What is the J-1 Visa: How it Works

The J-1 visa allows foreign nationals to study, conduct research, and other opportunities for a few weeks or years. To participate in the Exchange Visitor Program, applicants must meet specific requirements required by the Department of State. Navigating federal rules and laws is sometimes a complex process. 

J-1 Visa Purpose

The Exchange Visitor Program serves as a way for foreign citizens to work, gain experience, and engage in academic study in the United States. Examples of J-1 visa applicants include:

• Au pair
• Physician 
• Intern
• Professor
• College student
• Research scholar
• Summer work travel

These are a few examples of the typical reason an applicant applies for a J-1 visa. The reason for the visit generally determines the length of an applicant’s stay in the United States. 

An au pair, for example, typically receives a J-1 visa for one year. Other time limit requirements include:

• Specialist: one year
• Teachers: up to three years
• Professors: not to exceed five years
• Camp counselor: four months
• Doctors, internship, or residency: not to exceed seven years
• Government visitors: 18 months

An extension is sometimes possible, depending upon a variety of factors. J-1 applicants can learn about visa applications and visa issuance fees by contacting their embassy or consulate. 

It is important to note that a visa does not guarantee entry into the United States. Instead, a visa allows travel to a port of entry, such as an airport, in the United States. The visa holder is then allowed or denied entry by the Department of Homeland Security and the U.S. Customs and Border Protection agents. 

J-2 Visa

Spouses and children — under the age of 18 and unmarried — of J-1 applicants can apply for J-2 visas. The length of a J-2 visa stay, once approved, matches the J-1 visa holder’s time limit. 

Spouses and children may apply for and obtain authorization to work in the United States. Contact a Louisiana visa attorney for a free case consultation to learn more about how the J-1 and J-2 visa process works. 

J-1 Visa Requirements

There are two components to the J-1 visa: the applicant and the sponsor. Universities and medical facilities are two examples of types of J-1 visa sponsors. Both applicants and sponsors must meet specific requirements to complete the visa process. An incomplete application may delay the process or result in a denied visa. 

J-1 Visa Applicants and the Two-Year Physical Residence Requirement

One condition of some J-1 visa applicants involves the two-year physical residence requirement. Applicants who agree to the terms of the J-1 visa must return to their home country for two years following their U.S. visit. 

The two-year requirement binds J-1 visa holders who seek to do the following:

• Changing status: change to a nonimmigrant category
• Adjust status: from immigrant visa to lawful permanent resident status
• Receive an immigrant visa at a U.S. Embassy or Consulate
• Receive a temporary worker, intracompany transferee, or fiancee visa at a U.S. Embassy or Consulate

A waiver for the two-year physical residence requirement is sometimes possible. The reason for your exchange visitor visa and other factors may help you avoid this rather stringent requirement. 

Ensuring that you follow federal requirements for your visa and any changes you seek is crucial for your goals. Hiring a lawyer familiar with the J-1 process can help protect you from a costly mistake that may prevent you from obtaining permanent residency. 

Sponsor Requirements

Sponsors of a J-1 visa applicant must receive designation as an Exchange Visitor Participant by the Department of State. The State Department then assigns the sponsor a designated program number. 

Program sponsors are responsible for the following:

• Screening and selecting eligible foreign nationals for their participation in the exchange visitor program
• Supporting and monitoring exchange visitors during their stay in the United States

If you are a J-1 applicant or sponsor, understanding all legal requirements for the process is where our team can help you. At Stephenson, Chavarri & Dawson, L.L.C., we can apply our knowledge of U.S. visa law to your application or sponsorship. 

J-1 Visa Waiver for Louisiana Primary Care and Specialty Physicians

In Louisiana, federally-designated health professional shortage areas (HPSAs) connect foreign medical providers with rural areas. A J-1 visa waiver is possible upon:

• A predetermination of legibility 
• A letter of support for placement

Applicants seeking a waiver must apply through the Louisiana Department of Health. Those who obtain a waiver must commit to a three-year stay in the program. 

