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United States EB-5 Program

Permanent Residence by Investment

Known as the world’s greatest economic power, the United States of America has consistently held a reputation as the land of opportunity. With a highly diverse society and physical environment ranging from tropical beaches to the frigid Arctic, the United States offer the freedom and possibility to prosper and live the American Dream.

The USA EB-5 Program- Permanent Residence by Investment

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The Program is currently the only visa program designed to allow foreign investors to obtain permanent residence (a “Green Card”) in the United States. There are 10,000 EB-5 visas available each Fiscal Year.

Ways of Acquiring Citizenship

Applicants must invest in a regional center to obtain permanent residency.

Applicants must make an investment of USD $900,000 in a regional center designated by the USCIC for at least five (5) years and must establish full-time employment for at least ten (10) qualified U.S. workers directly or indirectly through the enterprise. Under this option the Applicant is not required to actively manage the new enterprise.

Validity of Permanent Residence

Upon approval of the investor’s initial application, the investor can apply for conditional residence in the United States which, once authorized, is valid for two (2) years. After two (2) years, the investor can apply to have the conditions removed and have the conditional residency made permanent, provided that certain conditions of the investment have been met. Upon removal of condition, a full Green Card is granted for indefinite permanent resident status and work permission in the United States.

Benefits of the USA and the EB-5 Program

A direct route to a U.S. Green Card- permanent residence for Applicant and accompanying spouse and children under the age of 21.
Freedom to live, work, study and retire anywhere in the USA.
Eligibility to obtain U.S. citizenship and passport after five (5) years as a resident.
Access to distinguished colleges and universities at a U.S. resident cost.

No active business management required under the regional center program.
No English language requirement.
No prior business experience requirement.
Political and economic stability with one of the highest standards of living in the world.
No requirement to live in area of investment under the regional center program.

Program Requirements

To be eligible to apply, the Principal Applicant must:

Applications will be denied on the following grounds:

Application Processing Time

The procedure for obtaining an EB-5 Investor Green Card is a two-step process.

The first step involves completing a thorough business and financial due diligence analysis of the viability of the proposed EB-5 business project, making the investment into an escrow account and filing a petition with the USCIS to certify that the Applicant and investment are eligible. This step takes, on average, about one (1) year and a few months to complete.

Upon approval of the petition an application is made for the Green Card:

If the investor resides abroad, at the U.S. Embassy or Consulate of the investor’s home country. In this case an interview is necessary and the process takes around 17-24 months.
If the investor resides in the U.S., through USCIS by the adjustment of status process. An interview in this case is customarily not required, and the process takes around 24-26 months.

International Organization Membership

The United States of America is a member of the following international organizations:

Population

328.6 Million

GNI Per Capita

USD$60,200 (2017)

Official Languages

English (Official)

Currency

United States dollar (USD)

Capital

Washington, D.C.

Temperature

Average all year round of 11.5 °C – 21.5 °C

Major Religion

Christianity

Government

Federal Republic

The United Stastes EB-2 Visa

Employment-Based Immigration

Every year, foreign workers are needed by US businesses to fill job vacancies; the United States allows a fixed number of green cards for eligible individuals for this reason.

EB-2 visa is short form for “Employment-Based Green Card for Advanced Degree Professionals.” If you are an executive and your profession is listed in the NAFTA free trade agreement; such as doctors, business managers, and those who have a master’s degree or higher, you are able to gain lawful permanent residence in the US. You can get an immediate three-year work visa as long as you have the appropriate credentials required by the agreement for the profession involved. At Pace Law Firm, our immigration lawyers at Pace Law firm work diligently to lessen long processing times and will be there to assist you through every step of the application process.

EB-2 Visa Requirements

Applicants for the EB-2 Visa are categorized in one of 3 categories based on their skills, background, and knowledge:

EB-2(A): This EB-2 visa is for foreign national professionals with master’s degrees or higher- with a job offer from a U.S. company
EB-2(B): This EB-2 visa is for foreign nationals with exceptional ability in either sciences, business or arts- with a job offer from a U.S. company
EB-2(C): This EB-2 visa is for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest.

Attaining an EB-2 Visa is a three-step process:

Step 1: The employer (who wishes to hire a foreign worker) must file with the US Department of Labor for Permanent Labor Certification using the Program Electronic Management Review System (PERM).

PERM requires the employer to certify that:

A) There is a job opening in a specified professional field that is available to US workers
B) A foreign worker is needed due to lack of applicants
C) The pay for the job is at a prevailing industry rate

The employer must go through a lengthy recruiting process indicating that no qualified American workers are eligible/available to take the stated job position. This process is crucial to the application process as suspicion may arise by the Department of Labor. Hiring a Pace Law Firm immigration lawyer will help prevent long processing times and uncertainty. If all requirements are met, the Department of Labor will issue a PERM form, which is necessary before proceeding to the next step.

Step 2:

After the PERM form is received, the employer wishing to sponsor a foreign worker for an EB-2 green card must complete and file form I-140. Those who already have an EB-2 green card may skip this step.

Step 3:

After submitting the petition, the applicant must wait for his or her EB-2 priority date to be eligible to proceed to the next stage of the application process. The priority date depends on when the application is received.

EB-2 Visa Duration

Attaining an EB-2 Visa is a lengthy process that allows for plenty of room for error/uncertainty. Hiring a Pace Law Immigration lawyer will help ease the daunting documentation process and shorten lengthy processing times by providing ensuring top-notch service and guidance every step of the way.

If you are an applicant who is required to get a PERM Labor Certification, the application duration can vary from eight months to two years if your potential employer is audited after the recruitment process. It is in your best interest to hire one of our Immigration lawyers at Pace Law Firm to avoid an audit, and lessen the total duration of your processing time.

