Category: Immigration

Vaccine Mandates Restrict P-1A Athletes in the NBA

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By: Maddie Carlson As of early December, a memo issued by the National Basketball Association (“NBA”)  revealed that any unvaccinated athlete who possesses a temporary visa status will not be allowed to reenter the United States following international travel. This statement primarily pertains to those with the P-1A Athlete visa classification, which allows athletes to compete in the United States temporarily. Concurrently, the Canadian government also announced that non-vaccinated NBA athletes are now not allowed to enter the country to participate in competitions against their Toronto team. Both announcements threaten the legal status of U.S. athletes who have planned, and are expected to, participate in any upcoming basketball competitions in Toronto. Many NBA Athletes are eligible for the P-1A visa based ...

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Visa Extensions Granted for L-2 and H-4 Holders

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By: Annika Minton Spouses of L-1 and H-1B visa holders recently  got some good news. A US court decision is granting L-2 and H-4 visa holders an extension of their work authorization, lengthening the amount of time spouses can remain in the United States on work visas. L-2 visa holders will receive a 180-day auto extension of their work authorization (or an I-94 expiration date, whichever is shorter); and all H-4 visa holders will get extensions of their H-4 employment authorization document (EAD) until the expiration of their I-94s, or 180 days from the expiration of the prior EAD, whichever comes first. L-2 visa holders will get the extension automatically without applying for it, but H-4 visa holders are still required ...

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Blanket L-1 Visas and How Companies can Benefit

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By: Hannah Rae Welbourn When a multinational company sends an employee to a subsidiary in the United States, candidates will need to be granted L-1 status through USCIS. But what if they need to send more than one employee at a time? That’s where the L-1 Blanket visa comes in. While a regular L-1 visa is granted on an individual basis, Blanket status grants multiple employees from the same company the ability to transfer to the states to work at a U.S. branch. The criteria for employees (managerial capacity for L-1A and specialized knowledge for L-1B) remains the same, but the process of obtaining this kind of L-1 status is expedited, sometimes up ...

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The O-1: Eight Ways to Identify Extraordinary Ability

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By Maddie Carlson When a beneficiary’s innovations have been recognized either nationally or internationally, an O-1 visa may be the ideal application process for highlighting their importance to their field. An O-1, or Extraordinary Ability or Achievement letter, focuses on up to eight different criteria that demonstrate an individual’s excellence in their career. The O-1A details a beneficiary’s excellence in the sciences, arts, education, business, or athletics. This visa can also be further specified as an O-1B, which focuses on individuals with extraordinary ability and achievement in the motion picture or television industry. Forming an O-1 application requires enough evidence to build a case that the beneficiary is indeed hard to come by ...

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Business Immigration Today: Chris Thorn’s Perspective

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By Kelsi Swenson It’s no surprise that the business immigration sphere, in addition to the rest of the world, experienced some arduous and unprecedented moments over the past couple of years. The coronavirus pandemic coupled with the former presidential administration created a seemingly impenetrable barrier for visa seekers. However, despite a largely dismal 2020, there were small victories against USCIS—from overturning IFRs to refining the definition of specialty occupation, it seems the path to more flexible business immigration regulations is not as inaccessible as believed. For all the changes happening over the past two years, the future of business immigration is certainly malleable, but also opaque. There are still numerous processing delays, waiting lists, and outdated regulations needing to ...

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TN Visas 101: What They Are and How Park Evaluations Can Help

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By Madison McKenzie   What is a TN visa?   The TN visa is a special classification issued under the United-States-Mexico-Canada Agreement (USMCA), which replaced the North American Free Trade Agreement (NAFTA) in 2020. Under this classification, citizens of Mexico or Canada can fill certain specialty occupations—listed under the approved list of USMCA professions—in the United States for an initial period of three years.     What eligibility requirements must be met to file a TN visa?   As outlined by USCIS, an applicant is eligible for a TN visa if they meet the following criteria:   The applicant must be a citizen of Mexico or Canada. The applicant must have a pre-arranged job offer in the United States. The proffered position in the United States must qualify as ...

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Judge Rules Acting DHS Secretary’s Appointment Unlawful

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By: Rachel Horner In New York, a U.S. federal judge has blocked DHS secretary Chad Wolf from restructuring DACA permits. Justice Garaufis ruled that Wolf’s promotion to the position of secretary was unlawful; therefore, Wolf’s decision to reduce the validity of DACA permits, as well as to reject new DACA applications, is beyond the scope of his power.   Chad Wolf proposed multiple restrictions to the DACA program that would significantly harm its recipient by reducing work authorization and protection from deportation from two years to one. He also stated that those who submitted new DACA applications would not be accepted ...

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Top 5 Things to Remember for a Successful PERM Advertising Campaign

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By: Rachel Horner When producing a PERM advertising campaign, there are several factors to consider: timeliness, accuracy, detail, and more. One mistake, and the applicant’s journey to obtaining their green card can be halted. Park Advertising knows that the stakes are especially high and is fully equipped to help. Throughout our experience with the DOL and PERM, we have seen our fair share of advertising pitfalls and have constantly tailored and adapted our services to help avoid and prevent such issues. Below is a rundown of important points to remember when undertaking a PERM advertising project—and what Park does to make that process easier. Make Sure the Ad is Correct in Every Sense The PERM process can be overwhelming, ...

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The Future of the Work Visa Under Biden’s Presidency

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By: Rachel Horner Joe Biden has a long list of pressing issues awaiting him once he is inaugurated as the 46th President. For the immigrants affected by the Trump Administration’s policies on work visas, there’s hope that immigration is towards the top of that list. While the Trump Administration has made attempts to restrict who can enter the country by revising America’s immigration system, the H-1B program became a larger target after the pandemic began to affect the United States. In June 2020, Trump issued Proclamation 10052, which suspended H-1B visas from being issued. Soon after, with the sharp decrease in immigration , USCIS almost furloughed a significant portion of their employees. However, a judge in California ...

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Major Flaw in New DOL Rule Taken to Court

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By: Rachel Horner Only a few weeks after its publication, the DOL’s new IFR, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” which restructured the wage level for H-1B employees, has been challenged to court twice. The first lawsuit, ITServe Alliance, Inc. v. Scalia, argued that the data behind the rule is inaccurate. Another lawsuit has since followed suit, led by the American Immigration Lawyers Association. According to Forbes, the lawsuit, entitled Purdue University et. al. v. Eugene Scalia et. al., argues that the new DOL rule unfairly mandates an annual salary of $208,000 for over 18,000 occupations.  Because the percentiles for many occupations have been increased ...

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