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L1a Visa Application - PowerPoint

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									¿Puertas Abierdas o
    Cerradas?
     Delaware Valley
    Relocation Council
       May 5, 2010
               Your Presenters
William (Pat) Patterson
Human Resources Lead – US Global Careers Program
Accenture

Nancy Sharp Ziegler
Director, Client Services - Global Immigration
Fragomen, Del Rey, Bernsen & Loewy

Lynn Shotwell
Executive Director
American Council on International Personnel
      Overview of Presentation
   Global Labor and Mobility Trends
   The Closing Door to the United
    States
   The Swinging Doors in the U.K.,
    India, Australia and Mexico
   Strategizing to Get Through the
    Revolving Doors
          World Economic Forum

The talent shock is coming. It will arrive in years, not decades,
  regardless of the current economic crisis. It is now time for
   all involved stakeholders to ally forces and prepare for the
    era of extreme labour scarcity, significant talent mobility
                   and a truly global workforce.


“Stimulating Economies Through Fostering Talent Mobility,” 23 March 2010
    Workforce 2020 – Shortage and Surplus
                 (in millions)
US                            -17      India         47
China                         -10      Pakistan      19
Japan                         -9       Bangladesh    7
Russia                        -6       Mexico        5
Germany                       -3       Indonesia     5
UK                            -3       Philippines   5
France                        -3       Egypt         4
Spain                         -3       Vietnam       4
Italy                         -3       Brazil        3
Australia                     -1       Iran          3
                                       Turkey        2
Source: Brookfield Global Relocation
   Trends 2010                         Iraq          2
Last Week in Migration…

        Finland
         India
     New Zealand
      Switzerland
    United Kingdom
     United States
         The Closing Door in the U.S.

   Quick refresher - Visa Types and options
   Changing immigration environment in the US
    • Recent developments
    • Potential legislation
   RFE’s, Employer control and Site Visits
   Increasing Prevailing Wages
   Risk management
   Impact on internal processes and planning
   Shifting business focus
       US Visa Types & Their Intentions
   H1B – Specialty industry skills not available in the US
    • USCIS Managed with DOL input as part of a labor strategy
    • Transferrable to new employer
    • Prevailing wage requirement


   L’s - basic intent is to foster foreign investment in the
    US. To put people in positions in the US, from
    overseas that drive the growth of business.
    • L1A – Managers, managing people or an essential function.
    • L1B - Specialized company or client technical, business
      function knowledge.
            Issues Impacting the Debate
   Shift of Power in Congress
     • Senate 59 Democrats, 41 Republicans
     • House 253 Democrats, 178 Republicans
   Secretary of Labor Hilda Solis

    •New Senate Immigration
    Subcommittee Chairman
    Schumer

    •Economic factors will continue
    to drive scrutiny of foreign
    worker programs
            Recent Developments
   Senator Grassley’s letter to Microsoft (1/22/09)
     • What is the breakdown in the jobs that are
       being eliminated? What kind of jobs are they?
       How many employees in each area will be cut?
     • Are any of these jobs being cut held by H-1B or
       other work visa program employees? If so,
       how many?
     • How many of the jobs being eliminated are
       filled by Americans? Of those positions, is
       Microsoft retaining similar ones filled by foreign
       guest workers? If so, how many?
     • How many H-1B or other work visa program
       workers will Microsoft be retaining when the
       planned layoff is completed?
               Recent Developments
H-1B TARP Amendment in the Economic Stimulus Package (2/2009)
   • Requires companies who receive TARP funding or emergency loans
     from the Federal Reserve to comply with the H-1B dependent employer
     restrictions in order to hire an H-1B visa holder over the next two
     years.
   • The employer will not displace any similarly employed U.S. worker
     within 90 days before or after applying for H-1B status, or an extension
     of status for any H-1B worker;
   • The employer will not place any H-1B worker employed pursuant to the
     LCA at the worksite of another employer unless the employer first
     makes a bona fide inquiry as to whether the other employer has
     displaced or intends to displace a similarly employed U.S. worker within
     90 days before or after the placement of the H-1B worker; and
   • The employer, before applying for H-1B status for any alien worker
     pursuant to an H-1B LCA, took good faith steps to recruit U.S. workers
     for the job for which the alien worker is sought, at wages at least equal
     to those offered to the H-1B worker. Also, the employer will offer the
     job to any U.S. worker who applies and is equally or better qualified
     than the H-1B worker. This attestation does not apply if the H-1B
     worker is a "priority worker" within the meaning of Section
     203(b)(1)(A), (B), or (C) of the INA.
    Possible Changes in Upcoming Legislation

