Tag Archives: visa

Red Tape, Red Flags

May 1, 2018 by
Photography by Bill Sitzmann

“People need to understand [H-1B] is particularly vital for small states like ours where we’ve got low unemployment and a high need for STEM jobs,” says Amy Peck, an immigration attorney with Jackson Lewis, P.C.

One recent search on the popular monster.com job searching database revealed more than 30 software development jobs in Omaha posted within one month—jobs for a field where the overall unemployment rate is 1.6 percent.

That’s why many in IT or other STEM-related fields paid attention when, in July 2017, President Donald Trump signed the “Buy American-Hire American” executive order, which subjects already hard-to-obtain work visas to even greater scrutiny.

This was a blow to those employers recruiting skilled labor on H-1B visas. The visa allows for 65,000 employees to be hired from abroad and 20,000 to be hired from students enrolled in U.S. colleges (under the H-1B advanced degree exemption). More than 200,000 applications are expected for H-1B visas in 2018.The application process opens on April 3, and, if the trend continues as it has in the past several years, applications will only be accepted for five to seven days.

Unlike hiring an employee from the United States, when the start date is often two weeks from the acceptance of a job offer, the earliest an H-1 B-status employee could begin work is Oct. 1…if the application is accepted.

Fortunately, there are plenty of folks who can help navigate the legal system. On behalf of clients, Peck fields increasing government reviewer challenges.

One of the biggest impacts this executive order may make is that employees seeking an extension to an H-1B visa will now face the same scrutiny they faced to obtain the visa.

“When we file extensions on cases that got approved without challenge before, they now get challenged even though the facts have not changed,” Peck says.

That means an employee on an H-1B visa who has worked hard, innovated, and generated income for a company could be denied an extension and the company could lose an employee for no reason other than checking the wrong box
on the paperwork.

Each denied visa extension would cost a company a skilled, trained worker, filing fees, lawyer fees, and much more.

“This change is very disturbing to employers who want to keep a good employee but fear they may lose them during the extension process,” says Omaha immigration attorney Mark Curley. “Foreign workers feel less secure in their employment. They understand their H-1B extensions could be denied.

“Employers could lose a good employee after three years if [U.S. Citizenship and Immigration Services] re-adjudicates the petition and determines the occupation or employee do not meet H-1B requirements…There is already a backlog in the employment-based green card process for applicants from India and China working high IT-related jobs in Omaha.”

“The H-1B is a specialty occupation visa with very specific requirements,” Peck says. “The job must require at least a bachelor’s degree in a specific field or related field. The government has certain wage levels you’re required to pay. A very sophisticated analysis goes into that.

“So, this is not something employers are eager to do. Often, it can be the last resort because they can’t get U.S. workers to do the job. As an economy we rely on this visa category in ways many people don’t want to admit and would like to deny.”

Vetting is done by U.S. Citizenship and Immigration Services center officers. Requests for evidence usually challenge specialty occupation designations.

“We spend a lot of time and effort with employers to describe what the job is,” Peck says. “We cross reference that with the government database. Then we look within the company sponsoring the H-1B to determine if others in that job have a similar degree and we use that to support our submission. The vast majority of our cases are getting approved, but we’re having to really fight. It’s taking all of our skills, tools, and resources to maneuver successfully in this environment.”

First Data is among several Nebraska employers using H-1B visas due to a shortage of skilled U.S.-born workers.

“There’s a myth employers are undercutting the U.S. labor market by hiring H-1Bs, and it really isn’t the case because with H-1B labor there is a cost involved not present with a U.S. worker,” Peck says. “The filing fee alone if you’re an employer with 25 or more employees is $2,460. If you want your case expedited you add another $1,225—and then attorney fees on top of that.”

Pending federal legislation aims to further scrutinize H-1B visas.

“The practical effect will be fewer petitions filed,” Curley says. “It will decrease the number of foreign students who enroll in U.S. colleges and universities.”

One thing is certain. H-1Bs are a hot item—as a topic of business and political discussion.

Amy Peck


This article was printed in the April/May 2018 edition of B2B.

