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Employment Law Today

Tuesday, September 21, 2021
21
Sep
Facebook Live Video from 2021/09/21 - Employers and Immigration Post Covid

 
Facebook Live Video from 2021/09/21 - Employers and Immigration Post Covid

 

2021/09/21 - Employers and Immigration Post Covid

[NEW EPISODE] Employers and Immigration, Post-Covid

Between the new Administration and the Covid-19 pandemic, employers need to know the latest immigration laws and policy changes for business owners and employees.

Join me and my guest, immigration law Attorney Pablo Velez, for a discussion of what the landscape looks like for employers and employees alike under the latest immigration laws and practices by US Citizenship And Immigration Services (USCIS).

An informative discussion on a timely topic, next on Employment Law Today!

Tune in for this informative conversation at TalkRadio.nyc or watch the Facebook Livestream by Clicking Here.


Show Notes

Segment 1

Eric starts the show by introducing his guest and topic for the night. In this episode Eirc and his guest, Immigration law attorney, Pablo Velez discuss the current state of employers and immigration policies post covid. Eric talks about Pablo’s experience in law and his education background. Pablo is managing member and co-founder of Velez & Cipriano, PLLC Managing Member firm. Pablo went on to give a brief insight on his background and history and how he got involved in immigration law. Before the first break, Eric and Pablo talked about the changes in immigration law and how it affects employers and employees.

Segment 2

Coming back from the break, Eric and Pablo continued the discussion on the changes in immigration laws since covid. Pablo talked about a clogged system that focused on policies that would make the application process harder or longer. Eric asks Pablo his opinion of the amount of new changes to the in policies since the start of covid. Pablo discussed the mandatory universal travel ban and the recommendations from CDC pre vaccine. He mentions how after further research and successful vaccines CDC possibly influenced Biden's administration to lift travel restrictions.

Segment 3

Coming back from the break Eric asks Pablo a question regarding how Biden's administration’s policies changes impact companies hiring regulations. Pablo wouldn’t describe Biden’s administration as groundbreaking changes. In his opinion he thinks he is reverting back to old policies pre Trump administration. Pablo also talked about how the laws were outdated and how it can affect today’s entrepreneurs. For example there’s no provision on remote employment. He talks about the challenges lawyers face when advising clients with outdated laws.

Segment 4

In the last segment Eric asks Pablo a couple of questions regarding employers and immigration laws. Pablo talks about the responsibility of government agencies and the challenges employers might face in the process. Pablo discusses how his firm advocates for both employers and employees depending on the angle. Towards the end of the segment Pablo gave a number to reach him and his firm. He also left an email to contact him for further concerns.


Transcript

00:05:23.760 --> 00:05:30.570 Eric Sarver, Esq.: Good evening, welcome to employment law today i'm your host Eric savoured i'm an employment law and business law attorney.

00:05:30.840 --> 00:05:38.370 Eric Sarver, Esq.: And I have this weekly live talk radio show and video broadcast every Tuesday evening 5pm Eastern standard time.

00:05:38.700 --> 00:05:48.330 Eric Sarver, Esq.: Where I have guests and we talked about some of the latest employment and business issues that small to mid sized companies in all fields are facing these days.

00:05:48.870 --> 00:06:04.650 Eric Sarver, Esq.: Particularly in light of the covert 19 pandemic and so in that spirit tonight, one of our guests who can speak about immigration law and business is My guess my immigration attorney Pablo velez probably welcome to the show.

00:06:07.380 --> 00:06:12.030 Eric Sarver, Esq.: Oh, I think you might be muted from the station to unmute the microphone there.

00:06:12.690 --> 00:06:14.010 Pablo G. Velez: Oh no problem, thank you for having me.

00:06:15.510 --> 00:06:18.210 Eric Sarver, Esq.: Oh, my pleasure happy to have you on the show for sure.

00:06:19.350 --> 00:06:28.170 Eric Sarver, Esq.: I want to give you a more proper introduction just a moment when I just take our guests into the topic tonight or audience rather can hear what we're going to be talking about.

00:06:28.650 --> 00:06:34.860 Eric Sarver, Esq.: And our topic of discussion is about employees and immigration post coven and what you need to know.

00:06:35.640 --> 00:06:43.380 Eric Sarver, Esq.: and basically we problem I would stressing the other day how between the new administration and the code 19 pandemic.

00:06:44.130 --> 00:06:51.690 Eric Sarver, Esq.: Many employers need to know the latest immigration laws and the changes in policies for business owners and from their employees alike.

00:06:52.380 --> 00:07:02.490 Eric Sarver, Esq.: And this evening Pablo and I will be discussing this new landscape for employers and employees, what it looks like what are some of the new immigration laws and practices.

00:07:03.120 --> 00:07:22.260 Eric Sarver, Esq.: By the UFC is and what do you as a company need to know, and so I want to give Pablo Walesa more fitting introduction, I mentioned that he is in fact an immigration attorney Pablo is also the Managing Member and co founder of the law firm of the less and simply no plc.

00:07:23.340 --> 00:07:29.490 Eric Sarver, Esq.: Mr blaine's is a graduate of the George Washington university's Elliot school of international affairs.

00:07:30.540 --> 00:07:35.850 Eric Sarver, Esq.: and probably received his juris doctorate from the University of Detroit mercy school of law.

00:07:37.200 --> 00:07:44.400 Eric Sarver, Esq.: He also studied abroad at university Utrecht, in the Netherlands so pronounced that correctly.

