Category: Immigration Rules

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USCIS to Select H-1B Visa Registrations by Highest Prevailing Wage Level

Effective March 9, 2021, a new rule will change the selection process for H-1B visa registrations. This rule change will result in challenges to employers’ ability to hire foreign talent. The Department of Homeland Security (DHS) final rule allows the United States Citizenship and Immigration Services (USCIS) to select H-1B visa registrations by the highest prevailing wage level. Ultimately, visa registrations will be chosen for processing based on the highest wage an employer offers.

The H-1B Visa Registrations Rule Regarding Prevailing Wage Levels

According to the DHS, the new rule is in place to incentivize employers in a number of areas. Notably, the rule states that prioritizing by wage level for each cap will incentivize employers to:

  1. Offer higher wages to H-1B employees
  2. Petition for positions that require higher skills
  3. Attract foreign talent that have higher skills

The new rule should help USCIS ensure H-1B cap allocations go to the most highly qualified workers.

Also, the new rule provides a strong disincentive for employers to avoid “abuse” of the system to fill positions that:

  1. Pay workers at low rates
  2. Require less skills to perform

What Does This Mean for Employers?

Employers should expect to face continuing uncertainty and confusion regarding H-1B visa registrations. Litigation against this new rule is likely to occur. However, several factors are combining to make the FY 2022 H-1B visa lottery process particularly challenging:

  1. Timing of the new rule
  2. Expected litigation
  3. Higher wage costs relating to the new rule
  4. End of the current administration
  5. Start of the new administration
  6. Continued impacts relating to the COVID-19 pandemic

What Should Employers do About H-1B Visa Registrations?

Employers should plan to submit documentation that meet the new rule’s requirements. Even if the new rule faces litigation, it is uncertain whether that litigation will be finalized in time to materially impact the FY 2022 H-1B visa registrations process.

Employers should work with a qualified and knowledgeable Relocation Management Company (RMC). RMCs will have experience navigating the visa and immigration processes. As a result, RMCs can help employers through the process with successful results.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients successfully submit H-1B visa registrations. Our team can help your company understand how to prepare, register, and submit registrations in the FY 2022 H-1B visa lottery for the greatest chance of successful results.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Powered by GMS’ 2020 Mobility Benchmark, the innovative GMS Program/Policy Evaluation (PPE) Tool provides instant relocation policy reviews. It also helps users gain insight into how their company’s relocation program compares to their industry peers.

Contact our experts online to learn more about the H-1B visa registrations rule regarding prevailing wage levels now. Give us a call at 800.617.1904 or 480.922.0700 today.

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Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Canada Citizenship Path to Expand for Foreign Residents

In an effort to encourage foreign temporary residents to stay, the Canada citizenship path will expand to make it easier for them to become a permanent resident. Currently there are over one million temporary residents in Canada. However, the COVID-19 pandemic has reduced the number of immigrants entering the country.

Canada migration consists of both permanent and temporary residents. Net immigration statistics show the impact of the pandemic:

 2019 (annual)2020 (1st 6 months)
Temporary Residents+190,952-18,221
Permanent Residents+252,000 est.+128,430

Canada is seeking to add immigrants at an aggressive rate, with a goal of adding over 1 million immigrants by the end of 2021. The country’s plan for immigration includes the following:

2019350,000
2020360,000
2021370,000

Canada’s plan includes immigration relating to several factors:

  • Federal economic and provincial/territorial nominees
  • Those eligible for family reunification programs
  • Refugees

Why is Expanding the Canada Citizenship Path Important?

Canada is relying on immigrants to power its economy and counteract the long-term demographic impact of an aging population. Currently, Canada’s population is less than 37 million residents. Of these residents, nearly 20 percent are immigrants. The country is exceptionally welcoming to immigrants, with Prime Minister Trudeau publicly noting “Diversity is our strength #WelcomeToCanada.”

Canada is considered underpopulated, and as a result often has more jobs than workers. Immigration is key to helping the Canadian economy grow. The country’s population rate of growth for 2020 is only 0.89%, the lowest rate for the past several years. Expanding the Canada citizenship path will hopefully increase the population growth rate.

Programs to Draw Immigrants to Canada

The country has instituted many unique programs to draw immigrants. One immigration pilot initiative seeks to attract highly skilled immigrations to smaller cities and towns in the province of Ontario. Another initiative focuses on attracting students and youth of Hong Kong with a new open work permit and a broader Canada citizenship path. Criteria will include one year of work experience in Canada, and a minimum level of language proficiency and education. The new open work permit allows young people in Hong Kong to come to and hopefully stay in Canada while they gain work experience.

Among large industrialized countries, Canada has one of the lowest populations, ranking at #39. By comparison, countries including the US, UK, China, India, Germany, Mexico, France, Italy, and Spain all have much higher populations than Canada. The country’s best hope to keep residents in the face of the continuing pandemic is to expand the Canada citizenship path for its temporary residents.

