BRAZIL: Accepting Work Authorization Applications Thorugh New Digital Certificate System

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Brazil is now accepting work authorization applications through its new digital certificate system. Also, the country has released information for those coming for the FIFA World Cup 2014, which will be held in Brazil from June 12 to July 13, 2014.

Digital Certificate

Since December 16, 2013, work authorization applications can be processed through the new digital certificate system. However, as it is still in the testing phase, some difficulties may arise. The good news is that processing and approval is much faster than the regular process.

FIFA World Cup 2014

Everyone coming for the World Cup should apply for a visa under RN-98, a normative resolution providing that visas for the World Cup event will be analyzed and granted on a priority basis. However, even under RN-98, there are a variety of visa categories, depending on what the person will be doing:

  • volunteers will receive temporary special courtesy visas;
  • spectators with purchased tickets will receive temporary special tourist visas;
  • members of the press covering the FIFA World Cup will receive temporary special business visas;
  • athletes and artists will receive temporary special Item III visas;
  • professionals working for the FIFA World Cup 2014 organization will receive temporary special item V visas; and
  • international correspondents covering the FIFA World Cup 2014 will receive temporary special item VI visas.

Brazil has visa waiver agreements with certain countries. For applicants needing a Temporary Special Tourist Visa or a Temporary Special Business Visa, see the visa chart to verify whether you need a visa to go to Brazil. Brazil has long-validity tourist visa agreements with Canada (5 years) and the United States (10 years).

Applicants who intend to travel to Brazil several times in the future may apply for a Temporary Special Tourist Visa at no charge and valid for 90 days, or may apply for a regular tourist visa with payment of fees for a longer term.

FIFA WORLD CUP WEBSITE

INFORMATION ON TEMPORARY SPECIAL VISAS

ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs

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A rule about to be proposed by the Trump administration would punish immigrants who use welfare, the Alliance of Business Immigration Lawyers said. The rule, which has become available through leaked drafts, is still in the works, but would disqualify immigrants from obtaining green cards or seeking or renewing temporary visas if they or their dependents, including their U.S. citizen children, have received one or more of a broad range of public benefits.

For over a century, U.S. immigration laws have sought to keep out immigrants who are likely to become a “public charge,” meaning a foreign national who depends on government benefit programs. According to a leaked draft of a new proposed rule, the Trump administration plans to authorize federal officials to broaden their interpretation of what constitutes a public charge. According to an analysis of the draft rule by the Migration Policy Institute at https://www.migrationpolicy.org/news/through-back-door-remaking-immigration-system-expected-public-charge-rule, nearly half of the U.S. noncitizen population could be at risk of a public-charge determination, up from the current 3 percent. The analysis notes that under current rules, only immigrants who primarily depend on cash benefits or who are in government-funded, long-term institutional care are considered public charges. The proposed policy, however, could disqualify immigrants from obtaining permanent residence or seeking or renewing a temporary visa if they or their legal dependents, including U.S. citizens, received one or more of a broad range of public benefits.

Attorneys from the Alliance of Business Immigration Lawyers (ABIL) are fielding many questions regarding this proposal, and are assuring clients that this is just a draft leaked rule. As such, any changes will come out first as a proposed rule, with time for comments. It could be a year or longer until any new rule is finalized. Moreover, any final rule could be immediately subject to litigation.

ABIL advises all applicants to comply with current rules. For example, California residents may be required to sign up for medical insurance under the Affordable Care Act. Even if that were to change under a final rule, the requirement still needs to be complied with at this time.

William Reich—In Memoriam

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Among his many professional affiliations and recognitions, Bill was a long-time member of the Alliance of Business Immigration Lawyers, where he was highly respected and beloved.

William Reich, “Bill” to his friends, began life as the child of Holocaust survivors. He was born in Tel Aviv on October 5, 1947, about seven months before the State of Israel was established in May 1948. In 1956, at age nine, he and his family emigrated to Guatemala. Two years later, speaking only Spanish and Hebrew, they made their way to New York City and began a life as recent immigrants.

In the beginning, Bill’s knowledge about his new country came mostly from the movies, but he quickly learned its language and customs. As so many immigrant children do, he helped his parents navigate the complexities of life in a bustling American city. Growing up in the boroughs, wearing second-hand clothing, and becoming aware of his parents’ immense sacrifices to ensure his and his sister’s success in their chosen land, Bill developed a lifelong appreciation for immigrants. He understood and empathized with their struggles, and he counted himself fortunate to be a part of their ongoing journeys.