00:07:45.540 --> 00:07:50.730 Eric Sarver, Esq.: And pathology blesses practice encompasses all areas of immigration law.

00:07:51.840 --> 00:08:01.830 Eric Sarver, Esq.: including an emphasis on business and family immigration and Mr pleasant represented and assisted international and domestic businesses.

00:08:02.250 --> 00:08:14.520 Eric Sarver, Esq.: professionals and individuals from all over the world in the successful filing and petitioning a various immigration and non immigrant visas for corporations families and in for investors.

00:08:15.690 --> 00:08:21.810 Eric Sarver, Esq.: Pablo also has a significant experience with refugee matters hmm interesting, especially with 1000 cases.

00:08:22.290 --> 00:08:32.940 Eric Sarver, Esq.: And, as represented clients and removal proceedings before the United States immigration court so with that impressive backdrop Pablo once again my friend great to have you on the show tonight.

00:08:33.840 --> 00:08:36.510 Pablo G. Velez: Know again, thank you for having me and I really look forward to the chat.

00:08:37.380 --> 00:08:45.030 Eric Sarver, Esq.: Again same here I think it's a really you know pertinent topic for businesses, these days, and for the employees, as well, might be listening or watching tonight.

00:08:46.470 --> 00:08:50.370 Eric Sarver, Esq.: So it kind of brings me to my first question which I asked most of my my guests on the show which is.

00:08:51.300 --> 00:09:02.700 Eric Sarver, Esq.: I read a little bit of a background on you, but can you tell our listeners a bit more about yourself like mainly i'm wondering what prompted you to co found your own law firm and why did you choose immigration law.

00:09:03.600 --> 00:09:24.240 Pablo G. Velez: Sure, so my partner Peter Cypriot Joe and I founded our partnership in 2012, although we had been working together year and a half, prior to that and what brought it on was the fact that we found an interesting market in Japan, which Peter had deep relationships going back two decades.

00:09:24.630 --> 00:09:31.200 Pablo G. Velez: And we found an opportunity to service, a lot of folks who are interested in opening branches and subsidiaries here in the united.

00:09:31.200 --> 00:09:37.380 Pablo G. Velez: States but needed the language support in order to do the legal processes and also.

00:09:37.890 --> 00:09:45.420 Pablo G. Velez: Just to send over their executives managers and specialist workers on different visa categories, whether it be short term in terms of.

00:09:45.900 --> 00:09:51.390 Pablo G. Velez: Temporary work visa is or in the longer term, through investment or getting actual green cards.

00:09:51.930 --> 00:09:57.960 Pablo G. Velez: So we found sort of a nice practice around that in our practice really focuses on the Japanese market.

00:09:58.590 --> 00:10:10.740 Pablo G. Velez: However, we do service clients from all around the world, and we do practice in all 50 states is immigration laws federal, so we do represent clients all over the country, and also in all embassies and consulates worldwide.

00:10:11.370 --> 00:10:22.410 Eric Sarver, Esq.: hmm interesting interesting how you had the prehistory with your now your law firm partner, but how you had this like opportunity in this market in another country Japan.

00:10:23.220 --> 00:10:34.260 Eric Sarver, Esq.: I know a lot of attorneys, myself included, being in a minute the practice in the federal state and appellate courts in New York state, for example, may be geared towards more like one state, one area.

00:10:35.100 --> 00:10:44.070 Eric Sarver, Esq.: I mean employment law is federal to but they're often very statewide claims that go along with the cases and state laws agencies involved, but training spotlight back to you Hello.

00:10:45.030 --> 00:10:56.880 Eric Sarver, Esq.: yeah I can see how, if you have that opportunity to service companies abroad and that could be a nice segue into companies here so it's interesting to have that kind of background, when you in immigration law prior to.

00:10:57.600 --> 00:11:04.800 Eric Sarver, Esq.: When you prior to 2010 or 2012 is that an area that you are practicing as well, or is it more likely that your initial.

00:11:05.820 --> 00:11:14.910 Pablo G. Velez: I was it, I was always interested in the subject it actually started my second year of law school when I took an immigration law course.

00:11:15.360 --> 00:11:22.920 Pablo G. Velez: And then that turned into working in an asylum clinic which basically my life my law school at the time, ran.

00:11:23.550 --> 00:11:31.320 Pablo G. Velez: which saw people from all around the world who were applying for asylum being that they were politically persecuted in their home countries.

00:11:31.680 --> 00:11:45.000 Pablo G. Velez: or because of religion, sexual orientation or any of those protected categories, so I got really interested in sort of assisting my professor in preparing those files and arguing them before the immigration court and just putting in the filings.

00:11:45.870 --> 00:11:53.250 Pablo G. Velez: Also, when I decided to sort of take more of an employment route I.

00:11:53.880 --> 00:12:01.470 Pablo G. Velez: studied under fragment as well, while I was in law school too, so I had a really nice opportunity to sort of learn both sides of the law, the family based.

00:12:02.100 --> 00:12:10.860 Pablo G. Velez: And the employment based investment based so that was really interesting to me because, then I really started to see how business moves cross border.

00:12:11.280 --> 00:12:14.010 Pablo G. Velez: and assisting companies, you know not just companies that are.

00:12:14.070 --> 00:12:23.520 Pablo G. Velez: Coming over to the US again to open branches and subsidiaries, but also US companies who hire foreign workers and the different categories that come with that and how also.

00:12:24.210 --> 00:12:38.070 Pablo G. Velez: foreign students who are here, studying you know either bachelor's degrees are in masters programs or doctoral programs who end up staying in the US, because the US company decides to hire them and that whole process so we're deeply involved in in all that.

00:12:38.490 --> 00:12:45.180 Eric Sarver, Esq.: huh yeah i'm in a year that there's certainly it's helpful, you know to be handling in companies and corporate America in business.

00:12:45.930 --> 00:12:56.820 Eric Sarver, Esq.: For people from all walks of life, all backgrounds, all countries and national origin, and I think it's a good thing that you you're able to tap into that and you mentioned, you know the different assistance type service you provided.

00:12:57.990 --> 00:13:05.190 Eric Sarver, Esq.: So good to have your you could ask me a backdrop, I always find it kind of gets our audience to know you better and to know like your history.

00:13:06.510 --> 00:13:14.460 Eric Sarver, Esq.: And i'm wondering if we can talk a little bit about the immigration line, now the current state that say over the last few years.

00:13:15.630 --> 00:13:23.430 Eric Sarver, Esq.: What have been some of the biggest changes you've seen Pablo in immigration law let's say since like January 2017 for.

00:13:24.210 --> 00:13:27.840 Pablo G. Velez: Sure, so basically when the trump administration came in.

00:13:37.410 --> 00:13:40.350 Eric Sarver, Esq.: might be a little frozen their public and you can hear us.

00:13:46.050 --> 00:13:48.000 Eric Sarver, Esq.: One second folks is ceviche.

00:13:55.980 --> 00:13:59.340 Eric Sarver, Esq.: i'm sure we're going to hear a very interesting response in public in just a moment.

00:14:10.830 --> 00:14:17.490 Eric Sarver, Esq.: I was like to build dramatic effect on my Shell keep the audience in suspense so we're doing that right now.

00:14:18.750 --> 00:14:25.080 Eric Sarver, Esq.: let's definitely we may have temporarily lost it Pablo i'm sure he'll Oh, there is.

00:14:26.610 --> 00:14:34.230 Eric Sarver, Esq.: there's probably he's back yes that's where I Pablo happens I think you'd have to unmute your MIC and you begin all set go.

00:14:34.290 --> 00:14:34.740 Pablo G. Velez: search for the.

00:14:34.950 --> 00:14:35.670 Eric Sarver, Esq.: word that happened.

00:14:36.300 --> 00:14:50.160 Eric Sarver, Esq.: happened in the past, you know we all know, the zoom that is there, you did freeze at the very beginning of your answer, so perhaps I pose the same question it's good to have a cap, I was joking kept our audience building suspense like what's the answer, going to be, you know.

00:14:51.300 --> 00:14:53.670 Eric Sarver, Esq.: So, but yeah if you wouldn't mind just.

00:14:54.750 --> 00:15:02.520 Eric Sarver, Esq.: Maybe repeating what you were saying there in terms of like what the biggest changes that you've seen in the last several years.

00:15:03.090 --> 00:15:08.940 Pablo G. Velez: Sure absolutely so you know in 2017 January 20 2017 the trump administration.

00:15:09.660 --> 00:15:16.710 Pablo G. Velez: took a very hard line with respect to immigration and they wanted to really tighten things up, so it did two things in essence.

00:15:16.980 --> 00:15:27.540 Pablo G. Velez: First, it created a an incredible demand at first, because a lot of folks were just really paranoid about their particular status, so we saw applications really surge at that point.

00:15:28.380 --> 00:15:42.090 Pablo G. Velez: Without usc is scaling up, so there were a lot of delays things that used to take 90 days so for, for example, naturalization now take a year because there were so many people applying and again there there wasn't scaling there.

00:15:43.110 --> 00:15:52.350 Pablo G. Velez: So we saw that we also saw the introduction of employment based Green Card interviews which before most of that was taken care of transactional Lee.

00:15:52.740 --> 00:15:59.220 Pablo G. Velez: But now the government putting a policy to have folks actually show up and explain to an immigration officer.

00:15:59.520 --> 00:16:06.750 Pablo G. Velez: What it was that they did for a living and just go through the motions of applying for a green card as if though they had to.

00:16:07.170 --> 00:16:18.690 Pablo G. Velez: Prove some bona fides in front of that officer which doesn't really have the background and what they do so, you know long story short, you know and not to be political again but, but just it over complicated things in.

00:16:18.810 --> 00:16:20.310 Pablo G. Velez: Sure, probably purposely so.

00:16:21.600 --> 00:16:32.670 Pablo G. Velez: And then you know, the second sort of large change that came was a coronavirus and just having the pandemic, which gave the government basically.

00:16:33.120 --> 00:16:45.960 Pablo G. Velez: decided to shut down every Embassy and consulate for visa processing on march march 20 of 2020 and we're just starting to see reopening is now as of January.

00:16:46.350 --> 00:16:54.510 Pablo G. Velez: Of this year because of the change in administration, and it seems like the prior administration would have also probably done the same.

00:16:55.020 --> 00:17:03.810 Pablo G. Velez: But you know we will never know at this point, but, but basically long story short, is that the pandemic was a way of basically completely shutting down.

00:17:04.680 --> 00:17:18.840 Pablo G. Velez: Not only inbound immigration for people with new visas, but also different categories, so there were several worker visa categories that we're not allowed to the US during the election year, and you know again it's it's sort of a political.

00:17:19.770 --> 00:17:21.120 Pablo G. Velez: maneuvering more than anything.

00:17:22.500 --> 00:17:27.690 Pablo G. Velez: So, so now that that's all past we basically saw the reversal of a lot of these policies but.

00:17:28.080 --> 00:17:35.610 Pablo G. Velez: Some of the more public health ones, are still in place, although as of yesterday, so this is sort of brand new and good timing.

00:17:36.030 --> 00:17:41.070 Pablo G. Velez: With respect, our chat the vine administration did announced that they were going to ease restrictions.

00:17:41.460 --> 00:17:48.870 Pablo G. Velez: For about 30 countries in terms of coming into the US if the folks are fully vaccinated and this is going to start around November so.

00:17:49.590 --> 00:17:57.270 Pablo G. Velez: So it should be interesting to see foreign travel is going to pick up again and I think that's going to probably reciprocate as well for US citizens going overseas.

00:17:58.650 --> 00:18:05.970 Eric Sarver, Esq.: No, I have a few thoughts and comments what you're saying and just to take in digested Friday and Saturday, we do have to take our first commercial break.

00:18:06.750 --> 00:18:12.630 Eric Sarver, Esq.: So I just said that's monitors get a couple of questions in there i'll just tell our audience that you are.

00:18:13.110 --> 00:18:19.980 Eric Sarver, Esq.: watching and listening to employment law today i'm your host erick savoured I guess tonight Pablo velez.

00:18:20.400 --> 00:18:24.270 Eric Sarver, Esq.: immigration law attorney and co founder of the lessons are brown of plc.

00:18:24.600 --> 00:18:37.140 Eric Sarver, Esq.: When we come back on track with nyc i'll be speaking with powerful about some of these changes there's additional he just discussed, as well as some challenges that these changes may pose to you as a business owner so stick around folks we'll be right back.

00:20:50.430 --> 00:20:58.410 Eric Sarver, Esq.: Welcome back folks to employment law today i'm your host erick solver and i'm an employment law business law attorney and i'm here tonight with fellow.

00:20:58.830 --> 00:21:12.240 Eric Sarver, Esq.: counter of mine attorney pavlova lead immigration lawyer and Pablo just answering our question about highlighting some of the biggest changes in immigration law during the past several years and I appreciate your.

00:21:13.320 --> 00:21:21.000 Eric Sarver, Esq.: desire to keep it not so critical in terms of the focus to show I do recognize it for sick that when I chose this topic that it is it.

00:21:21.540 --> 00:21:29.700 Eric Sarver, Esq.: was one that may have some political overtones, so you know don't worry don't feel shy to discuss on the political aspects I think it's kind of.

00:21:30.330 --> 00:21:35.190 Eric Sarver, Esq.: Part of the par for the course of immigration law, you know just as a but I appreciate that you know you're.

00:21:35.820 --> 00:21:41.700 Eric Sarver, Esq.: I mean my takeaway from that was talked about how pre co and 19 there are all these policies that were.

00:21:42.180 --> 00:21:46.410 Eric Sarver, Esq.: I heard a bit of more restrictive right in their application, whether it's a cutting out.

00:21:46.920 --> 00:21:53.070 Eric Sarver, Esq.: Certain classes in categories of people who are entitled to a work visa whether it's the it was the trump administration's.

00:21:53.880 --> 00:22:05.550 Eric Sarver, Esq.: Making you know, making it harder it sounded like to get a work visa by having to appear before an officer and give an interview to justify one's employment based reason for a visa to.

00:22:06.210 --> 00:22:19.200 Eric Sarver, Esq.: Maybe, perhaps, and obviously you might not have enough skill and backdrop to understand that person say medical or technological expertise, but that'd be kind of a fair assessment, but i'm putting out there, why lower.

00:22:20.250 --> 00:22:21.210 Pablo G. Velez: It is fair and.

00:22:21.270 --> 00:22:29.100 Pablo G. Velez: You know it's really it's it's really you know, more so than restrictive it just clog the system.

00:22:30.750 --> 00:22:40.020 Pablo G. Velez: And caused a lot of delays, so you know, legally, a lot of different measures that were taken during the time so, for instance.

00:22:40.680 --> 00:22:52.140 Pablo G. Velez: Focusing on a public charge disclosure which got struck down by Federal Court and in came off the books, because the government was interested in denying folks status, who.

00:22:52.560 --> 00:23:03.870 Pablo G. Velez: had, for one reason or another, at some point during their stay in the US taking public assistance for some reason and had to disclose that and that would sort of borrow them from either extending their stay or moving forward.

00:23:04.770 --> 00:23:20.520 Pablo G. Velez: The specific disclosure in detail as as was asked, among other things like their credit score he had a credit card for some reason and having a show bank accounts and different things of this nature were were struck down this past summer.

00:23:21.660 --> 00:23:28.800 Pablo G. Velez: So that was that was just one of the measures I would say or i'm sorry the summer before 2020.

00:23:30.000 --> 00:23:35.190 Pablo G. Velez: But we saw it, we saw a lot of that as well as you know, smaller measures like.

00:23:36.450 --> 00:23:45.780 Pablo G. Velez: not giving deference to past approvals, which is for someone who had already held a status and was currently in a status and was renewing based on the fact that.

00:23:46.290 --> 00:23:53.340 Pablo G. Velez: No substantial changes had come to their employment employer or skill set or any other factors.

00:23:54.210 --> 00:24:01.410 Pablo G. Velez: That was given deference and that was a way for immigration to sort of streamline the process of getting those folks through as opposed to taking a first look.