What Does This Mean?

Canada’s immigration ministry is working to identify a new Canada citizenship path for the country’s temporary workers. It is also looking to expand opportunities to draw immigrants to Canada. The country’s economic growth depends on a steady supply of highly skilled workers. Also, increasing immigration will lessen the impact of an aging population on the country’s social services budgets.

What Should Employers Expect with an Expanding Canada Citizenship Path?

Employers in Canada should expect to see an increase in the number of immigrants seeking to leverage the expanding Canada citizenship path. With nearly twenty percent of the country comprised of immigrants, the atmosphere is welcoming and supportive. Employers should also expect to see a rise in job seekers utilizing the open work permit program.

Employers not currently in Canada should look into the country as a strategic location for future corporate expansion. The services of an International Professional Employer Organization (PEO) may be useful in this respect. International PEOs can help employers enter new markets quickly and determine the prospect for their future success.

What should Employers do as the Canada Citizenship Path Expands?

Work with a Qualified Relocation Management Company

Employers in Canada should review their talent acquisition program to ensure it aligns with a growing number of immigrants in their workforce. They should also work with a qualified Relocation Management Company (RMC). RMCs can help employers review their relocation and visa programs with a goal of encouraging highly skilled immigrants to choose their job opportunities.

Investigate the Services of an International Professional Employer Organization

Employers outside of Canada should consider utilizing the services of an International PEO. By working with an International PEO, companies can increase their international employment in Canada quickly and easily. RMCs can provide expert assistance to employers looking to expand their corporate presence through the services of an International PEO.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients develop relocation programs that attract and retain qualified employees. Our team can help your company determine how to benefit from an expanding Canada citizenship path.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to learn how your company can benefit from an expanding Canada citizenship path, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Start Planning Now for the FY 2022 H-1B Visa Lottery

The FY 2022 H-1B visa lottery process requires thorough review and careful planning to ensure success. Foreign national talent with exceptional skills and experience are highly coveted for key positions by many prospective US employers. Specific jobs often filled by employees on H-1B visa sponsorship include information technology specialists, engineers, and scientists.

What are the Changes for the FY 2022 H-1B Visa Lottery?

The United States Citizenship and Immigration Services (USCIS) is expected to follow several of the new processes put in place for the most recent FY 2021 lottery. However, USCIS has not announced the date when the official process will open. For FY 2021, prospective petitioners could create accounts starting on February 24, 2020. A similar pre-petition account creation date is likely to be communicated for this year’s process.

The Department of Homeland Security (DHS) has also proposed a change in how USCIS selects registrations for filing of cap-subject H-1B petitions. The change will result in:

  1. USCIS first selecting registrations based on the highest prevailing wage level
  2. Wage level ranking would apply to the regular cap
  3. The ranking would also apply to the advanced degree exemption

This proposed change follows a previous Department of Labor (DOL) restructuring of the prevailing wage system for foreign national talent. The DOL instituted an Interim Final Rule (IFR) called “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The DOL wage system restructuring was meant to reduce program abuses that appeared to undermine wages and opportunities for US workers. However, later rulings have resulted in legal challenges and court orders to set aside the DOL’s IRF. The DOL noted it is taking steps to comply with court orders.

An additional factor that may result in changes is the inauguration of the next US President on January 20, 2021. With a new administration, a new focus on immigration is likely to change processes for the FY 2022 H-1B visa lottery process. However, changes will take time. Therefore, the upcoming year’s process may still follow a similar pattern as last year’s process.

Review of the Most Recently Defined H-1B Visa Lottery Processes

It is difficult to determine just how many changes there might be to the FY 2022 H-1B visa lottery process from the January 20 inauguration date to the lottery’s potential start date. However, a review of the FY 2021 H-1B visa lottery process will provide some insight into the most recently defined requirements.

Starting in FY 2021, petitioners had to submit an electronic registration. USCIS noted the registration should make visa processing more streamlined. It should also reduce excess paperwork and costs. Petitioners pay a registration fee and then only pay the visa lottery fee if the process successfully chooses their registration for processing.

Registration Expected for the FY 2022 H-1B Visa Lottery Process

The FY 2021 H-1B electronic registration process followed these simple steps:

  • Petitioners could create accounts starting on February 24
  • Petitioners input limited company data and information about the foreign national talent into the online registration portal
  • Registration fee of $10 applies to each entry
  • USCIS opened the initial registration period on March 1
  • A random selection process for H-1B visas on the registrations then chooses entries eligible to submit petitions
  • Fee is $10 and applies to all registrations submitted during the initial and future periods

Lottery Expected for the FY 2022 H-1B Visa Lottery Process

The FY 2021 H-1B visa lottery process followed this pattern:

  1. The first lottery included all petitions and was subject to the 65,000 cap limit
  2. Following the first lottery, the rest of the petitions are then eligible for the 20,000 visas reserved for applicants with advanced degrees from US educational institutions

DHS noted the lottery process was expected to actually increase the number of H-1B visa holders with a master’s or higher degree from a U.S. institution of higher education to be selected for further processing.

