Truck Driver Shortages May be Solved by Green Cards for Unskilled Workers (EB-3)

For the past 15 years, the United States has been experiencing a severe shortage of available and qualified truck drivers. According to a recent report by the nation’s largest trucking industry group, the American Trucking Associations (ATA), by the end of 2018, the industry was short 60,800 driver positions. The ATA predicts that this trend will only get worse, with the shortage potentially expanding to 160,000 positions by 2028. The report warns that if the industry cannot hire 1.1 million new drivers over the next decade, the nation’s freight demands may not be able to be met. However, for employers that are having difficulty recruiting and retaining truck drivers, sponsoring a foreign truck driver for a Green Card based on employment may be a viable solution.

Trucking Industry Recruitment Struggles

 According to the ATA report, the main issue surrounding driver shortage is one of “quality over quantity.” Reports show that while there are plenty of people applying for truck driving job, unfortunately, not nearly enough of those applicants meet the stringent standards associated with the trucking industry.  A 2015 ATA study found that 88% of trucking companies indicated that they were receiving sufficient numbers of applicants, but that many were simply not qualified for the jobs to which they applied.

Another issue faced by the trucking industry is driver age. According to the ATA report, the current average age of a driver is 46 and the average age of a new driver in training is 35.  Recruiting younger drivers is vital to maintaining a long-lasting and stable workforce within the industry as many drivers approach the age of retirement. Without a consistent pool of qualified applicants, the industry faces an aging out that will further exasperate the shortages.

Finally, the industry is also facing challenges with regard to turnover and job-hopping. The ATA report notes that driver turnover is a serious issue facing the industry with as much as 89% of drivers changing jobs at large trucking companies in 2018. This means that trucking companies are finding it increasingly difficult to retain long-term employees, thus reducing incentives to invest in vital training and development for those employees. As the driver shortages increase over the next decade this turnover rate will likely increase as well.

Legal Immigration as a Solution

One possible solution to help alleviate some of the driver shortages is to bring qualified foreign workers to the U.S. to cover these jobs. While applying for any immigration benefit to the United States is a complex and potentially long process, the benefits can nonetheless be worth the effort. This is especially true in an environment where a severe shortage of qualified workers means a potentially devastating loss in business opportunities.

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Client’s Corner: How I Got a Green Card Based on My Employment as a Skilled Worker (EB-3)

One of the ways to obtain a Green Card based on employment is through the EB-3 Immigrant Visa. The following is an overview of the process by one of our clients, Reza Moghtaderi Esfahani, who received his Green Card based on employment.

“My application for Adjustment of Status was based on the EB-3 employment category. I was among the few cases of F-1 students who were lucky enough to have met an employer that agreed to sponsor their Green Card without requiring them to go through the H1-B process. Even though I had a fully-funded acceptance letter to a Master’s Degree program in Computer Science, I wanted to continue working in the professional world after receiving my Bachelor’s Degree, so I discussed this issue with my employer towards the end of the first year of my Optional Practical Training (OPT).

Reza Moghtaderi Esfahani

Once I found The Grady Firm and they prepared my application with information provided by me and my employer, my attorneys filed an Application for Prevailing Wage Determination with the Department of Labor in February 2017. Then my employer began the recruitment process for US workers by posting job ads in local newspapers and online as part of the PERM process. After a few months of running the ads, and when no US citizen or Permanent Resident applied for the position, we obtained an approved LCA and filed a form I-140 with USCIS in December 2017. The I-140 was approved in January 2018. We then submitted my I-485 application to Adjust Status to that of a Permanent Resident in February 2018.

Soon after, I received my Employment Authorization Card (EAD) and travel document (Advance Parole) in April 2018. I was now able to work after the expiration of my OPT, and was eligible to travel outside of the United States while my Adjustment of Status application was pending.

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How to Obtain Temporary Hospitality, Retail, and Service Industry Workers Through the H-2B Visa Program

One of the biggest complaints in the hospitality, retail, and service industries is the difficulty in finding and retaining a reliable workforce. Over the past few years, there has been high turnover as companies struggle to recruit and retain workers. However, for employers who need to add to their workforce, there is the option to bring workers from other countries to the United States for a temporary period of nine months out of the year. The H-2B visa permits US employers to bring foreign nationals to the United States for the purposes of filling temporary, non-agricultural jobs, typically in the hospitality, retail, and service industries, such as hotels; ski resorts; water parks; golf courses; amusement parks; restaurants; cruise ships; and the landscaping, groundskeeping, forestry, construction, and meat/fish processing industries.

Who Qualifies for H-2B Classification?

