The backlogs at USCIS have been the subject of constant complaints and conversation in the immigration community. Clients call attorneys, send emails, and routinely ask when their case will be adjudicated. Clients are frustrated by the delays and attorneys are at a loss to predict the time it may take for any case to be completed.

The truth has been elusive, however, as a long-time practitioner I often tell clients that a standard green card case used to take 5 months to process “before the Trump Administration.” This benchmark, “before the Trump Administration,” has been a constant refrain as lawyers try to explain to clients how the delays are new, and the future is unclear.

On August 18, 2021, the GAO published a report, “U.S. Citizenship & Immigration Services: Actions Needed to Address Pending Caseload,” that essentially pulled back the curtain and provided us with some data, evidence, and guidance on how these delays started. The report detailed how USCIS has the exact same case load, about 9-10 million cases per year, but now has much longer delays.

The report states that USCIS processing delays have grown over 85% from 2015 to 2020. That means case processing has essentially doubled! This doubling in case processing times happened during the Trump Administration and has not yet been rectified.

What are the Reasons?
One reason for the delays identified by the GAO has come from new longer forms that request more information. While these forms gather more information, USCIS implemented the data heavy forms without hiring new staff. This means that the same number of staff are doing work which might take twice as long. Keep in mind that updated USCIS forms are released almost every six months as it appears that USCIS is on a mission to change and update forms constantly. This means that future delays are almost certain.

Another factor identified the GAO is the employee attrition rate, which is not corrected by new hires. In fact, the hiring process at USCIS and in my experience all of DHS can take forever. Keep in mind that an FBI background check is required along with credit checks and work history review.

Here’s the catch – a lot of immigration is political. During the Trump years the emphasis moved to political agendas such as the border and enforcement. As a result of the constant fear mongering from the Trump administration a media circus developed at the border. The Trump Administration then sent staff from across USCIS to the border to engage in credible fear interviews. A second, less well-known fact was the development of a USCIS enforcement priority team that assisted US ICE in identifying individuals for deportation.

Another policy change was the implementation of more RFE’s for clients in every type of case. The deluge of RFE’s and RFE responses caused a huge, new workload for USCIS staff.
The policy of more RFE’s was implemented under Trump and has recently been thrown out.

Both polices were new and removed critical resources from USCIS and the main mission to process immigration cases. In this way, the Trump administration broke immigration. Those diverted resources created conflicting agendas, and generally disrupted USCIS such that major delays were created and now remain as part of his legacy.

The GAO report does it’s best to tamely give us some insight into the changes and problems at USCIS. The new Administration must take on these changes and get this agency back on track.

Citations
U.S. Government Accountability Office. (2021, August). United States Citizenship &
Immigration Services: Actions Needed To Address Pending Caseload. (Publication No. GAO-21529). Retrieved from https://www.gao.gov/assets/gao-21-529.pdf

Author: Sumeet Lall, Esq.
Editor: Marisa Chavez

As the Budget Reconciliation vote gets closer it is imperative that stakeholders in the employment immigration system pick up their phones and start calling Congress. As of today, there is a small contingent in Congress who have recognized the need for new legislation to address the green card backlog and the need for a fix to the broken immigration system.  This group needs support from stakeholders to push this agenda forward.

As recently as last year several sources found that STEM companies were one of the single most recognizable elements driving the U.S. economy. In fact, one study found that 67% of U.S. jobs and 69% of the nation’s GDP (gross domestic product) are supported by STEM employers and STEM jobs, showing that this segment of the U.S. economy accounted for $2.3 trillion in federal tax revenue annually.  Additionally, STEM jobs are a high growth sector for new employment – many of these jobs are for skilled labor, individuals who do not have a bachelor’s degree. The Department of Labor has noted that the STEM positions pay higher wages and have more growth opportunities.

With the growth in this sector the U.S. has had to seek out talent from around the world.  Today the majority of STEM based foreign nationals living and working in the U.S. are from either India or China. These employees work for U.S. companies in a vast array of positions, from technology to health care to business. Most of these employees work under the H1B visa and have a long waiting period to obtain legal permanent residence.  The H1B system itself offers 85,000 visas each year to an applicant pool of almost four times that amount.  The annual lottery therein leaves out many qualified and skilled potential employees who have offers from U.S. companies.  Meanwhile the law has country limitations for legal residence, leaving long lines for India and China two countries that supply many of our STEM employees.

Let’s face it the current situation for H1B Visas and Indian nationals is untenable as they are forced into a system that doesn’t provide a reasonable path to residence.  Indian nationals make up a big group of employees who have been unfairly subjected to long waiting periods, well over ten years to obtain residence.  Public policy should consider the general fact that we want students who are educated in the United States, who then find U.S. employers to find a fast process to residence.  It simply makes sense.  Think about it, when college educated individuals get jobs in the U.S., they effectively enter the middle class, pay taxes, and contribute to society – it follows that they should also have a quick and reliable path to legal residence. Not a lottery system for visas and a residence process with interminable long waiting periods.

