Archives 2024

U.S. Citizenship and Immigration Services (USCIS) has recently released a set of Frequently Asked Questions (FAQs) concerning H-1B Organizational Accounts for the upcoming FY25 process. Here, we present key highlights from USCIS for your reference:

General Information

Q: What are the benefits of online H-1B organizational accounts?

A: Online H-1B organizational accounts offer numerous advantages. Multiple individuals from any entity, whether a company or other group, along with their legal representatives, can collaborate on H-1B registrations, Form I-129 (Petition for Nonimmigrant Worker), and related Form I-907 (Request for Premium Processing Service). Additionally, these accounts provide case management features, including an improved design and a more efficient process.

Q: When will organizational accounts be available?

A: Online filing of Form I-129 and related Form I-907 for non-cap H-1B petitions will be available on February 28, 2024. On April 1, 2024, FY25 H-1B petitions and related Form I-907 will be accessible for those selected for registration.

Q: How can I prepare for organizational accounts?

A: Preparation involves determining the Administrator for the company or organization, who oversees the group for the company and its legal representatives. This individual should possess the authority to complete registrations and petitions, including signing, paying for, and submitting all related documents. It’s crucial to coordinate responses to USCIS Request for Evidence (RFE) and Notice of Intent to Deny (NOID) in advance.

Q: How do I create an organizational account if I already have an existing applicant account? Do I need a new email?

A: Existing H-1B registrant account holders do not need to create a new account. Organizational account features will be available in existing accounts upon activation. However, if the existing account is an applicant account, a new online account with new login credentials must be created to access the H-1B electronic registration process.

Q: What if the wrong account type is selected during account creation? Can it be corrected later?

A: Unfortunately, users cannot switch to a different account type after creation. It’s essential to select Organizational or Legal Representative as appropriate during account creation. If the wrong type is selected, a new USCIS online account must be created.

Q: How do I access technical support?

A: Technical support is available via email at H1Btechsupport@uscis.dhs.gov. Users must provide specific information about the issue faced for prompt assistance.

Q: What are the new roles and permissions for Organizational Accounts?

A: USCIS provides a detailed table outlining the roles and permissions for Organizational Accounts.

Q: Can electronic registrations be submitted as before?

A: Depending on the setup of the Company Group, registrations can be submitted similarly to the past process. The Administrator of the Company Group initiates the process by logging into the existing H-1B registrant account.

Q: Are there changes to the FY25 H-1B electronic registration form?

A: The form remains similar, with the requirement to include valid passport information or a valid travel document for each beneficiary.

Q: Can I submit online applications for H-4 dependents concurrently with the online Form I-129?

A: No, concurrent filing for H-4 dependents must be done via paper filing.

Q: Can I submit premium processing for Form I-129 online?

A: Yes, both Form I-907 and Form I-129 can be filed online.

Q: Can I still file via paper?

A: Yes, paper filing remains an option for Form I-129 and Form I-907.

Q: How do processing times compare between paper-filed and online-filed?

A: Processing times are the same, but online filing offers time-saving features and faster receipt notices.

Q: Can paper-filed Form I-129 or associated Form I-907 be linked to the USCIS account after submission?

A: No, paper-filed submissions cannot be linked to an online account.

Company FAQs

Q: If I’m asked to be the Administrator for my Company Account, what do I need to do?

A: The Administrator initiates the Company Group creation process within their existing H-1B registrant account.

Q: If I’m not asked to be an Administrator but have an existing account, what do I do?

A: Wait for an invitation to join the Company Group from the Administrator.

Q: How do I build the members of the Company Group?

A: The Administrator invites others to the group, designating them as Administrators or Members.

Q: How do we invite legal representatives to the Company Group?

A: Administrators can invite legal representatives via the ‘My Representatives’ tab on the home page.

Q: What can an Administrator do in the H-1B organizational accounts setting?

A: Administrators have various permissions related to H-1B registrations, responses to RFEs and NOIDs, and managing the Company Group members.

Q: Can I add a Legal Representative after the case is submitted?

A: Yes, a legal representative can be added after the case is submitted.

Q: What should be done if an Administrator leaves the role?

A: USCIS recommends having at least two Administrators. If one leaves, a new Administrator should be chosen before their departure.

Q: Can a large company create multiple Company Groups for each sub-entity?

A: Yes, with each sub-entity requiring a different EIN.

Q: Do Company Groups need to be EIN-specific?

A: No, they do not need to be EIN specific, but the Administrator must have authority over all included entities.

Q: Can the beneficiary be included in the Company Group?

A: While beneficiaries can be added, there is no specific beneficiary role within the Company Group.

Legal Representatives FAQs

Q: Can paralegals be on more than one legal team?

