Happy Travels – Tips for a Stress Free Admission to the U.S.

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Travel

As we approach the holidays and more people travel, it is very important to make sure that you check your I-94 Arrival/ Departure Form every time you enter the United States.  Checking your I-94 form is easy and you can do it online.  It only requires a few minutes and your passport information.  You can download your I-94 Form here.

Unfortunately, there is a high rate of error on the admission records. It is important that the record is correct because the I-94 governs your lawful stay in the U.S., and not your passport, your visa, or your petition approval.

Are You Ready for the New “Smart” Form I-9?

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I-9

USCIS has advised that it will publish the revised Form I-9, Employment Eligibility Verification, by November 22, 2017. Employers may continue using Form I-9 dated 03/08/2013 through Jan. 21, 2017.

Employers must be ready to start using the new Form I-9 by Jan. 22, 2017.   Will you be ready? We will be providing updates and learning opportunities for you on this topic.   Stay tuned. 

Employer Alert: F-1 to H-1B Status Transition – Be Aware of FICA Tax Changes

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F-1, H-1B

Employer Alert: Be aware of FICA tax changes for your employees going from F-1 to H-1B status

Most international students in F-1 or J-1 status are exempt from FICA (Medicare and Social Security) taxes on wages.  However, H-1B visa holders are subject to withholding of FICA tax and federal and state income taxes. H-1B visa holders are taxed as “resident aliens” on their worldwide income and may claim deductions for family members.

Did You Know? Facts About Foreign Students in America and Why You Should Hire Them

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H-1B

To compete in the global economy, U.S. employers need foreign talent. Download this FREE printable resource here.

• The average U.S. college graduate leaves his/her first job in less than 2 years following graduation.
• The average F-1 student remains in his first job 6 to 7 years after graduation.
• The total cost for an employer to sponsor two H-1B visas over the course of 6 years is roughly $10,000.
• These costs are minor compared to the costs of advertising, hiring, training and retraining an unstable workforce.
• These costs are minor compared to the average employee compensation over a number of years.

Time to Renew Your E-2? We Can Help You!

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Travel and Passports

E-2 Visa Five Year Extension Approved for
Canadian Citizen at the U.S. Consulate in Toronto 

Our client, a Canadian citizen, came to the U.S. with his family five years ago to start a niche automotive business under an E-2 treaty investor visa. The E-2 visa is an attractive way for small business owners and entrepreneurs from certain countries that have a treaty of commerce with the U.S. to come and expand or start a business.

Is Your Degree on the STEM Designated Program List?

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F-1, STEM-OPT

For many of our readers, and especially foreign students on F-1 status knowing and understanding if their degree is a STEM Designated Degree Program is critical to plan for their immigration future.

This designation can determine whether or not an F-1 student can benefit from the new 24-month STEM optional practical training (OPT) extension rule.  If so, the student can remain in the U.S. training and be gaining work experience  for a much longer time and have a greater chance at applying for a potential H-1B petition, sometimes two to three times, under the lottery.

Are You Trying to Understand the New STEM OPT Rules?

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STEM-OPT

I have tips for you! 

Employers, foreign students, and schools are looking for best practices to complete the new Form I-983, Training Plan. With this in mind, I have published a White Paper to assist. The paper provides examples to complete the training program goals and objectives and measure the training effectiveness and outlines key provisions of the 24-month STEM extension.

To read the paper in its entirety and download a copy, click here.

Notifying USCIS of a Change of Address Is Important!

Our team receives numerous questions regarding this topic and this post provides guidance and answers to your FAQ’s about changing your address with the USCIS.

It is the responsibility of foreigners undergoing an immigration process in the U.S. to notify USCIS of their current address.

Students not selected under the FY17 H-1B lottery who are currently working under F-1/OPT STEM should strategically consider taking advantage of the new 24-month STEM OPT extension

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H-1B, STEM-OPT

Students not selected under the FY17 H-1B lottery who are currently working under F-1/OPT STEM should strategically consider taking advantage of the new 24-month STEM OPT extension

Below, I review some of the key points of this rule and offer action items.

 

• The new rule goes into effect May 10, 2016.
• Eligible students working under the 17-month OPT STEM must apply for the seven months extension between May 10, 2016, and August 8, 2016 (“the transition period”).
• Eligible students must have at least 150 days of employment authorization remaining at the time that the “I-765, Employment Authorization Document (EAD)” is filed with USCIS.
• Students whose current 17-month EAD expires between Oct. 7, 2015, and Jan. 5, 2017 could lose eligibility for the seven-month extension if the EAD is not filed with at least 150 days of work authorization remaining.
• The new rule requires that employers complete a new Form I-983 relating to the details of the training opportunity.
• The EAD application for the seven-month extension must contain a completed and signed Form I-983.
• Employers with employees seeking the 24-month extension must be enrolled in E-Verify.

 

Eligible students should contact their DSO as soon as possible for information and authorization to file for the seven-month extension and complete all the documentation required.

Can I apply for naturalization with an expired “green card”?

You should keep your “green card” valid at all times and plan to apply for naturalization while it is valid.

As a U.S. permanent resident, you are expected to carry a valid green card with you.  The naturalization process is taking several months and sometimes up to a year.  Not having a valid “green card” can lead to difficulties in obtaining employment, a driver’s license, traveling abroad and much more.

USCIS used to issue an I-551 stamp for those with a pending N-400, Naturalization Application, who had an expired LPR or “green card”.

This I-551 stamp served as evidence of the person’s valid permanent resident status.   However, a new USCIS policy says that ”a pending N-400 does not exclude an applicant from filing an I-90 and he/she must keep his/her “green card” current up until the naturalization process is completed.”

In general “green cards” are issued for ten years.  Before the ten years are up, the green card holder is expected to renew the card by filing Form I-90 with USCIS.

It saves you money and time if you don’t want to renew your “green card” to start the naturalization process at least two years prior to your “green card” expiration.

If you are concerned about this process, you should consult with an attorney.