Ways to Fix the Backlog?

One idea floating around is an amendment to the Registry Law. This idea was first noted by David Bier, from the Cato Institute.  This Registry Law currently states that any individual who can prove they were present in the USA since January 1972, is eligible for a green card. The new proposal would amend Registry so that the active date will be 2011.  This law would include individuals who are on the H1B program who would qualify based upon physical presence since 2011.  While this proposal does not address the country specific backlog it is a way to amend a law that we have today and allow individuals who are both in-status and those without status to reap a huge benefit.  From a political viewpoint this might be enticing for different members of Congress who want to appeal to different groups.  The overall appeal is that it would be a quick political fix since it is a small amendment to an existing statute.

The Reconciliation Bill is coming for a vote on September 27, 2021.  This bill has specific rules attached to it such that it has a very high chance of being passed by both the House and the Senate.  Today several immigration plans have been floated as potential new laws to be included in the Reconciliation Bill – the Fairness in High Skilled Immigration Act from 2020 has been discussed along with a general amnesty and the Registry amendment.  While there are many possibilities it is crucial that you act by getting on the phone, so you can talk to your Representatives in Congress to explain your support for changes to legal immigration.

In Congress they have aides assigned to answer the phone so that they can track topics and provide information on what people in the district are thinking.  The point is that it works to call your Representative and Senator to tell them what you think.  It gives them an understanding of what people are thinking and influences how they vote.  Keep it short, make a good point and let them know that you want a change to the legal path to residence.  Find the number to contact your Senator or Representative at the websites listed below.

www.senate.gov

www.house.gov/representatives

Citations

Bier, David J. “Reforming the Immigration System: A Brief Outline .” Cato.org, CATO Institute, 11 Nov. 2020, www.cato.org/study/reforming-immigration-system-brief-outline. 

McEntee , Chris. “STEM Supports 67% of U.S. Jobs.” Eos, AGU News , 28 Jan. 2020, eos.org/agu-news/stem-supports-67-of-u-s-jobs. 

Table 1.11 Employment in STEM occupations, 2020 and projected 2030. (n.d.). [Table]. U.S. Bureau of Labor Statistics. https://www.bls.gov/emp/tables/stem-employment.htm

Author: Sumeet Lall, Esq.Editor: Marisa Chavez

When President Biden took office in January 2021, pro-immigration advocacy groups encouraged him to immediately reverse former President Trump’s ban on “guest workers” entering the U.S., which was put in place the previous summer. But, perhaps not wishing to anger his allies in organized labor who favored the restrictions, Biden instead let Trump’s ban on the foreign worker visas simply expire, as scheduled, in March 2021. Now that the ban has been lifted, what does that mean for companies and foreign workers?

The History of the Trump-era Worker Visa Ban

President Trump issued an executive order in June 2020 to put restrictions on guest worker visas, as the COVID pandemic was in full swing, under the premise of encouraging economic recovery and helping boost domestic employment. The idea, according to his administration, was to help control COVID, and also to preserve jobs for American workers as unemployment was increasing nationwide.

The ban limited H-1B visas for skilled professional and technology workers and H-4 visas for their spouses, H-2B visas for seasonal workers such as those in landscaping, construction and hospitality, L-1 visas for managers and executives being transferred to the U.S., and J-1 visas for summer interns, trainees, and work-study students.

The ban was supposed to be in effect through December 2020, but President Trump extended it in his last days in office to expire, instead, on March 31, 2021.

Outcomes and Consequences of the Visa Ban

While the guest worker visa ban was meant to encourage American companies to hire American employees during the COVID-caused economic slowdown, what many companies found was that there weren’t enough qualified (or willing) domestic applicants to fill their open positions. For tech companies who hire many H-1B visa-holders, it meant that they had to leave positions unfilled for months, and put some projects on hold. Those companies have found that there simply aren’t enough domestic STEM graduates (and professionals) in the U.S. to meet the hiring demand. Research has shown that the visa ban had the unintended effect of sending these jobs abroad, instead.

Similarly, companies that hire temporary and seasonal workers (affected by the H-2B visa ban), including those in landscaping and tourism, have found that there hasn’t been a rush of domestic applicants for open positions. Many of these companies have seen that native-born job seekers simply don’t want those jobs. And, since there is still a high demand to hire for these jobs, many people are crossing borders illegally, unfortunately, to accept these positions who might otherwise have sought legal means to enter the U.S. to hold these jobs.