A: For now, each paralegal’s account can only be associated with one Legal Team.

Q: Can law firms use their existing case management software using the myUSCIS online platform?

A: No, the application programming interface is not yet available for this purpose.

Q: How should the Legal Team be set up for multiple attorneys submitting cases for the same employer?

A: Each Legal Team operates independently, and each attorney constitutes a separate Legal Team.

Q: Can the Legal Team prepare and submit H-1B petitions without an online account?

A: No, the Legal Team is required to use the online account.

Q: How does a company change their Legal Team after forms are submitted?

A: The Administrator must withdraw the G-28 from all cases associated with the previous Representative.

Q: Will the Representative have visibility to H-1B registrations started by the company?

A: No, representatives do not have visibility to registrations initiated by the Company Group.

Q: Will invited Legal Teams have access to electronic registration selection notices?

A: Only the legal team member that prepared and submitted the registration will see the selection notice.

As always, Wang Law LLC‘s attorneys are committed to guiding our clients through the complexities of immigration law. For assistance with the FY25 H-1B process or any immigration-related matter, please don’t hesitate to contact us. Our experienced attorneys are here to provide tailored advice and support throughout the process.

Canada, located on the vast lands of North America, shares a long border with the United States and is north of the Arctic Ocean. As the second largest country in the world by land area and an industrial powerhouse, the capital Ottawa along with Toronto and Vancouver are economic hubs. Canada has a mature economy with abundant resources – energy, manufacturing and services sectors are well developed. Also, as an active participant in various international organizations and trade agreements, Canada holds a significant position on the global economic stage.

Benefits of Registering a Company in Canada

1. Stable Environment: Canada is well reputed for its stable political and economic landscape. Its robust legal system and transparent governmental decision making processes provide entrepreneurs with a solid foundation to operate their businesses.
2. Talent Pool: Canada’s emphasis on education has nurtured a large pool of highly skilled professionals. This rich human resource supplies enterprises with technically proficient and innovative employees, injecting vitality into business growth.
3. Tax Incentives: Canada’s tax policies are relatively lenient towards businesses, especially the relatively low corporate income tax rates and additional tax reductions offered to certain industries and regions, which greatly motivate investment interests.
4. Business Opportunities: As a global center of commerce and finance, Canada’s major cities provide enterprises with high-quality platforms to seamlessly integrate with the world. Moreover, the free trade agreements Canada has signed with many countries open wider access to markets, facilitating enterprises to achieve global expansion.
5. Cultural Diversity: While upholding societal harmony, Canada’s multiculturalism also brings enterprises diverse perspectives and innovation impetus.

Types of Companies in Canada

In Canada, business companies are mainly categorized into provincial and federal companies. Interestingly, most enterprises prefer to register as a provincial company.

Director Requirements

Documents Required for Company Registration in Canada

1. Company Name: An available English name is required when registering a company in Canada. Note that certain words like “Royal” and “Bank” cannot be included in the name, and it must end with “INC.” or “LTD” to ensure legitimacy and formality.
2. Director/Shareholder Information: Identification documents such as ID card and passport scans are required. For corporations, company license scans and English names are also required.
3. Nature of Business: Determine the company’s scope of business.
4. Authorized Capital: The standard is $10,000, no actual payment is needed.

Methods and Procedures for Company Registration in Canada

When deciding to register a company in Canada, you do not need to personally travel to Canada. The entire registration process only requires you to prepare necessary documents for signing, and our agency will assist you to complete the procedures and ensure all formalities are in order and compliant.

Company Registration Procedures in Canada

1. Documentation Preparation: First, you need to prepare all relevant documents as required by the federal or provincial government registration authorities in Canada.
2. Application Submission: Submit the prepared documents to the registration department of the federal government or specific province in Canada.
3. Government Review: The government will review and process your application. The specific review duration depends on the company type chosen and the jurisdictional region of registration.
4. Certificate of Incorporation Issuance: Once your application is approved, you will receive a registration certificate signifying your company is successfully registered in Canada.

Time Frame

From application submission to receipt of the registration certificate, the entire registration process is estimated to take 1-2 months. Once all procedures are completed, our agency will promptly mail you all necessary registration documents, ensuring you gain firsthand knowledge of the latest updates regarding your company’s registration status in Canada.

Company Registration Completion Documents

Upon completion of registration, you will receive the following documents and items:

Subsequent Maintenance for Registered Companies in Canada

Annual Filings for Companies in Canada

1. Contents of Annual Filings:

• Pay annual registration renewal fees to maintain legitimacy of operations.
• Confirm and update company registration information to ensure accuracy and currency.
• Renew company address and corporate secretary services to facilitate normal business activities.
• File accounting and taxation records in compliance with Canada’s tax laws and regulations.

