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Russell Ford: Immigration in Higher Education (Ep. 36)

February 24, 2015 by Mark Deal Leave a Comment

In this episode we talk to immigration attorney Russell Ford on immigration issues with higher education staff and educators as well as the different challenges for administrators and professors.

Listen to this show using the web player below or your podcasting app of choice.

 

 

Subscribe via iTunes or Stitcher to get the next episode when it is released


Russell FordEver since clerking for a small, business immigration firm in New Orleans during my time at Tulane Law School, I was taken with the idea of being an entrepreneurial lawyer in a practice that focuses on helping people – from the individuals who need proper documentation to work in the United States to the Human Resources professionals recruiting those individuals and managing a company’s immigration systems and procedures to the In-House Counsel responsible for ensuring his company is in compliance with the maze of immigration rules and regulations.

In this episode you will hear:

  • Russell’s experience in immigration since 1999 and in the higher education industry since 2001.
  • How the various potions in higher education can present different opportunists and challenges
  • A typical path for foreign national professors and faculty
    • J1 to H1B with a two year home residency requirement.
    • The H-1B cap does NOT apply to higher education workers
    • Since most professors have about the U.S. equivalent of  Bachelors degree, the credential evaluation is easier.
    • O-1 path is a good option if petitioner can’t get waiver or wait for the J-1.
  • A typical path for foreign national staff and administrators
    • Must prove that position REQUIRES an advanced degree for H-1B qualification
    • Job title and requirements can play a critical role.
    • He shared a personal example in which a woman’s basketball coach studied sports management, but still had challenges for H-1B.
  • We also discussed the similarities in representing a higher education professionals and foreign entrepreneurs.
  • How the ‘Shark Tank effect’ has highlighted more immigration options for progressive higher education workers.

Russell’s parting thoughts:

  • Working with an immigration attorney is more about filling out forms for a visa category, but working with individuals with their end goal in mind. A good immigration attorney will use the programs and procedures to get you there.

Russell specializes in:

  • Primary business immigration working with institutions on inbound and outbound support.
  • Entrepreneurs and higher education systems.
  • SEVIS compliance and training for higher education systems and universities.
  • Enjoys working with business and university practices to enable talent and foster new ideas while working in compliance with government systems and regulations.

Filed Under: Business, E-2, Podcast

Greg Siskind: Executive Actions on Business and Employment Immigration (Ep. 34)

January 27, 2015 by Mark Deal 1 Comment

In this episode we talk to immigration attorney Greg Siskind about the impact of President Obama’s executive actions on business and employment immigration

Listen to this show using the web player below or your podcasting app of choice.

 

 

Subscribe via iTunes or Stitcher to get the next episode when it is released


Greg SiskindGreg Siskind is a founding partner of Siskind Susser and has practiced immigration law for nearly 25 years. He writes several books including the annually published LexisNexis J-1 Visa Guidebook, the ABA’s Lawyers Guide to Marketing on the Internet and SHRM’s Employer’s Immigration Compliance Desk Reference. In 1994, he created the first immigration law web site and in 1998 he created the world’s first law blog. Greg was recently named by Who’s Who in Corporate Immigration Law as one of the top ten immigration lawyers in the world and is the only immigration lawyer ever featured on the cover of the American Bar Association Journal. He also serves on Board of Governors of the American Immigration Lawyers Association.

In this episode you will hear:

  • The impact of President Obama’s recent executive actions on business and employment immigration.

  • Advocacy campaign when then H1B caps was raised. The timing when Feds lower and raise the number of H1B caps depends on the economy.

  • Legal Immigration Reform

    • The concept of pre-registration that could impact people that are waiting in employment based green card lines where they will allow those people to file for employment authorization documents & travel documents even though they can’t file an Adjustment application because green card numbers are not available and that really has a big impact on China and India in particularly employment based second preference category for advanced skilled workers and the lowest skilled workers also will be able to work immediately after filing a green card application as opposed to having to wait for 10-12 years to get their green card.

