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  • Blog Feeds
    05-17 12:40 PM
    Last week we became members of Global Alliance of Hospitality Attorneys (http://www.hospitalitylawyer.com/index.php?id=47), this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

    Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

    E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)

    This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

    An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

    The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

    H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)

    Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

    Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

    Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

    J1 Visa

    For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

    This type of J-1 classification is valid for four months and allows the students to assist
    companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.

    The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

    H3 Visa

    The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

    An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

    Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

    TN Visa

    NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

    The Conditions for Professionals from Mexico and Canada to Work in the United States

    * Applicant should be a citizen of Canada or Mexico;
    * Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications of the profession

    Requirements for Canadian Citizens

    Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

    L1 Visa

    L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

    The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.

    Requirements

    A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

    H1B visa

    Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

    A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

    Specialty occupation is defined as an occupation, which requires:

    * Theoretical and practical application of a body of highly specialized knowledge, and
    * Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

    A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

    We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

    The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.







    More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)





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  • prash20
    05-29 09:26 PM
    the reason for denial was regarding the Company B , they were saying that Company B doesnt qualify as a employer or agent so cannot employ me


    The transfer was from Company A h1 to Company B h1 not from university h1 to compnay B h1





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  • GKBest
    10-13 09:41 PM
    All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.

    Are you a July 2nd filer?





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  • akhilmahajan
    04-30 06:30 PM
    If i check the dates for the I140 at Texas service center............. it say october, 2006............ but here we have few ppl who have been approved from november, februray,,,,,,,,,,,,,,

    is it like something random, or USCIS holds a lottery ............. i am just curious........



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  • brawn81
    08-09 06:51 PM
    can you please add 2005,06,07,08 in the poll options..





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  • dog123
    09-18 06:07 PM
    NSC and Paper file



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  • GC_1000Watt
    05-21 01:25 AM
    Get HDFC receipt
    Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
    2 days after the receipt was issued, take appointment (online).
    Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
    Appear for interview

    You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.


    Thanks krish for the detailed answer. Btw when Ds 156 and 157 will come into play?
    Can you also share your mumbai consulate experience if you were there recently?
    Thanks dude!





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  • mmanurker
    08-11 11:57 AM
    Done..

    EB3-I, PD: Dec2003



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  • learning01
    05-11 01:21 PM
    I am trying but I am getting a busy tone.





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  • rockstart
    02-20 07:14 PM
    I submitted my passport renewal in december 09 and received my new passport in feb 10. Exactly 3 months to the date. Its a pretty slow process. Initially they gave me a Jan date to pick the passport ( I did not personally not via mail) and when I went there they said they had not received police clearance from India (no change in house or any info from old passport) but good part was they said they will call me when the passport is ready and they did call. Other wise there is no way to contact them. The phone just rings and rings and message box is full.



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  • lazycis
    12-28 08:22 AM
    RFE for I-140

    I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise

    To company lawyer, since company is the petitioner for I-140.





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  • amitjoey
    05-28 12:27 PM
    Greatly apprecite if anyone can give their inputs...

    I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

    So my query is...

    1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

    Any inputs will be greatly apprecited....


    PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
    In the meantime, get 3 years extension on your H1, based on approved I140.
    Check w/lawyer.



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  • gc28262
    03-11 09:28 AM
    I had the same issue. Still awaiting my AP which was applied in Nov 2008.
    When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.

    I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.

    Finally I called them again, this time I talked to a more knowledgeable accommodating IO.

    Keep calling the service center till you get an instruction similar to the following.

    This is the instruction provided
    ----------------------------------------------------------
    Fill out I-131 Application or use the copy of your original application
    attach two photos

    Mention the receipt no on the top of the form
    Also mention REPLACEMENT : no Fees included
    Add a covering letter explaining the situation

    Post it to the following address

    USCIS Texas Service Center
    ADDRESS ( This is a special address, This not the standard USCIS address)

    On Lower Left corner of the envelope mention:
    do Not open in the mail room, No fees are attached

    ------------------------------------------------------------------

    I am still awaiting my AP after doing this. :confused:





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  • dealsnet
    12-06 07:21 AM
    My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

    Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

    If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.

    Thanks



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  • pappu
    08-24 07:18 PM
    are they from same EB catagory? or different?I like many others got a PERM labor & got 140 based on PERM labor.

    Recenty , I applied 485 (based on this 140 )in this mad rush


    Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .


    The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????


    I am sure many of us double PDs & might need to find an answer to this ?


    can someone help ??

    Thanks





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  • th5000th
    07-10 05:51 PM
    On June 9th, CIS provided the required data to VO. ????

    a1b2c3....hang in there.....Sept might bring more good news.......

    Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)



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  • kanakabyraju
    08-20 02:50 PM
    Thanks LT. I have to be in india for a wedding in the second week of sept. I thought being valid is good enough. Where did you find the six month passport validity needed for travel. I can get it renewed while I'm in India but I'm not sure how long it will get it to be renewed in India. I'm planning to be in India for three weeks. Thanks again.

    Use tatkal service at India embassy and you may get it on the same day.





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  • godspeed
    08-20 09:50 PM
    Totally agree on the information front.
    Our stress levels will be in control if everyone of us knows their case status.

    I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.





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  • pappu
    01-15 11:00 PM
    Any body else from Alabama? Please sign up here if you are from alabama. Lets start our state chapter activities. I am willing to take the lead to start the activities. So all you alabama residents please sign up.
    Thanks Harsh.





    vulcanfly
    07-19 10:12 PM
    So we can transfer our H1's but can we still have our 485 applications pending





    tonyHK12
    12-07 06:13 PM
    Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.

    Salary for any job depends on lot of factors. How one negotiates is a key factor.



    Cool how did he find the job, did he go through a recruiter from here or did he first land there and then search for a job?



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