1. Documents Required:

• Copy of the Certificate of Incorporation as proof of legal existence.
• Articles of Incorporation outlining internal governance and operational norms.
• Copies of incorporation documents, including all relevant documents when the company was incorporated.
• If changes made – copies of shareholder change, capital increase documents, or company name change documents.
• Identification documents (ID card/passport copies) of directors and shareholders to confirm identities.

1. Time Frame:

• Annual filings and fee payments must be submitted to the government yearly on the company’s anniversary date after incorporation to maintain good standing status.

Tax Filing for Companies in Canada

1. Types of Taxes:

• Income Tax: Divided into federal and provincial, levied by the federal and provincial governments.

2. Tax Filing Requirements:

• If the company is registered in Canada but does not operate locally or trade with Canada, no bookkeeping or tax filing is required, but nil reporting is still necessary.
• If the company has operations and incurs expenses in Canada, tax filing is required with bookkeeping done by a Canadian accountant. Tax rates depend on business revenues, usually 8-10% of profits.

3. Tax Filing Due Dates:

• Company income tax returns are due within 6 months after the fiscal year end.
• Tax payment deadlines are within 2 months of fiscal year end. For some private Canadian controlled companies, the deadline can be extended to 3 months.

4. Tax Filing Compliance and Penalties:

• Tax filing is an important process in Canada’s tax administration. Taxpayers must comply with filing requirements for each tax type.
• Non-compliant taxpayers are subject to penalties – 5% of taxes owed plus 1% interest each month, up to 12 months maximum. For repeat violations, penalties rise to 10% of taxes owed plus 2% interest each month, up to 20 months maximum.

This concludes the key content covered in this article. Please stay tuned for more updates, and do not hesitate to contact us if you have related business needs!

Introduction:
As legal practitioners, it’s imperative to comprehend the intricate web of laws governing our province. However, for the general populace, the labyrinth of statutes and regulations can be daunting, often leading to inadvertent violations. At Wang LAW LLC, we aim to shed light on some lesser-known laws in Ontario that individuals may unknowingly transgress, potentially leading to significant legal consequences.

In our day-to-day activities, we may find ourselves unwittingly on the wrong side of the law, facing penalties ranging from fines to imprisonment. Here are nine laws in Ontario that individuals may inadvertently breach.

Unnecessary Slow Driving:

Under the Ontario Highway Traffic Act, which prohibites operating a motor vehicle at a speed that impedes or obstructs the normal flow of traffic. While safety concerns might necessitate cautious driving, exceeding prescribed limits could result in fines ranging from $150 to $1,000.

Passing Snowplows:

It’s unlawful to pass snowplows on designated highways in Ontario. Violating this statute, particularly on highways with posted speed limits of 80 kilometers per hour or higher, can incur fines ranging from $150 to $1,000.

Ownership of Certain Dog Breeds:

The Dog Owners’ Liability Act delineates strict regulations regarding the ownership and breeding of specific dog breeds in Ontario. Contravening these provisions may lead to fines up to $10,000 or imprisonment for a duration of up to six months.

Crowding the Driver’s Seat:

The Highway Traffic Act prohibits drivers from crowding the driver’s seat with occupants or objects that may impede proper vehicle control. Breaching this provision could result in fines ranging from $150 to $1,000.

Smoking Restrictions:

While smoking is legal, the Smoke-Free Ontario Act imposes restrictions on smoking in certain public spaces. Non-compliance may lead to fines.

Cycling on Pedestrian Crossings:

Riding bicycles on pedestrian crossings is prohibited under the Ontario Highway Traffic Act. Individuals caught violating this provision may face fines.

Leaving the Roadway:

Passing or overtaking another vehicle by leaving the roadway is prohibited under the Highway Traffic Act. Offenders may incur fines upon conviction.

Specific Lane Usage:

Slower vehicles are mandated to travel in the right lane according to the Highway Traffic Act. Failure to adhere to this regulation may result in fines ranging from $150 to $1,000.

Driving Across Pedestrian Crosswalks:

Motorists must refrain from driving across pedestrian crosswalks until pedestrians have fully crossed the road. Violation of this law could result in fines.

Conclusion:
Navigating Ontario’s legal framework demands vigilance and understanding of the laws that govern our daily lives. At WANG LAW LLC, we are committed to guiding our clients through the complexities of the legal system, ensuring compliance and safeguarding against unintended legal entanglements. For comprehensive legal counsel and assistance, trust OUR Law Firm to navigate the intricacies of Ontario’s legal landscape with expertise and diligence.