Family Success Story: 
The Ner Clay & Paw Tha Family

November 4, 2013 by

Ner Clay and Paw Tha are a humble couple with a story that is hard for most of us to imagine. They have lived three different lives—the first in Burma, their homeland; the second in the refugee camps of Thailand; and now their third in Omaha.

Burma—now called Myanmar by military rule, but forever known as Burma to its refugees—lies south of China on the Bay of Bengal. Home to a number of ethnic groups, the Karen (kuh-REHN) people make up about one third of the country’s population. The Karen are quiet, respectful, and industrious. Family life is extremely important. Marriages are strong and function as a partnership of equals. The parenting style is firm but loving, and children of every age are respectful and obedient. Traditionally, Karen do not have family names; each person is seen as an individual.

The Karen suffered political and religious oppression in their homeland for many decades. But it became much worse in the 1970s and ’80s when a violent new military régime took over the government. A systematic genocide began, driving the Karen people into the forest while government soldiers burned their villages. The only way to stay alive was to flee to refugee camps in neighboring Thailand, where the families of Ner Clay and Paw Tha found safety.

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You might think of a refugee camp as offering temporary quarters. But history tells us the average stay for people in refugee camps worldwide is 15 years. Paw Tha lived 11 years in the camps. Ner Clay spent 30 years there.

“Life in the refugee camps was difficult,” says Ner Clay. “We were safe inside the fences, but we could hear enemy gunfire in the hills. People were crowded and lived in poor conditions. Monsoons washed away the dirt walls of our shelters, and we had to rebuild them after the rainy season. People could not leave the camp borders, and there was no way to earn a decent wage to a better life. When the fighting grew closer, the entire camp—thousands of people—had to move farther into Thailand.”

Faith and education are important values of the Karen culture, so churches and schools were organized. Ner Clay learned to speak English as a boy. As an adult, he served as a minister and helped charities organize services to the residents of the camp. Paw Tha arrived as a teenager who had already studied languages, history, and science. She taught English to first graders. Eventually, the couple found each other and were married. All three daughters—Victoria, now age 12, Gloria, 10, and Julia, 7—were born in the camp.

In 2008, Ner Clay and Paw Tha and their daughters were granted visas to travel to the United States. They were first placed in St. Paul, Minn., where they lived for three months. The couple’s English language skills positioned them in high demand. Then Ner Clay was asked to move his family to Omaha, where there was a need for a religious and cultural leader among the new Karen arrivals.

Ner Clay and Paw Tha moved their family into an apartment complex in North Omaha, and the Karen families followed. Day after day, they labored to settle their own family and jobs while helping dozens of new refugee families translate their mail, make appointments, drive for errands, and function in an all-English world.

Ner Clay became associate pastor of the Karen Christian Revival Church with a growing parish of more than 400 families. In addition to spiritual support and recreational activities, the church became a resource center for the community, offering resettlement assistance, clothing and household items, job-seeking advice, and educational programs that help the families adjust to life in Omaha.

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Paw Tha is now an interpreter at Franklin Elementary School, and their daughters attend Springville Elementary School, both of which are in the Omaha Public Schools district. In a comfortable home in northwest Omaha, they continue to provide assistance to established and new refugees—explaining insurance policies, legal documents, housing requirements, and notes from the children’s schools. They feel very lucky to be in a position to help others succeed, and often repeat their own personal slogan: “We are blessed to be a blessing.”

Still, Paw Tha is concerned about some of the darker aspects of American culture. “In the camps, there is nothing to do, so there are many eyes on the children. Here, the children have so much more freedom and are exposed to many temptations,” she says. “I worry that they will lose respect for the ways of our culture.”

“Except for a few setbacks, things have turned out pretty much the way we hoped,” Ner Clay says. “Our people are finding success. They have bought more than 300 homes and have started new businesses—grocery stores, restaurants, clothing shops, and auto repair. We came here for freedom and citizenship, and we want to contribute to this great country. Anything is possible in America!”

This September, Ner Clay and Paw Tha became U.S. citizens, which granted automatic citizenship to their daughters. The couple agrees: “We hope our daughters will grab whatever opportunity they get in America.”