What Should Employers do about the FY 2022 H-1B Visa Lottery?

HR teams should fully prepare in order to submit electronic registrations on the date USCIS opens the portal. They should also review hiring plans and identify all necessary documentation. As a result, this will help ensure both the registration process and the petitioner process move along as quickly as possible. Employers should work with a Relocation Management Company (RMC) that has extensive experience in visa processing. RMCs will have knowledge and expertise that will help ensure a smooth FY 2022 H-1B visa lottery process. As a result, petitioners will have a much greater likelihood of success in hiring skilled foreign national talent.

Where Should Employers Begin?

Global Mobility Solutions’ team of global relocation experts can help your company with the FY 2022 H-1B visa lottery process. Our team’s knowledge and access to visa and immigration resources leads the relocation industry. We have helped thousands of companies understand how to successfully navigate the H-1B visa lottery process and mitigate talent shortages with global relocation.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients prepare for the H-1B visa lottery. Our team can help your company understand how to prepare, register, and submit petitions in the FY 2022 H-1B visa lottery for the greatest chance of successful results.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to discuss your FY 2022 H-1B visa lottery plans, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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2020 Inbound Immigration to the United States: Where are the Workers Coming From?

indian students in a class room

The U.S. Department of Homeland Security (DHS) reports that 2020 inbound immigration for the Fiscal Year (FY) First Quarter saw over 117,000 foreign nationals enter as new arrivals. This number is the same as the FY 2019 First Quarter figure.

Table 1B in the report shows 6,839 new arrivals in the employment-based preferences category. This total is further delineated by several employment-based classes, including:

First: Priority workers 493
Second: Professionals with advanced degrees, exceptional ability 1010
Third: Skilled workers, professionals, and unskilled workers 3537
Fourth: Certain special immigrants 589
Fifth: Employment creation (investors) 1210

The U.S. Department of Labor (DOL) issues labor certifications for both permanent and temporary employment of foreign workers under several programs:

  • Permanent Labor Certification
  • H-1B Specialty (Professional) Workers
  • H-2A Temporary Labor Certification (Seasonal Agricultural)
  • H-2B Temporary Labor Certification (Non-agricultural)
  • D-1 Crewmembers Certification

Foreign workers hired under these programs represent a portion of the new arrivals for employment-based preferences in the 2020 inbound immigration figures reported by DHS.

2020 Inbound Immigration: Countries of Origin

New arrivals in the employment-based preferences are part of the category of “Lawful Permanent Residents.” DHS notes that thirty-seven percent of new lawful permanent residents arrived from six top countries of origin:

  • Mexico
  • People’s Republic of China
  • Vietnam
  • The Dominican Republic
  • India
  • The Philippines

According to the Migration Policy Institute (MPI), immigrants from Vietnam usually arrive to the U.S. through family reunification, not through employment channels. The same holds true for immigrants from the Dominican Republic.

By comparison, MPI notes that Chinese nationals received the second-largest number of H-1B visas in FY 2018, after Indian nationals. For Indian nationals, MPI reports that nearly half of the immigrants from India obtained lawful permanent residence through employer sponsorship.

2020 Inbound Immigration to the U.S. from India: Where are the Employment Centers?

The top 5 states where more than half of the 2020 inbound immigration from India reside are:

  • California
  • New Jersey
  • Texas
  • New York
  • Illinois

The top 4 counties that serve as destinations for 2020 inbound immigration from India are:

  • Santa Clara County, California
  • Middlesex County, New Jersey
  • Cook County, Illinois
  • Alameda County, California

The two counties in California comprise the bulk of Silicon Valley. Cities in Santa Clara County include San Jose, Mountain View, and Palo Alto. Alameda County includes the Bay Area cities and towns across the bay from San Francisco: Berkeley, Oakland, Hayward, Fremont, and Pleasanton.

Middlesex County in New Jersey includes the cities and towns of Edison, Woodbridge Township, New Brunswick, Sayreville, and South Amboy. This county is known for its long history of innovation.

Cook County in Illinois includes the cities and towns of Chicago (a high-tech hub), Evanston, Schaumburg, Des Plaines, Oak Lawn, Orland Park, and Elk Grove Village. Chicago is the third largest city in the nation.

According to MPI, immigrants from India have a much higher educational attainment compared to other immigrants and the U.S. population as a whole. This is due to how they enter the U.S.: either as international students, or as H-1B visa workers at jobs requiring a university degree. For FY 2016, immigrants from India accounted for 74% of the H-1B visa petitions (both initial and continuing employment) approved by the U.S. Citizens and Immigration Services (USCIS).

New National Education Policy in India Focuses on Technology

India’s Union cabinet has proposed significant changes to the country’s national education policy. The goal is to align education to the requirements of today’s workforce and employer needs. The policy recommends that education include teaching coding in school from the sixth standard onward. Ultimately, the policy aims to impart mathematical thinking and an interest in scientific topics in students. This trend has impacted 2020 inbound immigration from India.

