Voice of Immigration: Recent Episodes
OnlineVisas.com
We take an in-depth look at the changing immigration policy and explore the different types of U.S. visas, the processes involved, and the best practices/strategies that lead to a successful case.
Dr. Korrapati speaks about evaluating jobs and education equivalency when applying for a visa to work in the USA. They also address some of the issues currently being faced after the ITServe settlement and how to overcome them.
Dr. Raghu Korrapati has served in key management roles in India and the USA. He is distinguished by his enthusiasm for teaching, vast learning, and bringing unbridled enthusiasm to all of his engagements.
If you have any immigration questions you would like to see answered, share them in the comments below or check out OnlineVisas.com for the latest in immigration news.
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**Disclaimer: The information provided on this channel is for general information purposes only. It should not be construed as a communication of legal advice or opinion, nor does it create an attorney-client relationship. We respond to your comments only as "OnlineVisas." Any other responses on the channel you receive are from YouTube users not associated with OnlineVisas and Jon Velie.
Alexander Magleby is the CEO of the professional rugby union team, the New England Free Jacks. Magleby is a former professional rugby union coach, and former United States national team player and captain.
The Department of State has updated its guidelines for admitting L-1 and H-1B visa holders into the U.S. If you're an employee holding either an L-1 or H-1B visa that is currently out of the country and looking to resume employment with the same employer, you will be able to re-enter.
If your H-1B was approved by LCA before July 2020 there is a possibility you can enter, if you can prove that your job needs to be done from inside the country. Plus, a few other changes that could help you get back into the U.S. Learn more about the recent exemptions for L-1 and H-1B visa holders looking to re-enter the U.S.
Check out OnlineVisas.com for the latest in immigration news.
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Peter Zhmutsk was born and raised in Kazakhstan and obtained an O1 visa from OnlineVisas to live and grow his career in America. Take a peek into Peter's cool career working in Hollywood and how we at OnlineVisas have been apart of his story.
SIGN UP FOR OUR FREE WEBINAR ON HOW TO GET AN O-1/EB-1 IN SPORTS
Check out OnlineVisas.com for the latest in immigration news.
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- Follow Jon Velie
**Disclaimer: The information provided on this channel is for general information purposes only. It should not be construed as a communication of legal advice or opinion, nor does it create an attorney-client relationship. We respond to your comments only as "OnlineVisas." Any other responses on the channel you receive are from YouTube users not associated with OnlineVisas and Jon Velie.
If F-1 visa holders cannot take their usual full-time, in-person classes, they will need to exit the U.S.A. and return to their home country or transfer to a school that is operating with normal in-person classes. F-1 or M-1 student visas will not be issued or permitted into the country by the U.S. Customs and Border Protection. Some schools will be implementing a hybrid model that will include in-person as well as online classes. These schools must certify to SEVP, through the Form I-20 and ensure that students meet the minimum requirement of in-person classes.
USCIS will furlough over 13,400 employees in 30 days if the Congress doesn't authorize any emergency medical funding asking for $1.2 billion as well as a 10% surcharge on all applications that have yet to be approved. The U.S. Immigration Agency believes it will run out of money due to the COVID-19 pandemic. They also believe that the number of applications will decrease by 61% by the end of the year. If furloughed, the application processing time will be prolonged as 70% of the workforce is looking to be cut by August 3.
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Jon Velie, CEO of OnlineVisas, chats with Bobby Hacker who is the President of the Sports Lawyers Association. Sports Lawyers Association is a national organization of sports lawyers with annual conferences, podcasts, virtual online events and more. Bobby Hacker is the owner of Robert A. Hacker Attorney at Law + Sports Media Consulting. He works at FOX Sports for over 18 years as the Vice President of Business and Legal Affairs.
We discuss changes to how the employer-employee relationships is determined and the shortened approvals for H1B visas. How the ITServe settlement invalidated itinerary regulation, specialty occupation and the model for how immigration denies cases.
- USCIS and ITServe settlement rescind the 2018 Contracts and Itinerary memorandum in its entirety.
- USCIS also agreed to reopen and adjudicate individual agencies' decisions on H-1B adjudications that were subject to the ITServe Alliance lawsuit.
- Current regulatory language requiring the employer to provide an analysis of the employer-employee relationship under common law.
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USCIS will no longer issue H1-B visas with validity periods shorter than the time period requested by the #H1-B petitioner without explanation.
- The path immigration could take.
There are 6 significant things that have happened so far in 2020:
- The Executive Order of President Trump suspending the entry of H-1B visas from outside the US, with exceptions for certain types of H-1Bs
- The ITServe vs. Cissna and other Federal cases that held USCIS memoranda of 2010 and 2018 were invalid under the Regulations.
- The Settlement Agreement between USCIS and ITServe indicating the Memoranda would no longer be used.
- The new Policy Memorandum of June 17, 2020. Analysis of what it changes and as importantly what is still at issue.
