Tag: immigration

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Visas and International Travel

E-2 Visa Delays Holding Up Foreign Investors

immigrate couple getting visas from new employer
Female travel agent giving tickets to young happy couple. Photo of female travel agent and young couple. Young woman giving tickets and passport with visa to tourists.

How E-2 Visas are still feeling the ripple of the Pandemic

The E-2 visa, or investor visa, is a highly sought-after option for foreign investors looking to establish or grow a business in the United States. This visa permits investors and their families to reside and work in the U.S. for up to five years. Renewal of the visa is possible in five-year intervals as long as the investor’s business remains operational in the country. Each year, around 43,000 E-2 visas are granted to eligible applicants.

Even though the E-2 visa is widely used, it is more complex to obtain and requires a significant financial investment from the applicant. One of the critical criteria for the E-2 visa is that individuals must be citizens of one of the 72 countries with a valid treaty with the United States. Additionally, a minimum investment amount must be met.

To obtain an E-2 visa, the business must be actively operating, and the investor’s financial contribution must be significant. The USCIS does not set a specific minimum investment amount, but most E-2 investors invest at least $100,000 in their business. Additionally, investors cannot just be a source of funding; they must also have a vital role in the company that allows them to oversee and guide its operations. This visa requires the investor to participate actively in the business’s management and development.

Before the outbreak of COVID-19, it typically took several months to secure an E-2 visa. However, since 2020, wait times have significantly lengthened, leading to investors needing help accessing their U.S. businesses.

B-1 Visas Are an Alternative to E-2 Visas

During the visa approval process, confident investors have decided to enter the United States as business visitors. Temporary B-1 and B-2 visas are issued for individuals traveling to the U.S. for business or tourism reasons. The B-2 visa is for tourism activities like vacations or visiting family, while the B-1 visa is for business-related tasks such as meeting with business partners and discussing contracts.

Investors from Canada who do not require a visa can enter the United States without needing a B-1 visa and spend a maximum of six months in the country. On the other hand, investors from visa-exempt nations such as the European Union, Commonwealth countries, and Japan are restricted to a 90-day stay in the U.S. Additionally, individuals from non-visa-exempt countries can apply for a B-1 visa. Still, they must schedule appointments at U.S. consulates beforehand. If the visa is approved, they can stay in the U.S. for up to six months.

After Canadian investors’ B-1 visas run out in six months, they will likely be refused entry back into the U.S. This rejection is due to an unofficial policy that bars Canadians from staying in the U.S. for over six months a year. Investors from other visa-exempt nations encounter comparable regulations. Once their B-1 visa expires in 90 days, they may have the option to re-enter the U.S. a couple of times, but there is a restriction on the duration of time they can stay in the country.

Experts in immigration law are advocating for E-2 visa candidates to be granted the ability to remain in the United States for a maximum of one year, possibly extending for an additional six months. The option of an 18-month provisional stay would benefit investors who require time to oversee their business operations in the U.S. while awaiting in-person interviews overseas. This interim measure aims to alleviate the challenges foreign investors face during the delays in E-2 visa processing times.

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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.

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Relocation Programs Visas and International Travel

Singapore Passport Now Ranks No. 1

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A happy young woman tucks her hair behind her ear as she smiles and waits for her flight. She is holding her passport in her hand.

Singapore replaces Japan passport to become the world’s most powerful

In a recent update, the Singapore passport has surpassed Japan’s and is now considered the most powerful passport in the world. Holders of Singapore passports can enjoy visa-free entry to a remarkable 192 countries worldwide.

However, there is a positive development for Indian citizens as they can now travel to 57 countries without needing a visa or obtaining a visa upon arrival. This is because India has climbed five places and is currently ranked 80th in visa-free travel.

Nevertheless, it is still worth noting that Indian passport holders can visit many countries without the hassle of obtaining a visa, with the number now standing at 57. This is due to India’s improved ranking, placing it at the 80th position.

According to the Henley Passport Index report, Japanese passports, previously ranked first for five consecutive years, have now fallen to third place. As a result, the number of countries that Japanese passport holders can enter without a visa has also decreased.

Currently, Japan is tied for third place alongside Austria, Finland, France, Luxembourg, South Korea, and Sweden. Citizens of these countries can now travel to 189 nations without needing a visa.

The report also highlighted that the United States, which held the top spot a decade ago, has now dropped to eighth place. On the other hand, the United Kingdom has risen two spots and now occupies the fourth position.