Indeed, while the Trump administration insisted at the time that the ban would save over half a million American jobs, most of the layoffs that occurred during the pandemic were in industries that don’t employ many foreign workers who’ve entered the U.S. with a work visa. The ban likely did little to lower American unemployment.

What Happens Now that the Ban Expired?

It still might be awhile before visa processing at U.S. Consulates gets back to normal. Due to so many immigration and visa restrictions put in place during the former presidential administration, there is a backlog of applicants. Still, since President Biden has allowed the visa ban to sunset, and the State Department has taken steps to speed up visa processing, there is hope again when applying for one of these foreign worker visas.

If there are any questions about the recent changes to the regulations regarding foreign worker visas such as H-1B and H-2B visas, please contact The GIG Law Firm.

A recent article by Forbes investigated how the new administration could affect declining international student enrollment at U.S. universities. Surveys showed that the enrollment of new international students declined by 43% in Fall of 2020 mostly due to issues surrounding COVID-19. There has also been a series of Trump administration policies that have made education in the U.S. much less attractive to international students. Surveys also reported a 72% drop in the new enrollment of international students physically in the United States.

Universities claimed that new plans for international education and employment-based immigration brought forth by the Biden administration could reverse the trend.

Will Enrollment Improve Before Spring Semester?

Alan W. Cramb, president of Illinois Institute of Technology, touched on the risks universities face should the pandemic prevent students enrolled in Fall 2020 from coming to U.S. campuses for the Spring 2021 semester in an interview. While some consulates are said to be opening for visa interviews in India and Europe, there will still be difficulty and they may close down again. 

Will News of the Vaccine Help Enrollment?

Cramb also expressed the promise of the vaccine in the interview, noting “This will make a difference eventually and we all hope that Fall 2021 could be more normal – if there will be a more normal situation in the future.”

Compounding a Trending Decline in the U.S.

Even before the coronavirus pandemic, the Forbes article touched on how the United States had fallen behind other countries in attracting international students. For four consecutive years, U.S. universities saw a decline in new enrollment of international students compared to Canadian universities which saw an increase before the pandemic. 

How Will Policies from the Biden Administration Help?

The article explained how certain policies from the Biden administration could reverse the U.S. decline in international students, including the following options:

• Rescinding the Trump administration’s proposed rule to limit study in the U.S. to fixed periods of admission
• Rescinding a new rule from the Department of Labor designed to inflate the salaries of international students and others who seek H-1B status 
• Rescinding a DHS rule that would make it difficult for foreign nationals to qualify
• Withdrawing a proposed rule that would end the H-1B lottery
• Developing a national strategy for recruiting international students

Focusing on preventing the decline in international student enrollment is vital to the success of the United States as they provide needed revenue, help retain professors interested in pursuing research, and provide a source of talent for companies in the country.

U.S. universities believe that with the right set of policies, America can reverse the decline in international students. Contact The GIG Law Firm for more Los Angeles immigration law expertise and help evaluating your case.

Immigration law contains several sections on various types of visas for immigration and alien residency or visitor status. As such, it can be confusing for people new to the process to understand which types of visas are relevant and how to properly apply for them. One of the best things that anyone can do is to hire an immigration lawyer that can specifically help with Los Angeles H1B visa cases. 

An H1B visa lawyer in Los Angeles will be able to sit down with people and walk them through the process of applying for and obtaining that visa. They may also be able to advise on when someone should be looking for a different type of visa or immigration option if the H1B law doesn’t fit their exact needs or situation. 

How Does the H1B Visa Work?

For starters, individuals cannot file for or apply for this type of visa on their own. This must be done by U.S. companies that are sponsoring the people that they want to employ. The government only makes so many of these visas available each year, so they are limited in quantity, and to qualify, people must meet several criteria. 

The H1B operates on a points-based system and is only available to those who are capable of earning 12 points or more. This requires a Master’s or Bachelor’s degree, as well as 12 years of work experience. While any specialist employee may be awarded one of these visas, common applicants come from industries like finance, IT, medicine and science, architecture, and similar fields.

Since there is a huge demand for this visa and a limited supply, it is always in the best interest of companies and the employees they are applying for to work with a qualified immigration lawyer. They will need to provide documentation of education and/or work experience that totals an equivalent of at least 12 points. Three points are given for each year of college, with one point awarded for every year of work experience. 12 is the minimum and some people will score much higher. 

Who Pays for the Fees?

A common question involved in any visa case is how the filing fees and other costs are paid. It may even be a question of the petitioner as to who should pay for the legal representation. Since the employer is doing the legwork and requesting the visa, the financial responsibility is generally on their shoulders. After all, it is to their benefit that the individual is allowed to work in the U.S. so that they can retain them for their specialty skills. 