At age 17, in 1964, Bill became a U.S. citizen. After graduating from Queens College, he left the big city and attended law school in Buffalo, a place he came to love and never left. In 1974, he joined the Buffalo law firm that would come to be known as Serotte Reich, where he began his career practicing criminal law and litigation. But his passion for immigrants prevailed, and soon he introduced his firm to the growing and dynamic field of immigration law. Four decades later, Bill had become recognized as one of our nation’s top legal strategists in immigration law, particularly when solving complicated and challenging waiver and border cases. Many immigration lawyers across the United States sent their toughest cases to Bill to resolve. While never offering guarantees, he turned immigration disasters into successes, allowing foreign students to fulfill their dreams and finish school, helping separated families to be reunited, and transforming many near tragedies into cases with miraculous endings. Bill sought out and relied on the good graces of fair and kind adjudicators, and found discretion in places where everyone else had given up hope. As one close colleague recently said, “If any lawyer could fit a square peg in a round hole, it was Bill.”

Bill was generous with his knowledge, frequently mentoring other lawyers, speaking at regional and national conferences hosted by the American Immigration Lawyers Association and other groups, giving numerous media interviews, and publishing many articles dealing with the trans-border movement of business personnel under the North American Free Trade Agreement as well as unique immigration issues faced by border practitioners. Among his many professional affiliations and recognitions, Bill was a long-time member of the Alliance of Business Immigration Lawyers, where he was highly respected and beloved.

As well as being a brilliant and passionate immigration lawyer, Bill was a deeply honest, genuine, and kind person. He was ethical and considerate and he inspired his colleagues to be both good lawyers and good human beings. His zest for life was evident to all who knew him. He drew upon the challenges he and his family faced as new arrivals to this country and embodied the indomitable immigrant spirit. Bill’s was the ultimate success story, as he committed himself to fighting for the rights of those immigrants and refugees who followed in his family’s footsteps. He was a giant in his field who lifted up many others. He will be deeply missed.

Rest in peace, Bill and Shlomo!

New Data Show Increase in H-1B Denials and RFE’s

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Data released by the National Foundation for American Policy shows a startling impact on immigration by the Trump Administration. H-1B Denials and Requests for Evidence (RFEs) increased significantly from the 3rd quarter of FY 2017 to the 4th quarter, a result of the Buy American and Hire American executive order.

The Trump Administration’s restrictive “Buy American and Hire American” executive order was issued on April 18, 2017, shortly before the start of the 4th quarter of fiscal year 2017, which began on July 1. The impact of the order on the admission of highly skilled foreign workers immediately took hold, as evidenced by data from the National Foundation for American Policy.

The number of denials for H-1B petitions increased from a rate of 15.9% in the third quarter to 22.4% in the fourth quarter, a proportional increase of 41%. The percent of RFE’s issued in the fourth quarter was 69%, compared to 23% in the third quarter. Equally startling data includes the fact that USCIS adjudicators were more likely to issue denials and RFE’s to Indian applicants.

Attorneys from the Alliance of Business Immigration Lawyers agree with the viewpoint of economists that foreign-born professionals greatly benefit America’s economy. An overwhelming percentage of full-time graduate students in electrical engineering and computer science at U.S. universities are international students. These students then stay in the U.S. to work through the STEM Optional Practical Training (OPT) program. This program too has been targeted by the Administration, resulting in a decreased enrollment of 8% in 2017, compared to 34% in 2016. Who has been affected the most? Applicants from India and China.

ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs

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A rule about to be proposed by the Trump administration would punish immigrants who use welfare, the Alliance of Business Immigration Lawyers said. The rule, which has become available through leaked drafts, is still in the works, but would disqualify immigrants from obtaining green cards or seeking or renewing temporary visas if they or their dependents, including their U.S. citizen children, have received one or more of a broad range of public benefits.