J-1 Visa Visitor Exchange Louisiana State University

Institutions of higher learning like that of Louisiana State University participate in the J-1 visa program. The temporary exchanges provide educational and cultural opportunities for students and staff. 

Ensuring that your application is complete or protecting your current visa status is easier with a lawyer by your side. The visa process is complex and requires a dedicated focus of time and attention — something your lawyer can provide. 

A Louisiana J-1 Visa Lawyer Can Help Protect Your Best Interests

The J-1 visa is a helpful way for foreign nationals to explore living and working in the United States. However, whether it is for study, research, or some other approved reason, adhering to the federal guidelines is crucial for a successful experience. 

A Louisiana  Immigration lawyer experienced with the J-1 visa can help protect your best interests. No matter where you are in the process, the lawyer you hire can help you better understand your next steps. 

Do not let complex visa laws prevent you from pursuing the unique experience of interacting with United States citizens or foreign nationals. The collaboration that results from the exchange can result in unique learning and professional opportunities. 

Get J-1 Visa Help from Stephenson, Chavarri, & Dawson, L.L.C. Today

You can conveniently contact us online or by phone: 504-523-6496 for your free case consultation. Get started on your exchange visitor program by contacting us today.

 

Are you an investor or entrepreneur looking to move to the U.S. to start a business? Have you been waiting for the U.S. government to make the visa process available for your situation? If so, our experienced New Orleans immigration attorney can provide more information about the International Entrepreneur Program.

What Is the International Entrepreneur Program?

According to Forbes, approximately 3.2 million foreign-born entrepreneurs own and operate businesses in the U.S., representing almost a quarter of all businesses in the country, while only accounting for about 14 percent of the population. These companies provide jobs for around 8 million people, and hold a disproportionate number of patents for new technologies. Among the most notable foreign-born entrepreneurs in the U.S. are the founders of Google, Tesla, and Yahoo.

The International Entrepreneur Program is an initiative that was created during the Obama Administration within federal laws to provide entrepreneurs and investors with a way of staying for up to five years in the country while they start a business or establish a business presence here. While the program was halted during the Trump Administration, it was announced in May 2021 that it would begin accepting applications for entrepreneurs that meet the program’s eligibility criteria. Technically, this authorization is not a new type of visa, but rather a “parole” program that grants access to those who will benefit the country with their presence.

The Requirements for Parole

In order to be granted parole through the International Entrepreneur Program, applicants must meet the following eligibility criteria:

• They must have a central or active role in a U.S.-based start-up that was created within the last five years.

• They must hold at least a 10 percent ownership stake in a U.S. start-up.

• They must be able to demonstrate that, in the past 18 months, the start-up received either a minimum investment of at least $250,000 from one or more qualified U.S. investors, or government awards and grants of at least $150,000. It should be noted that a qualified U.S. investor, for purposes of obtaining parole in the program, is someone who has — in the past five years — made investments of at least $600,000 to start-ups that have created at least 5 jobs or generate at least $500,000 in annual revenue or feature a growth rate of at least 20 percent.

In some cases, if the entrepreneur is able to show that they partially meet the investment or grant requirements, authorization will be permitted with the presence of evidence that shows the start-up’s potential to grow rapidly and create jobs.

Initial parole is granted for a period of 30 months (2.5 years). The parolee is permitted to seek a “re-parole” after that time that will allow them to remain in the country for another 30 months, bringing the maximum stay through the program to 5 years. In order to have the stay extended for another 30 months, the parolee must prove:

• They have maintained central control of the start-up.

• They carry at least a 5 percent ownership stake in the start-up.

• During the initial parole period, they either received at least $500,000 in qualifying investments or government grants or awards; created at least 5 jobs; or they attained at least $500,000 in annual U.S. revenue and saw growth of their start-up of at least 20 percent.

Applying for the Program

In order to obtain authorization to enter the U.S. in order to start a business, the applicant must complete the required forms with supporting documentation and submit it to the U.S. Citizenship and Immigration Services (USCIS), along with the required application fee and the charge for biometrics. If the application is approved, the applicant will be directed to the nearest U,S. consulate to obtain necessary travel documentation.

Other Provisions

The spouses of entrepreneurs wishing to access the U.S. through this program can seek U.S. employment authorization to enter the country along with their spouse, seeking to work either at their spouse’s start-up or for another U.S.-based business. However, additional family members, including adult children, are not granted entry into the U.S. by way of employment through the International Entrepreneur Program. Children who are under the age of 21 are permitted to accompany their parents to the U.S. Up to three entrepreneurs can be paroled per start-up entity.

While visa programs have quotas that determine how many people can enter the country under that type of visa each year, the International Entrepreneur Program does not have quotas, meaning you will not be barred from entry simply because too many people have applied before you.

Individuals wishing to enter the country through the International Entrepreneur Program are not required to prove any minimum level of wages. 

The program is not a path to permanent residence in the U.S. through a green card.

How an Immigration Attorney Can Help You

If you’re a foreign-born entrepreneur wishing to start a business in Louisiana and would like to participate in the International Entrepreneur Program, an experienced immigration attorney from Stephenson, Chavarri & Dawson, L.L.C. can provide a number of services to assist you, including:

• Guidance as to your eligibility for this program, as well as other programs that might better suit your needs.

• Reviewing your application to ensure that you have provided the required documentation.

• Assistance with applying for re-parole that will allow you to remain in the country after your initial 2.5 year parole has expired.

• Assistance with resources and services that can assist you after you have arrived in the country.

• Assistance with resolving disputes with the USCIS about any matter pertaining to your immigration through the International Entrepreneur Program.

We invite you to participate in a consultation, which will allow you time with one of our attorneys to obtain answers to the questions you have about the program or other immigration matters, as well as to learn more about the services we can provide to assist you. For your consultation, contact us online or by calling 504-523-6496.

 

If you employ foreign nationals, you know that securing an H-1B visa does not always come easy because the federal government limits the number of available visas. Each year the United States Citizenship & Immigration Service (USCIS) conducts a lottery to award these visas, but some employers remain exempt from limits, such as non-profit entities like colleges and universities. Below we provide a broad overview of H-1B visas, how the lottery works, potential future changes, and what you can do to prepare for lottery registration.

What Is an H-1B Visa?

If you haven’t ever applied for a work visa for an employee, you might be unfamiliar with H-1B visas. An H1-B visa allows workers from other companies to come to the United States for employment if they work in a specialty occupation or if they are fashion models. According to the Department of Labor, workers who have highly specialized knowledge and hold a college degree fall under the umbrella of a specialty occupation. H1-B visas exist to help employers get temporary qualified employees from outside the United States when they cannot find the skill set they need in the U.S. workforce.

How the H-1B Visa Lottery Works

Currently, the USCIS approves 65,000 H-1B visas each fiscal year plus an additional 20,000 H-1B’s for those who hold advanced degrees. The new lottery began in 2020 with the implementation of an electronic registration process. Employers who are subject to the 65,000 cap must complete a basic registration process that includes limited information about their company and workers they want to employ in the United States.

The government opens up the initial registration for a minimum of 14 calendar days each year. After the registration period closes, USCIS selects 65,000 visa recipients and invites employers to file an H-1B cap petition. The government does not actually refer to the selection process as a lottery. However, H-1B visas are not first come-first served. Instead, the selection occurs after the close of registration through a randomized process that works like a lottery.

The new registration procedure is especially convenient for employers, and it reduces the costs of applying for an H-1B visa. Instead of completing an entire application, you only have to complete the full application if your employees are selected. This prevents you or your human resources department from spending time on an entire application package only to learn you weren’t selected.  In 2021, the initial registration window closed on March 25th.

