Immigration Issues

Poorvi Chothani, Esq.

LawQuest, Mumbai, India

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Topics
What is a visa? US Immigration

Filing for L-1A and L-1B and L-1 Compliance Issues B-1 Visa and Other Short Term Options. Gearing for Filing H-1Bs on April 1, 2008 and H-1B Compliance Issues. Permanent Residency Options including PERM.
UK Work Permits Philippines Work Permits Mauritius Work Permits Foreign Nationals Working in India Indian Work Permits

Global Immigration

LawQuests Areas of Practice

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What is a Visa?
A visa is a document evidencing a privilege to travel to a country and apply for admission to that country. A visa is a form of permission for a non-citizen to travel to, enter, transit or remain in a particular country. A visa does not guarantee admission into the host country. Admissibility is determined by the immigration officers at the border or port of entry in the host country. A citizen of one country who seeks to enter foreign country generally must first obtain visa. A visa is generally affixed or stamped in the travelers passport, a travel document issued by the travelers country of citizenship. Some countries extend visa free travel privileges to citizens of specific countries

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The L-1 Visa

The L visa facilitates the transfer of personnel from a foreign entity to a US subsidiary, parent or affiliate.
Only top level managers, executives or employees with specialized knowledge can be transferred from the foreign to the US entity.

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The L-1 Visa

The transferee must have been employed in the foreign entity for at least one year as an executive, manager, or in a specialized knowledge capacity. In Blanket L cases, the prior experience is also one year instead of six months.

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L-1B Visa Knowledge Professional

Person with specialized knowledge who is a member of the professions.
Must have a professional degree, which equates to a US bachelors degree. Generally, education and work experience is not acceptable.

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Business Visas
Business visitors enter on a B-1 visa holders to conduct business, marketing, negotiating purchases and contracts. They must not be engaged in productive employment in the US either for a US employer or on an independent basis. Any work done in the US must be performed on behalf of a foreign employer and paid for by the foreign employer. The work should also be related to international commerce or trade.

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Substantive H-1B Visa Law

The H-1B visa is issued to individuals employed in specialty occupations.
A specialty occupation requires the minimum of a bachelors degree for entry into that occupation. The individual entering into the specialty must possess a bachelors degree or foreign equivalent.

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Substantive H-1B Visa Law

The occupation must generally require the bachelors degree or equivalent.
Work experience may substitute for a bachelors degree.

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Processing Time For H-1B Petition

Processing time is 60-90 days. It could be speeded up through premium processing by employer paying a fee of $1,000. H-1B visa status confers portability to the next job, ie. one can commence working for another employer when the new employer files the H-1B petition. There is no need to wait for the approval.

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Applying for a Social Security Number

A Social Security Number (SSN) 9-digit number issued to either, permanent residents, and temporary (working) residents The number is issued to an individual by the Social Security Administration, an agency of the U.S. Federal Government. A Social Security number is required to track individuals for taxation purposes. The application for a Social Security number and card is free. The applicants are requires to complete an Application For A Social Security Card (Form SS-5) and produce the following originals documents;
Immigration status Work eligibility Age Identity.

A completed application along with the original documents must be submitted at the local Social Security office.

Permanent Residency Options including PERM

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E-Verify For Employees

Federal law requires that all employers verify the identity and employment eligibility of all new employees (including U.S. citizens) within three days of hire. Employees are required to complete the Form I-9, and employees must provide employers with documentation establishing both identity and eligibility to work in the United States.

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Employer Compliance - E-Verify

E-Verify is a free and simple to use Web-based system that electronically verifies the employment eligibility of newly hired employees.
E-Verify is a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA). U.S. Citizenship and Immigration Services (USCIS) oversees the program. E-Verify works by allowing participating employers to electronically compare employee information taken from the Form I-9 (the paperbased employee eligibility verification form used for all new hires) against more than 425 million records in SSA's database and more than 60 million records in DHS immigration databases. Results are returned in seconds.

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E- Verify Registration
An employer's participation in E-Verify is voluntary and is currently free to employers. Users may access the Web-based access methods using the Internet. An employer must register online and accept the electronic Memorandum of Understanding (MOU) that details the responsibilities of SSA, DHS, and the employer.

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E-Verify System For Employers

The E-Verify system includes naturalization data, which helps to instantly confirm the citizenship status of naturalized U.S. citizens hired by E-Verify employers.
A naturalized citizen who receives a citizenship mismatch with SSA can call the USCIS directly to resolve the issue (in addition to the option of resolving the mismatch in person at any SSA field office.)

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Other Nonimmigrant Visa Categories

The J-1 visa allows one to train with a company for a temporary duration. J-1 visa holders are often subject to a two-year home country requirement. The TN visa applies to Canadian and Mexican nationals who have job offers in certain occupations. Mexicans must first get LCA certification before applying for the TN visa.