This shift in the global visa rankings has sparked curiosity and has intrigued travel enthusiasts. Many wonder what factors have contributed to Japan’s rise and the United States’ decline. Japan’s success can be attributed to its strong diplomatic relations and commitment to promoting tourism. The country has made significant efforts to simplify visa procedures and enhance its image as a welcoming destination.

On the other hand, the United States drop in the rankings has raised eyebrows. Some speculate that the stringent immigration policies implemented in recent years may have played a role. The US has become more selective in granting visas, which has decreased its visa-free travel options. Additionally, the political climate and security concerns have also impacted the country’s standing.

Meanwhile, the United Kingdom’s ascent in the rankings has been met with applause. The country’s efforts to strengthen its global ties and improve its visa policies have paid off. The UK has implemented various initiatives to attract tourists and business travelers, such as introducing electronic visas and streamlined application processes.

As the global visa landscape continues to evolve, it is clear that countries must adapt and prioritize their international relationships and policies. The ability to travel freely without the burden of visa restrictions not only benefits individuals but also fosters economic growth and cultural exchange. It remains to be seen how future developments will shape the rankings and influence how we explore the world.

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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Global Relocation Challenges Global Relocation Tips Relocation Best Practices Relocation Challenges Visas and International Travel

Immigration Options for Remote Work Policies

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Close-up of person carry information from passport to usa visa application form. Man planning to move abroad. International and legal immigration concept

Companies can still be held responsible for immigration rules on remote employees

There’s no doubt that the Covid-19 pandemic changed the remote work options for millions, maybe even billions, of employees worldwide. Companies sending their employees to work from home worked out well in numerous industries for organizations and employees alike. Employees like the flexible work schedules that remote work policies offer, while companies were initially surprised but overall pleased with their productivity. 

 

There’s still some debate about whether companies should remain in full-time remote work settings or urge employees to return to the office. While many organizations decided against a full-time office return, some factors should be weighed in. Again, there is no denying that offering remote work flexibility helps hire and retain top talent, but from the company’s standpoint, they need to make sure all of their bases are covered. 

 

Are companies responsible for immigration regulations if their employees live in a different country than the headquarters? For example, does it make a difference if the employee relocates independently or is asked to do so for a global assignment? 

 

Companies should arm themselves with visa and immigration knowledge when creating remote work options for their workforce. Here are some immigration matters to keep in mind as employees turn to the digital nomad lifestyle: 

Employees with H-1B Visa

Employees with H-1B status can only work at the specific locations listed on their Form I-129 petition or Labor Condition Application. However, they can also work remotely if their home is within a reasonable commuting radius from their employer’s office (if their home is outside of the MSA listed on the LCA or not within a reasonable commuting distance, then an amended H-1B Petition would need to be filed by the employer to allow for this working arrangement). If working remotely full-time or in a hybrid arrangement, they will be asked to post a Notice of LCA at two locations in their new home for up to ten days. The employer can then update what is known as a Public Access File with records of the posted LCA, including the new location and the dates for the work assignment. 

 

In the meantime, H-1B employees traveling as digital nomads face various immigration issues due to the location-specific requirements of the visa type. It’s also important to point out that remote employees’ H-1B site visits still happen. So, those employees who work in a remote environment may be able to attend a site visit at their house.

Employees with E and L Visa Status

Entrepreneurs and investors who want to start a business in the United States or transfer multinationals from other countries around the world to a U.S. location often use E-2 visas, which must be issued according to bilateral treaties. In addition, the E-2 visa applicant must have the same nationality as the company’s ultimate owner.

 

The L-1 visa requires foreign and U.S. companies to share a joint ownership group. The foreign company must have also hired the employee in a managerial, executive, or specialized position for at least one year out of the immediately prior three years. The employee also must arrive in the U.S. to take on a similar managerial position. 

 

USCIS and other governmental agencies usually require evidence of a permanent, physical office address when evaluating E-2 or L-1 petitions. However, this may challenge companies/employers who do not have a physical location or address. In addition, USCIS also requires a physical mailing address for most forms, which could be troublesome for U.S. companies composed of digital nomads. 

GMS Has Visa and Immigration Specialists Standing By

When companies put together remote work policies, it is essential to have visa and immigration specialist assistance. Organizations do not want to expose themselves to fines, additional taxes, or other compensation obligations because of a lapse in immigration paperwork. Working with Global Mobility Solutions (GMS) can assure companies that their visa needs are up to date. Our team has over 30 years of experience in helping companies put together relocation packages emphasizing immigration regulations. 