For over a century, U.S. immigration laws have sought to keep out immigrants who are likely to become a “public charge,” meaning a foreign national who depends on government benefit programs. According to a leaked draft of a new proposed rule, the Trump administration plans to authorize federal officials to broaden their interpretation of what constitutes a public charge. According to an analysis of the draft rule by the Migration Policy Institute at https://www.migrationpolicy.org/news/through-back-door-remaking-immigration-system-expected-public-charge-rule, nearly half of the U.S. noncitizen population could be at risk of a public-charge determination, up from the current 3 percent. The analysis notes that under current rules, only immigrants who primarily depend on cash benefits or who are in government-funded, long-term institutional care are considered public charges. The proposed policy, however, could disqualify immigrants from obtaining permanent residence or seeking or renewing a temporary visa if they or their legal dependents, including U.S. citizens, received one or more of a broad range of public benefits.

Attorneys from the Alliance of Business Immigration Lawyers (ABIL) are fielding many questions regarding this proposal, and are assuring clients that this is just a draft leaked rule. As such, any changes will come out first as a proposed rule, with time for comments. It could be a year or longer until any new rule is finalized. Moreover, any final rule could be immediately subject to litigation.

ABIL advises all applicants to comply with current rules. For example, California residents may be required to sign up for medical insurance under the Affordable Care Act. Even if that were to change under a final rule, the requirement still needs to be complied with at this time.

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ABIL Members Hold Global Immigration Symposium in Palo Alto, CA

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On June 13, 2018, ABIL Members held a Global Immigration Symposium for HR and mobility managers of international companies and those hiring global talent. The program featured eminent speakers from across the globe, sharing their in-depth expertise and commenting on the latest developments.

COMMON NOTIONS OF IMMIGRATION LAW: Fit your mobility program to regional particularities. Comparing the EU, Asia, and other regions.

Bryan Funai (U.S. / Japan)

Maria Celebi (Turkey)

Laura Devine (UK)

Karl Waheed (France)

INTRACOMPANY TRANSFEREES: Compare different ICT schemes. Discussion of the options as the ICT visa category is on the rise.

Bryan Funai (U.S. / Japan)

Bernard Caris (Belgium)

Barbara Jo Caruso (Canada)

Jelle Kroes (Netherlands)

Nicolas Rollason (UK)

GLOBAL PROCESS. Strategies for streamlining communications and managing expertly.

Brendan Coggan (US)

Marco Mazzeschi (Italy)

Karl Waheed (France)

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ABIL Members Hold Global Immigration Symposium in Palo Alto, CA

/in /by

On June 13, 2018, ABIL Members held a Global Immigration Symposium for HR and mobility managers of international companies and those hiring global talent. The program featured eminent speakers from across the globe, sharing their in-depth expertise and commenting on the latest developments.

COMMON NOTIONS OF IMMIGRATION LAW: Fit your mobility program to regional particularities. Comparing the EU, Asia, and other regions.

Bryan Funai (U.S. / Japan)

Maria Celebi (Turkey)

Laura Devine (UK)

Karl Waheed (France)

INTRACOMPANY TRANSFEREES: Compare different ICT schemes. Discussion of the options as the ICT visa category is on the rise.

Bryan Funai (U.S. / Japan)

Bernard Caris (Belgium)

Barbara Jo Caruso (Canada)

Jelle Kroes (Netherlands)

Nicolas Rollason (UK)

GLOBAL PROCESS. Strategies for streamlining communications and managing expertly.

Brendan Coggan (US)

Marco Mazzeschi (Italy)

Karl Waheed (France)

 

ICE Ramps Up Workplace Enforcement

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According to the Alliance of Business Immigration Lawyers (ABIL), Immigration and Customs Enforcement (ICE) has served over 5,200 audit notices of I-9 work authorization verifications since January. These numbers reflect an increase of 300% from fiscal year 2017, as the immigration agency carries out its mission to increase workplace audits.

So far in fiscal year (FY) 2018, which began October 1, 2017, U.S. Immigration and Customs Enforcement (ICE) has started 6,093 workplace investigations and has made 984 administrative arrests. See ICE delivers more than 5,200 I-9 audit notices to businesses across the US in 2- phase nationwide operation. By contrast, in FY 2017, the number of I-9 audits issued was 1,716, and 172 administrative arrests were made. The number of arrests made solely on the accusation of being in the country illegally, rather than having committed a crime, is already five times higher than it was in 2017, with two months still left in the fiscal year.

The Trump administration’s zero-tolerance policy targets low-hanging fruit and socioeconomically damages low-wage workers and their families. Most I-9 audits have been issued to staffing agencies and restaurants, which employ many such workers who support profitable industries.