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Other Nonimmigrant Visa Categories

The O visa is issued to people who have demonstrated extraordinary ability in artistic, scientific, business or athletic fields. A person with a J visa, subject to the two year home residency requirement, can apply for an O visa.
The E visa is applicable to nationals of certain countries that have treaties with the US. It is issued to a person who makes a substantial investment in a US business or actively trades with the US.

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Indian Immigration
Visas for Foreign Nationals
Types of Visas B and E Visas

Persons of Indian Origin

Overseas Citizens of India

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Indian Immigration
Types of Visas

Tourist Visa (T)

Transit Visa (TR) Entry Visa (X) Business Visa (B)

Employment Visa (E)

Student Visa (S) Research Visa (R) Missionaries Visa (M) Journalist Visa (J) Conference Visa (C)

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Indian Immigration
Business and Employment Visas
No Prior Petitions
Visa Applications to be Filed at Appropriate Consular Post Documentation Initial Issuance: Six months (Business Visas) and One Year (Employment Visas) Visas for a Spouse Independent Employment or Business Visa Dependant Childrens Visas Co-Terminus Status Discretionary Powers
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Person of Indian Origin (PIO) card

Eligibility Validity Period Visa Free Travel

Restrictions on Travel within India

Ineligible Foreign Nationals Exemption From FRRO Registration Benefits of PIO Registration

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Overseas Citizenship of India (OCI) Card

Commonly Known As Dual Citizenship Eligible Foreign Nationals Multiple Entry, Multi-purpose Life-long Permit To Visit India

Benefits of OCI Registratio

Exemption from FRRO Registration Parity With Non-Resident Indians Certain Restrictions

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UK Immigration
The five tiers are outlined below: Tier1: For highly skilled migrants, entrepreneurs, investors, and graduate students. Tier 2: This is for skilled workers who have a job offer. This tier will encompass the current UK Work Permit rules. Tier 3: For a limited numbers of lower skilled workers to fill temporary shortages in the labour market. Tier 4: Students. Tier 5: For youth mobility and temporary workers, such as those who come under Working Holiday agreements with other countries

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UK Immigration
Tier 2: Intra Company Transferees The applicant must have an offer of employment from its overseas employer who must also be a Licensed Sponsor in the UK and a valid Certificate of Sponsorship from that employer The applicant must satisfy the Maintenance Requirement for his or herself and each dependent Satisfy the English Language Requirement if applying to extend leave beyond 3 years Gain 60 points or more in a Points Test which reflects the above and other factors such as academic qualifications and prospective earnings (70 points or more if the English Language Requirement is applicable)

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Philippine Immigration
A temporary visitor coming for business or for pleasure or for reasons of health; A person in transit to a destination outside the Philippines;

A seaman serving as such on a vessel arriving at a port of the Philippines;

An alien entitled to enter the Philippines under and in pursuant of the provisions of a treaty of commerce and navigation An accredited official of a foreign government recognized by the Government of the Philippines, his family, attendants, servants, and employees; A student, having means sufficient for his education and support in the Philippines, who is at least fifteen years of age and who seeks to enter the Philippines temporarily and solely for the purpose of taking up a course of study higher than high school at a university, seminary, academy, college or school approved for such alien students by the Commissioner of Immigration; and An alien coming to pre-arranged employment
An alien who is admitted as a non-immigrant cannot remain in the Philippines permanently. To obtain permanent admission, a non-immigrant alien must depart voluntarily to a foreign country and procure from the appropriate Philippine consul the proper visa and thereafter undergo examination by the officers of the Bureau of Immigration at a Philippine port of entry for determination of his admissibility in accordance with the requirements of this Act.

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Mauritius Immigration
Application For Residence Permit - For Employment In Mauritius
Any person who wishes to seek employment or engage in any gainful occupation in Mauritius may not be allowed to enter Mauritius unless he/she is the holder of a Residence Permit issued by the Passport Immigration Office and a Work Permit issued by the Ministry of Labour, Industrial Relations and employment. Processing Time Issuance of visa requires at least one month

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About LawQuest
Provides Client Centric Legal Solutions
Member of the American Immigration Lawyers Association AILA (more than 8,000 members)

Founder Member of the Global Immigration Action Group in AILA

Former Member of the Alliance of Business Immigration Lawyers Member of the European Association of Attorneys A Worldwide Network Of Lawyers

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LawQuests Areas of Practice

Intellectual Property Law Trademark Law Copyright Law Designs Law Immigration Law and Work Permits Global Immigration Solutions US immigration Canadian immigration Indian immigration Real Estate Law Transfer of Property Property Documentation Title Verification Stamp Duty Issues Leave and License Agreements Document Registration Employment Law Employment contracts and ancillary documents Strategy and documentation for safeguarding of confidential information and protecting intellectual property Drafting personnel policies and employee manuals

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