Page 11 - NC Triangle Vol 7 No 2
P. 11

NAM DOUGLASS | Immigration Law
Beyond the H-1B Gamble: Alternatives for Securing Foreign Workers
Inkeeping with the “Buy Amer- ican and Hire American” Executive Order aimed at protecting U.S. workers, as of April 1, 2019, the H-1B visa program is sub- ject to new rules modifying the lot- tery process and requiring employer
registration.
 e H-1B lottery is a result of U.S.
employers petitioning for more than the allotted H-1B visas authorized by Congress. In fact, every year for the last  ve years, American companies have petitioned for more than double the maximum allotment of 85,000.
 e new lottery process is designed to give an advantage to persons eli- gible for the advanced degree exemp- tion (the “master’s cap”), meaning they hold a U.S. master’s degree or higher. USCIS estimates this will re- sult in a 16% increase in the number of H-1B workers with graduate de- grees from U.S. colleges and universi- ties.
Another change, e ective for next year’s FY2021 H1B allotment, is the electronic registration requirement. All employers wanting to “play” the H-1B lottery will have to register on- line in advance, and only the selected “winners” will be able to actually peti- tion for an employee.  e USCIS be- lieves this will make the H-1B process more e cient and cost-e ective.
“WINNING” THE LOTTERY IS NO CAUSE FOR CELEBRATION
Being selected in the H-1B lottery is only the  rst hurdle. Requests for Evidence (RFEs) and denials have increased signi cantly. In the fourth quarter of FY 2017, the RFE rate for H-1Bs reached 69% as compared to 23%thepreviousquarter,andthede- nial rate rose from 16% to 22%.
Furthermore, in 2017, USCIS re- scinded its policy of giving deference
to its own prior approvals when mak- ing decisions on visa extensions.  is has led to sudden denials of existing employees’ H-1B visa renewals, leav- ing businesses scrambling to  ll un- foreseen gaps in their workforce. As a result, American companies face in- creasing limitations and risk su ering harsh consequences if they lose the H-1B gamble.
VIABLE H-1B ALTERNATIVES
Companies are o en unfamiliar with other nonimmigrant visas avail- able to secure foreign workers, such as TNs, O-1s, and L-1s.  ese classi ca- tions have no numerical limit, year- round availability, fewer government fees and reporting requirements, and ongoing premium processing for fast- er government turnaround.
NAFTA PROFESSIONALS
 e U.S.-Mexico-Canada Agree- ment signed Nov. 30, 2018 retains all the TN visa provisions from NAFTA.  e TN NAFTA Professional visa pro- vides Canadians and Mexicans work authorization in many designated professions, including accountants, computer systems analysts, engineers, hotel managers, nurses, pharmacists, social workers, and scientists.
 ese three-year visas can be con- tinually renewed, and Canadians may apply at the border – streamlining the process, increasing the speed of on- boarding, and decreasing the costs to employers.  is visa is a great option for North Carolina employers, where over 30% of immigrants are from Mexico.
EXTRAORDINARY INDIVIDUALS
North Carolina’s dynamic economy boasts a highly educated population, multibillion-dollar R&D industry, professional sports teams, modern performing arts centers, and re- nowned restaurants. Companies seek-
AttorneyAtLawMagazine.com
ing to recruit top talent from around the world to grow these economic drivers in our state should consider the O-1 visa.
 e O-1 visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievement in the motion picture or television indus- try, and who have been recognized nationally or internationally for their accomplishments.  ese include cut- ting-edge scientists and inventors, ex- pert medical clinicians, distinguished research scholars, top international chefs, and world-class athletes and coaches.
While the eligibility criteria are stringent, this visa allows employers to hire the best and brightest world- wide without annual limits or dead- lines.
LEVERAGING MULTINATIONAL CORPORATIONS
North Carolina is also home to four international airports, 14 Fortune 500 and 26 Fortune 1,000 headquarters, and RTP alone has more than 200 global companies.  e L-1 visa allows American companies with a qualify- ing overseas business to transfer its specialized employees, managers, and executives from the organization abroad to its U.S. operation.
 e L-1 visa is also an option for overseas companies that acquire an existing U.S. business or who seek to establish a new U.S. o ce. Spouses of L-1 visa holders are also eligible to work.
TN, O-1, and L-1 visas give Ameri- can businesses additional options to the H-1B in order
to hire and retain
exceptional person-
nel from across the
globe.
Nam Douglass is the associate attorney at Gardner Law PLLC, an immigration law  rm located in downtown Raleigh. She has signi cant experience handling complex business immigration cases as well as family-based petitions. Nam received her Juris Doctor from Campbell Law School, graduating cum laude, and also holds a bach- elor’s and master’s degree from Virginia Tech. Nam and her family have lived in Raleigh since 1998 and are avid soccer fans. She and her children also practice Tae Kwon Do and have all earned black belts. For more information contact her at (919) 987-2101, [email protected] or visit the  rm’s website at http://www.gardnerlawpllc. com.
11


































































































   9   10   11   12   13