Set up a free visa assessment consultation with one of our experts to ensure that your company is covered on all fronts when moving employees worldwide. And for other help on visa and immigration topics, check out our Knowledge Base.

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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Employee Development Global Mobility Global Relocation Immigration Rules

Employer Immigration Compliance Must Be Spoken: Guidance for Cross-Border Mergers & Acquisitions

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Envelope from U.S. Citizenship and Immigration Services with the American flag on top/U.S. immigration concept

Get Ahead of Problems Faced in Cross-border Mergers and Acquisitions

Merging branches or acquiring new businesses is a complex process. These transactions involve numerous parties and have an abundant number of moving parts. This is the case, even more so, with cross-border mergers and acquisitions (M&A). What happens when the merger or acquisition is obtained in another country? 

Businesses are understandably focused on the economic and financial aspects of the deal, not so much on employer immigration compliances. However, these compliances are important and should not be overlooked. Imagine trying to relocate or transfer employees from one branch to another, only to be held up by visa and immigration issues. The issues that delay employment transitions and the assessment of liabilities are best addressed early in the process to allow your organization enough time to overcome any compliance risks. 

In almost any merger, acquisition, or change of entity, employers will need comprehensive plans to ensure relocating employees are able to validate their immigration status for their new country of employment. Employers who fail to accurately assess their immigration needs risk major business and labor disruptions, or the loss of key employees due to visa and immigration holdbacks. 

An effective M&A agreement will be prepared and determined appropriate based on the following points:

Deal Structure

Is it a stock/share deal?
With a stock purchase, the legal entity being purchased is often maintained and the purchasing company inherits all of its foreign workers. It will be up to the purchasing company to confirm that all these workers’ permits/visas are compliant and if any changes to immigration status will be needed.

Is a new legal entity being created?
As often is the case with a merger, an entirely new entity is created. Under some jurisdictions and work permit types, foreign employees are only authorized to work for the original company that sponsored them. In these situations, a new work permit may need to be applied for, or at the very least, an amendment made to the existing permit.

Change in Staffing

Will the deal affect any employment contract type or status?
In many countries, a foreign worker’s employment authorization is tied to the employment contract they signed with their original employer. If this contract is made void through a merger or acquisition, the status of the work permit could be as well. It is important to check with the local immigration authorities to see if amendments are needed. 

Will the deal cause any employee on a work permit/visa to be promoted or demoted?
Often a foreign employee’s type of work authorization is tied to their seniority/position or their income level. Depending on the jurisdiction and the terms of the work permit/visa there may need to be a change of status filed with the local authorities. 

Will the location of work permit/visa holders change?
In some countries, a foreign worker’s visa/permit may be tied to a particular province/state or even city. If workers are going to relocate to another region because of a merger or acquisition, an amendment may need to be made to their work authorization. 

Will job titles of work permit/visa holders change?
Depending on the country and type of work authorization originally granted, if a merger or acquisition results in the changing of job titles for foreign workers there may need to be an amendment made to their work permit.  

Will job descriptions of work permit/visa holders change?
If a work authorization was originally granted based on a foreign worker’s particular skills and the type of work they perform, it is important to check if new work authorizations will be required if their job description is going to change. 

Will salaries of work permit/visa holders be adjusted?
In some countries, a foreign worker’s visa/work permit type is often tied to their income level. If there are changes, he/she may require a new work permit or have an amendment made to their existing work authorization.

Assess Potential Red Flags

Understand visa/work permit processing time
If changes or amendments are needed to foreign workers’ work permits/visas, it is important to understand what processing times will be applicable. Processing times can vary drastically in different countries, and if not correctly managed a company might find itself in a situation where many of their foreign workers are not able to legally work immediately after the date of a merger or acquisition.

GMS Can Help with Employer Immigration Compliances

Global Mobility Solutions can help businesses with all of their global mobility needs and concerns, including companies who face problems with cross-border mergers and acquisitions. We partner with top visa and immigration companies to assure our clients’ their employees and their families are taken care of. Don’t let employer immigration compliance keep your company from merging or acquiring new branches. Contact us today to discuss your needs with a professional relocation expert.

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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Relocation Policy Review

2021 Trends: Top 5 Relocation Policy Risks

Corporate team meeting to discuss the top 4 relocation policy risks
An in-person corporate team meeting where the team members are adhering to social distancing and face-covering protocols

The risks brought forth by COVID-19 resulted in unprecedented challenges and adaptations for many organizations as 2020 marched on. Today, an emerging trend of unforeseen relocation policy risks are becoming apparent in the relocation and talent mobility space. These issues span tax, cyber security, employee safety, and other critical areas. It is important to fully understand these risks and their potential impact on your organization’s relocation program.