The national education policy is being revamped to further align with India’s Sustainable Development Goals (SDGs). The SDGs were adopted by United Nations member countries in 2015 to serve as a call to action to eliminate poverty, protect natural resources, and bring prosperity and peace to all by the year 2030. SDGs aim to transform the world and strengthen universal peace.

What Does 2020 Inbound Immigration Mean for Employers?

Employers should learn about the current immigration trends and how they might impact their future ability to hire foreign nationals. While India has seen much success as the nation works to reach their SDGs, many other nations are also investing in education.

Also, several nations are pursuing significant educational reforms, including:

  • Mexico
  • Pakistan
  • Papua New Guinea
  • Poland
  • Vietnam

This may lead to greater competition from foreign nationals of these nations for immigration to the U.S. and the many opportunities this presents to them and their family members.

Where Can Your Company Get Help to Leverage 2020 Inbound Immigration?

Global Mobility Solutions has a team of global relocation experts who can help your company understand how to leverage immigration trends to benefit your talent acquisition and relocation programs. Our team’s knowledge and access to visa and immigration resources is unparalleled in the industry. We have helped thousands of companies navigate the U.S. visa program and H-1B visa lottery process reach successful results.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients understand how to attract and hire the best candidates for job openings. Our team can help your company learn how to leverage visa programs and other creative solutions to hire foreign nationals. As a result, your company will have greater success with corporate objectives and be able to benefit from 2020 inbound immigration.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

New SafeRelo™ COVID-19 Knowledge Portal

GMS recently launched its new SafeRelo™ COVID-19 Knowledge Portal featuring a number of helpful resources including:

  • Curated selection of news and articles specific to managing relocation programs and issues relating to COVID-19
  • Comprehensive guide to national, international, and local online sources for current data
  • Program/Policy Evaluation (PPE) Tool for instant relocation policy reviews

Contact our experts online to learn more about how your company can benefit from the 2020 inbound immigration to the U.S., or give us a call at 800.617.1904 or 480.922.0700 today.

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2020 H-1B Visa Program: Department of Homeland Security Proposing Amendments

Shot of a young computer programmer working on source code

The 2020 H-1B Visa Program may receive further amendments. The U.S. Department of Homeland Security (DHS) issued a rule in September for the White House to review. This rule has been published in several agendas from Fall 2017 through Spring 2020. The rule pertains to several aspects of the program, including:

  • Definition of specialty occupation
  • Employer-employee relationship
  • Wages paid to H-1B visa holders

2020 H-1B Visa Program: The Basics

The FY 2021 H-1B visa lottery process opened on March 1, 2020. Many employers with job openings in specialty occupations offer H-1B visa sponsorship to foreign talent. However, there are cap limits in place for these visas. Because employers submit many thousands of petitions every year, they must plan accordingly. As such, the new amendments proposed for the 2020 H-1B visa program may not become effective until the FY 2022 H-1B visa lottery process.

Employer’s Requirements

For foreign talent seeking to enter the United States through the H-1B visa program, there are several requirements for their employer to follow, including:

Note: Foreign nationals may stay in the United States up to three years using their H-1B visa. However, subsequent renewals may not allow them to exceed a total stay of six years (with limited exceptions).

Reason for Amendments to the 2020 H-1B Visa Program

The title of the rule is “Strengthening the H-1B Nonimmigrant Visa Classification Program.” According to the description of the rule, DHS is revising definitions and imposing new requirements to ensure a number of objectives:

  1. Strengthen the program to obtain the “best and brightest” foreign talent
  2. Protect U.S. workers and wages
  3. Ensure employers pay visa holders appropriate wages

What Does This Mean for Employers?

Employers should follow the progress of this rule. Following the White House review, DHS may release the regulation to the public for comments. However, it may also be published as an “interim-final rule.” As a result, this may allow it to be immediately effective without public comment.

Changes to the definition of specialty occupations may have a direct impact on an employer’s talent acquisition programs relating to the 2020 H-1B visa program. Also, any changes relating to the employer-employee relationship or wages paid to H-1B via holders should be thoroughly reviewed to ensure compliance.

Where Can Your Company Get Help With Your 2020 H-1B Visa Program?

Global Mobility Solutions has a team of global relocation experts who can help your company understand how amendments to the 2020 H-1B visa program may impact talent acquisition and relocation programs. Our team’s knowledge and access to visa and immigration resources is unparalleled in the industry. We have helped thousands of companies with the H-1B visa lottery process reach successful results.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients prepare for the annual H-1B visa lottery. Our team can help your company understand how to adjust your programs for the proposed amendments to the 2020 H-1B visa program.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to discuss your company’s need relating to the 2020 H-1B visa program, or give us a call at 800.617.1904 or 480.922.0700 today

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Mexico Immigration Alternatives in Response to Proclamation 10014

View of the Guadalajaran skyline.