An Increase in Prevailing Wages

Prior to leaving Washington, the Trump administration implemented new laws to increase the prevailing wages for H-1B visa holders. These new rules intended to provide a greater incentive for businesses to hire American employees and in some cases would price foreign labor too high for employers. The Trump administration sent the rule to the Federal Register on January 15, 2021, but it was not published.

As is normal for incoming presidents, the Biden administration paused all recent rules for review. Ultimately, they issued a final rule on implementing a wage-tier program for H-1B visa holders on March 12, 2021. The rule delays the implementation of the final rule on prevailing wages until May 14, 2021. Immigration lawyers and other groups are lobbying the Biden administration for a change, but only time will reveal any changes.

You’ve Been Selected to Apply for the H-1B Cap, Now What?

Completing the H-1B cap application is no small task. Additionally, rules concerning the award and eligibility for them change regularly, especially with a change in presidential administrations. Meeting all the required deadlines and correctly completing the application is of the utmost importance. Mistakes or delays can lead to H-1B denials, adversely impacting your business.

An experienced immigration lawyer can help you with your application to ensure you have the best chances for approval. Experienced immigration attorneys keep abreast of important changes related to registration and application of H-1B visas to help businesses get the team members they need to come to the United States.

Labor Condition Application

Employers that want to apply for H-1B visas for workers must also obtain a certification from the Department of Labor that shows they have filled out a Labor Condition Application (LCA). An LCA requires employers to comply with the following with regard to H-1B workers:

• Employers must pay the worker no less than similar workers or the required prevailing wage in Louisiana.
• Employers must provide safe working conditions.
• Employers cannot file an LCA during a strike or lockout at their business.
• Employers must give notice of the LCA to the union representative or post information at the location of employment.

H-1B Visa Denials

Employers can get an H-1B visa denial through any part of the process. The Department of Labor might deny your LCA, your H-1B cap petition might be denied, or your employee might be denied as they go through the visa process with the State Department. Denials occur for a variety of reasons:

• The employer did not establish the role as a specialty occupation covered by an H-1B.
• The employer did not provide the required academic or equivalent qualifications for the job.
• The employer did not respond to a request for evidence from USCIS.
• The employer did not pay the right amount or failed to submit the filing fee associated with an H-1B.

These are only a few of the things that might go wrong with securing an H-1B visa after being selected.  A skilled immigration lawyer can help.

Contact an Experienced New Orleans Immigration Attorney to Help with the H-1B Process

You want to hire the best people possible for the job regardless of the nation they call home. Securing H-1B visas is a complex process. Those who try to attempt it on their own sometimes struggle with deadlines and paperwork. Our team understands the challenges of obtaining an H-1B visa. Contact the skilled immigration attorneys at Stephenson, Chavarri & Dawson, L.L.C. online or at 504-523-6496 to learn more about how we can help.

The United States government had created the EB-5 Investor Visa to help encourage foreign investment in businesses in the United States. While this program has considerably evolved since its formation in 1990, recent modifications have brought many new changes to the EB-5 Investor Visa rules. In this blog post, we will delve into the specifics of how these new changes have updated aspects of priority date retention, increased minimum investment requirements, provided clarifications to specific USCIS procedures, and will also explain how you can apply for an EB-5 Investor Visa in Louisiana.

The EB-5 Visa Basics

Under the EB-5 Immigrant Investor Program, individuals who make the necessary investment in a business venture in the United States and preserve or create ten full-time jobs for qualified United States workers are eligible for lawful permanent residence in the United States. Stated simply, the EB-5 Investor Visa allows immigrant investors to obtain lawful permanent residency if they want to manage a business in the United States.

There are two ways to obtain an EB-5 Investor Visa- The Regional Center Pilot Program and the Basic Program.

