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    05-17 12:40 PM
    Last week we became members of Global Alliance of Hospitality Attorneys (, this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

    Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

    E2 Visa (

    This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

    An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

    The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

    H2B Visa (

    Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

    Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

    Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

    J1 Visa

    For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

    This type of J-1 classification is valid for four months and allows the students to assist
    companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.

    The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

    H3 Visa

    The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

    An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

    Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

    TN Visa

    NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

    The Conditions for Professionals from Mexico and Canada to Work in the United States

    * Applicant should be a citizen of Canada or Mexico;
    * Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications of the profession

    Requirements for Canadian Citizens

    Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

    L1 Visa

    L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

    The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.


    A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

    H1B visa

    Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

    A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

    Specialty occupation is defined as an occupation, which requires:

    * Theoretical and practical application of a body of highly specialized knowledge, and
    * Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

    A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

    We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

    The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.

    More... (

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  • hpandey
    09-15 12:47 PM
    Well celebrate any way you want... congrats on your new found freedom after 10 years . :)

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  • somegchuh
    10-30 05:17 PM
    [Apologies for the cross-post]
    Since there are lot of ppl here who have had EAD/AP for years ...
    Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?


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  • gc_on_demand
    07-19 11:33 AM
    Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.

    Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..

    Lets find out if there is any thing in law.


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  • MunnaBhai
    08-10 05:11 PM
    He has mentioned EB3, India

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  • wandmaker
    12-19 01:23 AM
    Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
    if you invoke AC21 means you have to use EAD not H1B......

    AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.

    EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".


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  • gopalkrishan
    08-06 03:59 PM
    This topic is posted under General Information > Interesting Topics

    Billu did not post this under immigration matter, so dont read it if you dont want to.

    with fear of sounding rude to Veerufs .. I must say that i concur and whole heartedly agree with Austingc :p

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  • saibaba
    12-18 03:51 PM
    You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.

    I did it on 12/06 and it shows the same date since then...

    in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...

    so can I consider that there are no recent LUD's on our 485 apps?

    thanx a lot for the info...


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  • NewDocinUS
    02-05 06:53 PM
    wow!! IV has been very productive for you NewDoc..Would u like to contribute to IV if you get this post? And Bonus if you can convince some of your friends to join IV and contribute too ...

    I will do my best for IV. All I can do for now is tell all my friends and educate them on the issue. I cannot contribute as I do not earn as of now.

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  • serg
    10-30 08:53 PM
    My lawyer confirmed that we can apply for renewal 6 months prior to expiration date.

    Lawyer? So, You don't believe what was posted on USIS website?


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  • sixburgh
    06-28 05:50 PM
    Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.

    I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.

    Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?

    Sorry to be a pain.
    I am just trying to understand this properly.
    I do not intend trouble.
    Any replies that you guys are giving is very much appreciated.

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  • bobbydalal
    08-24 11:49 AM
    Hi there read ur post so u got an interview even when ur priority date is no where current . M i understanding u rite.


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  • zofa30
    09-14 05:04 PM
    Thanks a_yaja and thanks for all who helped me in this issue,
    Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.

    I have a couple of questions that will help me to figure out what to do:

    1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?

    2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.

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  • NIW
    08-30 05:33 PM
    We all sincerely appreciate your support & generosity. Keep us updating on immigration news.

    P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.


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  • royus77
    05-22 04:31 PM
    Good question , I also want to know more on this as i am thinking of moving . Is there any hard date where USICS stop accepting I 140 petitions ?

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  • dbevis
    October 23rd, 2003, 11:41 PM
    First, as a fellow engineer, I'll say that is no handicap to photography.

    At the moment I took the shot, I was searching out textured and detailed objects to show me what the 100 Macro lens would be capable of resolving.

    So, the left brain was hard at work being analytical and logical.

    On another level, the structure brought back childhood memories of my grandparents' farmhouse.

    On yet another level, I was facinated by all the small details - mortar, wrought iron fence, and the leaves turning colors.

    Generally, these sorts of images are what I connect with, the ones that I can't quite (or at least instantly) figure out what I'm looking at. Is this a wall, a sculpture, are those windows or doorways am I inside looking out or outside looking in.

    It's also worth noting that there is no trace of the "rule of thirds" in that image.

    Much of the above applies to this one, which I put online this evening:



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  • LostInGCProcess
    07-25 02:19 AM
    Thanks for your replies. I have shared the information with him. He just told me that he has a PD back in 2006 EB2 from his last company. He filed Labor + 140 (approved) but did not file I-485 (sorry i did not ask him or he told me earlier).. so now that his PD is fixed you guys think he should wait ?.. His Category for filing will be the same .. Does that help reducing RFE's ?

    Please suggest.


    It would be nice if your friend becomes a member of IV and ask the questions himself and be part of the whole immigration process...instead of asking you to post those questions and act as a middleman.

    There are so many valuable members in IV community who can give great suggestions. First hand information is always better then passing thru a middle layer...just my opinion.


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  • yganreddy
    08-31 12:45 PM
    According to my knowledge you have 2 options
    1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
    2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94

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  • santb1975
    10-15 05:59 PM
    I will sign up on the Yahoo Groups as well

    06-07 11:24 PM


    06-30 02:36 PM
    Nothing is going to happen...I think rumor is spread by AILA itself so that all people can submit the papers before 2nd July and attorneys can file the cases on 3rd before they go on July 4th vacation, Just watch nothing going to happen in July, No new bulletin.

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