Mexico immigration alternatives offer additional routes for US employers looking to hire foreign nationals. The Trump Administration’s Proclamation 10014 limits the entry of foreign nationals under several classes of immigration visas. The concept of “nearshoring” lets employers leverage a creative solution that may fulfill several business needs. Many countries near the US have less restrictions on their immigration policies than Proclamation 10014.

What are Mexico Immigration Alternatives?

GMS spoke with Michelle LePage, Founder/Managing Partner and Senior Global Administration Advisor at Global Mobility Partners, LLC. Michelle agreed to share her industry knowledge and immigration expertise on Mexico immigration alternatives.

Recap of the Proclamation 10014 Situation

The Trump Administration originally unveiled Proclamation 10014 on April 22, 2020. The proclamation has been referred to as “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.” On June 22, the Administration determined that this proclamation is subject to continuance through December 31, 2020. These proclamations result in limiting the entry of foreign nationals under several classes of immigration visas, including the following:

  • H-1B Specialty Occupations
  • H-2B Temporary Non-Agricultural Workers
  • H-4 Dependent Spouses and Unmarried Children Under 21
  • J-1 Exchange Visitors
  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge

Many technology industry companies  use these immigration visas widely, including industry leaders Apple, Google, Amazon, Salesforce, Facebook, and Twitter. Amazon Corporate LLC has filed 4,481 labor condition applications for H-1B visas from fiscal year 2017 to 2019, ranking at number 21 among all visa sponsors.

According to the Trump Administration’s intentions, Proclamation 10014 should drive these technology industry companies and many others to hire workers who are already living in the US. Still, many highly qualified workers are currently located in other countries, and companies may want to hire them domestically. Mexico immigration alternatives might provide another avenue for hiring highly skilled foreign nationals.

What are Mexico Immigration Alternatives?

US employers who want to hire foreign national employees may be able to use Mexico immigration alternatives. These alternatives will bring/keep the employee closer to the US than perhaps their country of origin. For employers that can meet the requisite criteria, a number of benefits may accrue, including:

  • Ease of business travel to/from Mexico
  • Lower costs and less time for business travel
  • Living in Mexico will increase foreign national employees’ experience and knowledge of other customs and cultures of North America
  • Mexico is the center of Latin America’s technology revolution
  • Startup GDL is a nonprofit organization working to make Guadalajara, Mexico’s second largest city, a leading technology hub

The United States-Mexico-Canada Agreement (USMCA) creates new opportunities for beneficial trade and economic growth throughout North America. USMCA is effective as of July 1, 2020. The agreement modernizes the 25-year-old NAFTA trade agreement between the three countries. U.S. Customs and Border Protection (CBP) administers the USMCA. As the second largest individual country trading partner to the US, Mexico already offers many strategic advantages including strong and established business relationships.

What are the Key Criteria?

At Global Mobility Partners, LLC, we have created a number of helpful documents that describe the requirements for various countries. For Mexico, the primary immigration category for temporary expatriates is known as a Temporary Resident Visa for Remunerated Activities (TRV). TRVs are for foreign nationals who are transferred to Mexico for a temporary assignment.

Our Mexico Work Authorization Summary Sheet notes three key criteria:

  • Assignment must be at least 180 days in duration
  • There must be a local sponsoring Mexican company holding current registration with the National Immigration Institute
  • The Mexican company must pay a portion of the employee’s salary

Mexico immigration alternatives such as the TRV are initially valid for 1 year, but may be extended:

  • Up to 4 years
  • Employers should initiate the application to extend temporary work status at least 6 months prior to expiration

Note: Our recommendation to start the extension application nearly coincides with the start date of the temporary assignment! Processing times may be lengthy and subject to change due to unforeseeable political situations.

What Should US Employers do About Mexico Immigration Alternatives?

The specific requirements for Mexico immigration alternatives require a thoughtful approach. We recommend US employers contact us before taking action. Important points for employers to note include the fact that spouses are not work authorized. However, non-married partners are allowed to accompany the employee, as are same-sex partners and children up to 17 years of age.

Employers should be sure the foreign nationals they seek to hire are aware of these and other specific requirements. Consultation with an expert from Global Mobility Partners, LLC is highly recommended. As a result, this will help US employers develop appropriate and effective solutions for Mexico immigration alternatives.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients learn about important issues such as visa and immigration options for their organization. Our mobility consulting team can help your company understand if it can leverage Mexico immigration alternatives with the assistance of the experts at Global Mobility Partners, LLC.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. As a result, GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to learn more about Mexico immigration alternatives, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Administration Limiting Immigration Visas due to High U.S. Unemployment Levels

The Trump administration will be limiting immigration visas in order to protect U.S. workers suffering from job losses during the COVID-19 pandemic. The order also bars groups of foreign workers. Several types of visas fall under the new executive order. The administration believes the new restrictions are necessary to counteract the impact of high unemployment levels.

