trump’s hardline stance on US immigration and now passes on responsibility to President-elect, Joe Biden, to decide whether the ban should continue or be lifted when he takes office on 20 January.
Why did Trump refuse asylum?
Under the same guise of ‘containing coronavirus’, the Trump administration also moved to immediately refuse asylum to people who had crossed the US border with Mexico illegally, claiming that it was justified because it helped to prevent the spread of COVID-19.
When will the US extend the green card ban?
Outgoing US President, Donald Trump, has extended his controversial US work visa and green card ban until March 31, 2021. You can still submit petitions for example for L1 visas and certain other visas to USCIS Service Centers.
Who ruled that the green card ban could not be enforced against families of 181 US citizens and legal residents who?
Meanwhile, in December 2020, US District Judge of Oakland, California, Edward Chen – appointed by former US President Barack Obama – ruled that the green card ban could not be enforced against families of 181 US citizens and legal residents who had sued.
Is Biden's transition team planning to ban the green card?
Biden’s transition team has given no indication of its plans for Trump’s US work visa and green card ban. The controversial ban was first imposed in April and the renewed in June amid pressure from anti-immigrant groups, who claimed that it was ‘unfair’ for immigrants to have the opportunity to apply for jobs badly needed by American workers who ...
Who is the US District Judge for the Trump visa ban?
In October 2020, George W. Bush appointed US District Judge, Jeffrey White, ruled that Trump’s work visa ban could not be enforced against groups, and their members, who sued the administration over the ban, ...
Establishing New Offices
L-1A Classification
- The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. Your e…
to Qualify, You Must
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and
- Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
L-1B Classification
- The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowle…