How to Create a - Envoy Global

How to Create a

5-year employee immigration plan

GREEN CARD

WORK VISA

PASSPORT

here’s your five-year plan. Sponsoring foreign nationals for employment-based visas is rewarding, but can also be a big investment of time and financial resources — which makes employee retention more important than ever. Between juggling multiple employees’ expiration dates, visa extensions and the rest of your HR workload, it can be easy to miss a deadline. We’ll help you make sure nothing slips through the cracks.

DEADLINE

HOW TO CREATE A 5-YEAR EMPLOYEE IMMIGRATION PLAN

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Avoid hassle and stress by creating a five-year Employee Immigration Plan. You can manage each employee’s immigration process more efficiently by organizing a well-outlined, long-term immigration strategy — and avoid dilemmas down the road.

Follow this five-year plan for each of your foreign national candidates: Year 1

Recruit the Best Talent with a Temporary Work Visa Year 2

Begin Green Card Application Process Year 3

Renew Temporary Work Visa Year 4 & 5

Obtain Legal Permanent Residency Looking ahead 5 years

Apply for U.S. Citizenship HOW TO CREATE A 5-YEAR EMPLOYEE IMMIGRATION PLAN

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year 1 recruit the best talent with a Temporary Work Visa Sponsoring a foreign candidate for a temporary U.S. work visa is the first step in each employee’s five-year immigration plan. There are a variety of visa classifications available. However, most can be split into two categories: dual intent and non-dual intent. Dual intent visas allow foreign nationals to pursue permanent residency in the United States by applying for green card status while still under a temporary work visa classification. This is the recommended visa category because it allows employers to retain valuable employees by offering them a long-term residency solution. This section features information on: 1 H-1B: Foreign Nationals in Specialty Occupations 2 L-1A and L-1B: Intracompany Transfers 3 O-1A: Individuals with Extraordinary Ability or Achievement 4 P Visas: Internationally Recognized Foreign Nationals 5 Common Non-Dual Intent Visas HOW TO CREATE A 5-YEAR EMPLOYEE IMMIGRATION PLAN

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Year 1: Recruit the best talent

Year 1:

Recruit the Best Talent with A Temporary Work Visa The first step in your foreign recruit’s immigration plan is applying for a temporary work visa. It’s ideal to sponsor candidates for a dual intent visa, so the employee can pursue legal permanent residency down the road. This will help prevent any travel issues or gaps in employment, which can be common in the final stages of the green card process for foreign nationals with non-dual intent visas. Additionally, recruiting an employee with a non-dual intent visa could add extra steps to your long-term immigration plan. The following section contains important application information on dual intent work visas. Take application processing time frames into account before scheduling an official start date for each foreign national.


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Common Dual Intent Visas H-1B Who’s Eligible Foreign nationals working in “specialty occupations” who possess, at minimum, a U.S. bachelor’s degree or equivalent degree. Example fields: healthcare, biotechnology, education, engineering, computer sciences and medicine.

Requirements & Special Considerations Labor Condition Application (LCA) The employer must have a certified LCA from the Department of Labor in order to file the visa application. Processing time: Seven days. During H-1B cap, up to 10 days.

Dependents Spouse or unmarried children under the age of 21 may apply for an H-4 dependent visa status. Select spouses may apply for work authorization. Learn more in our H-4 infographic.


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Year 1: Recruit the best talent Processing Time Frame 2-4 MONTHS* *Eligible for 15-day premium processing. Current processing times may vary. Visit the USCIS website for updated time frames.

Approved Application Check your visa application statuses routinely to determine when to schedule your employees’ start dates. Some visas allow candidates to begin working in the United States before an approved petition is received. Contact an experienced attorney for more information.

L visas Who’s Eligible Foreign nationals employed abroad with a qualifying foreign entity for one year can qualify for an L-1 visa. L-1A: For employees acting abroad in an executive or managerial capacity, and will continue in the same capacity in the United States. L-1B: For employees who will come to the United States to continue to use their specialized knowledge as related to company tools, methodologies, products, services and/or techniques. HOW TO CREATE A 5-YEAR EMPLOYEE IMMIGRATION PLAN

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Year 1: Recruit the best talent Requirements & Special Considerations Blanket L Certification If a company sponsors multiple L visas, it may be worth applying for a blanket certification, which recognizes the relationship between the company and all its foreign entities, allowing for easier processing. Application processing time: two months

Dependents Spouse or unmarried children under the age of 21 can apply for an L-2 dependent visa. Spouse can apply for work authorization.

Processing Time Frame 1-3 MONTHS* *Eligible for 15-day premium processing. Current processing times may vary. Visit the USCIS website for updated time frames.



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O-1A Who’s Eligible People with extraordinary ability in the sciences, arts, education, business, or athletics, or someone with extraordinary achievement in the motion picture or television industry that has been recognized nationally or internationally.

Requirements & Special Considerations Dependents Spouse or unmarried children under the age of 21 may apply for an O-3 dependent visa. Dependents can’t work, but they can attend school.

Processing Time Frame

2 WEEKS*

*Eligible for 15-day premium processing. Current processing times may vary. Visit the USCIS website for updated time frames.

Approved Application Check your visa application statuses routinely to determine when to schedule your employees’ start dates. Some visas allow candidates to begin working in the United States before an approved petition is received. Contact an experienced attorney for more information. HOW TO CREATE A 5-YEAR EMPLOYEE IMMIGRATION PLAN

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P visas Who’s Eligible Internationally recognized foreign nationals are eligible. P-1A: Athlete (individual or part of team) P-1B: Member of entertainment group P-2: Performer or group under reciprocal exchange program P-3: Artist or entertainer part of culturally unique program

Requirements & Special Considerations Dependents Spouse or unmarried children under the age of 21 may apply for a P-4 dependent visa. Dependents can’t work, but they can attend school.

Processing Time Frame

2 WEEKS*

*Eligible for 15-day premium processing. Current processing times may vary. Visit the USCIS website for updated time frames.



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Common Non-Dual Intent Visas B-1

h-2a

h-2b

TN

E

J

Limitations You can sponsor employees with non-dual intent visas for green cards. However, this classification has certain restrictions that dual intent visas don’t share. Pay close attention to visa expiration dates, especially prior to traveling for business or leisure.

Note: Compared to their dual intent counterparts, non-dual intent visas have limited max-out dates and often allow unlimited extensions.

Be sure to renew the non-dual intent visa before starting the green card process. Because of the pending green card application, USCIS will be alerted of the intent to immigrate and won’t renew the non-dual intent visa. If an employee’s non-dual intent visa is expired but has a pending green card, it is recommended that the employee DOES NOT travel outside the United States because he or she may not be allowed back into the country.

Solutions It’s recommended to change to a dual intent status visa, because green card beneficiaries will need numerous extensions during the application process. If you have an employee whom you’d like to employ long-term, speak with an attorney to determine available immigration options.


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year 2

GREEN CARD

Begin the Green Card Application Process All work visas have expiration dates and some only allow for a limited number of extensions. Eliminate the need to worry about your employees being forced to leave the United States by sponsoring them for employment-based green cards. This section features: 1 Legal Permanent Residency Benefits 2 Initial Steps of the Green Card

Sponsorship Process 3 PERM Labor Certification 4 Visa Extensions 5 Spousal Work Authorization


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Year 2: Begin the green card application process

Year 2:

Begin the Green Card Application Process Green cards often take more than a year to be approved, so get a jump start on the process to avoid delays or gaps in employment authorization. It’s recommended that you begin the green card process after two years of each foreign national’s employment. In turn, the employee will have a stable future in the United States and gain the added perks that accompany the legal permanent residency (LPR) status.

EB-1 Approval Time Exception

Less than

1 year

EB-1 green cards, for priority workers with advanced degrees, can be processed in less than a year since there are no delays in processing times. However, it’s still recommended that you begin the application process in the second year of employment.

LPR Benefits for Your Company Attract the best talent from outside the United States. Retain high-skilled talent. Improve employee retention. Indefinite extension of certain visa statuses.


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Year 2: Begin the green card application process LPR Benefits for the Employee Permanent U.S. residency offers a sense of security. Residency for spouse and children gives the family more stability and opportunities. The green card process allows spouse to apply for work authorization.

Green card must be renewed

every 10 years.

Opportunity to eventually become a citizen. Hassle-free international travel. Receive Social Security benefits after retirement.

Steps for Beginning Green Card Sponsorship 1

Evaluate Foreign Nationals for Employment-Based (EB) Green Card Sponsorship Consult with employees’ direct supervisors about their work ethic and potential to excel within the company in the future. Speak with high-value employees and determine which are interested in staying at the company long-term and living in the United States permanently.

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Consult an Attorney to Determine the Green Card Category for Each Employee Once you’ve chosen which foreign nationals you’ll sponsor, your immigration attorney will determine which categories best fit their employment situations. Work with your attorney so you can anticipate processing times, application requirements and set expectations.