If you wish to speed up your I-140 processing time, you may opt for the premium processing service which shortens your petition processing time from about six months to 15 calendar days for a fee of $1,440.

After your priority date is current, you can submit your I-485, which will take about six months to process.

The total processing time for an EB-2 visa varies ranging from a year and a half to several years depending on the circumstances of each individual case. Contact Pace Law Firm Immigration today to accelerate and facilitate your EB-2 visa process.

The E-2 Treaty Investor Visa

Options For Investors And Executives

The E-2 Treaty Visa allows investors, managers or executives to live and work in the United States.

The E-2 Visa is for investors, managers, or executives going to the United States to run a business. The key to success is to show that the applicant brings either: investment, employment, or innovation. Usually, E Visas are issued for a period of five years. They are renewable in multiple renewal sequences.

Requirements For The E-2 Treaty Investor Program

The investor, either a real or corporate person, must be a national of a treaty country.
The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the U.S.
The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

H-1B Visa

Global talent seeking opportunities in the United States.

Embark on your professional journey in the U.S. with confidence through Pace Immigration’s expert guidance on the H-1B visa. Our tailored approach demystifies the application process, providing you with the clarity and direction needed to bring your career aspirations to life. Join the myriad of professionals who have successfully navigated this path with our dedicated support.

Understanding the H-1B Visa

The H-1B visa serves as a gateway for skilled professionals around the globe to expand their careers within the United States. This specialized visa category is designed for occupations that necessitate a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. Pace Immigration simplifies the complexities of this program to facilitate your smooth transition into the U.S. workforce.

What is an H-1B Visa?

The H-1B Visa Cap: What You Need to Know

Eligibility Criteria for H-1B Applicants

What is an H-1B Visa?

The H-1B Visa Cap: What You Need to Know

Eligibility Criteria for H-1B Applicants

Application Process Simplified

Navigating through the H-1B visa application can be intricate. Pace Immigration streamlines this process, breaking it down into manageable steps to enhance your understanding and preparation.

Initiating Your H-1B Journey: Steps to Apply

Embarking on the H-1B visa journey involves a systematic approach:

Job Offer: Secure a job offer from a U.S. employer willing to sponsor your H-1B visa.
Labor Condition Application (LCA): Your employer must obtain a certified LCA from the Department of Labor, confirming the intent to pay the prevailing wage and ensuring fair working conditions.
Petition Preparation: Assemble the H-1B petition with required forms, documents, and the LCA.
Petition Submission: Submit the petition to USCIS during the designated filing period, usually starting April 1st each year.
Receipt and Approval: If selected in the lottery, USCIS will issue a receipt notice, followed by adjudication of the petition.

Pace Immigration aids in each step, ensuring your application adheres to the regulatory demands and timelines.

Key Documents Checklist for H-1B Filing

Preparation is key to a successful H-1B filing. The following documents are typically required:

Offer letter detailing the terms of employment.
Professional resume.
Copies of academic degrees and transcripts.
Evaluation of foreign degrees, if applicable.
Proof of any professional licenses or qualifications.
Labor Condition Application (LCA) approved by the Department of Labor.
Passport-sized photographs.

Our team ensures your documentation is thorough and tailored to meet the stringent USCIS criteria.

Navigating Through the Lottery System

Due to the high demand for H-1B visas exceeding the annual cap, a lottery system is implemented:

Registration: Employers must first register potential employees in the H-1B registration system.
Selection: USCIS conducts a random selection process from the registered pool.
Notification: Employers are notified of selected candidates to proceed with full H-1B petitions.

Employment and Wage Guidelines

For individuals embarking on their professional journey in the U.S. with an H-1B visa, understanding the employment and wage standards is crucial. Pace Immigration provides an overview of these guidelines, ensuring both employers and employees maintain compliance with federal regulations.

Meeting the Wage Requirements: A Primer

An H-1B visa holder must be compensated at least the minimum required wage, which is determined by one of the following:

Prevailing Wage: This is the average wage paid to similarly employed workers in the same occupation in the area of intended employment.
Actual Wage: This refers to the wage that the employer pays to similarly qualified employees for the same position.

Pace Immigration guides employers in identifying the correct wage level to meet these requirements, considering factors such as geographic location, experience, and job duties.

Employer Obligations: Ensuring Compliance

Employers must adhere to stringent guidelines to remain compliant:

Guaranteed Wage Payment: Employers must pay the promised wage for the regular work schedule, as documented in the H-1B petition, regardless of business operational changes or work demand fluctuations.

Record Keeping: Proper documentation of wage payments and compliance with labor conditions is mandatory.

No Bench Pay Reductions: H-1B workers must be paid the full wage as stated in the H-1B petition, even if they are in non-productive status due to a decision by the employer or based on the employer’s business needs.

Maintaining Legal Status

Ensuring that you maintain legal status in the U.S. is fundamental for H-1B visa holders. Pace Immigration is dedicated to helping you understand and fulfill your obligations to remain compliant with immigration regulations.

Staying Compliant: Your Responsibilities as an H-1B Holder

H-1B visa holders have specific responsibilities to retain their status:

Timely Notification of Changes: You must inform your employer and, if necessary, the U.S. Citizenship and Immigration Services (USCIS) of any significant changes in your employment status or personal circumstances.
Adherence to Visa Terms: Engage only in activities that your H-1B visa authorizes and ensure you do not overstay your period of admission.
Accurate Record Keeping: Maintain records of your employment, including pay stubs and timesheets, which are essential for visa extensions or status changes.

Pace Immigration can provide guidance on these responsibilities, offering peace of mind that you are following the correct procedures.

Visa Extensions and Status Adjustments

Continuing your career or changing your visa status requires careful planning:

Extension Requests: Before your current H-1B status expires, you may be eligible to apply for an extension. There are specific criteria and timelines to follow, which Pace Immigration can help you navigate.
Change of Employer: If changing jobs, your new employer must file an H-1B transfer petition on your behalf before you begin employment.
Adjustment of Status: If seeking to become a lawful permanent resident, you must follow a separate process, which may involve your employer filing an immigrant petition.

