Immigration Update with Lin Walker

In this episode of our series we are going to talk about the USCIS criterion for an O-1B that requires evidence that the artist “has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence”.

But what does this mean?

What do you need to show to satisfy this criterion?

And why do so many people misunderstand this criterion and get it wrong?

To ask Lin Walker about your particular immigration concerns please contact her here...

[email protected]

One criterion for the O-1B requires evidence that the artist “has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged.

Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements.”

But what does this mean? What do you need to show to satisfy this criterion?

And why do so many people make mistakes in this area?

The USCIS O-1B criterion at 8 CFR §214.2(o)(3)(iv)(B)(4) requires evidence that the artist “has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.”

But what does this mean? What do you need to show to satisfy this criterion?

And why do so many people get it wrong?

To discuss your immigration questions with Lin Walker please reach out to her at...

[email protected]

Today is part three of our six-part deep dive into the O-1B visa.

You can go back to our last two episodes to catch up if you missed them.

This series is about the often convoluted language in the USCIS regulations that gets glossed over and misunderstood, and that that people far too often get wrong.

One of the criterion for the O-1B that, IMHO, causes the most confusion is evidence that the foreign national “has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials.” 8 CFR §214.2(o)(3)(iv)(B)(3)

What’s so difficult about this criterion? Why do so many people get it wrong?

To discuss your business immigration ssituation with Lin Walker reach out to her here...

[email protected]

Part two of our six-part deep dive into the O-1B visa.

The USCIS regulations for the O-1B visa require evidence that the foreign national “has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications.”

What’s so difficult about this criterion? And why do so many people get it wrong? What IS national or international recognition?

To discuss your personal and confidential business immigration issues please contact Lin Walker at [email protected]

For those of you considering viable options to the H-1B cap we will be doing a deep-dive into the O-1B and O-1A criteria over the next couple of weeks.

One of the criterion for the O-1B that causes the most confusion is evidence that the foreign national “has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements.”

What’s so difficult about this criterion? Why do so many people get it wrong?

Takeaways

• Read the regulations and requirements in their entirety to avoid confusion and mistakes.
• Ensure that both past and future performances are listed as lead or starring roles.
• Establish that productions or events have a distinguished reputation.
• Understand the difference between lead and starring roles.
• Provide documentary evidence that satisfies the entirety of the criterion.

Contact Lin Walker to answer your business immigration questions...

[email protected]

There seems to be a disconnect between the USCIS Policy Manual for National Interest Waivers (NIWs) and the real-world.

The Policy Manual states, “USCIS recognizes the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies or other STEM areas important to U.S. competitiveness or national security.

But we found the “Critical and Emerging Technologies List” contained within this document to be unrealistic and extremely problematic.

If you have questions about your business immigration situation contact Lin Walker at...

[email protected]

On January 31st, USCIS published a new fee schedule (89 FR 6194), which will take effect on April 1, 2024, and significantly impact most employment-based petitions.

Most notably, the new fee schedule will add a mandatory Asylum Program Fee to every Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker, filed by for-profit employers. USCIS has published a new fee schedule that will affect most employment-based petitions.

This episode of the podcast will explain what the Asylum Program Fee is, why it is being introduced and the consequences for U.S. employers.

Some topics covered:

• A new asylum fee has been introduced to fund part of the cost of administering the asylum process.
• US employers will be required to pay significantly higher filing fees, potentially costing hundreds or thousands of dollars.
• Employers should file petitions before April 1st, 2024, to avoid the new fees and ensure timely processing.

This week on the podcast we discuss the implementation of a beneficiary-centric selection process for the H-1B cap.

The new process involves selecting registrations by unique beneficiary, as determined by their biometric information.

The episode highlights the important elements of the new rule, including the requirement for a valid passport or travel document and the restriction on multiple registrations for the same beneficiary.

As we explain, why USCIS has implemented this new rule has everything to do with reducing fraud and gaming of the system.

Some takeaways from the episode:

• Each beneficiary must have a valid passport or travel document, and registrations must include the same document that will be used for the H-1B visa or entry into the United States.
• The beneficiary-centric process aims to reduce fraud, misrepresentation, and gaming of the H-1B registration process.
• Employers and foreign nationals should be aware of the upcoming increase in H-1B filing fees.

A poorly written our outdated template can wreak havoc on deadlines and cause problems with green card processes that could cause the client’s green card application being denied, the loss of substantial money, and significant delays in ultimately receiving lawful permanent resident status.

In this episode of the podcast I will give you an example of one such template from USCIS that did just that.