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Red tape, red flags – H-1B Visas pose real consequences

June 8, 2018 2 comments

Red tape, red flags – H-1B Visas pose real consequences

©Story by Leo Adam Biga

©Photography by Bill Sitzmann

Originally appeared in the May-June 2018 issue of Omaha Magazine (http://omahamagazine.com)

 

“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.

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Paradise In the Midwest – Okoboji attracts generations of Omahans


Paradise In the Midwest – Okoboji attracts generations of Omahans

©by Leo Adam Biga and Daisy Hutzell-Rodman

Originally appeared in May-June 2018 issue of Omaha Magazine (http://omahamagazine.com)

 

Some migratory Omahans make a tradition of flocking north to the freshwater oasis called Okoboji. This historic, former Native American encampment and hunting ground turned settler outpost and sport-commercial fishing haven in northwest Iowa features natural, glacier-carved lakes and plentiful beaches.

Okoboji, a 200-mile meander from the metro, has been an Iowa Great Lakes resort area for more than a century. Arrival of railroads in the early 1880s connected Dickinson County’s lakes region to the outside world as never before. Hotels stores, boatyards, and other attractions sprang up, catering to train and steamboat travelers. The Okoboji Store dates back to 1884 and Mau Marine, which used to be called Wilson Boat Works, has operated since 1884.

The lure (then and now): pristine waters, plentiful fishing, and getting away from it all with friends and family. Okoboji has survived high and low water levels, floods (including the Great Flood of 1993), droughts, the Great Depression, world wars, and cultural shifts.

Patterson Cottage, built late 1800s. Became known as “The Haunted House.” No longer standing.

Parasols and two-piece swimsuits gave way to Raybans, bikinis, and shorts. Big band swing bowed to rock ’n’ roll. Instead of transistor radios and hard-bound books, sunbathers now sport smartphones and Kindles.

As the area gained popularity, homes sprouted and amenities grew in this Great Plains getaway. A steady stream of cars follows I-29 or Highway 71 toward tranquility on any weekend during the summer. The area includes a chain of six lakes and 70 miles of shoreline that welcome about 1 million visitors annually.

Water sports abound. Beaches and docks attract sunbathers. Picnics, backyard barbecues, and house concerts lazily unwind. Campsites and nature trails offer roughing-it adventures. Local locales offer amusement, from roller coasters to theatricals. Plentiful dining spots and bars complete the scene.

Many making the pilgrimage own lake houses there, thus making them part-time Okobojians. In the post-war era, parents of the baby-boom generation built small cabins. As those baby boomers came of age and made money themselves, they bought the smaller homes and remodeled them or tore them down for new homes. The part-timers mix easily with “originals” and “old-timers.”

Denny Walker of Omaha long ago fell under Okoboji’s spell.

“There’s a real charm to it. You drive past cornfields and all of a sudden you get up to Okoboji and you’re struck by the beauty of it—the lake coves, the oak trees lining the shores, the clearness of the water, the clean beaches.”

Walker’s enchantment goes back to family vacations as a kid. He now shows his children the magic.

“My dream was to have a home in Okoboji, and now I’m living my dream,” says Walker, who built a cottage-style lake house with a big screened-in porch a decade ago.

His ’Boji fever sometimes starts before the season. Walker has hosted a “launch party” in Omaha at the hangar for his business, JetLinx, with Okoboji vendors and wares, as a season warmup.

He’s also among pilgrims with deep stakes who give back by serving on local boards.

“I’m really involved in the community up there,” Walker says. “It isn’t a job for me, it’s a passion, it’s a love for Okoboji.”

He is involved with beautifying the area and growing the art center’s endowment.

He also leads the fundraising campaign for the three-phase, $12 million restoration of the Arnolds Park Amusement Park. The first phase was completed last year, with more parking and upgraded bathrooms. The Maritime Museum expansion is nearly complete. The Iowa Rock ’n’ Roll Hall of Fame will be upgraded. And the historic Roof Gardens is slated to be restored next.