Pathway to Permanent Residency

The journey from an H-1B visa to U.S. permanent residency is a path many professionals aim to navigate. Pace Immigration is committed to providing clear and actionable information to ease this complex transition.

From H-1B to Green Card: Understanding the Transition

Transitioning from H-1B status to a green card involves several steps:

Adjustment of Status: This process allows H-1B holders to apply for a green card without having to leave the United States.
Dual Intent: H-1B is a dual intent visa, which means you can apply for a green card while on an H-1B visa.
Employer Sponsorship: Typically, your employer must sponsor your application for permanent residency by filing an immigrant petition on your behalf.

Pace Immigration can assist you in understanding each stage of the transition process, ensuring you have the necessary information and support to move forward confidently.

Employment-Based Green Card: An Overview

There are various employment-based (EB) categories under which you can apply for a green card:

EB-1: For multinational managers, executives, and individuals with extraordinary ability.
EB-2: For professionals holding advanced degrees or persons with exceptional ability.
EB-3: For skilled workers, professionals, and other workers.

For Employers: Sponsoring an H-1B Employee

Sponsoring an employee for an H-1B visa is a significant commitment. Pace Immigration ensures that employers are well-informed and prepared for this undertaking, providing resources and guidance at each step.

Preparing for the H-1B Sponsorship: Employer Checklist

Employer readiness is crucial for a successful H-1B sponsorship. Here’s a checklist to prepare:

Determine Eligibility: Confirm that the position qualifies as a specialty occupation and the candidate meets the educational requirements.
Labor Condition Application (LCA): File an LCA with the Department of Labor, affirming that the employee will be paid prevailing wages and the employment terms won’t adversely affect current employees.
Documentation: Gather corporate documents that verify the legitimacy of your business and the job offer.
Timeline and Fees: Understand the H-1B visa timeline, including when to file and the associated government filing fees.

Pace Immigration can help you organize and verify that all necessary steps are completed efficiently and in compliance with legal requirements.

Understanding Labor Conditions and Wage Obligations

Employers must be diligent in adhering to labor conditions and wage obligations:

Prevailing Wage: Ensure the salary meets or exceeds the prevailing wage for the position in the geographic area.
No Bench Time: Commit to paying the employee for non-productive time caused by work-related reasons.
Workplace Conditions: Maintain a working environment that does not negatively impact the conditions of U.S. workers.

FAQ

A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge, typically requiring at least a bachelor’s degree or its equivalent in a specific field.

Yes, there is an annual cap for H-1B visas set by the U.S. government. Currently, the cap is at 65,000 visas per fiscal year, with an additional 20,000 for individuals who have earned a master’s degree or higher from a U.S. institution.

Yes, H-1B visa holders can apply for permanent residency through employment-based visa categories. The process involves employer sponsorship and can vary in length depending on the individual’s circumstances and country of origin.

The LCA is a document that an employer must file with the U.S. Department of Labor, attesting to the payment of prevailing wages to the H-1B employee and the maintenance of working conditions that will not adversely affect the conditions of similarly employed U.S. workers.

The process can vary, but typically it includes preparation time for the LCA, petition filing with USCIS, and waiting for the lottery selection if the cap is reached. Premium processing is available for faster adjudication.

Employers must pay H-1B workers the higher of the prevailing wage or the actual wage paid to other employees with similar positions and qualifications. The wage must be guaranteed and cannot be less than what is required by the LCA and the H-1B regulations.

H-2A Visa

Efficient guidance for U.S. temporary agricultural employment.

The H-2A Visa Program is a critical pathway for agricultural employers in the United States to address labor shortages. Through this program, employers can legally employ foreign nationals for temporary and seasonal agricultural work, ensuring that crops are harvested, and farms are maintained even when domestic workers are not available to fill these roles.

What is the H-2A Visa Program?

The H-2A program allows U.S. farmers to bring foreign nationals to the country to fill temporary agricultural jobs. It is designed to strike a balance between the needs of farmers for a reliable workforce and the protection of domestic labor markets. The program requires employers to engage in domestic recruitment efforts and offer fair wage rates, along with providing working and living conditions that comply with regulations.

Importance for American Agriculture

Agriculture is a cornerstone of the American economy, and the sector’s success relies heavily on the availability of a competent workforce. Seasonal peaks and the transient nature of agricultural work can create labor shortages that threaten crop yields and farm operations. The H-2A Visa Program plays a vital role in filling this gap, allowing for a consistent flow of labor to areas where it is most needed, ensuring that the American agricultural industry remains productive and competitive on a global scale.

Getting Started with H-2A

Embarking on the H-2A visa application process may seem daunting, but with the right guidance and preparation, it can be a smooth journey towards securing the agricultural workforce you need. Here’s how to initiate the process, prepare your application, and estimate the financial considerations involved.

H-2A Visa Application Basics

Before diving into the application, it’s essential to understand the fundamentals. The H-2A program permits agricultural employers to bring foreign workers to the U.S. for temporary or seasonal work. This process involves several steps, from domestic labor certification to visa issuance, and requires compliance with labor laws and immigration regulations. Familiarize yourself with the timeline, the paperwork involved, and the legal responsibilities as an H-2A employer.

Creating Your H-2A Application Checklist

Organization is key to a successful application. Create a personalized checklist that aligns with your hiring needs to keep track of all the necessary steps and documents. This should include filing a job order with your State Workforce Agency, applying for labor certification, and petitioning for H-2A workers with U.S. Citizenship and Immigration Services. Each of these steps comes with its own set of requirements and deadlines that must be met to avoid delays.