The standard H1B visa filing fee changes from one year to the next, so applicants and their employees will need to contact a reputable H1B visa lawyer in Los Angeles to discuss what the cost will be, as well as any legal fees and associated costs. Fortunately, again, most employers take care of this so employees will only need to assist with documentation and paperwork. 

What Can People Do with This Visa?

Upon being approved for this type of visa, people will be able to live and work in the United States legally. They can extend their stay in the country based on their work and the demand for their specialty skills. This also allows dependent spouses and children under 21 years of age to stay with the petitioner in the U.S. for as long as they are granted visa status. 

One thing that many people don’t realize is that petitioners don’t have to stay with their sponsoring employer forever. While there may be specific terms between the employer and petitioner for the visa, the law does allow those holding an H1B visa to change employers, so long as they are still working in a specialist field and performing work for which they are the most qualified individual. 

Those who are looking for other types of work-related visas, including ones that allow them to apply as an individual, will need to discuss their situation with an immigration lawyer to determine the best course of action. It doesn’t cost a lot to have professional representation in your immigration case and it’s worth the peace of mind. This will ensure that everything is done to the letter of the law, which will provide more likelihood that the visa application will be approved, and the process will be swift and efficient. 

Choose an Experienced Lawyer

While some lawyers will claim that they can handle any case, there are some things best left to the experts. Immigration law is one of those areas, which is why you must hire a qualified lawyer that is experienced for the type of visa that you need. For example, you might need an L1 visa lawyer in Los Angeles or someone familiar with TN visa law in Los Angeles. If so, feel free to ask specifically what kind of experience the firm has and how many cases they’ve handled, as well as the outcomes. 

In addition to experience, it’s helpful to choose a lawyer that has your best interests in mind and that will work with you to take the stress out of the process. Even though the employer is responsible for the filing and application process, the employee still has a stake in the game. Knowing there’s a good lawyer on the case gives everyone peace of mind. Not only that, but most companies have better things to do than micromanage their legal matters. 

With a better understanding of immigration law, the entire process can be easier and less uncertain for employees, employers, and everyone involved in the process. After all, the process is daunting enough without added stress. Those who have an experienced immigration lawyer that understands these visas and knows how to help secure the best chances of approval will enjoy a much easier, less stressful process in getting their visa situation settled. 

Not all lawyers are created equally, and this is especially true in the case of immigration law. This is a specialty field that is unique and requires dedicated experience and education to keep up with the complex laws and requirements of immigration in the United States. Hiring the first lawyer that comes up in the search engine is no guarantee that they will be the best person for the job — this simply means that they’re the most effective at marketing themselves to their audience. 

It’s up to individuals to do their own homework when hiring the right legal representation. A little bit of research can go a long way. 

Find Experience and Success

When looking at different law firms, it is important to check out their track record and previous case history. Find testimonials or reviews where firsthand experiences are shared for an inside look at what the law firm or lawyer can offer. People should also consider the types of cases that they work with. For example, even in the case of immigration law, it’s important to ensure that the lawyer is familiar with H1B visas or whatever other type of visa that is being sought. 

Licensing

Although this might seem obvious to some, it’s often overlooked in a panic to find an attorney. People need to find the best immigration law firm in Los Angeles that is located in and licensed to practice law in L.A., or at least in the State of California. It doesn’t matter what someone’s track record is like if they cannot practice in the state where the individual needs representation, after all. 

Even though the process of visa applications and approvals happens at the federal level, some states have laws or guidelines for how the process can or should take place. Therefore, having a lawyer that is licensed and experienced in a specific state is going to be critical to the outcome. It isn’t enough just to find the best lawyer. People have to find the best local lawyer for the best representation. 

Ask Questions

There is a lot of unknown information for most people going into an immigration case, or any other legal case for that matter. When someone allows themselves the opportunity to research the best immigration lawyer Los Angeles has to offer, they are giving themselves the chance to ask as many questions as they want. If certain things need to be handled during the case, or prior to filing, the lawyer can help. If people just want to know how the process works, they will explain. The best lawyers will have no trouble answering questions and helping people better understand the process, even before they get started or retained. 

Not only will understanding the process make it easier, but it will also make it less stressful for everyone involved. It’s one of the best reasons to take a little time to explore the options and find the right lawyer for the job. When people can ask questions, it also gives them the chance to get a feel for the lawyer and determine not only if they’re the right fit, but to determine if the lawyer is going to give them information “straight up” and not talk in circles with a bunch of jargon that doesn’t help. 

Referrals and Reviews Help, Too

Especially in an area like immigration law, getting insight from others who have gone through the process can be helpful. This includes checking reviews for lawyers and asking for referrals or recommendations from people. Having this kind of information makes it easier to see what an actual case experience will be like. Plus, hearing it from another individual can make it easier to understand and more believable than just hearing it from the law firm themselves. 

