Jennifer Grady, Esq. to Speak at Export Trade Assistance Partnership on Immigration in Today’s Global Economy on June 20

On June 20, 2019, Jennifer Grady, Esq. will be speaking at the Export Trade Assistance Partnership Program 2019 (ETAP) Session on International Shipping and Legal Issues covering export distribution considerations for US companies exporting abroad. This event is sponsored by the U.S Small Business Association and the Riverside County Economic Development Agency Office of Foreign Trade. Jennifer will speak with company owners about which visa options are best for bringing talent from abroad to the US, and will give tips on sending employees abroad.

The other speakers in this session are Ken August of August Law Group, on International Export Agency & Distribution Agreements, and Margaret Brunk of BGI Worldwide Logistics on the fundamentals of export logistics. ETAP is hosted and produced by the Riverside County Economic Development Agency Office of Foreign Trade in a five-part weekly series lasting from May 30, 2019 through June 27, 2019 at the Rustin Conference Center in Riverside, CA. Tickets are available on Eventbrite.

Other sessions throughout the cover a range of topics including global business opportunities for small business, market research and cross-cultural communication, international trade finance and methods of payment, and e-commerce. Every session is moderated by Paul Smith, a District International Trade Office for the U.S. Small Business Administration.

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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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Diversity Visa Lottery Now Open Until November 6, 2018 for FY-2019

Lottery-Balls-014.jpgFrom October 3 to November 6, 2018, citizens of certain countries may apply for a Green Card though the Diversity Visa Lottery.  Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants,” from countries with historically low rates of immigration to the United States. A limited number of visas are available each fiscal year, and there is no cost to register for the DV Program.

Applicants who are selected in the program (“selectees”) must meet simple but strict eligibility requirements to qualify for a diversity visa. The Department of State determines selectees through a randomized computer drawing. The Department of State distributes diversity visas among six (6) geographic regions, and no single country may receive more than seven percent (7%) of the available DVs in any one year.

Who is Eligible?

globeFor DV-2019, natives of the following countries are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Continue reading

DHS Proposes Removal of the Entrepreneur Parole Rule- Comment period ends June 28

international-movers-and-packersAccording to a post on the uscis.gov website dated May 25, 2018, the Department of Homeland Security (DHS) proposes an end the International Entrepreneur Rule (IE Final Rule), a program that allows certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here.  After review of all DHS parole programs in accordance with an Executive Order (E.O.) titled, “Border Security and Immigration Enforcement Improvements,” issued on January 25, 2017, the DHS is proposing to end the IE parole program, and remove or revise the related regulations, because it alleges that this program is not the appropriate vehicle for attracting and retaining international entrepreneurs, and does not adequately protect U.S. investors and U.S. workers employed by or seeking employment with the start-up.  Interested parties will have until June 28 to make their opinions heard by DHS.

Backstory

In July 2017, DHS published a final rule to delay the implementation date of the IE Final Rule to March 14, 2018, to give the Department time to draft a rescission of the IE Final Rule. However, in December 2017, a federal court vacated the delay rule, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE Final Rule.
However, DHS is now proposing to eliminate the IE Final Rule because the department believes that it represents an overly broad interpretation of parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining international entrepreneurs.

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USCIS Reaches FY 2019 H-1B Cap in Just Four Days

enter-usa-h1b-visaWASHINGTON, D.C. – On April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally-mandated 65,000 visa H-1B cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the “Master’s cap.”

USCIS began accepting applications on Monday, April 2, and reached its cap within just four days.  It will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

As of May 15, USCIS completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in its computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned.
Based on last year’s applications, receipt notices were sent out around May for cases that were accepted in the lottery, and applications that did not pass the lottery were returned (along with the original application and filing fees), by July.
Additionally, USCIS may transfer some Form I-129 H-1B cap subject petitions between the Vermont Service Center and the California Service Center to balance the distribution of cap cases. If your case is transferred, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally-mandated FY 2019 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

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The Grady Firm, P.C. celebrates its Sixth Anniversary

JGrady Firm-Logo-2016On March 19, 2018, The Grady Firm, P.C. celebrated its sixth anniversary.  Founded in 2012, the firm has evolved from assisting startups in the Silicon Beach area of Los Angeles, to adding immigration, employment, and intellectual property law departments with a network of twelve of-counsel attorneys in offices in Beverly Hills, Irvine, and San Diego, California.  Moreover, the firm partners with attorneys licensed in Texas, Louisiana, Washington, Canada, Italy, and Germany to assist its international clientele with their matters in those jurisdictions.