Attorneys from the Alliance of Business Immigration Lawyers (ABIL) question the need for an increase in I-9 audits and whether they take resources away from going after criminals and gangs. The efforts also divert resources needed to reunite families separated at the border over the past few months. The efforts serve only to instill fear among undocumented immigrants and U.S. employers.

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ABIL Attorneys Release H-1B Tips for Employers

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The H-1B filing season starts April 2, 2018. Attorneys from the Alliance of Business Immigration Lawyers offer tips for employers aiming for success in the H-1B lottery.

On April 2, employers can start filing H-1B temporary visa petitions for foreign professionals for work starting October 1, 2018. The law limits new H-1B visa numbers to 85,000 a year. Because many more employers than that are likely to file petitions, U.S. Citizenship and Immigration Services (USCIS) will receive applications for one week and then conduct a lottery to determine which applications will actually be processed. Applications that receive a receipt will then be adjudicated for approval or denial.

Getting selected in the H-1B lottery does not necessarily mean a petition will be approved. USCIS issued 45% more requests for additional evidence on H-1B petitions in 2017 than the previous year. There was also a higher percentage of denials, longer processing times, and tougher standards on filing requirements. ABIL attorneys foresee even more scrutiny of H-1B petitions this year, as well as longer processing times.

ABIL attorneys recommend the following potential ways for employers to maximize their H-1B chances:

  • Apply based on a master’s degree from a U.S. nonprofit university as long as all degree requirements are completed before April 1
  • Ensure close match between course of study and job duties
  • Apply concurrently for optional practical training (OPT) or STEM OPT and H-1B
  • Apply for “consular notification,” not change of status, to preserve OPT if OPT lasts beyond October 1
  • Apply for “change of status” if OPT expires before October 1 to preserve work eligibility under “cap gap” policy, but avoid travel
  • Choose O*NET code and wage level carefully
  • If more than one field of study could qualify a person for the position, explain task by task how the position requires the education
  • Be careful of Level 1 wages. Instead, obtain an acceptable prevailing wage from a legitimate source other than the Labor Department, offer to pay a higher wage from the outset, or explain why this particular job is both entry level and qualifies as a “specialty occupation”
  • Consider other visa options if your employees is not selected in the H-1B lottery
  • Check USCIS website for changes to form, fee, filing location

PRESS RELEASE

ABIL Urges Administration to Change “Buy American and Hire American” Executive Order

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In the wake of President Trump signing the “Buy American and Hire American” Executive Order, Attorneys from the Alliance of Business Immigration Lawyers urge the USCIS to maintain the H-1B Visa program as a valuable tool to enhance the effectiveness and competitiveness of U.S. companies and enrich the communities in which these workers live.

On April 18, 2017, President Trump signed the Executive Order entitled: “Buy American and Hire American.” The Executive Order indicated that it “shall be the policy of the executive branch to rigorously enforce and administer the laws governing entry into the United States of workers from abroad.” The Executive Order is currently being applied to the H-1B Visa Program to de facto reinterpret this statutory language in a manner that not only departs from historical adjudication standards but is also inconsistent with the law.

The H-1B Visa program allows persons employed in “Specialty Occupations,” which, according to the law, require theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor (such as engineering, mathematics, medicine, accounting, etc.). The program also requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

The USCIS is now denying extensions and change of employer petitions for individuals, particularly in the IT field, who have been in H-1 status for years on the ground that their jobs no longer require at least a Bachelor’s degree in a particular field. New applications are being treated similarly.

This trend not only upends the lives of the individual employees but also the effective operation of the U.S. businesses that employ them. The underlying reasoning defies logic in that these occupations have gotten more complex, not less, in the more than 20 years since the USCIS first formally recognized that these groups of occupations did qualify as “Specialty Occupations.”

The Alliance of Business Immigration Lawyers (ABIL) believes this approach is legally misplaced and practically shortsighted. Reporting in the first week of May 2018 places the U.S. unemployment rate at 3.9%. Additionally, reports of highly skilled worker shortages are rampant, particularly in the Tech sector.

While the H-1B program could certainly be improved, using it as a tool to cut employment based immigration is the opposite of what USCIS should be doing. Until Congress acts to change the underlying law, ABIL urges the Administration to see the H-1B program for what it is: a valuable tool to enhance the effectiveness and competitiveness of U.S. companies and enrich, financially and culturally, the communities in which these workers live.

PRESS RELEASE