Estimating the Costs of H-2A Workers

Cost management is an integral part of the H-2A process. It’s important to budget for the recruitment, travel, and housing expenses of your H-2A workers, along with their wages and any applicable taxes. Remember, as an employer, you’re also responsible for certain costs that cannot be passed on to the workers. These may include visa application fees, transportation from the workers’ home country, and their subsistence costs until they receive their first paycheck. By estimating these expenses upfront, you can manage your finances more effectively and ensure the process remains cost-efficient for your operation.

Understanding H-2A Eligibility and Requirements

The H-2A program has specific eligibility criteria and requirements that must be met to participate. Understanding these will ensure that your application process is compliant with U.S. immigration and labor laws, and will help prevent any potential legal challenges or delays.

Eligibility Criteria for Employers

Seasonal and Temporary Work Definitions

Domestic Recruitment Compliance

Eligibility Criteria for Employers

Seasonal and Temporary Work Definitions

Domestic Recruitment Compliance

Extending H-2A Contracts

To maintain a consistent workforce, you may find the need to extend the employment of your H-2A workers. Understanding the proper procedures to extend their contracts is critical to ensure continuous legal status for your workers and compliance with immigration regulations.

Short-term Extension Procedures

Long-term Extension Procedures

Short-term Extension Procedures

Long-term Extension Procedures

Legal Obligations and Protections

Navigating through the H-2A Visa Program requires a thorough understanding of both the legal obligations of the employer and the protections afforded to the workers. This balance is crucial in fostering a fair and lawful work environment.

Document Handling and Worker Rights

Employers are entrusted with ensuring that the personal and immigration documents of their workers are treated with the utmost respect and privacy:

Safekeeping of Documents: Workers’ passports and other immigration documents must never be held or confiscated by the employer.
Freedom of Movement: Workers should have unhindered access to their personal documents at all times.

Strike and Labor Dispute Policies

Labor relations must be managed carefully to comply with H-2A regulations:

Worksite Stability: Employers must certify that there is no ongoing strike, work stoppage, or lockout in the course of a labor dispute.
Transparency and Honesty: Employers must disclose any recent or anticipated labor disputes that could affect the H-2A workers.

Anti-discrimination and Retaliation Protections

The H-2A program strongly enforces policies that safeguard workers from unfair labor practices:

Equal Treatment: Employers cannot discriminate against workers on any unlawful basis, including nationality or participation in protected activities.
Protection for Whistleblowers: Workers who exercise their rights under section 218 of the INA, file complaints, consult with legal aid, or testify in any proceedings are protected from discharge or discrimination.
Job Security: The rules protect workers who are employed under the program from being unjustly fired, ensuring job stability for those who stand up for their rights or the rights of others.

FAQ

The H-2A Visa Program is designed to support U.S. agricultural employers by allowing them to hire foreign workers for temporary or seasonal farm work. This ensures that agricultural operations continue smoothly during peak seasons when there may not be enough domestic workers available.

Agricultural employers who expect a shortage of U.S. workers to perform labor or services of a temporary or seasonal nature may apply. Employers must prove that there are not enough domestic workers who are able, willing, qualified, and available to do the temporary work.

Employers must provide H-2A workers with housing that is either free or at a cost that does not exceed the amount allowed by the program. The housing must meet the applicable safety and health standards.

Employers can make deductions for certain costs, such as transportation and daily subsistence, but must reimburse these costs once 50% of the contract period has been completed. Employers cannot deduct costs associated with the recruitment or H-2A labor certification process.

H-2A visas are granted for the duration of the employer’s labor certification, up to a maximum of one year. However, extensions may be possible for up to two additional years.

Yes, employers must engage in domestic recruitment efforts and offer the job to any qualified U.S. worker who applies until 50% of the work contract period has elapsed. Additionally, the wages and working conditions of domestic workers must not be adversely affected by the employment of H-2A workers.

H-2B Visa

Temporary Nonagricultural Employment

The H-2B visa program plays a vital role in the United States economy by allowing businesses to address temporary labor shortages in nonagricultural sectors. This program is designed for employers who need to hire foreign nationals for temporary jobs when qualified American workers are unavailable.

Purpose and Scope of the H-2B Visa

The H-2B visa is instrumental for employers who face intermittent or seasonal demands, have a peak-load need, or require additional workers for a one-time occurrence. It provides a legal and systematic channel to recruit foreign nationals for a limited period, thus ensuring that the domestic labor market is not adversely affected. The H-2B visa bridges the gap in industries where the demand for labor surpasses the supply of available American workers.

Types of Temporary Nonagricultural Jobs Covered

The scope of the H-2B program is broad, covering various industries such as hospitality, construction, landscaping, seafood processing, and many others that require temporary increases in workforce. Jobs that are typically seasonal — like lifeguarding at beaches or ski instructors at resorts — fall within this program’s domain, as do roles that are tied to a specific one-time project, such as a large construction project. Peakload needs, such as additional staff during a holiday season for hotels or retail stores, are also eligible under the H-2B umbrella.

Eligibility Criteria for the H-2B Program

The H-2B program is meticulously regulated to balance the needs of U.S. employers with the protection of the U.S. labor market. To participate, employers and foreign workers must satisfy specific criteria to ensure the program’s integrity and fairness.

Requirements for Employers

Qualifications for Foreign Workers

Requirements for Employers

Qualifications for Foreign Workers

Understanding the H-2B Cap

The H-2B visa program operates with a strict annual limit on the number of foreign workers permitted to enter the United States, known as the “cap.” This numerical limitation and its allocation periods are crucial for employers planning to hire foreign temporary workers.

Annual Limit and Allocation Periods

The current annual cap for the H-2B program is set at 66,000 visas per fiscal year. This total is divided evenly between two parts of the year to ensure a steady flow of labor:

First Half of the Fiscal Year: 33,000 visas are available for jobs beginning from October 1 through March 31.
Second Half of the Fiscal Year: Another set of 33,000 visas are designated for jobs commencing from April 1 through September 30.