Top 5 Relocation Policy Risks Your Company is Facing Today

1. “Work from Anywhere” Policy Risks: Possible Looming State Tax Issues

At the start of the pandemic in the US, many companies hastily arranged to allow employees to work from home. While this solution had obvious safety and cost savings benefits, unintended consequences became apparent.

  • Employee Taxes: Many employees who live and work across state lines may potentially have additional state tax and reporting obligations.
  • Employer Taxes: Work from Anywhere policies essentially resulted in a corporate relocation, often involving the employee, office equipment, and company records.

While this unforeseen complication is currently being considered in the courts, companies should examine the impact and implications of this corporate relocation on both the employer and the employees. Consideration should be given to the impact on payroll tax withholding and reporting obligations. Possible state tax issues could have ramifications for new hires, transferees, employees suddenly working from home, and employers.

2. Cyber Security Policy Risks: Phishing versus Vishing

Another year, another new cyber threat. With more employees working from home, new security challenges have arisen for organizations. Vishing is the latest threat, a verbal form of phishing. With vishing, a scammer might masquerade as a computer technician from the company’s IT team and make a phone call to an employee to inquire about their computer setup. By asking a few key questions of the unsuspecting employee, the scammer is now suddenly able to enter the company’s data system.

Understanding the risks that both phishing and vishing present to employees working remotely is important to employers. With some companies now working 100% on a remote basis, employees work remotely should be considered as possible risk for these scams. Robust security policies and training that have been adapted for the new normal should be weighed and implemented.

3. Travel Policy Risks: Guidance, Changes, and Emergencies

The idea that “change is a constant” is easily applied to travel. With new guidance, bans, and updates daily, travel has become more complicated. Frequent changes to travel policies and rules impacts the ability of companies to draw talent, relocation employees, and conduct business. The challenges associated with travel is applicable not only internationally, but domestically as well.

At any point in time, one state may require something new from travelers arriving from another state. Various borders between countries may be subject to restrictions or closures, in turn generating emergency repatriation requests. Agencies such as the U.S. State Department or the U.S. Centers for Disease Control and Prevention (CDC) might issue revisions to previously stated guidelines.

Employers should recognize a duty to provide updated information and guidance for all traveling employees. Correct information and guidance will help employees better understand how they should safely travel during the pandemic.

4. Immigration Policy Risks: Nearshoring may be an Option

COVID-19 has resulted in border restrictions and closures which, in turn, impact immigration. However, other efforts in the immigration system further dampen an employer’s ability to hire global talent. One solution is the concept of “nearshoring.”

By leveraging a location in Canada or some other nearby country, a company may be able to hire foreign talent and bring them near to the US. Often this helps the new hire acclimate to life in North America. Future changes in the immigration system may allow them to enter the US at a later date. Relocation policies should be reviewed, along with consultation with a qualified visa and immigration expert, to account for alternative options such as nearshoring.

5. Health and Safety Compliant Providers: Ensuring Safety Policies are in Place

It should not come as a surprise that, during a global pandemic, companies need to ensure enhanced health and safety policies are in place for their employees. All relocation services provided during a move should be analyzed for policy risks to help minimize exposing their employees and families to the risks of COVID-19.

Top rated Relocation Management Companies, like Global Mobility Solutions (GMS), work with their supplier networks regularly to ensure the latest guidance from officials (like the CDC) are observed and incorporated into their operations. Appropriate social distancing, regular hand washing, face coverings, and the use of virtual relocation services are key to protecting our clients’ employees and the team members assisting with the relocation.

What's Trending in Workforce Mobility for 2021?

This article is an excerpt from our 2021 Workforce Mobility Forecast. Download a complete copy today, or watch a recording of our latest Thought Leadership Series webinar on the trends that are shaping the industry.
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What Should Companies Do?

Employers should schedule a relocation policy review with a trusted mobility expert to identify how the top 5 policy risks outlined in this article may affect aspects of their relocation program. By working with an experienced relocation management company, organizations can leverage the mobility provider’s expertise in benchmarking their policies and identifying areas that will reduce the risks of COVID-19 on their relocating employees and their families.