IRCC Update:

1. Study Abroad Letter of Attestation, PGWP+SOWP Policies Fully Explanation
   On Monday, February 5, 2024, Immigration, Refugees and Citizenship Canada (IRCC) made an important update to its previous study abroad policy. The update not only elaborated on the details related to the new policy, but also clarified which groups of people are exempted from the requirement of providing a letter of support. At the same time, it was officially announced that the Post-Graduation Work Permit (PGWP, or Post-Graduation Work Permit) for short-term graduate students will officially launch on February 15th. Here are the specific details:

Supporting Letter PAL: Who needs to submit it?

Most students applying for postsecondary education
Most students in non-degree graduate programs, such as certificate programs and graduate diploma programs, Any other applicant not included in the list of exceptions below
For applications submitted after 8:30 a.m. ET on January 22nd, if a PAL is required but not provided, the application will be returned.

The Commonwealth and Quebec are currently exploring ways to upgrade the existing CAQ to a PAL. This move is intended to streamline the process and save time and resources by avoiding applicants having to duplicate applications between the two systems. Merging the CAQ and PAL would be a solution that is both efficient and logical.

Certification Letter PAL: Who doesn’t need to submit it?

This information release adds visiting exchange students and family members of renewal or work visa holders in Canada, further expanding the scope of exemptions for letters of attestation.

• -Elementary or secondary school students
• -Master’s or doctoral students
• -Visiting or exchange students (new group)
• -Renewal and work visa holders in Canada (including student visa extensions)
• -Family members in Canada of visa renewal or work visa holders (new members)
• -Applicants who submitted or have had their visa application approved by January 22nd

PGWP Graduate Work Visa

The PGWP for Master’s degree graduates is effective from February 15, 2024 onwards. Those who have graduated from a master’s degree program with a duration of no more than 2 years and meet all other PGWP eligibility criteria will be able to obtain a longer 3-year post-graduation work permit.

For students graduating from public-private partnership university programs who are still currently enrolled and meet the other eligibility criteria, they will still be eligible for the PGWP. however, new students enrolled in such programs will no longer be eligible for the PGWP.

For students in other programs, the length of the graduation work visa will still be determined by the length of the program.

SOWP Spouse Work Visa

The eligibility of spouses and common-law partners of international students for Open Work Permits (SOWP) will be updated in the coming weeks.

Eligibility is limited to spouses and cohabiting partners of students in graduate (master’s and doctoral) and professional degree-granting programs. Spouses and cohabiting partners of international students extending existing work permits will continue to be eligible for this category once these changes come into effect.

Who is not eligible for an open work permit?

Spouses and cohabiting partners of international students at other levels (including undergraduate and university programs) will no longer be eligible for an Open Work Permit for Spouses, unless they already hold this work permit.

• What is PERM?
• How does PERM work?
• What about serious retrogression of the EB-3 and EB-2 visa categories?

What is PERM?
PERM is the U.S. Department of Labor’s (DOL’s) program for permanent labor certification. These are some of the key points of PERM:

The U.S. employer must pay at least 100% of the “prevailing wage,” which is divided into four wage levels.
PERM labor certifications are filed electronically (or by mail) directly with the DOL.
DOL has a goal of making decisions on the electronically filed PERM applications at 45–60 days.

How does PERM work?
Under PERM, employers will obtain a Prevailing Wage Determination (PWD) from the applicable State Workforce Agency (SWA) and conduct recruitment for the open position. If no able, qualified, and willing U.S. workers, apply for the position, the employer will complete and submit (online or by mail) a detailed form about the job duties, minimum requirements, wages, recruitment efforts, recruitment results, and so on to one of two DOL PERM processing centers. The DOL processing centers will conduct a quick anti-fraud check (to make sure the employer exists and has employees) and if the application is not selected for audit based on unpublished factors or based on random quality control factors, the DOL will certify the application.

Procedurally, the application is essentially approved “automatically” as long as the application does not trigger the DOL computer to send out an audit request based on unpublished factors and is not randomly selected for a quality control audit. That is, “good” cases under PERM will normally be approved by default.

What about serious retrogression of the EB-3 and EB-2 visa categories?

If you are from China, India, or the Philippines, the existing EB-3 retrogression could cause serious delays in your path to a green card. In addition, even the EB-2 category is expected to retrogress for at least China and India. If you are from one of these countries, you should also be aware that there are first-preference and second-preference categories that do not require a labor certification, such as Aliens of Extraordinary Ability (EB-1A), Outstanding Professors or Researchers (EB-1B), Multinational Executives or Managers (EB-1C), and National Interest Waiver (NIW). A petition successfully filed under one of these categories might allow you and your family to get your green cards potentially several years faster than waiting in the EB-3 line (and perhaps even a considerable period of time before other EB-2 cases). Not everyone qualifies for these other categories, though, so a careful review of your case is important. You can find more information about our free reviews for these types of cases on our Free Evaluations page.