00:24:01.950 --> 00:24:11.640 Pablo G. Velez: In 2017 that all got thrown out the window and basically they were looking at every single petition as though it were, for the first time, so you had to justify everything about yourself.

00:24:12.870 --> 00:24:18.750 Pablo G. Velez: All over just you know, adding on adding on more work and again just making it more burdensome.

00:24:19.560 --> 00:24:33.870 Eric Sarver, Esq.: right also imagine, creating a backlog figures yeah these you know prior that the different issue where you were 168 you know demonstrate your status and and now you couldn't just like rely on that to come back so now there's a whole process same as everyone else who's.

00:24:34.980 --> 00:24:47.190 Eric Sarver, Esq.: who's coming let's say you're seeking a certain immigration, you know work visa I imagine that was it must have been really you know conversation, not just to the employees coming in, but I guess my question and i'm wondering.

00:24:48.210 --> 00:24:56.790 Eric Sarver, Esq.: kind of thinking about say entry for others to perhaps thinking about how these kind of extra burdens on the employee the immigrant.

00:24:57.450 --> 00:25:01.230 Eric Sarver, Esq.: You know the person coming seeking status or seeking as a work visa.

00:25:02.040 --> 00:25:11.730 Eric Sarver, Esq.: how this might impact the employer, like, for example, an employer might be say relying on like a certain level of skill and talent and executive employee.

00:25:12.180 --> 00:25:15.720 Eric Sarver, Esq.: expecting them to come into the back into their workplace and then.

00:25:16.140 --> 00:25:24.630 Eric Sarver, Esq.: hearing that they're not give being given difference and have to go through the process again or let's say you know hiring somebody planning that work structure around that person's hiring.

00:25:25.080 --> 00:25:28.410 Eric Sarver, Esq.: only to find that that personally went for interview before you know, a.

00:25:29.370 --> 00:25:38.790 Eric Sarver, Esq.: Immigration officer and the immigration officer denied them the visa because they don't understand their expertise, you know that special actress visa.

00:25:39.750 --> 00:25:49.470 Eric Sarver, Esq.: That, I believe, is black now right now is it oh one visas, the expert I know it's the it's the expertise i'm actually blanking on his pH will one of the hb.

00:25:49.620 --> 00:26:04.830 Pablo G. Velez: Sure, so the oh one is for someone with extraordinary ability in their field so someone who's at the top of their field, and then the H1 B is a temporary work visa for folks who have bachelor's degrees or higher and require that particular skill set for their job.

00:26:05.640 --> 00:26:10.710 Eric Sarver, Esq.: Right right Center called the one being that that category, the certified skilled and.

00:26:11.790 --> 00:26:21.150 Eric Sarver, Esq.: Right and so so it's probably been the pandemic when that you know struck, and it was still overlapping with the administration.

00:26:22.350 --> 00:26:34.020 Eric Sarver, Esq.: i'm wondering how many changes in relation like do you think where we're based came around like right when that pandemic kid and how many were sort of how many, how many were new changes and how many.

00:26:34.560 --> 00:26:43.350 Eric Sarver, Esq.: Say policies and laws were just sort of like reinforcing the changes that the trump administration man implemented in 2017 18 and 19.

00:26:44.850 --> 00:26:59.400 Pablo G. Velez: Well, I mean knows a lot of them were very much focused on having sort of a public health slant so At first it was about universal travel bands, it was about keeping folks out of the country under.

00:27:00.360 --> 00:27:06.840 Pablo G. Velez: The recommendation of the CDC at the time, which you know when all of us, you know all over the world, there was no vaccine, there was no.

00:27:07.950 --> 00:27:19.890 Pablo G. Velez: Prior history or way of dealing with the coronavirus so everyone just wanted to do the most restrictive thing possible and in lockdown and you know it was it was rational for a time.

00:27:20.970 --> 00:27:33.630 Pablo G. Velez: But now the CDC as well as other medical bodies have taken a look at this and I think that's why the fight and registration decided to ease those restrictions, even on countries that got on the CDC list.

00:27:34.800 --> 00:27:45.480 Pablo G. Velez: Because it was just a matter of time before you know the vaccine would roll out, it would prove to be effective and then folks who are vaccinated whether they're Americans or from elsewhere.

00:27:45.960 --> 00:27:54.570 Pablo G. Velez: You know we're all humans would affect us all the same way and we have the same sort of common immunity, although we've seen variants and things like that is a.

00:27:54.570 --> 00:27:57.780 Pablo G. Velez: Whole we're in a much better position at state so.

00:27:58.530 --> 00:28:07.920 Eric Sarver, Esq.: Yes, and for sure yeah I can definitely see how like you know, I think, maybe component there Pablo that some of the restrictions, I say on immigration on.

00:28:09.480 --> 00:28:16.230 Eric Sarver, Esq.: On people come into the country, and so forth during that, especially the height of in the beginnings of the Covenant team pandemic.

00:28:16.620 --> 00:28:23.580 Eric Sarver, Esq.: Especially for immigration for effecting employers affecting everybody some of those restrictions may have been, as you pointed out, and justified invalid.

00:28:24.300 --> 00:28:32.640 Eric Sarver, Esq.: practice for coming on the heels of or the tail of so many draconian restriction that seem to have perhaps not much of a rationale besides, maybe.

00:28:33.420 --> 00:28:43.560 Eric Sarver, Esq.: Like political you know jogging or gain or we're trying to keep people out that I can to reporters it may have been impacted you know by that but, like the restrictions on the less.

00:28:44.490 --> 00:28:56.070 Eric Sarver, Esq.: i'm wondering if I hadn't especially come to mind about when we all kind of went into zoom mo during lockdown and even you align our speaking on June 7 in these talk radio nyc star studio.

00:28:56.910 --> 00:29:01.590 Eric Sarver, Esq.: Do you think that being mostly remote workforce, for they say the first year, the pandemic that that.

00:29:02.490 --> 00:29:13.890 Eric Sarver, Esq.: increase that say like for employers immigration challenges in terms of hiring talent overseas didn't have no effect because people can simply work from where they are and then have to come into the country.

00:29:14.490 --> 00:29:18.930 Pablo G. Velez: So that's it's kind of interesting because there is a mix result there.

00:29:21.600 --> 00:29:33.510 Pablo G. Velez: The what we saw a lot of as a firm or clients who were coming to us, or some sometimes potential clients sometimes folks who actually were able to retain us and we were able to help.

00:29:34.410 --> 00:29:44.700 Pablo G. Velez: was the fact that, because of the move to zoom in remote also due to the fact that a lot of lockdowns just.

00:29:45.090 --> 00:29:50.370 Pablo G. Velez: sort of threw us into a recession in the sense that there just wasn't a demand for certain services certain goods.

00:29:50.880 --> 00:29:56.160 Pablo G. Velez: A lot of folks lost their employment during the early days of the pandemic and even throughout.

00:29:56.790 --> 00:30:06.900 Pablo G. Velez: So the issue is when companies decide to downsize are they still liable to pay their workers, you know and another question is.

00:30:07.470 --> 00:30:16.230 Pablo G. Velez: Can they bring them on as independent contractors now typically the answer to these questions is yes, they are liable, because they are sponsoring them and they.

00:30:16.620 --> 00:30:23.130 Pablo G. Velez: had said that they were basically going to keep them on so as long as they are, they can no longer sponsor them.

00:30:23.580 --> 00:30:37.080 Pablo G. Velez: Then they do have to let them go and there goes the visa outside of having a 60 day grace period where an individual has some time to wrap up their affairs and or find other employment similar similarly situated.

00:30:38.250 --> 00:30:48.090 Pablo G. Velez: And then the other thing is, can they move them to freelance work or pay them as contractors and sort of get around the laws that way, and the answer, there is generally no.

00:30:48.450 --> 00:30:55.800 Pablo G. Velez: Because when a company does bring someone on they bring them on as employee w two employee specifically so.

00:30:56.700 --> 00:31:08.250 Pablo G. Velez: They do have to respect that relationship and dynamic and they can make them a 1099 independent contractor and and pay them that way, just to keep them in the States unless.

00:31:08.700 --> 00:31:20.700 Pablo G. Velez: And the one clear exception is the oh one extraordinary ability visa that allows for that kind of employment, either on initial filing when you do tell immigration that you're going to do that or.

00:31:21.090 --> 00:31:25.050 Pablo G. Velez: If you amend your petition to state that you're going to work for multiple.

00:31:25.050 --> 00:31:36.420 Pablo G. Velez: Employees or you're going to work on that basis, so there's a little bit of flexibility with fat category only all the other categories are very much in that w two employer employee relationship.

00:31:36.960 --> 00:31:45.300 Eric Sarver, Esq.: Right essentially how our I think our fields as employment Labor law business line is immigration law of overlap and these regards I mean.

00:31:45.660 --> 00:31:52.080 Eric Sarver, Esq.: You know I hear you talking about i'd say the issue of when it comes to sponsoring say, these are you know, in an.

00:31:52.650 --> 00:32:00.240 Eric Sarver, Esq.: Employee we can weapons if the employees, employers say are furloughing as they did a lot during the name of other people go.

00:32:00.660 --> 00:32:06.300 Eric Sarver, Esq.: What happens to the visa what happens to the person being sponsored and so you're talking about the issue of i'd say you know.

00:32:07.020 --> 00:32:13.050 Eric Sarver, Esq.: Independent contractors visit w two employees it's interesting how those issues came up because I dealt with those issues from for businesses.

00:32:13.350 --> 00:32:18.900 Eric Sarver, Esq.: As an employment layers So the question was often linked say you know we have to pay our work is still in on furlough.

00:32:19.260 --> 00:32:28.170 Eric Sarver, Esq.: And if we don't have to hold their job to them, it was a different analysis, but it was very similar that was economically driven right and a lot of like economic factors going on, you know companies.

00:32:28.830 --> 00:32:35.100 Eric Sarver, Esq.: Were pulling in their belts very tightly right the economy got squeezed and a lot of.

00:32:35.610 --> 00:32:44.610 Eric Sarver, Esq.: services were not able to be provided, especially in hospitality, or you know entertainment travel, so I did see a lot of the you know, the issues of.

00:32:45.390 --> 00:32:52.230 Eric Sarver, Esq.: companies wanting to make some independent contractor, and there I think it was a different question outside the immigration status as question of.

00:32:53.160 --> 00:32:58.380 Eric Sarver, Esq.: Is this person doing different duties are they still beholden to you, you have autonomy direction and control over them.

00:32:58.770 --> 00:33:02.250 Eric Sarver, Esq.: But I can see how a company may have in society to switch to.

00:33:02.640 --> 00:33:10.680 Eric Sarver, Esq.: Independent contractors and they may have passed the test from an employee perspective, maybe they we juggle the person schedule, give them control when they can work.