If the cap is not met for the first half of the fiscal year, the unused visas are rolled over into the second half, allowing for flexibility. However, it’s important to note that any unclaimed visas do not carry over to the next fiscal year.

Cap Exemptions and Eligibilities

There are circumstances where certain workers may be exempt from the H-2B cap, thus not counting towards the annual limit. These exemptions include:

Current H-2B Workers in the U.S.: Workers extending their stay, changing the terms of their employment, or changing or adding employers.
Fish Roes Processors: Workers performing labor in the fish roe processing industry, and associated industries, may be exempt.
Return Workers: In some cases, workers who have previously been counted against the cap in certain fiscal years may be eligible to return without being counted against the cap again.

Employers should carefully review the cap count regularly, as it can change quickly, and ensure that they understand the exemptions to effectively plan for their labor needs.

Wages and Working Conditions

Ensuring fair wages and safe working conditions are fundamental components of the H-2B visa program. Both elements are strictly regulated to protect H-2B workers and uphold the integrity of the labor market for U.S. workers.

Wage Requirements Under the H-2B Program

Employers are obligated to pay H-2B workers a wage that is no less than the highest of the following:

Prevailing Wage: The average wage paid to similarly employed workers in a specific occupation in the area of intended employment.
Federal Minimum Wage: The minimum wage established by the Fair Labor Standards Act.
State Minimum Wage: Any state-provided wage standard that might exceed the federal minimum.
Local Minimum Wage: Local wage ordinances that could dictate higher wages.

This wage must be paid for the entire duration of the approved H-2B labor certification. The purpose of these requirements is to ensure that the employment of H-2B workers does not adversely affect the wages of U.S. workers in comparable positions.

Worker Protections and Employer Obligations

Employer obligations under the H-2B program extend beyond just wage requirements:

Safe Working Conditions: Employers must provide working conditions that meet applicable federal and state safety standards.
Worker’s Rights Information: Employers must inform H-2B workers of their rights, including their right to a fair wage, as well as their right to a safe working environment.
No Retaliation: Employers cannot retaliate against workers for performing activities protected under the program, such as reporting violations or cooperating with an investigation.

Compliance with these provisions is monitored and enforced by the Department of Labor, ensuring that foreign workers receive equitable treatment and that their presence does not undermine the labor standards enjoyed by American workers.

Period of Stay on H-2B Visa

Navigating the timeline of an H-2B visa is crucial for both employers and foreign workers to ensure compliance with U.S. immigration laws and to maintain continuous lawful employment status.

Initial Admission and Visa Validity

Extension Procedures and Limitations

Initial Admission and Visa Validity

Extension Procedures and Limitations

Rights and Responsibilities

The H-2B visa program delineates specific rights for workers and sets forth clear responsibilities for employers, ensuring the program operates fairly and effectively for all parties involved.

Legal Rights of H-2B Workers

H-2B workers are entitled to the same protections under U.S. labor laws as American workers, which include:

Fair Wages: They must be paid the prevailing wage or higher, as determined by the job location and classification.
Safe Working Conditions: Employers must provide a safe workplace, adhering to all occupational safety standards.
Worker Advocacy: H-2B workers have the right to petition and report abuse without fear of retaliation.
Benefit from Legal Representation: They may seek counsel and are entitled to due process in legal disputes.

Employer Compliance and Penalties

Employers are obliged to adhere to the conditions set forth by the H-2B program:

Labor Certification: Must maintain compliance with the Department of Labor’s requirements for temporary labor certification.
Record-Keeping: Are required to keep detailed records of H-2B workers’ employment, including wages, work hours, and conditions.
Non-Discrimination: They must not discriminate against employees based on nationality or any other protected characteristic.
Penalties for Non-Compliance: Failure to meet these responsibilities can result in penalties, including fines, barred participation in the H-2B program, and legal sanctions.

FAQ

Yes, employers have the right to appeal a denied labor certification. The Department of Labor provides a process for filing an appeal, and employers must follow the specific procedural steps outlined for the reconsideration.

The prevailing wage is determined based on the job duties and requirements in the area of intended employment, taking into account data such as the Bureau of Labor Statistics wage surveys and other legitimate sources of wage information.

Employers are required to notify USCIS immediately if an H-2B worker absconds from the job, is terminated, or is not showing up to work for a significant period. Employers may also be required to pay for the reasonable cost of return transportation if the worker is dismissed early.

Yes, employers must maintain records pertaining to the employment of H-2B workers, including proof of wages paid and hours worked, for a period of three years from the date of the certification.

While not mandatory, if employers choose to provide housing, it must meet federal, state, and local standards. Employers often provide or arrange transportation to and from the worker’s home country, and some situations require the employer to bear such costs.

H-2B visas are strictly for temporary employment. If an employer’s need becomes permanent, they must pursue different visa categories, such as H-1B or PERM Labor Certification, for permanent employment of foreign workers.

TN NAFTA Professionals

Options Through NAFTA

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico.

What is a NAFTA Professional (TN) Visa

If you are an executive or professional and your profession is listed in the NAFTA free trade agreement, so long as you have the credentials required by the agreement for the profession involved, you can get an immediate three year (renewable indefinitely in one year increments) work visa. Keep in mind that the requirements for these visas are pretty much the same whether you are headed to the United States or Canada so what is written about American TN visas also applies for Canada and Mexico.

What are the requirements for a TN Visa?

The key to the TN Visa is a job offer from an employer seeking to hire you in a relevant occupation as specified by the U.S. State Department and an originally signed letter to that effect. An applicant must be a citizen of Canada or Mexico, must have the qualifications for their profession, and has to pass an FBI background check. Finally, you must provide a copy of your degree or other credentials satisfying the NAFTA requirements, and pay the relevant fee.