When it comes to immigration lawyers, it is crucial to check on their track record and experience with the specific type of visa that is in question or needed. Some immigration lawyers are capable of handling just about any case because of their years of experience. Others might have more experience in one place or another or a better track record of success with certain types of visas or cases. That’s important to note when it comes to something as serious as immigration. 

How Can a Los Angeles Immigration Lawyer Help with an H1B Visa?

When employers are looking to obtain an H1B visa, there are a lot of steps involved in the process. Plus, they have to ensure that the petitioner meets the requirements, which includes 12 points added up based on college degrees and work experience. They are awarded one point for each year of work experience and three points for each year of college. Those who hire the best visa lawyer Los Angeles offers will have a much easier time getting through the process of obtaining this type of visa. 

Lawyers will also be able to help determine which type of visa is necessary, such as if someone needs an H1A visa or an L1 visa instead of the H1B. There are several types of visa and residency options for those who are going through the immigration process and it is important to understand which one is the right one based on the individual circumstances and situation. 

Another benefit of having a lawyer for H1B visa cases is that this has to be done by an employer. Thus, the employee will not be able to handle the legalities and logistics. The employer has a business to run and doesn’t need to waste valuable time trying to navigate the legal process involved with visa applications and immigration. By choosing the best immigration lawyer Los Angeles has to offer, companies will be able to get back to business and leave the legal work to the pros. 

Not only that, but H1B visas are issued in limited supply each year, so having a lawyer can help people ensure a better chance at earning theirs when the competition is stiff. 

Taking the time to do research on immigration attorneys, ask questions and read reviews or ask for referrals can help lead to the best possible long-term outcome in the immigration process.

Immigration law in the United States provides people with many ways that they can become lawful and permanent residents of the country. Those who have a TN visa in Los Angeles, those with an H-1B visa in Los Angeles, and those with an L1 visa in the Los Angeles area could all speak with an attorney to see about potentially moving to a green card. With some of these categories of visas, the path forward may be easier than others. The visa holders will want to speak with an expert on H-1B and visa law in Los Angeles to find out what they will need to do.

New Changes Could Help Some Indian Visa Holders

One of those ways is through employment-based preference immigrant categories. In the past, it was possible for Indians who were trying to get a green card to obtain one faster when they were under the EB-2 preference category rather than the EB-3. However, things are changing. It’s important to have an understanding of the various EB categories to see how they can affect getting a green card.

The EB-1 category is considered first preference. These are priority workers. They might be people who have some type of extraordinary ability in education, the arts, sciences, athletics, or business. They could be outstanding researchers or professors, or even executives or multinational managers.

The second preference is the EB-2 category. This would include workers who have advanced degrees, or who have some type of exceptional capability. The EB-3 category is the third preference, and this applies to skilled workers, professionals, and other workers. Typically, because EB-2 is a higher-tier preference category, it was faster for these workers to get their green cards when they applied.

In the October 2020 Visa Bulletin, it was revealed that the USCIS would be using the dates for filing for I-485 filings. This allowed Indian applicants in the EB-2 category to downgrade to the EB-3 category if they had a priority date between May 15, 2011, and January 1, 2015. This means that thousands of Indians could qualify for the downgrade.

Why Downgrade?

One of the questions that many will have for their specialist for immigration and H-1B visa law in Los Angeles is why they should consider a downgrade. The EB-2 category should be a faster path for a green card. However, the EB-2 category has been moving more slowly than it has in the past. The EB-3 category does not have the demand that was expected, and this means that the Department of State has chosen to use the visa numbers available to help advance those in the EB-3 category.

Those who choose to downgrade would be able to file for their I-485 Adjustment of Status. This means that it becomes possible for them to get independent work and travel permits for themselves and their family. Additionally, they would be able to shift their I-485 green card process to a new employer after six months. This affords them more flexibility. It has the potential to speed up the green card process, as well. However, this will mostly help those who are located in an area where it is possible to get faster I-485 interviews. Those who are considering this option should talk with an H-1B visa lawyer in Los Angeles to see whether it might be a good idea for them to consider a downgrade. In some cases, the attorney might believe it is better to keep the EB-2 status instead, as the length of time for getting a green card can depend on various and changing factors.

How to Move the Case from EB-2 to EB-3

Fortunately, moving from the EB-2 to EB-3 category is relatively simple, as long as the applicants have a specialist for a green card and H-1B visa law in Los Angeles helping them through the process.

Those with employers who have an approved I-140 form that has a priority date that matches the current EB-3 priority dates, mentioned above, can downgrade the case to EB-3. If the applicant has the same employer and the same job or position with the company, they can use the same EB-2 PERM and then file a new I-140 in the EB-3 category.

