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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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.

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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When Do I Need a B-1 Temporary Business Visitor Visa? Can I Just use ESTA to Visit the US?

businessman-in-airport-with-smartphone-800x532If you are coming to the United States to establish a U.S. presence of your foreign business; investigate whether you want to open a business in the U.S.; or attend conferences, look for commercial space, or interview potential investors or employees; you may be eligible for the B-1 Temporary Business Visitor Visa.

I. B-1 Temporary Business Visitor Visa

1.  Real Examples of When to Use the B-1 Visa

For example, if you own a business abroad but want to come to the United States to speak at conferences, meet potential clients, and conduct marketing activities, but have no plans to live or work in the U.S., the B-1 visa would be a good option for you.

In addition, if you have a business abroad and are looking to open an office in the United States, you can come to the US for several months to look for an office or warehouse space, interview potential employees, meet with investors, and do research for the business. Continue reading

Update on the Travel Ban and DACA

Travel Ban

travel-ban May 2018On April 25th, 2018 the Supreme Court heard oral arguments from both sides on President Trump’s highly scrutinized “travel ban”. The travel ban, now in its third iteration, prohibits entry of travelers from five Muslim-majority countries (Iran, Syria, Yemen, Somalia, and Libya), as well as North Korea and government officials from Venezuela. Although previous versions of the travel ban were initially partially blocked by U.S. District Courts in Hawaii and Maryland, the Supreme Court lifted such injunctions in December 2017.

Since Trump first issued his travel order, setting off widespread chaos at airports just a few days after his inauguration, the issue has strongly shaped public perceptions of the new administration. It has also led to a string of defeats in lower courts, where judges ruled that the measure exceeded Trump’s authority and, in some cases, said it reflected bias against Muslims.

 

However, the Supreme Court of the United States has provided a friendlier forum, on this topic. The justices issued a ruling in June 2017 that allowed the second version of the travel ban to take partial effect. Then, in December 2017, with only two dissenting votes, they set aside lower-court rulings to allow the administration to put the third version into practice, a strong indicator of where the majority was headed.

Justice Samuel A. Alito rejected the notion Trump’s order could be considered a “Muslim ban,” noting it does not apply to most of the largest Muslim nations.

“If you look at what was done, it does not look like a Muslim ban,” he said.

Justice Neil Gorsuch, Trump’s appointee, questioned whether the challengers had standing to sue in the first place. Foreigners overseas do not have rights in U.S. courts, he said. Plaintiffs who live in Hawaii sued, contending the travel ban was illegal, but “third parties can’t vindicate the rights of aliens,” Gorsuch said.

Chief Justice John G. Roberts Jr. and Justice Anthony M. Kennedy portrayed the issue before the court as one of national security in which the chief executive, not the judicial branch, should be entrusted to weigh possible threats from foreign visitors.

 

A final decision by the Court is expected at the end of June. Meanwhile, the current version of the travel ban remains in effect during deliberation. Continue reading

“It’s Beginning to Look a Lot Like… Terminations This Holiday Season”

holiday partyGiven the recent tidal wave of allegations of sexual harassment in politics, the entertainment industry, and social media, employers may want consider the following guidelines in preparation for their company holiday events where alcohol and off-site events may create a combustible mix of unwanted behavior by one employee to another.

Holiday parties may be an excellent opportunity for employees to socialize outside of the confines of the office, and to reward employees for their service, but they can also give rise to employer liability in the absence of appropriate precautions. Before planning your next holiday soiree, review the potential pitfalls and solutions below so that your event can be full of cheer, rather than unpleasant lawsuits.

  1. Serving Alcohol at Company Functions

wine glassesWhile having alcohol available may make typical water cooler conversations less awkward, and can be a way for people to let off steam and celebrate, it can lead to liability for employers in the form of vicarious liability, sexual harassment, social host liability, and other potential issues. Continue reading

Jennifer Grady, Esq. to Provide Guest Lecture at UCLA’s International Trade and Commerce Program

uclaOn November 30, 2017, Jennifer Grady, Esq. will provide a guest lecture to students at the University of California, Los Angeles, International Trade and Commerce Program as part of their course entitled, “Doing Business in the U.S.”  Ms. Grady will discuss corporate formation options for California entrepreneurs, and immigration visa options, including the Specialty Occupation H-1B visa; J-1 Trainee visa;  TN visa for professionals from Mexico and Canada; the E-2 Investor Visa for new and existing US businesses; and the and L-1A option for executives, managers, and entrepreneurs opening an office of an existing foreign business in the United States.

View More: http://elyanaphotography.pass.us/jennifer

Jennifer A. Grady, Esq.

“Doing Business in the U.S.” is a course offered through UCLA Extension.  It provides entrepreneurs, business managers, and international trade professionals with key business and cultural insights to do business within the mainstream U.S. market. Topics include an overview of the U.S. economy, regional and national demographics and cultural dynamics, business customs, framework of the U.S. legal system, marketing strategies, and negotiating tactics. Continue reading

The Grady Firm, P.C. Expands to Orange County with Irvine, CA Office

Irvine officeThe Grady Firm, P.C. is pleased to announce the opening of its new office in Irvine, California, to better serve the needs of its clientele in Orange County.  The Grady Firm, P.C. offers services in Business, Immigration, Employment, and Intellectual Property law.  The Irvine location supports the growing economy in technology, life sciences, professional services, and healthcare in Orange County, and is conveniently located with easy access to John Wayne Airport and the 405, 55, and 73 freeways.

The firm’s managing partner, Jennifer Grady, Esq. is a former Irvine resident and graduate of University High School.