00:33:11.040 --> 00:33:17.070 Eric Sarver, Esq.: change your hours to accommodate whatever the person wants to do but them negotiate their other workers other companies.

00:33:17.700 --> 00:33:32.190 Eric Sarver, Esq.: But they made that work and may still it's they have a visa and they're not a one think what I hear you saying is that if they're not who can jeopardize their their visa status, which could have been against privacy on the casualty almost of the pandemic.

00:33:33.780 --> 00:33:46.110 Pablo G. Velez: Yes, that's absolutely correct, so you know part and parcel of the sponsorship and that employer employee relationship is maintaining that status with the irs anyway.

00:33:46.860 --> 00:33:54.090 Pablo G. Velez: outside of you know just being able to pay this worker and having them perform the work and which would they were sponsored.

00:33:54.540 --> 00:34:01.500 Pablo G. Velez: So it's really important for a visa maintenance, especially if they're going to renew or extend their visa.

00:34:01.860 --> 00:34:17.280 Pablo G. Velez: domestically, as well as you know, internationally, if they do it in the consulate but what became much more prevalent for folks who are already here was wanting to extend their stay because you know, once you leave the US, especially if you were from certain countries in the EU.

00:34:18.480 --> 00:34:27.210 Pablo G. Velez: China, India, Brazil, it was very, very difficult to come back and even get an appointment through consular processing, it still is, we are seeing.

00:34:27.780 --> 00:34:39.150 Pablo G. Velez: You know, within the next month or so we'll see some easing there, but you know, for the last 18 months it's been very, very difficult to do that, so you know, in order to basically change or maintain status.

00:34:39.990 --> 00:34:51.630 Pablo G. Velez: Being here in the US extended, you do have to be in compliance with not only immigration, but also the Labor department, the irs and just be able to show all of that proof upon upon finally.

00:34:52.440 --> 00:35:04.020 Eric Sarver, Esq.: that's excellent point about the other aspects, you need to comply with the law we it's time for another commercial break, but when we come back to blend a lot today with my guest Pablo velez.

00:35:04.590 --> 00:35:21.510 Eric Sarver, Esq.: will talk about the future looking forward updates and changes the immigration law since the new binaries administration will talk about looking at the pandemic and beyond, and what are the challenges we see so stick around you're on talking to nyc and we will be right back.

00:38:01.080 --> 00:38:11.850 Eric Sarver, Esq.: Welcome back to employ a lot today i'm your host erick solder here tonight with my guest Pablo for that immigration law attorney co founder of the lead and SIP piano plc.

00:38:12.210 --> 00:38:23.100 Eric Sarver, Esq.: And we're talking about our topic which is employers and immigration postcode what you need to know talking about some changes in immigration law what employers can expect what workers can expect.

00:38:23.670 --> 00:38:30.060 Eric Sarver, Esq.: And so I had a question for you, though, you did touch upon earlier say would be intimidating changes from the updates.

00:38:30.450 --> 00:38:36.210 Eric Sarver, Esq.: Integration library from the bite administration, I think you're talking about say eating certain restrictions in certain countries.

00:38:37.020 --> 00:38:45.210 Eric Sarver, Esq.: Opening up the conflicts, probably potentially again wider to screen and file different applications, if I got that correct.

00:38:46.110 --> 00:38:53.310 Eric Sarver, Esq.: or a certain category being more lacks that so I heard some practice, one might argue positive changes in terms of a more inclusive.

00:38:53.730 --> 00:38:59.460 Eric Sarver, Esq.: view of integration and a welcoming you have let's get everyone to work together i'm wondering.

00:39:00.000 --> 00:39:13.020 Eric Sarver, Esq.: How would some of these changes and other changes in the by the administration how might they impact, for example, at a companies hiring policies like how they consider when they're hiring obviously talents towards your company.

00:39:14.040 --> 00:39:21.510 Pablo G. Velez: Sure, so you know at the moment, I would say that that the changes being made or incredibly groundbreaking.

00:39:22.020 --> 00:39:39.930 Pablo G. Velez: in the sense that it's not so much that the administration is proposing new ideas they're just simply reverting back to the way that things were and just in general, just to sort of criticize the overall immigration system, and this is, you know, a general criticism that it gets from.

00:39:39.960 --> 00:39:42.150 Pablo G. Velez: from all sides and even from itself.

00:39:42.480 --> 00:39:53.520 Pablo G. Velez: Is that it's very broken in the sense that the law is just extremely outdated for what it is and just to kind of give you an example of one of the issues is and you brought it up.

00:39:54.240 --> 00:40:05.400 Pablo G. Velez: Before, although not directly was the remote work there's really not a provision about remote work when it comes to immigration, they sort of still.

00:40:06.030 --> 00:40:14.010 Pablo G. Velez: expect that folks will be in a physical office location, and this is even become you know sort of an issue when applying for certain categories.

00:40:14.310 --> 00:40:24.840 Pablo G. Velez: When a company has to show that they're going to have a physical office space where they will require an individual to physically appear, I mean there is some logic to it in the sense of well if they can do it remotely.

00:40:25.230 --> 00:40:31.740 Pablo G. Velez: You know why not just do it from where they are, although there's another argument which could be made if you know time differences are completely shifted then.

00:40:32.100 --> 00:40:39.030 Pablo G. Velez: There is there's a very practical reason for bringing someone at least into your time zone, and you know practically speaking that might only give them certain options that.