Floete Mansion became the Okoboji Club. Built in 1911, destroyed by fire 1951.

The vintage Arnolds Park Amusement Park celebrated its 125th anniversary in 2015, and it continues to serve nostalgic fun with its traditional midway, classic rides, wooden roller coaster (The Legend is one of the world’s oldest wooden roller coasters, built in 1930), and Nutty Bars (the first Nutty Bar stand opened in 1945) much to the delight of all—including Omaha transplant Morris Caudle, who is watching a new generation experience the park with fresh eyes.

“My grandchildren, ages 12 and 14, announced to me [on Easter] that they had saved up their money so they can buy a season pass to Arnolds Park,” Caudle says. A 2018 season pass ranges from $90-$160. “They were really excited…I was really pleased.”

Caudle splits his time between Charleston, South Carolina, and the Okoboji home he built in 2007. Before building a home, he kept a condo at Okoboji. He’s board chair for the art center, which, he says, “is a major part of the community with its robust programming all year long.”

Omahan Julie Sudbeck comes from a family with roots going back four generations in the Iowa Great Lakes of Okoboji. Sudbeck grew up around the family business, White Oaks Bait Shop, which her parents bought in 1974. Julie herself worked as waitress at Koffee Kup Kafe at age 14, riding a moped to the job, and the next year as a “gas jockey” when her father was the general manager of Wilson Boat Works.

She and her parents moved to Omaha in 1987, but by 1989, they secured a summer place up north. After it flooded in 1993, the family rebuilt. Family members come from near and far to gather, often for long, lazy weekends before heading back to work and activities in Omaha. Julie can even take her great-nephews to the Koffee Kup Kafe for grilled ham and cheese or BLT sandwiches like those she once served to patrons.

Summers in Okoboji are a time for them to renew familiar bonds with shared activities.

Tudor House, Des Moines Beach. Still stands.

“It’s very rare somebody goes off to do their own thing,” Sudbeck says “It’s more like, ‘What are we all going to do?’ And that’s just it—we make the plans together, and we want to. That’s what it’s constantly about—the lake and your friends and family. You just can’t replace it.”

Speaking of their place on the lake, Sudbeck explains, “Where we live, there’s a whole shoreline of family dwellers. It’s their children and grandchildren. Everybody has a houseful. That is the common denominator—friends and family.”

Years of escaping to the lakes have fostered strong feelings of attachment to Okoboji. Sudbeck’s kids have never known summers without it.

“My children would be devastated if we didn’t have the lake house,” she says. “It’s a huge part of their life. I don’t think they’ve missed a Fourth of July in Okoboji.”

Caudle likes the rituals that accompany life there.

“Our lake season typically starts with the melting of West Okoboji, usually in mid-March or early April,” Caudle says. “Lake gulls show up for a feeding frenzy, joined later by white pelicans. It is a challenge to time our arrival just before the lake ‘turns over’ to see this spectacle of nature. As the days start getting longer and warmer, the opening process begins. Each family member has duties, and it is a race to see who gets their checklist completed first.”

After that, daily rhythms set the schedule. Caudle also appreciates the therapeutic value of the place.

“Old-timers feel there’s a magic to bathing in the lake. I do that from time to time. It’s a good cure for a mild hangover,” he says, adding, “I don’t need my blood pressure medication when I’m at the lake immersed in that tranquility.”

That laissez faire attitude transfers to even the most basic of needs. Dinnertime could be anything from a backyard barbecue with the family to a progressive dinner between many lakeshore residents.

Like Denny Walker, Caudle says he’s “made it a point to befriend the locals, understand their priorities, particularly the environment.”

Those priorities and those friends are part of how Okoboji keeps its charm. It’s a step back to a simpler time, and, after three decades of engaging in activities and making friends, Caudle says he and his wife “are more than just ‘summer people.’”

