Immigration News: Bipartisan Bill Seeks to Revise H-1B and L-1 Eligibility + Challenges for Chinese Students' Visas

USCIS has not released any relevant work visa updates, so I will report on stuff you may have missed in politics and science this week! Plus, resources to help you figure out the right L-1 visa path for you or your loved ones.?

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Immigration Updates ??

???Cutting legal immigration increases the risk of hiring talent abroad

Recent research shows that placing restrictions on H-1B visas has the opposite effect of what was intended. The?study ?found that US companies?denied?H-1Bs are setting up new foreign affiliates and hiring talent there instead of in the US.

The most globalized multinational companies have been most affected by the restrictions, responding by offshoring jobs and hiring 0.9 employees abroad for?every?visa rejection.?

These findings have been supported by a recent national survey of more than 500 human resources professionals. The?survey ?found that 86% of companies hired employees outside the US for roles intended to be based inside the country because of visa-related uncertainties.

????Grassley, Durbin introduce bipartisan H-1B, L-1 visa reform legislation

Last month, Senators Richard Durbin (D-IL) and Charles Grassley (R-IA) reintroduced a?bill ?that could potentially drive even more jobs out of the United States. The proposed legislation would make it virtually impossible for employers to hire skilled foreign workers through the H-1B and L-1 visa programs.

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Here is what the bill aims to do for visa holders:

• "Specialized knowledge" definition for L-1 visa holders would be narrowed.
• Eligibility for H-1B status would be limited based on experience.
• Prohibits companies with more than 50 employees, of which at least half are H-1B or L-1 holders, from hiring additional H-1B employees
• Placing H-1B or L-1 visa holders to work with a customer would require a waiver from the Department of Labor (DOL).
• DOL would have unlimited investigative authority over employers hiring high-skilled foreign nationals.
• The number of H-1B visa holders exempt from numerical limits for universities and nonprofit research institutes would be significantly reduced.
• STEM advanced degree students educated in the United States receive preference for an H-1B visa

The bill is also co-sponsored by Sens. Richard Blumenthal (D-Conn.), Tommy Tuberville (R-Ala.), Sherrod Brown (D-Ohio), Bill Hagerty (R-Tenn.), and Bernie Sanders (I-Vt.).

???? Chinese students face invisible border wall

Chinese graduate students face an uphill battle to qualify for a student visa if they attend certain universities affiliated with China's "military-civil fusion strategy." due to a?proclamation ?issued by Donald Trump in May 2020. This would be the equivalent of foreign countries denying U.S. Citizens visas because they attended one of 900+ universities that received some form of funding from the Department of Defense.

Why is this bad? The National Foundation for American Policy has?estimated ?that every 1,000 Ph.D.s blocked from attending U.S. universities costs the economy an estimated $210 billion in the expected value of patents produced at universities over ten years and nearly $1 billion in lost tuition over a decade.

Experts have argued that the policy is a blunt tool that disheartens Chinese students and researchers from applying, causing the U.S. to lose out on a valuable talent pool and financial and scientific contributions.

Immigrant Entrepreneur Toolkit ??

?? L1 Visa vs E2 Visa

The E-2 is one of the most flexible and advantageous U.S. work visas. Some of the benefits of the E-2 include the following:

• Live and work in the U.S. for two to five years initially, and extend your status indefinitely.
• Allow your spouse to live and work in the U.S.—work authorization for spouses is not included with all work visas, so this may be a considerable advantage if you have a spouse who wants to work in the U.S.
• Bring any children under 21 with you to live and attend school in the U.S.
• Work for any U.S. business you want to invest in, as long as you and the business meet E-2 qualifications.
• Avoid strict requirements associated with other visas, such as minimum wage requirements and degree requirements.

The E-2 and L-1 tend to be overlooked by foreign nationals and U.S. employers, but they are both worth exploring.

?? Everything You Need to Know About New Office L-1s

What if your company doesn't have a U.S. office yet? Would you qualify for an L-1 visa? That is where new office L-1s come in! A “new office L-1” differs from an L-1 for a company with an established presence in the U.S.

?? Understanding Form I-797 Notice of Action: USCIS Receipt Notices & More

USCIS issues Form I-797C for a variety of purposes, including to notify applicants and petitioners of the following:

• Interview appointments
• Biometrics appointments
• Appointment rescheduling
• Case receipts
• Cas transfers
• A reopened case
• Case rejections

If you receive Form I-797C, read the notice carefully and communicate with your immigration attorney.

Entreprenuer Immigrant Resources ??

O-1 eligibility depends on being exceptional. What? Like it's hard??

• A list of 56 solo general partner funds that invest in early-stage startups
• Start Your Business And Sponsor Your US Visa Recorded Workshop
• Need a US visa interview fast? A vacation in Bangkok may be the best way
• Need more judging credentials? Host or Judge a Startup Weekend
• YC Summer Conference: A one-day event for undergraduate and graduate students who are interested in startups
• Maximize Your Time in Grad School: How To Build Your Green Card Profile As A Student
• Techweek 2023 tickets for SF, NYC, and LA are now available

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Interactive Sessions & Meetups

?? O-1 Visa for Startup Founders

Did you know that most venture-backed founders qualify for an O-1A work visa to live and work in the U.S. while growing their startups??

This is excellent news because the O-1A work visa is almost always the best option for startup founders! Join Legalpad (Deel) for an interactive workshop to unpack the U.S. immigration system for startups. There are several ways to successfully make a move and tap into the vast resources, mentors, and talent across the startup ecosystems in the U.S.?

Tuesday, April 25th 2023 @ 9:00AM PST

?? U.S. Permanent Residency Options for Work Visa Holders

This Q&A session will provide a comprehensive overview of the EB-1 and EB-2 visas, highlighting the differences between the EB-1A and EB-2 NIW categories. You will learn about the eligibility requirements for each category, including the documentation and evidence required to support your application.

Wednesday, April 19th 2023 @ 9:00AM PST

Social Corner ??

Who else did crazy things to up their luck at the H-1B lottery this year??