About GMS

GMS’ team of global relocation experts has helped thousands of organization understand how to develop relocation policies that provide the best experience for new hires, transferees, and their family members. Our team can help your company understand how to review your relocation policy and address issues relating to the top 5 policy risks outlined above. As a result, your company will be able to remain competitive in its industry. It will also continue to attract the best candidates for job openings.

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 schedule a complimentary relocation policy review, or give us a call at 800.617.1904 or 480.922.0700 today.

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Global Mobility Global Relocation Global Relocation Challenges Global Relocation Tips Global Relocation Trends Immigration Rules Visas and International Travel

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

Young man applying for this year's H1B 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.

Categories
Global Relocation Global Relocation Challenges Global Relocation Tips Global Relocation Trends Immigration Rules Visas and International Travel

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.

Request your complimentary Visa Program Assessment

Categories
Immigration Rules Visas and International Travel

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.

Categories
Global Mobility Global Relocation Global Relocation Challenges Global Relocation Tips Global Relocation Trends Immigration Rules Visas and International Travel

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.

Categories
Global Mobility Global Relocation Global Relocation Tips Global Relocation Trends Visas and International Travel

Canada Immigration Alternatives in Response to Proclamation 10014

A young heterosexual Indian couple are together standing in front of a white brick wall. They smile at the camera and proudly hold up the Canadian flag.

US employers looking to hire foreign nationals but limited by Proclamation 10014 might consider Canada immigration alternatives. By leveraging “nearshoring,” employers can use a unique and creative temporary solution. Countries near the US often have immigration policies that are less restrictive than those of Proclamation 10014.

What are Canada 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 Canada immigration alternatives.

What is Proclamation 10014?

On April 22, 2020, the Trump Administration unveiled Proclamation 10014. The proclamation is sometimes 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.” Additionally, as of June 22 this proclamation is subject to continuance through December 31, 2020. These proclamations serve to limit entry of foreign nationals under several classes of immigration visas, including:

  • 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

These classes of immigration visas include several that are in wide use among technology industry companies such as Google, Apple, Facebook, Salesforce, and Twitter. Google alone is responsible for over 6,500 applications for H-1B visas in 2019. In theory, Proclamation 10014 should drive these companies to hire workers that are already in the US. However, Canada immigration alternatives might provide another avenue for highly skilled foreign nationals.

What are Canada Immigration Alternatives?

US employers with foreign national employees may be able to use Canada immigration alternatives that will bring/keep the employee close to the US. For employers that can meet the requisite criteria, a number of benefits may accrue, including:

The ease of immigration into Canada versus the US makes Canada immigration alternatives a particularly viable option for US employers.

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 Canada, the primary immigration category for temporary expatriates is covered by an Intra-Company Transfer (ICT) Work Permit. ICTs are designed specifically for foreign nationals who are temporarily transferred by their employer to an affiliate office in Canada for a temporary work assignment. A major benefit of the ICT is that it does not require a Labor Market Impact Assessment.

Our Canada Work Authorization Summary Sheet notes three key criteria:

  • Employee must meet minimum education and/or experience requirements in order to qualify as either a Specialized Knowledge Worker or a Manager
  • Must be transferred to a branch, subsidiary, or affiliate of the current employer
  • Employee must have worked continuously for the current employer at least one year in the preceding 3 years in a position similar to the Canadian position

Canada immigration alternatives such as the ICT are initially valid for 1-2 years, but may be extended:

  • Up to 5 years for a Specialized Knowledge Worker
  • Up to 7 years for a Manager

What Should US Employers do About Canada Immigration Alternatives?

Because of the specific requirements in the immigration process, we recommend US employers contact us before taking action. There are several important points for employers to note. For example, Canada has strict limits on allowable activities for business visitors. Also, any criminal history may render a foreigner as inadmissible to Canada depending on the nature of the infraction and length of time passed. A thorough legal analysis will determine if this is applicable. Consultation with an expert from Global Mobility Partners, LLC, will help US employers to develop effective plans and solutions for Canada 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 Canada 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. 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 Canada 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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About

Contact Us

About Us

GMS Client Login

Privacy Policy

Other Services

Our Technology

Global Relocation

Group Moves

U.S. & Canadian Relocation

Address

Global Mobility Solutions
15333 N. Pima Road
Scottsdale AZ, 85260

1.800.617.1904
Available 24/7/365

About

Contact Us

About Us

GMS Client Login

Privacy Policy

Address

Global Mobility Solutions
15333 N. Pima Road
Scottsdale AZ, 85260

1.800.617.1904
Available 24/7/365

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