As far as Caudle’s concerned, Okoboji will be in his family for generations to come.

“That’s the plan. We would like our grandkids to have their grandkids to enjoy the things we do there.”

Same for Walker, whose kids and grandkids already relate summer and holidays to time in Okoboji. He can’t imagine a better sanctuary: “It’s a trip back in time. It’s a wonderful family place filled with memories.” 


Visit vacationokoboji.com and arnoldspark.com for more information.

This article was printed in the May/June 2018 edition of Omaha Magazine.

Life Itself X: Food Stories Through the Years – A Pot Liquor Love Archive


Issue 25

Life Itself X: Food Stories Through the Years

A Pot Liquor Love Archive

Follow my food writing at:

leoadambiga.com 

https://www.facebook.com/LeoAdamBiga

and in 

Food & Spirits Magazine

The Reader

Omaha Magazine

Harvesting food and friends at Florence Mill Farmers Market, where agriculture, history and art meet

https://leoadambiga.com/2018/06/06/harvesting-food-…ory-and-art-meet

Journalist-author Genoways takes micro and macro look at the U.S, food system

https://leoadambiga.com/2018/06/06/journalist-autho…u-s-food-system

Finicky Frank’s puts out good eats

https://leoadambiga.com/2018/04/24/finicky-franks-puts-out-good-eats

Tenth Street Market will bring Vic Gutman’s dream to fruition

https://leoadambiga.com/2017/06/27/tenth-street-mar…ream-to-fruition

A systems approach to addressing food insecurity in North Omaha

https://leoadambiga.com/2017/08/11/a-systems-approa…y-in-north-omaha

Good Memories and Good Eats

http://thereader.com/dining/good-memories-and-good-eats/

Soul food eatery Omaha Rockets Kanteen conjures Negro Leagues past and pot liquor love menu

https://leoadambiga.com/2016/11/17/soul-food-eatery…liquor-love-menu

 

Tacos and Tequila Take Center Stage at Hook & Lime

Bomb girl Zedeka Poindexter draws on family, food and angst for her poetry

https://leoadambiga.com/2015/03/11/zedeka-poindexte…t-for-her-poetry

Chef Jason Hughes setting bold course at Happy Hollow Country Club

https://leoadambiga.com/2015/03/23/chef-jason-hughe…low-country-club

Culinary artist Jim Trebbien

https://leoadambiga.com/2015/03/02/culinary-artist-…ommunity-college

Eat to live or live to eat, Omaha’s culinary culture rises …

http://thereader.com/visual-art/eat_to_live_or_live_to_eat_omahas_culinary_culture_rises/

Chef-Owner Jared Clarke Goes Wood-Fired

Chicken is King at Time Out Foods

https://leoadambiga.com/2015/10/28/chicken-is-king-at-time-out-foods/

Southern Fried Love Road Trip Diary I 

https://leoadambiga.com/2016/06/01/a-southern-road-trip-diary/

Southern Fried Love Road Trip Diary II 

https://leoadambiga.com/2016/08/12/southern-fried-love-road-trip-diary-ii/

Book depicts area whole foods culture in stories, recipes …

http://thereader.com/visual-art/book_depicts_area_whole_foods_culture_in_stories_recipes_pics/_

Anne and Craig McVeigh Bring Beacon Hills Take on American Comfort Cuisine Back to Where Their Food Careers Started

 

 

 

 

 

 

 

 

 

 

 

 

 

JOURNEYS: 

Within Our Reach: Feeding a Starving World 

http://www.spiritofomaha.com/Metro-Magazine/November-2014/JOURNEYS-Within-Our-Reach-A-Starving-World/

No More Empty Pots Intent on Ending North Omaha Food Desert

https://leoadambiga.com/2013/08/13/no-more-empty-po…t-in-north-omaha

Omaha Culinary Tours: 