The Proclamation issued on June 22, 2020, amends the Proclamation 10014 of April 22, 2020 to have an expiration of December 31, 2020. An important point to note in the Proclamation is that it only applies to any alien who, on the effective date of the Proclamation:

  1. is outside of the U.S.
  2. does not have a valid nonimmigrant visa
  3. does not have an official travel document other than a visa that permits travel to the US for entry

The Proclamation also requires three Secretaries to confer and consider any necessary modifications within 30 days of June 24 and every 60 days from then on. The three Secretaries that will review conditions limiting immigration visas are responsible for these U.S. Departments:

  • Homeland Security
  • State
  • Labor

Limiting Immigration Visas: Impact

The new executive order limiting immigration visas will impact several visa categories, including the following:

H-1B Specialty Occupations

H-1B visas are subject to the Trump administration’s skills-based immigration plan. They are also subject to the U.S. Citizenship and Immigration Services new online H-1B visa lottery registration system.

Basic Requirements:

  1. Theoretical and practical application of a body of highly specialized knowledge
  2. Bachelor’s Degree or higher level of education

H-4 Dependent Spouses and Unmarried Children Under 21

H-4 visas are a temporary, nonimmigrant visa for the spouses and unmarried children (under 21 years of age) of H-1B visa holders. In some cases the U.S. has provided work permits for H-4 visa holders that are valid as long as their H-1B visa holding spouse remains H-1B eligible. Visa holders in this category are dependent upon any issue limiting immigration visas for their H-1B visa holding spouse or parent.

Basic Requirements:

  1. Is the spouse (or child) of an H-1B nonimmigrant
  2. The H-1B nonimmigrant spouse:
  3. Must be the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers
  4. Has been granted H-1B status

H-2B Temporary Non-Agricultural Workers

Basic Requirements:

After USCIS approved Form I-129 Petition for a Nonimmigrant Worker, prospective H-2B workers who are outside the U.S. must:

  • Apply for an H-2B visa and then seek admission to the U.S.

or

  • Directly seek admission to the U.S in H-2B classification at a U.S. port of entry in cases where an H-2B visa is not required.

L-1A Intracompany Transferee Executive or Manager

Basic Requirements:

  1. The employee must have been working for one continuous year within the immediately preceding three years prior to U.S. entry
  2. Seeks to enter the U.S. to provide service in an executive or managerial capacity

L-1B Intracompany Transferee Specialized Knowledge

Basic Requirements:

  1. The employee must have been working for one continuous year within the immediately preceding three years prior to U.S. entry
  2. Seeks to enter the U.S. to provide services in a specialized knowledge capacity

Executive Order Limiting Immigration Visas Includes Exchange Visitors

The U.S. Department of State administers the exchange visitors program. The Department also designates the sponsors for exchange visitors. Many of the categories in the exchange visitor program cover students and teachers.

J-1 Exchange Visitors

J-1 classification is for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

Basic Requirements:

  1. Submit a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status to the U.S. Department of State (no blank DS-2019 Forms exist; each is printed with a unique identifier)
  2. Upon obtaining Form DS-2019, apply for a J-1 visa through the U.S. Department of State at a U.S. Embassy or Consulate

What Should Employers do About the Administration Limiting Immigration Visas?

Companies should continue to stay informed about the administration’s interest and activities limiting immigration visas. This new executive order may have a significant impact on an employer’s ability to recruit and hire foreign talent. As a result, knowing what to expect can help companies determine how to leverage strategic resources and respond accordingly to meet corporate objectives.

Companies should also work with a knowledgeable and experienced Relocation Management Company (RMC). RMCs can help companies design a robust talent acquisition program. Also, RMCs can help a company design an industry-leading relocation program that will give them a competitive advantage in the global market for highly skilled employees.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients understand how to respond effectively to issues regarding travel and immigration. Our team can help your company understand how to develop plans to mitigate the impact of the administration limiting immigration visas.

GMS was the first relocation company to register as a .com. The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to discuss your company’s interest in learning more about the Trump administration limiting immigration visas, or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary Visa Program Assessment

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Immigration Application Fees May Increase to Cover USCIS Anticipated Shortfall

An Indian husband and wife are indoors in a new home. They are wearing Indian-style clothing. They are using a laptop computer and writing with a pen and paper.

U.S. Citizenship and Immigration Services (USCIS) is requesting to have a 10% surcharge added to immigration application fees. As a result of the COVID-19 pandemic, USCIS is experiencing a large decline in revenue from processing applications. The agency believes receipts will decline by over 60% through 2020. The U.S. restrictions on immigration due to COVID-19 has dramatically limited the number of applicants. However, USCIS is nearly entirely funded by these fees.

USCIS FY 2019 Final Statistics

For the FY 2019, USCIS breadth of services shows the expansive reach of the agency. Receiving immigration application fees is just one part of the agency’s mission.