Those who change to a different employer, including those who have an amended I-140 after a company went through a merger or was acquired, will need to have a new PERM filed with the current employer, along with a new EB-3 I-140. They will also need to file an I-485 with the I-140 and have a Supplement J.

The applicant will then have an open work permit thanks to the I-485 EAD, as mentioned. This means that it is possible to stay in the United States if their main job lays them off because they can go to work for another company. Additionally, if they have an H4 dependent spouse, he or she will be able to work with the I-485 EAD, as well.

It is possible to upgrade again if needed, and many consider the downgrade with the EAD to be something of an insurance option in case a job is lost. When downgrading, it is possible to keep both the EB-2 and the EB-3 I-140, which can provide more options. For example, if the EB-2 queue for green cards starts to open up again and it proves to be faster, they can simply upgrade. There are no real downsides.

The process of downgrading may not be difficult, but it can be confusing for many people. Most people do not deal with immigration law regularly, so knowing which forms to fill out and when to file them can be a problem. These issues are eliminated when working with an H1-B visa lawyer in Los Angeles who knows and understands the process, along with the changes that were made recently.

The attorney can let the applicants know whether it will be the right move for them to downgrade and take advantage of those changes and can help them through each step of the process.

According to the October 2020 Visa Bulletin, Indians who are in the United States with an H-1B visa can apply for green cards. Doing so can allow them to become a permanent U.S. resident, and it can be an excellent choice for those who want to remain in the United States for the long term. Visa lawyers in Los Angeles can help people to understand whether they might qualify.

Typically, the wait time for getting a green card is quite long. However, this is changing for some people, according to the October Visa Bulletin. There were a couple of large changes that can help to make the application process for the H-1B visa faster and potentially easier. Those who are from India originally and who want to apply for a green card will want to speak with an immigration law firm in Los Angeles.

What Are Employment-Based Visas?

There are currently five different types of employment-based (EB) visas. They include EB-1, which is a green card for priority workers, EB-2, a green card for advanced degrees, EB-3, a green card for professional and skilled workers, EB-4, which is a green card for religious workers and special immigrants, and EB-5, which is a green card for investors.

With the release of the October Visa Bulletin, it seems that there are changes in the wait times for the EB-3 applicants. It is important to have a basic understanding of these changes to see how they could affect a person’s ability to get a green card faster than usual.

The Changes

Those who hold an H1-B visa are foreign workers who have a specialty occupation. L-1 holders are specialized knowledge workers. An example of this would be a business owner. Those who hold one of the aforementioned visas and who have Form I-140, Immigrant Petition for Alien Workers that was approved before January 1, 2015, can now start to apply for Form I-485, Adjustment of Status.

Since the holder of the Form I-140 has had their employment-based visa approved by the USCIS, it provides them with some advantages when compared with other types of visa holders. It means that they are able to extend their H-1B in many cases, and they can change their employer. It also means that they are closer to getting their green card, thanks to some of the new changes that have been made.

Additionally, they can to get an Employment Authorization Document, which is a work permit. These are issued by the USCIS to those who are not citizens of the United States and allows them to work with temporary employment status. Once the person has their Form I-485, they are allowed to apply for a green card.

This helps to make it faster and simpler for many Indians who have been working in the country to get their green card. An immigration lawyer in Los Angeles can talk with the H1-B and L-1 holders about the steps they will need to take as they begin to pursue their green cards. With the new rules, it should take far less time.

Another important change that occurred helped to reduce the wait time for getting a green card. It should help those who hold EB-2 and EB-3 visas substantially. The President passed an executive order on April 22, 2020 that banned processing green cards for immigrants who were outside of the United States. This was done in an effort to slow the spread of COVID-19 in the US. They believed that it would slow the spread by keeping more people out of the country. They did not want a large number of people coming into the country who were not tested prior to entry. It would also be difficult and potentially impossible to quarantine a large number of new entrants to the United States.

One of the consequences of the ban was that there were many unused family-based visas that became available. Overall, there were around 226,000 of these visas, which then went into the EB visa pool. With hundreds of thousands of additional visas available, it means that it would help to reduce the wait times for many Indians who wanted to get a green card. Estimates are that it could reduce the wait time for some people by years.

Those Indians who are going to be applying for a green card will want to get in touch with a visa lawyer in Los Angeles soon to determine what steps they need to take next. It is difficult to predict exactly what will happen in the current administration, so applying for the green card as soon as possible is a good idea.

Get in Touch with a Reputable Immigration Law Firm in Los Angeles

When looking for an immigration lawyer in Los Angles, it is important for people to choose carefully. Although there may be many attorneys offering these services, it does not mean that they are all an ideal solution for each client. Those who are on the search should take the time to research the reputation and the experience of the attorney first. Do they have plenty of experience with green cards? Have they worked with people who are in the same or a similar situation in the past? What types of services do they provide, and what will be required of the client?