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Year 2: Begin the green card application process Here’s a brief overview of the most common employment-based visas:

EB-1: Priority Worker Available for: 1

Individuals with extraordinary ability in the sciences, arts, education, business, or athletics

2

Outstanding university professors or researchers

3

Executives or managers of a multinational company

EB-2: Advanced Worker Available for: 1

Professionals with an advanced degree

2

Individuals with exceptional ability in the sciences, arts or business

3

Professionals whose work benefits the national interest of the United States

EB-3: Skilled or Other Workers Available for: 1

Professionals, such as teachers, architects or engineers

2

Skilled workers with at least two years of training or work experience

3

Unskilled workers with at least two years of training or job experience

If your employees meet one of the requirements above, they may qualify for an employment-based green card. Learn more about each category in The HR Guide to Green Cards. HOW TO CREATE A 5-YEAR EMPLOYEE IMMIGRATION PLAN

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Start PERM Labor Certification Process When sponsoring an employee in the EB-2 or EB-3 categories, an employer must complete the PERM labor certification process.

Part 1: Recruitment This step confirms there are no qualified U.S. citizens or residents that can fill the position. Step 1: Issue a prevailing wage determination request to the Department of Labor. Step 2: Post job ads in state employment board, Sunday newspaper, employer website and additional job boards.

Part 2: Filing This involves submitting the proper recruitment forms, evidence and supporting documents to the Department of Labor in a timely manner so a proper PERM determination can be made. The PERM labor certification process can be time-consuming. VISANOW can manage it for you with our specialized PERM labor certification service. Contact us at (855) 840-8046 for more information.

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Review Priority Dates Check the U.S. Department of State’s Visa Bulletin. It’s published monthly and informs green card beneficiaries of how soon their petitions will become eligible to file an adjustment of status. There’s often a multi-year wait due to backlogs for certain countries and preference categories. Check monthly. If there’s a long wait (seven years, for example), you can check every year. For monthly visa bulletin updates and analysis, subscribe to VISANOW’s immigration blog.


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Visa Extensions Since each visa’s rules and validity periods vary, it’s easy to miss an important date and cause your employee to lose work authorization. It’s recommended that you track employees’ expiration dates on a calendar and start the renewal process at least six months in advance. Be sure to discuss with your immigration service provider what the visa limitations are for your employees. VISANOW’s online immigration management tool helps HR monitor expiration dates by automatically tracking them and issuing an alert when action is needed. To learn more, contact us at (855) 840-8046.

Apply for Spousal Work Authorization In some cases, dependent spouses can file for work authorization. For example, spouses of select H-1B holders who’ve reached certain later stages in the green card process can apply for an employment authorization document (EAD). Other common dependent statuses that may apply for work authorization documents include L-2, J-2 and E-2 dependent spouses.

Requirements: Both the work authorization applicant and the primary visa holder must be in a valid immigration status.


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year 3

WORK VISA

Renew Temporary Work Visa Depending on the type of visa your employee holds, it may need to be renewed in year three of the immigration plan. To help you plan ahead, this section features: 1 Work Visa Validity Periods 2 The Visa Bulletin 3 Final Stages of the Green Card

Application Process


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Year 3: Renew Temporary Work Visa

Year 3:

Renew Temporary Work Visa Work Visa Validity Periods

H-1b

L

o-1a

P

Initial Stay

Extensions Allowed

3 years

1

Max-Out Date 6 years after initial H-1B petition approved

L-1A: 7 years after initial petition approved

Renewal Application Processing Times

2 months

1 to 3 years

1 to 3, granted in 2-year increments into max limit

Up to 3 years

Varies based on USCIS determination, granted in up to 1-year increments

Varies

2 weeks

1 to 5 years

Varies based on individual cases, extensions granted in up to 1-year increments

Varies

2 weeks

L-1B: 5 years after initial petition approved

1 month

Note: Processing times may vary. To confirm current processing times, visit the USCIS website.


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Year 3: Renew Temporary Work Visa U.S. Citizenship and Immigration Services (USCIS) receives thousands of green card applications every year, which creates a significant backlog. As a result, the U.S. Department of State issues the monthly Visa Bulletin, providing updated priority dates and application quota numbers. You and your foreign national employee should check the bulletin monthly to monitor the backlog. Find the latest Visa Bulletin on the U.S. Department of State’s website.

Sample Visa Bulletin

C = Current, no backlog

Date Listed = Priority Date

U = Unavailable information

EmploymentBased

All Chargeability Areas Except Those Listed

CHINAmainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

01JUN13

01OCT08

C

C

3rd

15FEB15

01SEP11

22JAN04

15FEB15

01JAN05

15FEB15

01JAN06

22JAN04

15FEB15

01JAN05

C

C

C

C

C

C

U

C

C

C

C

01MAY13

C

C

C

Other Workers

4th Certain Religious Workers 5th Targeted Employment Areas/Regional Centers and Pilot Programs

A priority date is given when the PERM application is filed. If you’ve filed before the date on the chart, your priority date is current and you’re eligible to complete the next step in the green card application process, filing the I-485 adjustment of status application.


example Your employee’s PERM application was filed on June 22, 2015. The assigned priority date is June 22, 2015. If the beneficiary was in the EB-3 category and born in India — USCIS is still backlogged with applications with PERMs that were submitted in 2004 — the beneficiary most likely has an 11-year wait, unless the backlog changes.