    • Recapturing unused green cards.
    • The concept of visa modernization basically President Obama directing USCIS and the State Department to look at modernizing the visa system and considering a variety of ways that they can make the system work efficiently.

    • All federal agencies make the announcements of new rules and proposed rule making. The Department of Homeland Security and the Department of State jointly published a request basically for information, put out a series of questions, asking for feedbacks on how to improve the immigration system.

  • The National Interest Waiver green card holder category which is traditionally been used for people on the Sciences to be opened up for Entrepreneurs.

  • To use the authority which the immigration services called “parole in place” which will allow certain Entrepreneurs who are considered to be providing “significant public benefit” to be able to get what’s called “parole status” in the U.S. which allows them to be in the U.S. and work without necessarily having to fit into an existing visa category.

  • People on H1B visas right now their spouses can’t work on the basis of being a spouse, that is supposed to be changing where H4 Spouses are gonna be able to get work authorization, that’s coming out sometime in the next couple of weeks.

  • Memo dealing with L1B Specialized Knowledge Workers, these are intracompany transfers for people working for at least a year overseas  for a company in highly specialized position and the company wants to bring them over, the State Department and the Immigration Service has been very inconsistent and has been very difficult in approving applications for people in that category and hopefully this guidance memo is gonna make it easier for the companies to be able to file applications that can get approved.

  • Other options:
    • H1B Students to request for visa extension for up to 29 months which is used to be just 12 months.

    • Being able to apply for Adjustment Application or Special Work Authorization on the basis of having a green card application filed and maybe able to transition from Student status into the Work status type of the green card and skip the H1B all together.   

  • Message to HR Managers or HR Fields
    • They have to be active in an organization or have the access to information that’s coming out these changes.

    • Go to an organization like SHRM. SHRM has been active in implicating an employment based immigration reform and putting a lot of information out to their members.

    • If you are a company with outside immigration counsel, check with your outside lawyers to see what kind of information you’re putting out.

    • Be proactive and go out and work with a number of immigration lawyers.

    • Continue educating yourselves.

    • It’s important to understand the timings of when these applications are gonna be about to be filed when people are gonna get their work authorization documents, what to happen when there is a sticky issue with your workers.

  • Habits that contribute to success:
    • Technology has given us marketing boosts because of the internet. Being an early adapter to keep your marketing edge and make you more efficient and could help you be able to produce high-quality work.

    • Always try to investigate where there are technology solutions out there that can improve the quality of your work.

    • A lot of people who are not great marketers are pretty good writers, try and channel talents into business development. Try to figure out where your talents lie.

Greg’s parting thoughts:

  • 2015 will be a very exciting year for immigration, head start with the President’s Announcement.

  • We’re going to see Congress, a lot of legislative initiative this year on producing immigration legislation.

  • To pay attention with what’s happening because it’s gonna change the way a lot of us have to do with immigration on a day to day basis, hope in a good way.

Greg specializes in:

Full Service Immigration Law

  • For Company needing help to get a visa for their employee.
  • Help with family immigration issues.
  • Help with removal proceedings.
  • Advice companies of employer complaints.

 

Ideas for Visa Modernization

The below 18 points were originally written by Greg Siskind on January 9, 2015 and appeared on the ILW blog at this link.

1. Streamlining and improve immigrant visa processing at US consulates.

2. Streamlining and improve non-immigrant visa processing at US consulates.

3. Improving USCIS processing of the following types of applications:

  • family-sponsored green cards
  • employment-based green cards
  • non-immigrant petitions
  • humanitarian petitions and applications (U, T and VAWA applications)
  • H-1B petitions

4. Improving the process for changing non-immigrant status.

5. Improving the process for adjusting status to permanent residency.

6. Improving the process of inspecting immigrants and non-immigrants at US ports of entry.

7. Implementing policy changes to attract the world’s most talented researchers to US universities, national laboratories, and other research institutions.

8. Implementing policy changes to attract the world’s most talented entrepreneurs who want to start businesses in the US.