To be eligible for an H-2B visa, the candidate must be a citizen of one of the countries on the H-2B Eligible Countries List. In addition, to qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it falls under one of the following categories:
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How to Obtain Temporary Landscape Industry Workers Through the H-2B Visa Program

by Jennifer A. Grady, Esq.

One of the biggest complaints from owners in the landscape contractor industry is the difficulty in finding and retaining a reliable workforce. Over the past few years, there has been high turnover as companies struggle to recruit and hold on to laborers. However, for employers who need to add to their workforce to bid on contracts or maintain their current ones, there is the option to bring workers from other countries to the United States for a temporary period of nine months out of the year. The H-2B visa permits US employers to bring foreign nationals to the United States for the purposes of filling temporary, non-agricultural jobs in the landscape industry.

Who Qualifies for H-2B Classification?

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it falls under one of the following categories:
  1. One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
  • An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker; and that it has
  • Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;

OR:

2. Seasonal need– A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:

  • Traditionally tied to a season of the year by an event or pattern; and
  • Of a recurring nature.
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President Trump Unveils Sweeping Immigration Reform Plan

On May 16, 2019, during a speech in the White House Rose Garden, President Donald Trump unveiled an ambitious “Bold Immigration Plan for the 21st Century” that would dramatically change the immigration law landscape in the United States. The multi-point plan calls for permanent funding and enhancement to border security, an overhaul of the nation’s asylum procedures, and a move to a more merit-based permanent immigration system. Even if this plan does not become law, it does provide a compelling view of the Trump Administration’s immigration goals and priorities.

  1. Enhancing Border Security

President Trump’s plan calls for the establishment of a “permanent, self-sustaining border security fund” that would be paid for through fees and revenues generated at ports of entry.  According to the Trump Administration, this permanent fund would allow law enforcement to enhance and support border security without having to wait on Congress to allocate funds. Additionally, the Administration claims the fund would “make certain that 100 percent of people and goods entering the United States are properly inspected at the border.”

At this time, the Administration has not yet provided any specific details about the levels of fees that will be charged, how revenue will be generated, how the fund will be managed, or how the fund will ensure a 100 percent inspection rate. President Trump has consistently made border security a hallmark of his administration; therefore, it is likely this issue will remain a focus of immigration policy.

  • Changes to the Asylum Process
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Applicants for U.S. Visas and Green Cards Must Now Disclose Social Media Profile Information

In response to the Trump Administration’s “extreme vetting” of foreign nationals entering the United States, the U.S. Department of State has increased the amount of personal data foreign nationals must provide when applying for a U.S. visa abroad. Federal government agencies, such as the Department of Homeland Security (DHS), have dramatically expanded their social media monitoring programs in recent years by collecting a vast amount of user information in the process, such as political and religious views, data about physical and mental health, and the identity of family and friends. DHS increasingly uses this information for vetting and analysis, including for individuals seeking to enter the United States and for both U.S. and international travelers.

As of May 30, 2019, applicants completing the Form DS-160 (the standard online platform for all non-immigrant visa applications) and the Form DS-260 (the standard online platform for immigrant (“Green Card”) applications), must now provide information on all social media accounts used in the past five years. This information will be used to prevent visa and Green Card fraud.

Using dropdown menus, the Form DS-160 and DS-260 requires applicants to provide the names of all social media accounts used (lists 20 of the most popular social medial platforms), and the applicant’s username or “handle” for each account. The form also provides a text box to provide social media information not listed in the drop-down menu.

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U.S. House Passes Significant ‘Dreamer’ Immigration Bill with Potential to Grant Permanent Residency to 2 Million Undocumented Youth

On Tuesday, June 4, 2019, the U.S. House of Representatives passed an ambitious immigration bill aimed at providing a path to citizenship to almost 2 million undocumented immigrants, including “Dreamers” who were brought to the United States as children.  This bill cancels and prohibits removal proceedings against certain aliens, and provides such aliens with a path toward Legal Permanent Resident status.

The bill, titled American Dream and Promise Act of 2019, would provide a 10-year conditional permanent residency to recipients of the Differed Action for Childhood Arrivals (DACA) program, and for other qualified young, undocumented, immigrants. To be eligible, immigrants must have been younger than 18 when they came to the U.S., and must have lived in the U.S. continuously over the previous four years.  Applicants will also need to possess an American high school diploma or GED, and pass a background check. Applicants who have committed certain crimes would be ineligible under the bill.

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Getting Married? Take $100 off our Green Card Application Package

GREEN CARD BASED ON MARRIAGE WEDDING SEASON SPECIAL

Before getting married, engaged couples should start preparing their application to apply for a Green Card based on marriage to their US citizen spouse so that they can apply as soon as they receive their marriage certificate. Just in time to commemorate the start of wedding season, The Grady Firm is offering $100 off on our “Gold” Green Card Application Package, now through May 20, 2019. Just mention the code, “LOVE”.