Overall, in FY 2019 USCIS:

  • Granted lawful permanent residence to 577,000 individuals
  • Naturalized 834,000 new citizens
  • Received 2.2 million employment authorization applications
  • Approved 500,000 petitions for non-immigrant workers
  • Processed 40 million cases through E-Verify
  • Granted immigration relief to over 25,000 individuals

FY 2019 represents an 11-year high in new oaths of citizenship for the USCIS. However, the number of applications pending for green cards declined by 14%, and the number of applications for naturalizations declined by 12%.

What are Green Cards?

Green Cards, officially known as “Permanent Resident Cards” let the holders live and work in the U.S. on a permanent basis. The process to apply for a Green Card depends on the individual’s specific situation. Eligibility requirements vary based on the application’s submission category.

USCIS notes that most people who apply for a Green Card will need to submit at least two forms, along with the correct immigration application fees. Depending on the situation, the forms may include one or more of the following:

  • I-130 Form, Petition for Alien Relative
  • I-140 Form, Immigrant Petition for Alien Worker
  • I-730 Form, Refugee/Asylee Relative Petition
  • I-589 Form, Application for Asylum and for Withholding of Removal

Other USCIS petitions include:

  • I-360 Form, Petition for Amerasian, Widow(er), or Special Immigrant
  • I-526 Form, Immigrant Petition by Alien Entrepreneur
  • I-918 Form, Petition of U Nonimmigrant Status
  • I-929 Form, Petition for Qualifying Family Member of a U-1 Nonimmigrant

As a result, fees for forms can add up quickly. Adding a 10% surcharge on immigration application fees may increase the total amount of fees significantly, depending on the individual as well as their family members’ situations.

What are the Current Immigration Application Fees?

USCIS has several forms with associated fees depending on the specific applicant need. To apply for naturalization, applicants must submit Form N-400, Application for Naturalization. There is an online portal to help applicants calculate their total fees. Form N-400 fees include a fee for the form itself, and another fee for biometrics. An average Form N-400 fee includes:

Biometrics$85
N-400$640
Total$725

What will the Immigration Application Fees rise to?

If the 10% surcharge is added to immigration application fees, the total cost to file Form N-400 may rise by $72.50 to a total of $797.50 (assuming biometrics fee also rises by 10%). If an employer has several employees impacted by this surcharge, the increase in costs may be significant.

What Does This Mean?

Depending on the form, the 10% surcharge may be as low as $6.50, or as high as $1,779.50. In some cases, these fees may be paid by employers who employ H-1B visa holders. Employers should review the fees for the various forms to understand if the 10% surcharge may cause significant changes to budgets and costs associated with compliance to USCIS requirements.

 What Should Employers do About Immigration Application Fees?

Employers should work with a knowledgeable and experienced Relocation Management Company (RMC). RMCs with experience will be able to help employers understand how to identify costs and other issues that may arise from the USCIS surcharge request.

The RMC will also have knowledge of a number of alternatives that may provide employers with valuable and cost-effective solutions. As a result, employers may be able to mitigate the impact of the 10% surcharge and other issues surrounding immigration as it relates to COVID-19 restrictions.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients understand how to respond effectively to issues regarding the USCIS and immigration. Our team can help your company understand how to plan accordingly for increases in immigration application fees.

GMS was the first relocation company to register as a .com, created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to discuss your company’s interest in learning more about how to plan for increases in immigration application fees, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Skills-Based Immigration Plan in United States on Target for 2020’s FY 2021 H-1B Visa Lottery Process

visa application - approved

The Trump administration’s skills-based immigration plan is on target for implementation in 2020 and will impact the FY 2021 H-1B visa lottery process. Acting Director of U.S. Citizenship and Immigration Services (USCIS) Kenneth Cuccinelli II notes the immigration system is for the benefit of the nation. According to Cuccinelli, the approach is to improve the economy and the nation’s overall experience with immigration.

Basic Elements of the Skills-Based Immigration Plan

The Trump administration’s approach is similar to other points-based systems in use by countries such as Australia and Canada. The new merit-based plan provides opportunities for immigrants provided they have:

  • Specific skills sets
  • Current job offers

The administration’s goal is to increase the number of legal immigrants who are selected based on skill from 12% of the total to a much larger 57%. These immigrants must also meet the following requirements:

Of particular note, the administration believes that modernizing the current immigration process will create a fair system. As a result, the new skills-based immigration plan will promote equality and opportunity for all. The administration believes giving preference to skills over family ties increases the country’s competitiveness. Also, the approach gives the needs of employers and the skilled employees they seek higher priority over other immigrants.

H-1B Visa Lottery System Online Registration System Also on Track for 2020 Implementation

Cuccinelli also notes the USCIS’ new online H-1B visa lottery registration system, currently in testing, should be ready for use in 2020 as well. The new online system requires petitioners seeking to file H-1B cap-subject petitions, including any that are eligible for the new advanced degree exemption, to use the online system and register with USCIS. Petitioners must pay a $10 fee for every petition they submit that is subject to the H-1B cap.