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Year 3: Renew Temporary Work Visa Final Steps of the Green Card Application Process Once your PERM application is approved, you can continue the green card application process, which involves filing two major forms. 1

I-140: Immigrant Petition for Alien Worker Petition informs USCIS that employer wishes to change the foreign national’s status from temporary to permanent. Processing time: Four to six months Premium processing is available for only this step in the green card application process, which cuts down processing time to 15 days.

Good news! An approved I-140 petition can be used to apply for extensions of H-1B status for up to three years at a time, even after maxing out. This is important, as this acts as a bridge between the expiration of an H-1B visa and receiving a green card, which can take years.

2

I-485: Application to Register Permanent Residence Employee’s request for legal permanent residency status Processing time: Four to 10 months


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Year 4 & 5 Obtain Legal Permanent Residency If your employee is a national from a country that isn’t experiencing a green card backlog, it’s possible he or she will receive legal permanent residency within year four or five employment with your company. This section covers: 1 Green Card Holder Benefits 2 Potential Green Card Delays


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Year 4 & 5: Obtain Legal Permanent Residency

Year 4 & 5:

Obtain Legal Permanent Residency Green Card Approved? Celebrate! When your employee receives an approved green card in the mail, it’s cause for celebration. You can now consider the foreign national a permanent employee within your company, and he or she can receive all the benefits granted to your other workers of the same status.

Residency is lifelong, but the card must be renewed

every 10 years.

Green Card Holder Benefits The green card holder can now: Live permanently in the United States. Obtain a social security number. Build credit to help with future home and car loan requests. Apply for a driver’s license. Sponsor spouse and children for LPR status. Travel outside the United States for a trip spanning 180 days.


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Year 4 & 5: Obtain Legal Permanent Residency No Green Card? Here are Some Potential Reasons for Delay The green card process can be extremely long depending on a variety of factors, in addition to the USCIS backlog. Some common setbacks include:

Requests for Evidence (RFE) This can delay the green card process for months until USCIS receives a response. Avoid the delay by working with an experienced immigration attorney when preparing your case.

30%

DRIVER’S LICENSE

PERM audits The Department of Labor audits 30 percent of PERM applications. Being audited can delay a case for a year or more.

VISANOW-retained attorneys have experience handling RFEs and PERM audits.

Contact us at (855) 840-8046 for more information.


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Looking Ahead

5 years

PASSPORT

Apply for U.S. Citizenship Your foreign national employee is able to apply for U.S. citizenship, or naturalization, five years after obtaining a green card. This section covers: 1 Citizenship Benefits for Your Company

and Employees 2 The Naturalization Process


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Looking ahead 5 years: apply for u.s. citizenship

Looking Ahead 5 years: Apply for U.S. Citizenship

U.S. citizenship offers a variety of benefits for both your company and its workers. Encourage your employees to take advantage of the perks to help reach their career and personal goals.

Company Benefits HR no longer pays to renew visas for employee. Makes I-9 employment verification simpler. No need to worry about lapses in employment authorization due to max-out dates. Employees can travel internationally for business without a visa in some cases.

Employee Benefits U.S. citizens aren’t restricted on the amount of time they can spend outside the United States. LPRs can lose their status if outside the United States for more than 180 days. Travel is more convenient with a U.S. passport. Some countries don’t require visas for U.S. citizens to visit. Passing through customs is also quicker. Employees can apply for certain financial aid and government benefits once they’re U.S. citizens. Employees can vote in state and federal elections. Employees can sponsor family members for LPR status. HOW TO CREATE A 5-YEAR EMPLOYEE IMMIGRATION PLAN

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Looking ahead 5 years: apply for u.s. citizenship Naturalization Process

Biometrics Appointment

Applicant Interview

English and Civics Test

Oath Ceremony

Process Time Frame 4-8 MONTHS


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VISANOW.COM

Content in this publication is not intended as legal advice, nor should it be relied upon as such. For additional information on the issues discussed, consult a VISANOW-retained attorney or another qualified professional. Website, technology platform and administrative services provided by VISANOW.com, Inc., a Delaware corporation. Legal services provided by VISANOW-retained attorneys. © 2016, VISANOW.com, Inc., All Rights Reserved.


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