We offer several levels of service to fit any budget, beginning with our most economical Bronze package at $1,000. For applicants wanting more hands-on service, or for complicated cases, we have our Gold and Platinum packages.

Our attorneys can help you understand the importance of excellent legal guidance through this critical process, and help you determine which service package is right for you.

Start preparing your application today–after all, what would be better than getting a work permit shortly after your Honeymoon?

ABOUT THE GRADY FIRM P.C.

The Grady Firm, P.C. attorneys help couples achieve a Green Card based on marriage to their US citizen spouse, and guides our clients during this time of uncertainty in immigration.

To learn more, schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (323) 450-9010; or fill out a Contact Request Form.

*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.

USCIS Continues to make Marijuana Activity a “Conditional Bar” to Obtaining U.S. Citizenship Despite Local Decriminalization

Thirty-three US states, The District of Columbia, and at least 26 countries around the world have legalized the production and use of cannabis for medical, and, in some jurisdictions, for recreational use.  This wave of legalization has led to a growing and dynamic industry that employs thousands of individuals and has reduced the levels of criminalization of marijuana-related crimes. Despite this changing landscape however, United States Citizenship and Immigration (USCIS) has recently made it clear that virtually any involvement with cannabis, even in jurisdictions where it is now legal, can have serious negative consequences to becoming a United States citizen.

In an April 19 USCIS policy alert, USCIS indicated that it was issuing policy guidance confirming that cannabis-related activity, even when it occurs in a jurisdiction where the activity is legal, creates a conditional bar to demonstrating good moral character for the purposes of naturalization. While USCIS has long treated cannabis-related activity as a basis for withholding immigration benefits, this new pronouncement further highlights the complex and uncertain interaction between state and federal laws, and United States immigration law.

According to the USCIS policy, “marijuana remains illegal under federal law as a Schedule I controlled substance regardless of any actions to decriminalize its possession, use, or sale at the state and local level,” a USCIS spokesperson said in a statement. “Federal law does not recognize the decriminalization of marijuana for any purpose, even in places where state or local law does.”

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Canadian Citizens Will No Longer Be Permitted To Extend or Renew L-1 Status at the US Border

United States Customs and Border Protection (CBP) recently implemented a major policy change to the adjudication process of L-1 Intracompany Transferee petitions filed by Canadian citizens.  Beginning in March of 2019, CBP officers at all ports of entry and pre-clearance facilities ceased adjudicating L-1 petitions for extension or renewal, including L-1A blanket petitions. CBP continues to adjudicate all new L-1 petitions for Canadian citizens and L-1 petitions for intermittent/commuter Canadian citizen employees.

CBP made this policy change after determining that the authority to extend/renew L-1 petitions falls to United States Citizenship and Immigration Services (USCIS), rather than CBP. As a result, all L-1 petitions for extension/renewal must now be filed with USCIS by mail.

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How to Obtain Temporary Training or Employment in the United States as a Foreign Physician

Foreign physicians looking to advance their specialized careers in the United States can gain valuable experience and connections by working a physicians or fellows.

Generally, there are two visa classification options available to foreign physicians seeking temporary employment or training in the United States: (1) the J-1 Exchange Visitor Physician Program, and (2) the H-1B Specialty Occupation classification. Each of these classifications has unique requirements and benefits, but both require that the applicant demonstrate that he or she has obtained the required licenses and training necessary to practice in both the United States and the specific state of intended practice.

  1. J-1 EXCHANGE VISITOR PHYSICIAN PROGRAM

The J-1 Exchange Visitor Physician Program permits foreign physicians and medical graduates to participate in U.S. graduate medical education programs or training at accredited U.S. schools of medicine.  However, the J-1 classification does not permit full employment as a physician in the United States because the program focuses on providing graduate medical education or training in a specialty or sub-specialty occupation. Therefore, the J-1 is best suited to a foreign physician or medical graduate that wishes to gain additional education or clinical training at a United States-based institution.

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Cap on H-1B Visas for FY 2020 Reached Within 5 Days

Each year, the U.S. Citizen and Immigration Services (USCIS) grants 85,000 H-1B visas to applicants in “specialty occupations”. This cap has not increased since 2004, and has been greatly outweighed by demand over the last few years. Within the first five days of the 2020 fiscal year application filing period, which started on April 1, 2019, the cap was reached, as 201,011 petitions were received by April 5. This marks a 5% increase in petitions from the previous year.