In order to apply for a TN Visa, individuals must be able to show intent to return. The US State Department has specified 63 specific positions that require this visa type.

TN Visa duration

Current laws and regulations stipulate that you can live and work in U.S. for three years on a TN visa, but immigration officials actually determine the period that your TN visa is valid based on many factors such as if you have a spouse or children, will they be staying with you, etc.

Eligible Occupations

The following occupations are eligible for the TN Visa. Criteria such as education level are a factor. A job offer is mandatory and self-employment does not apply. Contact us for details on securing a TN Visa, or hiring an employee through the TN visa process.

Accountant
Architect
Computer Systems Analyst
Disaster Relief Insurance Claims
Adjuster
Economist
Engineer
Forester
Graphic Designer
Hotel Manager
Industrial Designer
Land Surveyor Landscape Architect
Lawyer
Librarian
Management Consultant
Mathematician/Statistician
Range Manager/Range Conservationist
Research Assistant
Scientific Technician/Scientific Technologist
Social Worker
Silviculturist
Technical Publications Writer
Urban Planner
Vocational Counselor
Dentist
Dietician
Medical Laboratory Technologist/Medical Technologist
Nutritionist
Occupational Therapist
Pharmacist
Physician (Teaching/Research only!)
Physiotherapist/Physical Therapist
Psychologist
Recreational Therapist
Registered Nurse
Veterinarian
Agriculturalist
Animal Breeder
Animal Scientist
Apiculturist
Astronomer
Biochemist
Biologist
Chemist
Dairy Scientist
Entomologist
Epidemiologist
Geneticist
Geochemist
Geologist
Geophysicist
Horticulturist
Meteorologist
Pharmacologist
Physicist
Plant Breeder
Poultry Scientist
Soil Scientist
Zoologist
Teaching Professions: College, Seminary, University

Study In The U.S.

Get World Class Education In the United States

The U.S. remains at the forefront of global education, boasting a rich array of esteemed institutions, research opportunities, and a diverse learning environment. Whether you’re aiming for world-class undergraduate studies, seeking specialized graduate programs, or desiring to conduct advanced research, the U.S. offers unmatched possibilities. Beyond academics, studying in the U.S. equips students with a global perspective, cultural exposure, and essential life skills that are highly regarded worldwide.

U.S. Student Visa Overview

When planning to study in the U.S., it’s crucial to understand the types of student visas available. The most common are:

F Visas: Primarily for students attending universities, high schools, private elementary schools, seminaries, conservatories, or other academic institutions, including language training programs.
M Visas: Designed for students enrolled at vocational or other recognized non-academic institutions, excluding language training programs.

Each visa type comes with its own set of requirements, but generally, eligibility hinges on being enrolled at an approved school and demonstrating the intent to return home after your studies. There are also specific restrictions pertaining to how and when you can work, both during your studies and afterward.

Kickstarting Your Visa Journey with Pace Immigration

Embarking on your U.S. study adventure involves a structured process, and with Pace Immigration by your side, it’s a smoother ride:

SEVP Approved Schools: Before applying for a visa, ensure you’re enrolled at a school certified by the Student and Exchange Visitor Program (SEVP). This certification indicates that the institution meets specific criteria set by the U.S. government.
SEVIS Registration: Upon acceptance at an SEVP-approved school, you’ll be registered in the Student and Exchange Visitor Information System (SEVIS). Subsequently, you’ll receive a Form I-20, which will be a foundational document for your visa application.
Visa Application Process: With your Form I-20 in hand, you can proceed to complete the DS-160 form, pay the visa application fee, and schedule your visa interview. This journey can seem daunting, but with our guidance, you’ll be well-prepared and informed every step of the way.

Preparation for the Visa Interview

The visa interview is a pivotal moment in your journey to studying in the U.S. Being well-prepared can significantly boost your chances of a favorable outcome.

Key Documents: Ensure you have the following

Pace Immigration's Tips for Success

Key Documents: Ensure you have the following

Pace Immigration's Tips for Success

After the Interview: Next Steps

Once the interview concludes, the consular officer will inform you whether your visa application is approved, denied, or requires further processing. If approved, your visa will be sent to you, and you can then make your travel plans.

Before entering the U.S., ensure:

You don’t arrive more than 30 days before your program starts.
You have your Form I-20 and your visa with you.
Upon arrival, you’ll undergo inspection by Customs and Border Protection officers. Cooperate and provide accurate information to ensure a smooth process.

Maintaining Your Status & Potential Extensions

While studying in the U.S., it’s paramount to maintain your student status. This involves:

Ensuring regular attendance and meeting academic requirements.
Not working without authorization.
Keeping your passport valid.
Reporting any change in address or course of study.

If you wish to extend your stay or change your educational level/category, you must apply with the U.S. Citizenship and Immigration Services (USCIS) and get approval.

The importance of understanding and adhering to U.S. regulations cannot be understated. We’re here to guide you, ensuring you remain compliant while pursuing your academic dreams.

Family Sponsorship In The U.S.

Sponsor Your Family

Family sponsorship immigration stands as one of the primary pathways for individuals seeking to build a life in the United States. Rooted in the principle of family reunification, this method allows U.S. citizens and lawful permanent residents (LPRs) to petition for certain family members to receive immigrant visas, eventually leading them to become green card holders.

Brief Overview of Family Sponsorship Immigration

The U.S. immigration system firmly believes in the reunification of families. The family sponsorship immigration route is designed to facilitate this reunification by allowing eligible sponsors to file petitions on behalf of their qualifying relatives. This not only bridges the geographical distance between families but also provides beneficiaries an opportunity to live, work, and thrive in the United States.