In addition to assisting individuals, the firm acts as the outside legal counsel for rapidly expanding companies that add employees to its offices across California and the United States by providing on-demand employment and immigration counsel.  For its international clients, the firm is the main point of contact for successful entrepreneurs who bring their ideas and business acumen to the United States.

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The Grady Firm’s Fifth Anniversary party in April 2017

 

The Grady Firm thanks its attorneys, clients, and referral partners for their support and confidence over the years.

 

 

 

 

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What to Do When DHS or ICE Comes Knocking at Your Door

By Anthony Mance, Esq. and Jennifer A. Grady, Esq.

ICE 2The Trump Administration has repeatedly indicated that it will take an aggressive and proactive approach to enforcing immigration laws. While it is not yet clear how and when this will translate into developed policy, it is prudent for employers to be prepared for increased oversight and enforcement. One issue that demands particular attention is how employers should handle on-site visits by Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) agents. These visits can range from basic inspections and audits to large-scale immigration raids and arrests. Any employer is subject to these visits, but keep in mind that employers sponsoring employees on employment visas such as H-1B, H-2B, OPT, L-1, TN, E-3, O-1 are also subject to visits by the Department of Labor and USCIS’s Fraud Detection and National Security Directorate.

While such visits can be confusing and intimidating, developing a coherent plan for dealing with immigration visits and effectively communicating that plan to relevant employees will reduce the risk of making costly mistakes. Do your receptionist, front-line person, and field employees know how to respond when an officer comes in with a badge and a warrant? If not, it’s time to create a plan.

The following is a brief overview of immigration-related site visits, and what employers can do to properly prepare for, and react to, such visits. Continue reading

USCIS Reaches FY 2018 H-1B Cap In Only 5 Days

Release Date: April 7, 2017

Lottery BallsWASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally-mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the “Master’s cap.”

USCIS began accepting applications on Monday, April 3.  It will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap.  However, USCIS suspended premium processing on April 3 for up to six months for all H-1B petitions, including cap-exempt petitions. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally-mandated FY 2018 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

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E-1 Visa for Companies Doing More than Half of Their Business in the United States

cargo shipsThe United States is signatory to a number of treaties with other countries, allowing individuals and companies to develop business opportunities in the United States. As a result, “E- Visas” are available to visitors to the US interested in trade and investment.

As discussed in a previous post, E-2 visas are temporary visas based on a reciprocal commercial treaty between the United States and the individual’s country of nationality, where the individual is visiting the US primarily for investment purposes.

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The Grady Firm Celebrates Its Fourth Anniversary

On March 19, 2016, The Grady Firm, P.C. celebrates its four year anniversary.

Ambassador Locke

Ms. Grady with the former ambassador to China at IIUSA EB-5 conference in San Francisco

We would like to thank our clients, colleagues, and referral partners for helping us reach this milestone, and for supporting our success along the way.

Over the past four years, we have grown from helping Startups in Silicon Beach develop ideas into full-fledged businesses, to helping companies across the state with hundreds of employees stay compliant with California labor law to mitigate the effects of costly litigation.

Presenting to Startup Chile

Ms. Grady speaking to entrepreneurs at Startup Chile

Since early 2015, our immigration practice tripled as we expanded our focus across the globe to countries like Canada, Argentina, Chile, Mexico, and the UK through speaking engagements, webinars, and in-person consultations abroad.

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What’s the Difference Between the E-2 and EB-5 Investor Visas?

handshakeFor foreign investors wishing to obtain a visa to live, work, and attend university in the United States with in-state tuition rates, there are two options available through the E-2 and EB-5 investor visa programs.

The E-2 Visa requires less startup capital (around USD $100,000 to $250,000) and is the fastest way to obtain a visa, although it is not a path to Legal Permanent Residency (Green Card). The E-2 is a temporary visa based on a reciprocal commercial treaty between the United States and the individual’s country of nationality.  The visa is only available to treaty countries, for which citizens of China, India, Russia, and Brazil are not eligible.  Its processing times are generally 2 weeks to 90 days. Continue reading