Applicants who have their H1-B visas or L-1 visas have an excellent opportunity to bypass the traditionally long and tedious wait line for their green card. Now is the best time to get the help needed to secure the green card. Those who have questions and who want to make the process as easy as possible will find an immigration law firm in Los Angeles soon. The attorneys can help the clients understand what type of timeline they are looking at when going from their visa to a green card.

The United States offers several nonimmigrant work visas that allow workers to visit locations like Los Angeles to excel in their chosen careers. The three most common are the H1B visa, the L1 visa, and the TN visa. Because each of these visas has similarities to the others, it means that understanding the differences and deciding which is the right option can be challenging. This article will delve into what each of these visas is all about to give individuals the chance to choose the one right for their needs.

H1B Visa Law in Los Angeles, California

The United States H1B visa allows companies in the states to employ workers in specialty occupations chosen from graduate-level workers. The covered occupations require technical or theoretical expertise in specialized fields like IT, medicine, finance, science, accounting, mathematics, architecture, and engineering. If a professional job requires a bachelor’s degree or higher, it typically qualifies under the H1B for specialty occupations.

In some cases, a person without a bachelor’s degree may still be eligible by showing the equivalent of a degree using work experience or other types of qualifications. However, there is a visa cap, which means that very few people get a successful H1B visa in Los Angeles. The employer needs to petition for a visa in the United States, and it will have a six-year duration.

Most of the time, evidence of a degree is required to petition for this visa. This could be through objective resources that show overlap between the degree and positions in the industry, an explanation of how responsibilities in the business relate to a degree and knowledge, or expert opinions and testimonials that show the value of a specific degree for the job or field. An H1B visa lawyer in Los Angeles can help immigrants gather the evidence needed to move forward.

All About the L1 Visa in Los Angeles

Sometimes called the intra-company transferee visa, the L1 visa is a category that has been designed to allow multinational companies the chance to transfer employees from foreign locations to areas within the United States. However, only employees in an executive or managerial position or individuals with specialized knowledge about the company’s operations are capable of receiving an L1 visa through a visa lawyer in Los Angeles.

The process of applying for an L1 visa is similar to that of the H1B in that evidence may be required before obtaining a visa. However, an L1 visa has no specific education or degree requirements. Receiving this visa also does not require an individual to have specialized knowledge as they would need with the H1B. Instead, the L1 visa is only available for workers who have been employed for at least a year by a multinational company.

Another difference is that the maximum length of time that a person with an L1 visa can stay in the United States is seven years, while H1B holders can stay for six years and also file for a three-year extension. 

Important Information about TN Visa Law in Los Angeles

The final visa for nonimmigrants is the TN visa. This visa also has its own requirements compared to the L1 or H1B visa. It was created as a way of allowing Mexican and Canadian citizens to come temporarily into the United States for professional business activities. This visa was created through the North American Free Trade Agreement (NAFTA) as a part of a trade and economic relationship between Canada, Mexico, and the United States.

Citizens from Canada will need to apply for the TN-1 visa to work in the United States, while those from Mexico will need a TN-2 visa for the same purpose. Qualifying for this visa requires being a citizen of Mexico or Canada, having an offer of employment, and having an intention to work in an approved profession. The individual who wants the visa should also have the proper credentials for the profession, which might be a bachelor’s degree, licensing, or a master’s degree.

Citizens from Canada can apply for a TN visa at the United States border port of entry. The person will need to bring several documents with them, including a letter from the employer, proof of Canadian citizenship, any credentials evaluations, and fees for the visa. Mexican citizens and Canadian citizens can also submit a TN visa application through a consulate in the home country or at any U.S. embassy.

How a Lawyer Can Help with Obtaining the Appropriate Visa

Individuals who wish to come temporarily into the United States for work will need to manage their time and paperwork well to meet deadlines and ensure everything is in order. An H1B visa lawyer in Los Angeles can help ensure that everything gets done right the first time to avoid delays. Having experienced attorneys available is the best way to reach the objective of working in the Los Angeles area.

There are many choices for an L1 visa lawyer in Los Angeles, but not all have the same level of knowledge and expertise. Word of mouth is one option for finding a firm that can meet the applicant’s needs, and if there are family members or friends who have worked with an immigration attorney in the past, that’s a bonus. 

Even after having referrals, it’s also essential to ask for references to get an idea of how the lawyer worked out for others. The right person will have positive online reviews and a list of satisfied clients happy to recommend their services. Once the right person is found, a lot of stress will go away. When working with a professional, there is someone there who knows every letter of the law and can help ensure the best chances of employment.