What Does the Skills-Based Immigration Plan Mean for Your Company?

HR teams that are looking to hire foreign national employees through the H-1B visa lottery system should investigate and understand the new system’s requirements. The Trump administration’s skills-based immigration plan along with the new online registration tool and fees may present significant challenges without sufficient preparation.

HR teams should start the process of identifying employees that may be subject to the H-1B visa lottery cap as soon as possible. This with help ensure they can submit applications at the start of the lottery through the new online registration system.

Where Should You Start?

Global Mobility Solutions has a team of global relocation experts who can help you with the new FY 2021 H-1B visa lottery process. Our team’s knowledge and access to visa and immigration resources is without match in the relocation industry. As a result, we have helped thousands of companies with the H-1B visa lottery process reach successful results.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients prepare for the H-1B visa lottery. Our team can help your company understand the new skills-based immigration plan and fully prepare for the new FY 2021 H-1B visa lottery process.

GMS was the first relocation company to register as a .com. The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Global Mobility Solutions is proud to be named and ranked #1 Overall, and #1 in Quality of Service by HRO Today’s 2019 Baker’s Dozen Customer Satisfaction Survey.

Contact our experts online to learn more about the new skills-based immigration plan and the FY 2021 H-1B visa lottery process, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Travel Ban Expansion is Under Consideration by Trump Administration

Smiling young woman traveling by bus and using smart phone

The Trump Administration is considering a travel ban expansion. The travel ban arose through Executive Orders and Presidential Proclamations. Presidential Proclamation 9645 suspends entry of foreign nationals into the United States from countries that fail to meet minimum requirements for immigration vetting and screening. The Supreme Court upheld this Proclamation. The Trump Administration believes it is the President’s duty to take action to ensure the safety of the American people.

Countries Currently Covered by Travel Ban and Expected to Continue with Travel Ban Expansion

Currently, the travel ban in place covers seven countries:

  1. Iran
  2. Libya
  3. North Korea
  4. Somalia
  5. Syria
  6. Venezuela
  7. Yemen

There are several points of concern for the Trump Administration with respect to these countries. Issues include deficiencies on management of identities, ability to share information, and various practices and protocols that do not meet minimum requirements to ensure the security of the United States.

Countries That May Be Included in the Travel Ban Expansion

As reported by The Associated Press, up to seven additional countries may be included in the travel ban expansion. These countries might include several that had been noted in earlier iterations of the current travel ban, but were later removed ostensibly to withstand legal objections. Countries that had been noted in the original travel ban but were later removed include:

  1. Chad
  2. Iraq
  3. Sudan

What Does This Mean?

Companies with facilities located in countries that are included in the travel ban expansion may face delays or new requirements for transferees and their family members. Companies that have employees originating from these countries may need to provide additional assistance on issues related to family support services.

Many countries currently included in the travel ban have economies operating on a sub-par or extremely uneven level, as compared to other countries experiencing economic growth. Often these countries face difficult issues including military conflicts and significant out-migration. For example, select metrics show the following economic performance for Iran, Venezuela, and Yemen, all currently included in the travel ban and likely to continue with the travel ban expansion:

Iran Economy

 2015201620172018
GDP (USD bn)$44.$392$424$459
Economic Growth4.6%-1.3%13.4%3.8%
Inflation Rate14.3%8.4%8.2%7.2%
Public Debt (% of GDP)11.8%38.4%47.5%39.5%

Source: Focus Economics

Venezuela Economy

 2015201620172018
GDP (USD bn)$212$324$279$144
Economic Growth-3.9%-6.2%-17.0%-15.7%
Inflation Rate68.5%181%274%863%
Public Debt (% of GDP)28.5%74.7%92.3%–

Source: Focus Economics

Yemen Economy

 2015201620172018
GDP (USD bn)$33.2$26.7$24.8$28.0
Economic Growth-10.6%-30.3%-14.8%-5.9%
Inflation Rate8.2%12.0%-12.6%24.7%
Public Debt (% of GDP)48.7%54.9%68.0%76.2%

Source: Focus Economics

What Should Employers Impacted by the Travel Ban Expansion do?

Employers should keep informed about the upcoming travel ban expansion. They should also review the extent of the company’s operations in these countries. They should determine the number of employees that may be impacted by the travel ban expansion and develop communication plans that address points of concern for employees and their family members.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients with visas, work authorizations, and travel documentation requirements. Our team can help your company understand how to prepare for the upcoming travel ban expansion.

GMS was the first relocation company to register as a .com. The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Global Mobility Solutions is proud to be named and ranked #1 Overall, and #1 in Quality of Service by HRO Today’s 2019 Baker’s Dozen Customer Satisfaction Survey.

Contact our experts online to discuss how your company can prepare for the travel ban expansion, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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