   New Mandatory Employer Verification System
   Establish a Commission on Employment Based
    Visas
   Green Cards available to students graduating
    from US institutions in Science, Technology,
    Engineering or Mathematics who have a job offer
    from a US Employer
   New H-1B Restrictions:
   L-1 Restrictions including the possibility of a
    prevailing wage and worksite restrictions
               Employer Control
   Recent USCIS Memo on Control
    • Jan 2010 memo enforcing working relationships between
      employers and H1 visa holders.
     Increasing H1B Prevailing Wages

   Complex process often managed and controlled
    by immigration attorneys
    • Leverages their industry experience
    • Insures controls and compliance


   2 Step
    • Determining the Role
    • Determining the Wage Level
     Increasing H1B Prevailing Wages

   Determining the Role
    • Example – “Computer” Roles at Online.ONETCenter.org
    • Limited list of roles suitable for visas
   Wage Levels determined generally by
    • Yrs Experience requirements
    • Education Required
    • Special Skills or Knowledge required
   Influenced by resume contents
   Example - Data Source underlying FLCDatacenter.com
   Somewhat subjective process resulting in
    business risk which must be managed closely
       In Public View
List of top 15 H1B Visa
Users 2008

•Periodically publicly
circulated data

•Can drive public
sentiment and queries

•Critical to maintain a
high level of control
over processes and
manage risk.




                          Source – Computerworld.com
    In Public View
   Avg Prevailing Wage H1B Visa
    Users
   Public H1B Case Data
   Simple average of H1B PW
   Data lacks detail for a true
    comparison of wage
    determination practices.
           Cross Border Transfers
   Shifting business focus
   Shift in direction
    • Past 10 yrs, Low cost to high cost
    • Next 10 yrs, High cost to low cost
   Business focus now on getting leaders and skills
    into emerging markets
   Good news for the relocation industry
                             India
   Quota System:
    • Employment Visas restricted to 1% of the
      employee population in India, up to a max of
      20
    • Applications for Employment Visas above
      quota will be referred to the Ministry of Labor
      for determination
          Business Necessity letter is recommended
          Processing time increased by 4-6 weeks
    • Discretionary authority of consulates causing
      inconsistent results
                        India
   Anticipated Changes (Subject to change
    pending issuance of actual rules):
    • Cap on Employment Visas for Highly Skilled
      positions eliminated
    • Minimum Salary requirement: USD 25,000
    • Initial visa will be issued for 3 years for US
      nationals and 2 years for other nationals
    • Changes to FRRO processing also scheduled
      but no details provided
                                UK
   Points Based System (PBS)
    •   Initiated in November 2009
    •   Sponsoring entities must be registered
    •   Adjudication is now at Consulate level
    •   UK company responsible for meeting
        compliance requirements
            Documentation, tracking, notice requirements, etc.
                   Australia
   Effective Sept. 14 2009 major changed
    implemented to improve protections on
    Australian labor market
    • Amended criteria to be a sponsor
    • Redefined sponsorship obligations
    • Expanded government authority to monitor
      and investigate for non-compliance
    • Increased penalties for employers who breach
      sponsorship obligations
                         Mexico
   New Immigration Procedures Manual effective
    May 1, 2010
    • Designed to simplify applications procedures and reduce
      processing times
    • Nationals eligible to enter Mexico without a visa obtain
      an FMM allowing stays of up to 180 days (business
      visitors, professionals, and technical workers); may be
      permitted to perform some work activities
    • Visa nationals obtain FMM at consulate, obtain pre-
      approved work permit after arrival in Mexico, and
      completing registration procedures
    • Holders of temporary work authorization in the US with
      valid US visa do not need to get a visa in advance of
      travel to Mexico
    • APEC Business Traveler Card (ABTC) allows holder to
      perform business activities in Mexico for up to 59 days
    • New application form to be issued
            Preparing for the Future
   Develop a dialogue with key stake
    holders:
    • What are the key destinations?
    • What activities will be performed in the
      destination country?
    • When will employees need to be in country?
   Planning:
    • Provide a detailed description of the process
    • Manage expectations on processes, timing,
      and requirements
   Monitor progress and results
    • Expect the unexpected

								
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