Purpose and Benefits

The primary purpose of family sponsorship is to uphold the sanctity and importance of the family unit in society. The benefits of this process are manifold:

Reunification: It enables families separated by borders to come together and live in the U.S.
Economic Growth: Sponsored family members can contribute to the U.S. economy through work, investments, and other means.
Social and Cultural Enrichment: The influx of diverse family members adds to the rich tapestry of American culture, bringing in unique traditions and perspectives.

Eligibility Criteria

Understanding eligibility is crucial in the family sponsorship process. Not every family relationship qualifies for sponsorship, and not everyone residing in the U.S. can be a sponsor.

Who Can Sponsor?

To be a sponsor, one must:

Be a U.S. citizen or a lawful permanent resident (LPR).
Be at least 21 years old to sponsor a spouse or minor child. However, to sponsor other family members, different age criteria might apply.
Have a domicile (residence) in the United States or territories/possessions.

Who Can Be Sponsored?

Eligible beneficiaries vary based on the status of the sponsor. U.S. citizens can sponsor a wider range of family members compared to LPRs. Some of the qualifying relatives include:

Spouses, children (minor and adult, both married and unmarried), and parents (if the sponsor is 21 years or older).
Siblings (provided the sponsor is at least 21 years old).

LPRs, on the other hand, have a more restricted list, primarily limited to their spouses and unmarried children.

Overview of Form I-130: Petition for Alien Relative

The I-130 form serves as the starting point for family sponsorship. This form, submitted by the U.S. sponsor, seeks to establish the qualifying relationship between the sponsor and the beneficiary. Approval of this form doesn’t grant an immigrant visa immediately but sets the stage for further processing.

Required Documentation and Evidence

A successful I-130 petition is contingent on furnishing the right documents:

Proof of Sponsor’s Status: This could be a U.S. passport, birth certificate, naturalization certificate, or green card.
Proof of Relationship: Depending on the nature of the relationship, this could range from marriage certificates for spouses to birth certificates for children or siblings.
Photographs: Passport-style photos of both the sponsor and the beneficiary.
Fees: Submission of the appropriate filing fee.

It’s imperative to note that additional documentation might be needed depending on the specifics of each case, and thoroughness in this step can prevent potential delays or issues down the road.

Immediate Relatives vs. Family Preference Categories

Immediate Relatives

Family Preference Categories

Immediate Relatives

Family Preference Categories

Visa Bulletin: Understanding the Wait Time

The U.S. Department of State’s Visa Bulletin is a crucial resource for those awaiting family-sponsored visas. It provides monthly updates on visa availability based on preference categories and the applicant’s country of origin. By comparing one’s priority date (the date USCIS receives the I-130 petition) with the dates listed in the Visa Bulletin, applicants can gauge their wait time.

Benefits of Permanent Residency

Residency: LPRs can live and work anywhere in the U.S.
Protection: They are protected by all laws of the U.S., their states of residence, and local jurisdictions.
Path to Citizenship: After meeting certain requirements, LPRs can apply for U.S. citizenship.

Responsibilities and Maintaining Status

Tax Obligations: LPRs must file income tax returns and report their income to the U.S. Internal Revenue Service (IRS).
Selective Service: Male LPRs between the ages of 18 and 25 must register with the Selective Service.
Maintaining Residency: LPRs must not abandon their U.S. residence. Long absences from the U.S. might jeopardize their status.

Empowering LGBTQ+ Family Unity

We believe love transcends boundaries and every family deserves equal opportunities. Recognizing the unique challenges LGBTQ+ families may face, we are committed to offering tailored support for U.S. family sponsorship. Our team promotes equality and acceptance, ensuring that regardless of sexual orientation or gender identity, family reunification dreams become reality. Celebrate love and family with us, in all its wonderful forms.

Moving Forward with Pace Immigration

Family sponsorship immigration offers a profound opportunity for families to reunite and build a future together in the U.S. While the process may seem daunting, it’s structured to ensure the integrity and value of family ties. With due diligence, patience, and the right resources, the dream of family reunification is achievable. By partnering with Pace Immigration, you’re not just seeking legal assistance; you’re embarking on a journey with a dedicated team that understands the significance of bringing families together. Every step you take is guided, and every challenge faced is addressed with expertise and compassion. Here’s to a brighter future with your loved ones by your side!

Visa Waiver Program

Visit Without A Visa

Visit The United States visa free for up to 90 days with the U.S. Visa Waiver Program (VWP).

The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all requirements explained below. If you prefer to have a visa in your passport, you may still apply for a visitor (B) visa.

Must Be a Citizen or National of a VWP Designated Country

You must be a citizen or national of the following countries to be eligible to travel to the United States under the VWP.

Andorra
Australia
Austria
Belgium
Brunei
Chile
Croatia
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Japan
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Monaco
Netherlands
New Zealand
Norway
Poland
Portugal
San Marino
Singapore
Slovakia
Slovenia
South Korea
Spain
Sweden
Switzerland
Taiwan*
United Kingdom**

**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

Each Traveler Must Have a Valid ESTA

In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is a web-based system operated by U.S. Customs and Border Protection (CBP) to determine eligibility to travel under the VWP to the United States for tourism or business. Visit the ESTA webpage on the CBP website for more information.

See the US State Department website for more information on the visa waiver program.

Intra-Company Transfer

Relocating Staff Between Canada and The United States

Intra-company transfers represent a unique opportunity for businesses to move their valuable employees between international branches, subsidiaries, or affiliate offices. These transfers foster knowledge sharing, enhance global business operations, and streamline project executions. Pace Immigration is here to guide both employers and employees through this intricate process.

Intra-Company Transfers: Canada to the U.S. and U.S. to Canada

For professionals transferring from Canada to the U.S., the Canada-United States-Mexico Agreement (CUSMA) is instrumental. It caters to individuals in managerial, executive, or specialized roles with at least a year of recent service. The L-1 Visa, which differentiates between managerial roles (L-1A) and specialized knowledge roles (L-1B), is central to this. While existing entities get a three-year visa, newer ones receive one year, with extension options.