9. Policies that could assist in creating additional immigration opportunities for high-demand professions such as physicians.

10. Ways to improve the EB-5 immigrant investor program.

11. How to improve labor market requirements for temporary workers to protect both US and temporary foreign workers and also achieve efficiency for employers and government agencies.

12. Improving the occupational data that is used to determine prevailing wages for various visa programs.

13. How to improve the diversity visa program including stopping fraud.

14. Any other changes to combat waste, fraud, and abuse in the legal immigration system.

15. Ways to ensure that non-immigrant visa numbers are fully and fairly allocated.

16. Ways to ensure that immigrant visa numbers are fully and fairly allocated.

17. Which elements of the current legal immigration system are most in need of modernized IT solutions?

18. Which government-collected data and metrics would be must valuable to make available to the public in order to improve oversight and understanding of the legal immigration system?

Please leave your comments and suggestions for these 18 items below or at the original ILW blog post.

Filed Under: Business, E-2, EB-5, L-1, Podcast

Michael Cataliotti: Entertainment Immigration (Ep. 33)

January 13, 2015 by Mark Deal 1 Comment

In this episode we talk to immigration attorney Michael Cataliotti about Sports and Entertainment Immigration for Athletes, Artists, Performers and Professionals

Listen to this show using the web player below or your podcasting app of choice.

 

 

Subscribe via iTunes or Stitcher to get the next episode when it is released


Michael CataliottiMichael Cataliotti is a transactional attorney practicing primarily in the areas of business immigration, entertainment transactions, and corporate governance for U.S. start-ups or expansions. Michael advises clients from such industries as food & beverage, music, fashion, film, television, technology, and digital media, as well as countries across the globe. He represents musicians, artists, photographers, authors, directors, producers, screenwriters, and celebrity talent in a wide-array of immigration matters, and both corporate and entertainment transactions involving start-up and established companies related to their respective industries.

In this episode you will hear:

  • A more specific detail about Sports and Entertainment Immigration.
  • What makes Entertainment Immigration unique as it concerns a very specific handful of visa options.
  • Sample story that didn’t work out when the Applicant submitted a fabricated video performance as evidence.
  • Effects of fabricating materials or falsifying evidence:
    • Will be under close introspection every time he/she applies thereafter.
    • No longer applicable to apply for Business Visa
  • Different visa options for Artists, Entertainers, Athletes, and Performers
    • H1B – Temporary workers and trainees
    • O – Temporary Workers of Extraordinary ability
    • P – Athletes and Entertainers
    • Nuances such as itineraries and petitioning entity
  • Benefits and Ideal Persons for O Visa:
    • Also known as Elite Visa for Artists or Individuals with extra ordinary abilities
    • Anyone who gained a strong reputation, recognition or acclaimed from outside sources such as Journalists, Dentists
    • Dancers, Choreographers who have worked with a number of different sources, have gained a strong reputation in their home country or anywhere.
    • The beneficiary is not seeking a permanent residency or Green Card
    • Not necessary to have plenty of money to apply.
    • With 3-5 pieces of independently published recognition
    • Maximum of 3 years duration of stay.
    • Will be more difficult for the young, upstart Musician or Music Producer who is behind the scene.
  • Benefits and Ideal Persons for P Visa
    • Athletes, Entertainers or Individuals with significant international recognition in their industry.
    • In many instances, requires less evidence than an O-visa to apply.
    • More or less 1 year duration of stay.
    • Athletes are allowed to stay longer than Artists.
    • Signed to a reputable company and with tour schedule.

Michael’s parting thoughts:

For any beneficiaries,

  • Even if the trip is cheaper or easier and more convenient, it is NOT ideal to go to Canada or Mexico to have an interview due to a number of boarder crossing issues, unless you’re a Canadian national or Mexican.
  • It is significantly easier and recommended to go elsewhere to have an interview (Europe being #1).

       “Never give up hope. Always realize that there are options available in every scenario, it might not be the most ideal but there are solutions to every problem and we’re here to figure them out with you.”

