1. Summary: The United States has entered into free trade agreements (FTAs) with Singapore and Chile which took effect California litigation attorneyson January 1, 2004. Both FTAs contain provisions that will allow the temporary entry of businesspersons into the territory of the trading partners to facilitate meaningful trade. In addition to providing temporary entry for aliens who qualify under existing business visa categories and their dependents (visitors for business (B- 1), traders California divorce informationand investors (E-1/E-2), and intra-company transferees (L-1), both FTAs create a new category of nonimmigrant professional, H-1B1. H-1B1 nonimmigrant professionals from Chile and Singapore will be subject to the requirements contained in the Temporary Entry Provisions of the FTAs. Specifics of these requirements are set forth in the revised FAM notes provided in this cable. End summary.US immigration services2.Requirements for H-1B1: Effective January 1, 2004, nationals of Chile or Singapore may apply at consular sections around the world for a nonimmigrant professional H-1B1 visa. To qualify,California immigration lawyers and attorneys professions must meet the definition of "specialty occupation" set forth in the respective FTA or submit proof of alternative credentials as set forth in the respective FTA. The applicant must also submit a job offer letter from the employer, proof of labor attestation (certified ETA 9035 or 9035E), proof of payment of any special fee, if applicable and pay the MRV fee. [Currently no special fee is required]. [Note: Aliens already in the United States as nonimmigrants may apply to DHS for a change of nonimmigrant status to H-1B1 pursuant to INA 248. Such an alien who departs the United States would need an H-1B1 visa to seek readmission as an H-1B1.]
3. Numerical limitations: The FTAs Business lawyers in southern california allow for no more than 1,400 professionals from Chile and 5,400 professionals from Singapore to enter the United States annually. The numerical limitations for the FTAs are set aside within the overall H-1B Program cap.
4. No petition required: The employer of an H-1B1 professional is not required to submit a petition to the Department of Homeland Security as a prerequisite for classification or visa issuance. The applicant is required to submit evidence of eligibility for H-1B1 classification directly to the consular officer at the time of visa application.
5. As in the H-1B program, employers of H-1B1 professionals must file a Labor Attestation, using ETA Form 9035 or ETA Form 9035E, Labor Condition Application (LCA), clearly annotated by the employer San Diego accident lawyers as "H-1B1 Chile" or "H-1B1 Singapore," with the Department of Labor (DOL). DOL is required to certify to the Department that the LCA has been filed with DOL. Once certified by DOL, the LCA is sent to the employer. A copy of the Labor Condition Application, signed by both DOL and the employer, will be given to the employee with the job offer letter. [NOTE: The validity of the visa should not exceed the validity period of the LCA at the time of application. Most LCA's will have a minimum period of validity of 18 months. The o San Diego immigration lawyers and attorneysverall validity period of the LCA is still under discussion among the agencies. But nonetheless, the visa validity period is limited to that of the underlying of the LCA.]
6. Temporary entry: Both FTAs provide for the temporary entry of nonimmigrant professionals, which is defined as "..an entry into the United States without the intent to establish permanent residence." The Department's regulation pertaining to NAFTA [22 CFR 41.59(C)] expands this definition and should be referred to for guidance in connection with the H-1B1 professional.
7. The following notes will be incorporated into 9 FAM at 41.53:
9 FAM 41.53 N27 Free Trade Agreement Nonimmigrant Professionals
9 FAM 41.53 N27 Background.
A. The President signed free trade agreements (FTAs) with Chile and Singapore
on September 3, 2003. The FTAs with Chile and Singapore were authorized by
Congress in P.L. 108-77 and P.L. 108-78 respectively. Both agreements became
effective on January 1, 2004.
Orange County
immigration lawyers and attorneys
B. The FTAs with Chile and Singapore include immigration provisions that allow for the temporary entry of business persons into the territory of the trading partners in order to facilitate free trade opportunities. The temporary entry of nonimmigrant business persons is provided for in Chapter 14 of the U.S.-Chile Agreement and in Chapter 11 of the U.S.-Singapore Agreement. The temporary entry chapters in both agreements establish four categories of nonimmigrant entry for business purposes. Three of the categories, business visitors, traders/investors, and intra-company transferees, qualify for visas under the existing B-1, E-1/E-2 and L-1 visa categories. The FTAs establish a new fourth category of temporary entry for nonimmigrant professionals, the H-1B1 category. Dependent spouses and children accompanying or following to join are also eligible for temporary entry.
9 FAM 41.53 N28 H-1B1 Requirements
9 FAM 41.53 N28.1 H-1B1 applications subject to numerical limitations
A. Annual numerical limits are set for aliens who may obtain H-1B1 visas. 1,400 professionals from Chile and 5,400 professionals from Singapore are allowed to enter the U.S. annually. These numerical limits fall within and will be registered against the existing annual numerical limit (currently 65,000) for H-1B aliens. Only principals are counted against each country's respective numerical limitation. Initial applications for H-1B1 classification, as well as the sixth and all subsequent extensions of stay, are counted against the H-1B1 annual numerical limitations.
B. At the end of each fiscal year, unused H-1B1 numbers will be returned to that year's global numerical limit and will be made available to H-1B aliens during the first 45 days of the new fiscal year.
C. DHS is required to maintain the numerical limits for the H-1B1 category. To assist DHS in meeting this responsibility, consular officers will be required to report to the Directorate for Visa Services at designated intervals the number of visas issued to first-time H-1B1 visa applicants. (Reporting procedures are currently being developed. Guidance will be provided once procedures have been established.)
9 FAM 41.53 N28.2 No petition required
An employer of an H-1B1 professional is not required to file a petition with DHS. Instead, an employee will present evidence forLos Angeles immigration lawyers classification directly to the consular officer at the time of visa application.
9 FAM 41.53 N28.3 Applicants subject to Labor Condition