See our firm’s Yelp page for reviews of the Irvine office and our Beverly Hills headquarters.

The Irvine Office is located at:

19800 MacArthur Blvd.
Suite 300
Irvine, CA 92612
+1 (949) 354-3201 Continue reading

Travel Ban Update: U.S. State Department Issues New Guidelines Involving Close, Existing Relationships Within U.S.

by Raj Rathour, Esq. and Jennifer Grady, Esq.

trumpOn June 29, 2017, the U.S. State Department began implementing President Trump’s new visa criteria based in Executive Order 13780. The revised criteria bars U.S. entry for 90 days, for citizens without prior connections to the United States from six Muslim-majority countries: Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen. Stemming from a highly publicized decision by the Supreme Court, the current preliminary injunction has been narrowed to allow only “foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States”. Current controversy revolves around the specific language, bona fide relationship,” and the potential for its interpretation of federal courts and officials.

Bona Fide Relationship

auditOn May 25, 2017, United States Court of Appeals for the Fourth Circuit upheld an injunction against enforcement of Executive Order 13780, titled “Protecting the Nation from Foreign Terrorist Entry into the United States”, which was an executive order signed by United States’ President Donald Trump on March 6, 2017.  That order placed limits on travel to the U.S. from certain countries, and by all refugees who do not possess either a visa or valid travel documents. According to its terms, it revoked and replaced the original travel bar Executive Order 13769, which was issued on January 27, 2017. Continue reading

L-1B Intracompany Transferee Visa for Employees With Specialized Knowledge

international-movers-and-packersThe L-1B visa permits a U.S. employer to transfer a professional employee with specialized knowledge from one of its foreign offices to one of its U.S. offices.  There is also the option for a foreign company that does not yet have an office in the U.S. to send an employee with specialized knowledge to the states to help establish a U.S. office.  Both the employer and employee must meet certain qualification requirements:

1. To qualify for L-1B classification in this category, the EMPLOYER must:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad. Continue reading

Take Action on Your Immigration Application Before Fees Increase 12/23 and a New Administration Takes Office in January

trumpIf you are planning to file an application for a visa, Green Card, or naturalization, we highly recommend you do so before the end of the year.  Filing fees will increase by an average of 21% on December 23, 2016.  In addition, due to the uncertainty of the transition to a new President and GOP-majority Congress, we recommend filing your application now so that it will be in the queue in the event programs are taken away, modified, or application wait times increase.

Fee Increase

money-bagsFor the first time in six years, United States Citizenship and Immigration Services (USCIS) will be increasing its filing fees to help cover the increasing costs of providing its services.  Some increases will be substantial, others less so, and overall, fees will increase by a weighted average of 21%.  Some more common and popular applications that will be affected include the following forms,  which are used for Green Card, work permit, and citizenship applications: I-90, I-130, I-140, I-485, I-765, and N-400, to name a few.  For more detailed information on each of these changes, and all other fee increases, check out our recent blog post here. Continue reading

USCIS To Increase Filing Fees on December 23, 2016

uscis

For the first time in six years, United States Citizenship and Immigration Services (USCIS) has increased its filing fees by a weighted average of 21% for numerous immigration applications and petitions.  USCIS announced the increase in a final rule published in the Federal Register, noting that the increase will go into effect on December 23, 2016.  The department explained that because USCIS is primarily funded by these fees, an increase was necessary in order to fully cover the costs of providing its services.

fee-increaseOne of the steepest increases is the fee for EB-5 applications, especially Form I-526 (Immigrant Petition for Alien Entrepreneur), which will increase from $1,500 to $3,675 – an almost 145% increase.  Furthermore, USCIS also added a $3,035 fee for the I-924A – Annual Certification of Regional Center, an essential form for EB-5 applicants applying through regional centers.

Other popular forms that will also increase include the popular I-90, I-130, I-140, I-485, I-765, N-400, which are used for Green Card, work permit, and citizenship applications.

For more information about these fee increases view the official USCIS announcement here.  If you plan on filing any of these forms within the next few months, you can save money on filing fees by filing before costs increase on December 23,2016.  Due to the uncertainty that will follow the recent political elections, we recommend filing your application before new officials take office in January 2017.

Below is a chart highlighting and comparing these major fee changes: Continue reading

“It’s Beginning to Look a Lot Like… Lawsuits This Holiday Season”

Although holiday parties may be an excellent opportunity for employees to socialize outside of the confines of the office, and to reward employees for their service, they can also give rise to employer liability in the absence of appropriate precautions. Before planning your next holiday soiree, review the potential pitfalls and solutions below so that your event can be full of cheer, rather than unpleasant lawsuits.

  1. Serving Alcohol at Company Functions

holiday-bar1

While having alcohol available may make typical water cooler conversations less awkward, it can lead to liability for employers in the form of vicarious liability, sexual harassment, social host liability, and other potential issues.

Even though refraining from serving alcohol altogether is the safest option, in the event that your company plans to serve alcohol at you next function, keep the following tips in mind: Continue reading

The Grady Firm Co-Sponsors event for Businesses Starting or Relocating Within California with LA Mayor’s and Governor’s Office

 

dsc00853

On September 27, 2016, The Grady Firm co-sponsored an event with the LAX Coastal Chamber of Commerce geared towards companies that are doing business in, or relocating to, California.  The event was attended by local business owners; members of the LAX Coastal Area Chamber of Commerce;  Jeff Malin, Senior Business Development Specialist at Governor Brown’s Office of Business and Economic Development (GO-Biz); Eric Eide, Director of Mayor Garcetti’s Office of International Trade; and Jennifer Grady, Esq., business and immigration attorney at The Grady Firm, P.C. Continue reading