Michael specializes in:

  • Sports and Entertainment Immigration working with International Athletes as well as Entertainers, Artists and Performers.
  • Providing the best visa solution to visa problem for Sports and Entertainment Industries.
  • Act as cheerleaders to Clients. Keeping in touch with Public Relations Companies or Marketers or TV Agents.
  • Collaborating with other Immigration Attorneys.

Filed Under: Business, Podcast

Part 1: How to Build a Better Business Plan to Support an Immigration Visa (Ep. 30)

November 4, 2014 by Mark Deal Leave a Comment

Mark Deal talks about the first part of crafting a business plan for immigration purposes such as the company summary, product/service descriptions, as well as marketing and sales strategies

 Listen to this show using the web player below or your podcasting app of choice.

 

 


Immigration Buiness PlansIn this episode you will hear:

  • A bit about my MBA background (and how MBAs are best suited to prepare business plans)
  • Why you should NOT HIRE ME
    • If you can only spend money on a business plan or an immigration attorney, use my free tools to write your own plan – invest in solid legal representation.
  • Don’t make declarations that you can’t back up with supporting documents (don’t ASK for the RFE).
  • How to use fluid strategy statements to support your case, but reduce your overall document requirements.
  • Although the Executive Summary usually appears first, work on it last (we will cover this next week)
  • Company Summary
    • Start-Up Summary and Funding Sources
    • Business Start-Up or Expansion Milestones
    • Operational overview (in comparison to an elevator pitch)
      • E-2 & EB-5 Bonus: Cover the background of the source and use of funds
      • L-1A Bonus: Offshore Business Description
      • L-1A Bonus: Executive Job Description(s) with offshore history
  • Products and Services
    • Products and Services Description
    • How many products or services should be presented
  • Marketing Analysis
    • Geographic Summary (i.e. local, Regional National, international)
    • Market Demographics vs Market Segmentation and how to use them both
    • Target Market Strategy
    • SWOT Analysis and how it relates to Competitor Analysis
      • EB-5 Bonus: Why a Competitor Analysis is expected as part of Matter of Ho precedence
  • Sales Strategy
    • Primary Marketing Campaign Strategy as it relates to your Sales Forecast
    • A 5-year sales forecast – your first business plan metric
  • Next week I’ll cover the second part of my general business plan strategies to support business immigration petitions

Dive deeper into topics discussed on this show

  • John Gezelius: Proving the Source of US Investment Funds for Foreign Entrepreneur and Investor Visas
  • Natasha Bell: Special Immigration Concerns for Private Placement Memorandums

Next Actions

  • Listen to the second part of this series 
  • Follow and interact with me on Twitter (or in the comments below)

Filed Under: Business, E-2, EB-5, L-1, Leader, Podcast

Ugo Nwadike: Special Immigration Considerations for Internet Entrepreneurs (Ep. 29)

October 28, 2014 by Mark Deal Leave a Comment

In this episode we talk to immigration attorney Ugo Nwadike about the special immigration considerations for internet entrepreneurs

 Listen to this show using the web player below or your podcasting app of choice.

 

 


Ugo NwadikeUgo Nwadike of Amin & Nwadike, PLLC in Miami, Florida. His firm focuses on immigration with a particular leaning towards the Startup Community and Young Entrepreneurs. He is a Miami native having received his bachelor’s degree in Computer Science at the University of Miami and his law degree from St. Thomas University. Ugo has been practicing law for nearly 6 years practicing Real Estate and Commercial Litigation, but he is brand new to the immigration arena. As a newcomer, he’s excited to conquer the challenges ahead and is open to learning from seasoned practitioners that have overcome those same challenges.

In this episode you will hear:

  • What is an “Internet Entrepreneur”?
  • Special considerations for E-2 visa requirements.
  • Special considerations for L-1A and even L-1B visa requirements.

Parting thoughts:

  • Get started developing your idea and immigration case early.

Filed Under: Business, E-2, L-1, Podcast

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