Immigration legal experts at the American Immigration Lawyers Association (AILA) have lamented that the limitation on the supply of high-skilled foreign workers is detrimental to continued economic growth of the U.S. economy. H-1B visa holders and applicants are filling a critical and ever-growing void in the U.S. economy by providing needed expertise, particularly in the Information Technology (IT) and tech development industries. Without meeting the demand for these talented foreign professionals, future growth and innovation are stifled.

Even as the economy and labor demand has continued to grow in the past several years, the maximum accepted applications has remained steady for the past sixteen years. The number of applicants has surpassed the numerical cap of 85,000 for the past seven years. The next opportunity to apply for an H-1B visa is April 1, 2020, which would have a job start date of October 1, 2020 or later, depicting on when a decision is reached on an applicant’s case.

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Is Your Company Prepared for an I-9 Audit? What to Expect During and After a Visit from ICE or DHS

ICE auditWhile immigration enforcement and oversight have occurred under the purview of all past presidents, the Trump Administration has publicly made them a leading policy priority.  Immigration raids and detentions at the border are the most visible aspects of this policy, but administrative oversight of employment documentation has also increased and will likely have the greatest impact on the majority of employers. One area where this is especially true is with Department of Homeland Security (DHS)’s oversight of employer’s I-9 forms.

Worksite immigration enforcement rose drastically in the fiscal year 2018 compared to the previous year, following a commitment made by U.S. Immigration and Customs Enforcement (ICE) in late 2017 to step up its worksite enforcement efforts across the country.

All worksite enforcement categories surged by 300 to 750% over the previous fiscal year. Here are some surprising numbers:

• 6,848 worksite investigations in 2018 compared to 1,691 in 2017;
• 5,981 I-9 audits in 2018 compared to 1,360 in 2017;
• 779 criminal arrests compared to 139 in 2017 (including arrests and indictments of managers); and
• 1,525 administrative worksite-related arrests compared to 172 in 2017.

What is an I-9 Form?

i-9The I-9 Form is an instrumental part of the new employee on-boarding process, and should be completed within the first 3 days of hire.  This form is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States, including both citizens and non-citizens. Failure to maintain proper I-9s can lead to a variety of monetary fines or even criminal penalties if an employer intentionally misrepresents I-9 information.

What Can Go Wrong? During an Audit

On its face, the I-9 form appears to be a fairly simple and straightforward document. However, many employers fail to accurately input all required documentation, fail to obtain proper employee documentation, or fail to properly store and maintain I-9 records. Any of these oversights can lead to potentially costly fines in the event of an audit. Our clients who have been officially audited told us that ICE reviewed every line of an I-9 form for accuracy and will issue fines for every entry that is inaccurate. Therefore, it is vital that employees responsible for handling I-9 documentation be fully trained with respect to I-9 procedures. For a detailed overview of the I-9 process, see our previous article, 6 Tips for Avoiding Costly I-9 Mistakes. Continue reading

The Grady Firm, P.C. Speaks at the 40th Annual California Landscape Contractors Association Landscape Industry Show

ODSC09291n February 7, 2019, Jennifer Grady, Esq. and Anthony Mance, Esq. of the Grady Firm spoke to landscape company owners and operators at the 40th Annual California Landscape Contractors Association Landscape Industry Show in Ontario, California.

Jennifer and Anthony addressed what do to in the event of an immigration-related site visit by the Immigration and Customs Enforcement (ICE), the Internal Revenue Service (IRS), the Department of Homeland Security (DHS), and/or the United States Citizenship and Immigration Services (USCIS). They discussed real-world examples with the audience, and provided recommendations on how to create a site visit plan and train company staff on how to best respond in the event of a site visit.

In addition, they discussed procedures and tips for applying for the highly coveted H-2B temporary non-agricultural visas, which are used for employers who need additional workers on a temporary seasonal or peak-load need over a period of nine months.  These visas are commonly used by landscape contractors, hotels, amusement parks, ski resorts, fishermen, and other industries with a  seasonal or short-term need.

landscape contractorThis was the firm’s second time presenting at this show, and Jennifer and Anthony have provided numerous webinars for the California Landscape Contractors Association (CLCA) over the last few years on immigration and employment law topics. Continue reading

H-2B Visas for Temporary Non-Agricultural Workers

landscape contractorThe H-2B visa permits US employers to bring foreign nationals to the United States for the purposes of filling temporary, non-agricultural jobs.  It is commonly used for occupations in the hospitality (hotels, ski resorts), retail, and service industries (landscape contractors).

Congress has set a numerical limit, or “cap” on the number of H-2B visas to be issued on an annual basis, currently set at 66,000 per fiscal year.  The cap is split into two parts: 33,000 for workers who begin employment in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – December 31). H-2B visas are valid for a period of 9 months.

Who May Qualify for H-2B Classification?

ski instructorTo qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it is a(n):
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it is a(n):

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