Conversely, for transfers from the U.S. to Canada, Canada’s intra-company program offers temporary work permits, a potential pathway to permanent residency. Eligibility is defined for Executives, Senior Managers, or those with ‘specialized knowledge’. This program sidesteps the Labour Market Impact Assessment (LMIA), speeding up transfers. Additionally, professionals can bring families, with spouses or common-law partners eligible for open work permits.

From Canada to the United States: Intra-Company Transfers

From the United States to Canada: Intra-Company Transfers

From Canada to the United States: Intra-Company Transfers

From the United States to Canada: Intra-Company Transfers

Inadmissibility to The United States

Overcome Your Inadmissibility Issues in The U.S.

Do you have a criminal record? Have you been ordered to leave the U.S. or have been turned away at the border?

Understanding Inadmissibility to the U.S.

Navigating the immigration landscape of the United States is intricate, and a crucial aspect to comprehend is inadmissibility. Being deemed inadmissible means an individual is barred from entering or obtaining legal status in the U.S., regardless of other merits in their application. This status can be a result of various factors, and its implications can be long-lasting, affecting future travel and immigration endeavors.

The United States has established multiple grounds of inadmissibility to safeguard its borders and ensure the integrity of its immigration system. Some of the most prevalent reasons include:

Criminal Activities: Past convictions, even for seemingly minor offenses in other countries, can lead to inadmissibility. This includes crimes of moral turpitude, drug offenses, or involvement in activities that threaten the U.S.’s national security.
Health Concerns: Certain communicable diseases, failure to show proof of required vaccinations, or a diagnosis that might pose a threat to public safety can render someone inadmissible.
Previous Immigration Violations: Overstaying a visa, being previously removed or deported, or fraudulent activities related to U.S. immigration can have serious repercussions, leading to inadmissibility for various durations, and in some cases, permanently.

Understanding the specifics of each ground and its implications is vital for those seeking entry or residency in the U.S. It’s essential to be proactive, well-informed, and prepared to address any potential issues head-on.

Facing inadmissibility doesn’t always mean a closed door to the U.S. There are provisions within the U.S. immigration system allowing for waivers that can effectively “forgive” certain inadmissibility grounds. These waivers are discretionary, and obtaining one requires a detailed understanding of the requirements, the submission of substantial evidence, and, in many cases, demonstrating that a U.S. citizen or lawful permanent resident family member would face extreme hardship without the waiver’s approval. It’s a complex process, but a waiver can pave the way for a successful immigration journey.

Previous removals or deportations from the United States carry heavy weight. Individuals who have been previously removed face mandatory bars to returning, ranging from a few years to permanent bans, depending on the circumstances of the removal. It’s crucial to understand the duration and terms of these bans, as unauthorized re-entry after removal can result in severe consequences, including extended bans or criminal charges. However, under specific circumstances and with the right legal guidance, there may be avenues to reapply for admission after a removal.

Time is of the essence when dealing with inadmissibility matters. The U.S. immigration system is structured with strict timelines and deadlines. Acting promptly not only preserves one’s legal options but can also prevent potential escalations. Delayed responses or missed deadlines can complicate matters, leading to prolonged inadmissibility periods or even permanent bans. Engaging in proactive legal action, armed with accurate information and the right strategy, is pivotal in managing and potentially overcoming inadmissibility challenges.

Every inadmissibility case is unique, shaped by individual circumstances, histories, and goals. It’s crucial to navigate these waters with precision, care, and expert knowledge. At Pace Immigration, our seasoned attorneys are committed to understanding your situation and providing tailored advice and solutions. We encourage you to reach out, share your concerns, and let us guide you towards a future where the dream of living, working, or uniting with family in the U.S. becomes a reality. Don’t let inadmissibility stand in your way. Let us help you find the way forward.

The Crimmigration Factor

The convergence of criminal law and immigration law, termed “crimmigration,” has intensified the implications of criminal convictions on immigration matters. In the realm of U.S. immigration, a minor criminal offense can have magnified consequences, potentially leading to inadmissibility or even removal from the country. The melding of these two previously distinct areas of law means that even charges that are dismissed, reduced, or seem inconsequential in the criminal justice system can have outsized implications for immigration status. It’s vital to understand the crimmigration landscape and its nuances when addressing inadmissibility issues based on criminal grounds.

Navigating the crimmigration maze requires specialized expertise, as strategies effective in the criminal context might be detrimental in the immigration arena. For those concerned about the crimmigration implications of past or present criminal proceedings, it’s crucial to consult with an attorney well-versed in both domains. At Pace Immigration, we understand the unique challenges presented by crimmigration issues and are prepared to guide our clients through this complex intersection to safeguard their immigration aspirations.

Meet Our People

Al Pace

Founder & Chairman

Vince Lalonde

Associate Director, Immigration

Marwa Badra

Associate Director, Immigration, RCIC

Andy Semotiuk

Lawyer

Rachel Eta Brown

Lawyer

Klaudios Mustakas

Senior Advisor, RCIC

Michael O'Rourke

Lawyer, Director LATAM

Anna Aazam

Lawyer

Polina Elizarova

Lawyer, Manager

Jennifer Farquharson

Lawyer, Associate Director LATAM

U.S. Bound: A Clear Path Forward

Navigating the intricate U.S. immigration system is a monumental task, but you don’t have to face it alone. Whether you’re driven by business, family ties, or the pursuit of new beginnings, our dedicated team of experienced immigration Lawyers at Pace Immigration stands ready to assist. From visa applications to naturalization processes, our commitment to detail and vast expertise has established a robust track record of success. Trust in our expertise and bring your American dream one step closer to fruition.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

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Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

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