- COVID-19 Pandemic
- Public Charge Issues
Learn how you can still win an H-1B visa after Trump's immigration ban by watching this in-depth video from Jon Velie of OnlineVisas. Even after the President's latest proclamation, there are still ways to obtain an H-1B visa in 2020. If you would like to win an H-1B visa after the ban, please contact us at OnlineVisas to discuss your options.
1:35 - Does the H-1B, H-2B, L-1 and J-1 ban apply to extensions, amendments and change of status after the Trump Immigration Ban?
2:44 - Can I enter if I am out of the country, but my H-1B, H-2B, L-1 visa or J-1 visa has been stamped into my passport after the Trump Immigration Ban?
3:02 - My H-1B, H-2B, L-1 or J-1 visa is approved but only stamping left, can I still enter the US after the Trump Immigration Ban?
3:45 - Can I change from H-4 to H-1B after the Trump Immigration Ban?
4:20 - Can I change from a visitor visa to an H-1B, H-2B, L-1 or J-1 visa after the Trump Immigration Ban?
4:48 - What are some of the visas I can still enter the US after the Trump Immigration Ban?
8:33 - If I am on an ESTA Visa Waiver, can I change to or come in on an H-1B, H-2B, L-1 or J-1 visa after the Trump Immigration Ban?
9:02 - Does the Trump Immigration Ban impact the H-1B lottery for those selected for 2020?
9:45 - My husband is on an H-1B, can I enter on an H-4 after the Trump Immigration Ban?
9:53 - Does the ban remove Employment Authorization from H-4 visa holders after the Trump Immigration Ban?
10:10 - Does the ban preclude entry on an F-1 OPT after the Trump Immigration Ban?
10:20 - Can I still work on an OPT after the Trump Immigration Ban?
10:29 - Is the after the Trump Immigration Ban also for marriage visas?
10:54 - How long is the after the Trump Immigration Ban?
11:10 - Can you adjust status from a visa to a Green card after the Trump Immigration Ban?
12:08 - What J-1 visa types cannot enter the US after the Trump Immigration Ban?
12:29 - What J-1 visa types can still enter the US after the Trump Immigration Ban?
12:57 - What may be in the requested regulations the Trump Immigration Ban requested of US Agencies?
As of June 22, 2020, the #H1B, #H2B, #L1, #L2 and #J1 non-immigrant visas will be temporarily banned in an attempt to help restart and lower the historically high unemployment rate of 13.3% due to COVID-19 in the USA. Jon Velie, CEO of OnlineVisas, shares the details of Trump's new Executive Order stating the ban on H-1B and 3 other non-immigrant visas in the USA. He breaks down all the need to know information in this proclamation including which industries may be the most affected.
In the newest proclamation from Trump, it is reported that 20 million people have lost jobs industries that are requesting H-1B and L-1 visas for their employees. Trump would like to lower the unemployment rate and get American's hired in these industries first before approving new non-immigrant US visas. The executive order is short, missing some details. Jon Velie, expects there to be more regulations to come down the pipeline which may include heavy fee increases for future non-immigrant visas. Get the details by watching this video and subscribe to stay in the loop of more breaking immigration news.
More info on Trump banning H-1B, H-2B, L-1, L-2 and J-1 Visas
OnlineVisas.com for the latest in immigration news
Upload H-1B Denials and RFEs to see if we can do better!
Often, since companies aren’t in the immigration industry, they either do not know about the changes or do not know how to change what they are doing. Companies end up submitting the same sort of cases as before, and it just doesn’t work.
We analyze the policies, the regulations, and write briefs. We go over, with companies, how they decide the job title and description. Then we look to see whether they meet the qualifications regarding pay and duties. If we can see how they've done it before, we can tell them how we would do it and if that would be better.
We're using different techniques to comply with the new policies. We're taking approaches that highlight and dig into the real evidence.
We can put our experience to work for you by evaluating your process, RFEs, and denials to determine if OnlineVisas.com can do a better job. Then we'll follow up with a free strategy session and show you how to get more approvals.
We have created as a framework that addresses the five primary reasons for rejections.
We team up with the HR department or whoever is in charge of hiring to help them improve their immigration processes.
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Labor Certification process in a nutshell:
The EB2 Visa (or EB2 Green Card) – Employment-Based “Exceptional” Ability or Advanced Degree Permanent Residence (Second Preference).
The EB3 Visa is a permanent residence US visa/Green Card for “Skilled, Professional, or Other Workers.” There are three routes to qualification:
- Establishing the Prevailing Wage
- The Labor Certification Process
- Job Requirements and Supporting Evidence
- Certifications
- Standard Vocation Preparation (SVP) Rating
- Filing the Labor Certification form DS989 and the I -140
- Priority Dates and the Backlog
- Putting it all Together
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We've developed something that has radically changed the practice of law, in particular, immigration law. We continue to evolve our platform to meet the changing immigration landscape and growing demand.
