13.07.2015 Views

David H. Fink Yuliy Osipov - Health Law Partners, PC

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There would be an increase in thepercentage of employment visas forskilled workers, professional andother professionals to 40%.pending five years; and (3) other long-term alien workers or other meritbasedimmigration workers.• It would offer 120,000 visas per year to those individuals with thehighest point totals.• Points are awarded based on: education, employment, length ofresidence in the US and other considerations.Employment Verification• E-verify would become mandatory for all employers within five yearsof enactment.H-1B Visas: Specialty Occupations for Employees withat least a Bachelor’s Degree• The H-1B quota would increase from 85,000 visas per year to115,000 (including the regular and US master’s quota). The US master’squota would be limited to those holding advanced degrees in science,technology, engineering and mathematics. The H-1B quota has beenoversubscribed for the last decade, being reached this year within daysof opening.• The quota may go as high as 180,000, increasing by no more than10,000 additional visas each year, based on the High Skilled JobsDemand Index formula.• Spouses may obtain work authorization if the employee’s homecountry grants a similar provision for spouses of US workers.Points are awarded based on:education, employment, lengthof residence in the US and otherconsiderations.*The information in this article summarizes the “Outline of the Border Security,Economic Opportunity, and Immigration Modernization Act of 2013.” (AILA Doc.No. 13041603).Talkof theTown!248.892.ATTY (2889) • DGreen@attorneyatlawmagazine.comLow-Skilled Worker Visa (W-Visa): A new visa category wouldallow aliens who enter the US to work in certain services or performcertain labor for a registered employer in a registered position.• The visa holder must maintain a foreign residence.• The Bureau of Immigration and Labor Market Research would becreated to oversee the new program.• Employers wishing to take part in this program would apply tobecome a registered employer. If approved, the employer would beregistered for three year increments.• There would be a quota every six months, twice a year. 50% of theyearly available visas will be used during each quota period.• Portability: A W-visa holder may seek out and accept employmentwith a different registered employer in any registered position.Although comprehensive immigration reform has not yet passed,clients should still be made aware of any proposed changes which couldhelp them. If you have a question regarding immigration you shouldcontact an immigration attorney for expert advice. The long termconsequences of inaccurate legal advice can be devastating. Never riskyour client’s future when an expert is just a phone call away.Vol 2 No 4 Attorney at <strong>Law</strong> Magazine® Metro Detroit | 27

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