Final Thoughts About Nonimmigrant Visas

Whether one plans to stay in the United States for a short time or wishes to become a citizen eventually, the first step is having the right attorney. Find someone who can help in the long-term and start building a relationship with them. It’s well worth the time and money to choose the best, since getting the desired results will open up all sorts of opportunities in the future.

Going it alone when it comes to the immigration process is an excellent way to stack stress and frustration on a person. The process comes with a tremendous amount of paperwork that even United States citizens would have trouble getting through. When it comes to immigrants from other countries who may not speak English as a first language, things get even more challenging. That’s precisely why having an immigration lawyer in Los Angeles is the best thing that can be done to stay calm and collected through all the bumps of the process.

Many immigrants aren’t aware of all the requirements during the process, and having a lack of information can make it much harder to get into the U.S. and stay legally. Having no legal representation or subpar help is the best way to run into problems. Having a visa lawyer in Los Angeles can wipe all that away and keep the focus on the end result of reaching people’s dreams.

Immigration Attorneys Can Prevent Errors

One of the most essential parts of immigration is filing the right paperwork to get a visa. This is something that has to be done to finalize a marriage to an immigrant, get a family member into the United States, and more. There is a lot of paperwork to deal with. If someone isn’t working with a firm in Los Angeles, they can easily get stuck or make an error that will prevent an application from going through properly.

With an experienced attorney, the professional will know the steps involved for citizenship, work permits, and marriage licenses. This expert will also catch mistakes that could make it impossible to get all the right documents authorized by the right groups.

An Immigration Firm in Los Angeles Has Experience

Another significant benefit of choosing to hire an immigration lawyer is the fact that they have gone through the process time and time again. An expert will have the required level of experience to help a person’s dreams become realities in ways that might not seem tangible but are still extremely important.

When choosing an immigration lawyer in Los Angeles, it’s a good idea to focus on someone who has gone through the process thousands of times in the past. While any attorney can understand the laws surrounding immigration, the ones that have successful clients are the ones that someone can trust to do the same for them.

Visa Lawyers in Los Angeles Can Help Find Employment

The truth is that immigrants often find it more difficult to find a legal job than a U.S. citizen. It can be even more challenging for an immigrant to get paid a competitive wage that will pay all the bills. An immigration firm in Los Angeles can often help with the steps of applying for jobs, seeking out employment opportunities, and working with human relations staff. 

Many immigrants aren’t fully aware of the tools that U.S. citizens use to find jobs, which can make things frustrating and confusing. Thankfully, with the help of a professional immigration attorney, individuals will have a guide to recruiting and hiring resources and help through the process of finding employment as quickly as possible.

Immigration Attorneys Can Explain All the Options

While everyone is in a unique situation, each person also has several options. When an expert attorney is available to explain each of the choices, it can make things less confusing. Immigration lawyers can also help people understand the scope of different circumstances and how those things will play out in the legal world. Each person who has a professional lawyer has a much better chance of getting what they want out of life.

A firm in Los Angeles can help in all sorts of situations, whether someone is facing deportation or dealing with a completely different problem. Each of these problems is likely urgent and sensitive, which means finding a solution quickly is essential. It’s far better to know and weigh all the options available, rather than choosing one at random only to find out that another choice might have been better.

A Visa Lawyer in Los Angeles Can Work with Regulations and Permits

Excellent immigration lawyers know the procedural options available for success. Whether the goal is to become a full U.S. citizen, get a work permit in the states, or have permanent residency, an immigration lawyer can help from beginning to end. This person is a veritable expert on all the possibilities and how to handle each one.

While it’s possible to make it through the immigration process without a firm in Los Angeles, the chances are much lower. It’s possible that a form will be filled out incorrectly or something will turn up late, and the application will be rejected. When considering it that way, it’s not a big surprise that most people prefer to work with a professional attorney to ensure the best results.

Immigration Attorneys Offer Permanent Resident Advice

For those who are on work visas or who have permanent residence in the United States, there are still many laws that apply only to immigrants. Someone who doesn’t follow these laws can end up deported before the visa expires, even after going through the work to become a permanent resident. When working with a visa lawyer in Los Angeles, a professional will ensure the laws are understood, so someone’s status isn’t under threat.

These experts can also help with completing the path to become a U.S. citizen. An immigration firm in Los Angeles knows the steps to take for citizenship and can share information at every step to get someone where they want to be. 

Get Help Now with All Types of Immigration Needs

Having an understanding of why immigration lawyers are so vital should make anyone realize how important it is to have this kind of assistance. No matter what a person’s end goal is, a top firm in Los Angeles can help reach it. Reach out to the best, and nothing will be off-limits. That means everyone should be sure the person by their side is professional, experienced, and capable, and things will go more smoothly than expected.