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Articles Posted in OPT

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new H-1B mandatory electronic registration system and what to expect after the mandatory registration period has closed. Keep watching for more information.

Overview:

As you know H-1B season FY 2021 is now in full swing. The new mandatory H-1B electronic registration system opened March 1, 2020 and will remain open until noon ET March 20, 2020.

Since the implementation of this new system our clients have been asking whether the system is working, whether there have been any glitches, and whether we have encountered any problems with the registration process.

So, what has happened since the system opened?

Unfortunately, during the first few days the system was open, our office encountered a few problems while registering our clients. The main problem was that the online system was locking us out and preventing us from completing our client’s registrations. Due to this, our office had to set up multiple accounts to prevent the system from locking us out in order to successfully complete the registrations.

Secondly, when registering in the system a code is supposed to be populated that is emailed to the employer for the purpose of verifying the information provided during the registration process. Our office experienced numerous problems retrieving this code, and in other cases the code provided by the system did not work altogether.

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In this video attorney Jacob Sapochnick talks visa options for entrepreneurs.

Overview:

In this video we cover four visa options that allow foreign entrepreneurs to live and work in the United States. These visa options also allow the foreign entrepreneur to bring his or her dependents to live with them in the United States.

Option #1 L-1 Visa for Executives, Managers, and Essential Employees:

There are two types of visas available under the L-1 category: 1) L-1A Intracompany Transferee Executive or Manager and 2) L-1B Intracompany Transferee Specialized Knowledge.

The L-1A category is a non-immigrant visa classification for aliens seeking to work in the United States in an executive or managerial capacity on an assignment of a temporary nature for a U.S. subsidiary or parent company of their foreign employer.
The L-1A visa classification allows a foreign company to transfer an executive or manager to the U.S. subsidiary or parent company. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company.
L-1B: If the alien is not employed in an executive or managerial capacity, the L-1B visa classification comes into play. To be eligible for the L-1B visa, the petitioner must demonstrate that although the alien is not employed in an executive or managerial capacity with the company, the alien possesses specialized knowledge and can represent the organization’s interests in the United States.

Both the L-1A and L-1B require the beneficiary to have worked abroad for the foreign employer for at least one year within the proceeding three years.

Pro: the L-1 visa leads to a green card

Option #2 E-2 Investor Visa:

The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities. Investment activities include the creation of a new business in the United States or investment in an existing enterprise. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.

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In this segment, attorney Jacob J. Sapochnick discusses new changes applying to OPT STEM extensions.

The new changes include:

– The new STEM OPT proposal will provide for an extension of OPT optional practical training replacing the 2008 proposal.

– The proposal will increase OPT STEM extensions from 17 months to 24 months.

– This will require employers to implement formal mentoring and training programs.

– In addition, the proposal aims to safeguard the rights of US workers in related fields.

– Students must report to DHS for any changes in their name, address, and employers.

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 In this episode, attorney Jacob J. Sapochnick, provides an update on the OPT Stem Extension Decision.

Notes:

  • OPT STEM has been extended.
  • This ruling will basically stop OPT Program.
  • District Court Judge Ellen Hovel found that the government made an error by not seeking public when it extended the 12-month OPT Program for STEM students.
  • The ruling could have invalidated the OPT extension immediately but instead the government gave 6 months to submit the OPT extension rule.
  • If the problem isn’t solved within 6 months, the OPT extension will be canceled on all these visa holders. They will then have only 2 months to leave the country.
  • OPT was created in 2008 due to the shortage of H1B visa.

For further questions please call our office.

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