New company hopes to make Omaha’s burgeoning food culture a tourist attraction

https://leoadambiga.com/2014/02/05/omaha-culinary-t…urist-attraction

Two Old Market Fixtures Celebrate Milestones

https://leoadambiga.com/2013/01/18/two-old-market-f…brate-milestones

Chef-Owner Jenny Coco Proves She Can Hang with the Boys

Shirley’s Diner

https://leoadambiga.com/tag/shirleys-diner/

A. Marino Grocery 

https://leoadambiga.com/tag/a-marino-grocery/

Omaha Chapter American GI Forum

https://leoadambiga.com/tag/omaha-chapter-american-gi-forum/

Omaha’s Pitch Man: 

Entrepreneur Extraordinaire Willy Theisen is Back with His Next Big Business Venture

https://leoadambiga.com/2012/04/25/omahas-pitch-man…business-venture/

Entrepreneur and Dealmaker Greg Cutchall

https://leoadambiga.com/2012/06/08/entrepreneur-and…er-greg-cutchall/

Doing Things the Dario Way Nets Omaha Two of its Most Distinctive Restaurants

Passing the Torch at the Dundee Dell

Vic’s  Corn Popper Owners Do More Than Make Snacks: They Mentor Young People

https://leoadambiga.com/2012/06/21/vics-corn-popper…tor-young-people

George Payne and the Virginia Cafe: 

Restauranter Family Legacy of Filmmaker Alexander Payne

https://leoadambiga.com/2012/07/06/remembering-the-…-alexander-payne

“The Bagel: An Immigrant’s Story”

Joan Micklin Silver and Matthew Goodman team up for new documentary

https://leoadambiga.com/2012/03/16/the-bagel-an-imm…documentary-film

George Eisenberg’s love for Omaha’s Old Market never grows old

https://leoadambiga.com/2012/06/19/george-eisenberg…-never-grows-old/

In Memoriam: George Eisenberg

https://leoadambiga.com/2018/03/27/in-memoriam-george-eisenberg

Issue 22

Itzel Anahi Lopez: Young Latina on the rise

https://leoadambiga.com/2018/03/24/itzel-anahi-lope…tina-on-the-rise

A Different Kind of Bistro

http://thereader.com/dining/a_different_kind_of_bistro/

The much anticipated return of the Bagel Bin

https://leoadambiga.com/2010/12/03/the-much-anticip…of-the-bagel-bin

Big Mama’s Keeps It Real

A Soul Food Sanctuary in Omaha

https://leoadambiga.com/2011/06/11/big-mama’s-keeps…ve-ins-and-dives

Chef Mike Does a Rebirth at the Community Cafe

https://leoadambiga.com/2011/06/22/chef-mike-does-a…e-community-cafe

Favorite Sons: 

Weekly Omaha pasta feeds at Sons of Italy Hall draw diverse crowd

https://leoadambiga.com/2011/04/28/favorite-sons-we…lse-little-italy

Allan Noddle’s food industry adventures show him the world

https://leoadambiga.com/2012/04/28/allan-noddles-ad…ow-him-the-world

Cousins Bruce and Todd Simon Continue the Omaha Steaks Tradition

https://leoadambiga.com/2012/06/21/cousins-bruce-an…steaks-tradition

This version of Simon Says positions Omaha Steaks as food service juggernaut

https://leoadambiga.com/2010/06/15/this-version-of-…rvice-juggernaut

A Soul Food Summit

https://leoadambiga.com/2010/05/31/a-soul-food-summit/

Charles Hall’s Fair Deal Cafe 

https://leoadambiga.com/2016/05/11/charles-halls-fair-deal-cafe/

An Ode to the Omaha Stockyards

https://leoadambiga.com/2012/06/14/from-the-archive…omaha-stockyards

It was a different breed then: 

Omaha Stockyards remembered

https://leoadambiga.com/2016/06/24/it-was-a-differe…yards-remembered

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