• Regional Center Pilot Program allows immigrants to invest in “regional centers” that have been approved by government agencies. Investing in these regional centers provides significant benefits to immigrants seeking residence in the United States through the EB-5 program. One of the most notable advantages is the ability to count both indirect and direct jobs, meaning they do not need to show they directly hired any employees. Instead, the burden of proving job creation is passed onto the regional center.
• The Basic Program allows immigrants to invest in their own business or a business owned by other individuals. Under this option, only direct jobs are eligible to meet the job creation criteria. Specifically, the immigrant needs their investment to create or sustain ten new identifiable jobs over a two-year period.

The New EB-5 Rule

The United States Department of Homeland Security (DHS) recently published a new EB-5 rule that went into effect on November 21, 2019. This new law brought with it several changes to the Immigrant Investor Program that included the following updates:

• Provided priority date retention to certain EB-5 investors.
• Increased the required minimum investment to account for inflation.
• Reformed particular targeted employment area (TEA) designations.
• Clarified specific USCIS procedures for the removal of conditions on permanent residence, and
• Made other technical and conforming revisions.

What You Need to Know

You may be asking; how do these new rules affect your ability to qualify for the EB-5 program? To break it down even further, please review the summaries below.

Priority Date Retention

Under this new element, certain immigrant investors will keep the priority date of their previously approved EB-5 petition, even when they file for a new petition.

Increased Minimum Investments

• The usual minimum investment amount has increased from $1 million to $1.8 million to account for inflation.
• The minimum investment in targeted employment areas (i.e., rural areas and places of high unemployment) has increased from $500,000 to $900,000 to account for inflation.
• Per the Consumer Price Index for All Urban Consumers, future adjustments will also be tied to inflation and occur every five years.

Targeted Employment Area (TEA) Designations

• DHS will now directly review and determine the designation of high-unemployment targeted employment areas (TEAs). They will no longer defer to state and local government of their targeted employment area (TEA) designations.
• Particular designated high-unemployment targeted employment areas (TEAs) will now consist of a makeup of census tracts that include the tract or contiguous tracts in which the new enterprise is principally doing business, including any or all directly adjacent tracts.
• Targeted employment areas (TEAs) can now include towns and cities with a population of 20,000 or more outside of metropolitan statistical areas. However, this will only apply if they have experienced an average unemployment rate of at least 150% of the national average unemployment rate.
• These new rules and changes will help direct investment to areas that are most in need and increase the consistency of how high-unemployment regions are specified in the program.

Clarified Procedures Related to the Removal of Conditions on Permanent Residence

• These regulations clarify that derivative family members, who are lawful permanent residents, must file to remove their permanent residence conditions independently.
• These new procedures also provide for flexibility to interview in new locations, and
• These new rules update the specific regulations to reflect the current process for issuing Green Cards.

How Can an Experienced Immigration Attorney Help You File for an EB-5 Investor Visa?

Preparing and submitting an EB-5 petition is a complicated and tedious process. The application requires an immense number of documents, evidence, and records to show that all the Visa requirements are met. And, many times, if the Petitioner does not provide the correct information or paperwork, they will find that their petition has been denied. That is why it is so crucial that you have the assistance of an experienced immigration attorney if you are filing for an EB-5 Investor Visa.

• These attorneys will not only provide you with the advice you need concerning eligibility requirements, but they will also review your application making sure everything is correct before filing.
• These attorneys can also provide you with advice regarding the required documentation and the specific legal procedures while assisting you through the whole process from the preparation to the submission of your documents.

The Law Firm of Stephenson, Chávarri & Dawson, LLC

Our legal team and attorneys at Stephenson, Chávarri & Dawson, LLC, have experience in all aspects of immigration and nationality law. We understand how complicated these laws are, and with the ever-changing policies, we know how frustrating this process is for our clients. That is why we want to provide individuals and businesses with the best representation and advice they need regarding their immigration concerns.

If you would like to learn more about the EB-5 Investment Program or to see if you qualify, do not wait any longer. Contact our firm today or give us a call at 504-523-6496 to speak with one of our experienced immigration lawyers.