- Strategizing with OnlineVisas
- The Briefing Process
- Our Technology and Success Rate
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Employers hire unauthorized people many times without any knowledge of an employee's real legal status. However, there are measures business owners can take to ensure employees are authorized to work in the US.
- How to start creating a compliant work place.
- Actual vs. constructed knowledge of work authorization.
- I-9 audits
- Raids vs. site visits
- Working with I.C.E.
- Corporate Immigration Compliant programs
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In this episode, we discuss the ins and outs of bringing business, investments and people to the United States.
We cover: * The L1 visa and how it can lead to the EB1-3 Permanent Residency Visa. * EB5 investment projects and changes. * How to get an EB-3 and navigate the PERM or Labor Certification Process.
Plus, how to develop a comprehensive immigration plan so that your company can hire the people it needs from around the world.
We go through different visa options with the company. For example:
- The H3 for training programs.
- The J1 for trainees or interns.
- The TN can be used for Canadians or Mexicans - that is a treaty NAFTA visa.
- There are some exceptions to the H1B cap, the H1B1 for Singapore and Chile.
- The E3 for Australians and maybe the Irish.
- An E2 if someone wants to own a company or be an essential employee of a company that has foreign ownership.
- The L1 as an option as well.
What is happening at USCIS is a philosophy change that is a catalyst for structural change.
“Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!” The Statue of Liberty-Ellis Island Foundation, Inc.
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5 Key Points from the new EB-5 Regulations:
- Increase in the minimum Targeted Employment Area (TEA) investment from $500K to $900K.
- Increase in the minimum non-TEA investment from $1M to $1.8M.
- TEA's will be centrally designated by the Department of Homeland Security.
- TEA's will only be able to include "directly adjacent" census tracts to the census tract of the project.
Effective Date: November 21, 2019 - Any I-526 petitions filed before this date will be grandfathered under the current rules and lower investment amount of $500K for TEA projects
There are several U.S. visa options available for entering the U.S. as an artist or entertainer.
O1-B:Extraordinary Ability Visa
P1-B Visa: for Entertainment Groups Recognized as Outstanding
P3 Visa: for Culturally Unique Artists or Entertainers
Touring in the U.S. and Issues with the B1 Visitor Visa
The Changing Landscape of Immigration
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There are four distinct categories of visas for the tech industry:
1) H1B for temporary or non-immigrant professional workers with specialized/technical knowledge.
There are two types of Green Cards that the H1B can lead to:
- EB2 for advanced degree professionals.
- EB3 can be for either skilled or unskilled workers.
2) O1 – Extraordinary Ability
- EB1-1 visas are the Green Card equivalent of the O1 visa but with higher standards.
3) L1 is an intra-company transfer work visa.
- EB1-3 is the Green Card that the L1 will lead to. It is for multinational executives or managers.
4) Investor Visas
- E2 Treaty Investor Visa is part of the family of U.S. visas that are available to citizens or national of one of 30+ countries that have trade treaties with the United States.
- EB5 Investor Visa requires an investment of $1 million or more.
What is the Labor Certification Process?
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The criteria for obtaining a U.S. visa has gotten significantly more difficult and sports immigration is feeling the heat. Successful sports immigration attorneys have had to rise to the challenge and become even better.
O1 Visa: Extraordinary Ability .
P1 Visa: Entertainers and Internationally Recognized Exceptional Athletes.
H2B Visa: may be used for a wide variety of seasonal industries.
H1B Visa: can be used for a coach, administrator, or management level person in some circumstances.
There are two visas that can be used if the athlete wants to remain in the United States permanently.
EB1: Exceptional Ability Green Card
EB2: Employment-Based Exceptional Ability Permanent Residence (Second Preference).
EB3: Skilled, Professional, or Other Workers – visa/Green Card for
EB5: Immigrant Investor Visa
Athletes may also wish to enter the U.S. for a single competition or tournament in which the B1 or B2 Visa can be used.
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- The Role of Education in Immigration
- STEM, IT, and the American Economy
- When U.S. Employers Have Unfilled Jobs
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[Watch The Immigration Show]
History of DACA
John Lennon’s Deportation Proceedings
Leon Wildes and The Deportation Battle
Lennon, Obama and the Legal Basis of DACA The Future of DACA
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How Melania got into the U.S.
About the EB1 Considering the Evidence
Meeting the Criteria
Quantifying Extraordinary ability and Awards
Elite Membership Major Press and Publications
Bringing in the Experts
Did Melania ever work illegally?
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Find the Complete Guide to Mastering the EB1 Visa.
Cuccinelli’s hardline stance on immigration, amongst other things, is stirring up controversy.
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Donald Trump signed off on White House Advisor, Jared Kushner’s immigration plan and turned it over to Senate Republicans.
The specifics of the immigration plan are supposed to be unveiled any day, and we expect it will have two parts:
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Border Security: We can assume that the program will include stricter and tougher border security measures that may involve the use of enhanced technology.
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Immigration Reform: Donald Trump has signaled for a shift toward merit-based immigration, similar to the Canadian model that has been adopted by New Zealand.
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