00:40:39.750 --> 00:40:49.980 Pablo G. Velez: they're there a lot of these sort of technological innovations that have been made, the law hasn't kept up with, so you know as lawyers, we find ourselves sort of challenge to.

00:40:50.460 --> 00:40:54.420 Pablo G. Velez: figure out how to advise clients around these and how to you know sort of.

00:40:55.020 --> 00:41:01.950 Pablo G. Velez: Tell different companies, you know what they may and may not do and explain to them why, when it's very common practice to use a lot of this.

00:41:02.400 --> 00:41:11.280 Pablo G. Velez: technology to leverage value and then that sort of conflict, sometimes with the with the immigration, but I i'm really hoping, especially because the.

00:41:12.360 --> 00:41:25.890 Pablo G. Velez: head of Homeland Security was a former usc is director that there'll be a lot of this common sense at least you know they'll they'll take a look at a lot of these policies and come up with common sense solution is because you know.

00:41:25.890 --> 00:41:34.320 Pablo G. Velez: it's it's really somewhere that they can find a bipartisan room to agree that you know it's time to modernize yeah hopefully that happens.

00:41:35.340 --> 00:41:40.260 Eric Sarver, Esq.: I hope so too, I mean nothing innovation fund everything you described, including.

00:41:40.890 --> 00:41:50.790 Eric Sarver, Esq.: The antiquated notion that people are all working in the office you know going in and not remotely and also, I do see the rationale that's interesting about what and if they're working remotely why.

00:41:51.180 --> 00:41:59.160 Eric Sarver, Esq.: Do they need to have the sponsorship from a company here, but then to your counterpoint that new perhaps the company wants to bring them in.

00:42:00.000 --> 00:42:06.180 Eric Sarver, Esq.: Maybe for key conferences and meetings, maybe just for, as you mentioned timezone differences if somebody is you know six hours behind us.

00:42:06.480 --> 00:42:21.210 Eric Sarver, Esq.: And you schedule a call for for 9am 10am that's three or four in the morning for them so Similarly, if you use the word from the end of the day, you know and they send it or I say first thing in the morning to get a little tricky to schedule a conference call, so I definitely see those.

00:42:22.440 --> 00:42:28.830 Eric Sarver, Esq.: Those those issues and it's interesting to note that the Bible administration change what i'm hearing is they're not groundbreaking.

00:42:29.190 --> 00:42:35.760 Eric Sarver, Esq.: I thought, if interested, they are, and I thought, are they didn't know didn't know, then he, but I think it's like sort of, as you said that kind of reverting back.

00:42:36.930 --> 00:42:51.210 Eric Sarver, Esq.: To pre trump administration, I always find it a kick when not a cake, but interesting when the Department of Labor or say usc is, which is for those know now is since the US citizenship and immigration services right.

00:42:52.080 --> 00:43:00.930 Eric Sarver, Esq.: I find interesting when these say that the agency, they don't you know update their policies to reflect the times good examples employment law.

00:43:02.040 --> 00:43:12.330 Eric Sarver, Esq.: department of Labor often will ask an employer a bunch of questions to determine if their workers or incorrectly classified so company hires and a few independent contractors a few employees.

00:43:13.200 --> 00:43:21.030 Eric Sarver, Esq.: Pardon me the department Labor says we don't think these independent contractors are correct and classify they should be employees there's a series of questions.

00:43:21.420 --> 00:43:27.600 Eric Sarver, Esq.: And in terms of your point about the technology you've been behind the immigration laws, one of the questions they'll ask is.

00:43:28.020 --> 00:43:34.650 Eric Sarver, Esq.: That do you have your own advertising, so the last year advertising in the telephone book right your services, Joe and had put you know, do you take out.

00:43:35.310 --> 00:43:43.980 Eric Sarver, Esq.: ads like a newspaper, because they want to see if the worker has their own business and clients are they mostly just an actually one person, one company employee.

00:43:45.180 --> 00:43:52.800 Eric Sarver, Esq.: I have expressed kind of counter that you know it is 2021 and you know some some employers and that I think when I heard of a phone book.

00:43:53.220 --> 00:43:59.220 Eric Sarver, Esq.: There they asked you what is a phone book what is that young startup strictly apple makes me feel old i'll admit but.

00:43:59.940 --> 00:44:05.430 Eric Sarver, Esq.: You know, so they advertise it on social media linkedin so anyway it's just kind of relating in terms of that.

00:44:06.030 --> 00:44:18.330 Eric Sarver, Esq.: I think a lot of companies are facing issues in immigration law employment law IP law where the law is not caught up with modern living and now that the current economic has changed man living alive.

00:44:18.990 --> 00:44:30.600 Eric Sarver, Esq.: i'm kind of curious to see what happens if the integration, do you think immigration laws will start to change more to reflect the change landscape of the of the business and one.

00:44:31.620 --> 00:44:33.120 Pablo G. Velez: i'm optimistic that they.

00:44:33.180 --> 00:44:41.580 Pablo G. Velez: will only because I think that there is definitely an interest there, especially for US businesses.

00:44:42.030 --> 00:44:53.700 Pablo G. Velez: Especially in certain areas, such as the tech sector, where we have so much foreign talent coming in, and you know, one of the misnomers and things that I love to.

00:44:54.120 --> 00:45:03.270 Pablo G. Velez: Leave folks with is that you know there's this whole conversation about people from overseas coming in and taking us jobs but.

00:45:04.110 --> 00:45:19.020 Pablo G. Velez: The truth being is that you know, not only are they doing you know, on every level they're doing a lot of jobs that Americans just aren't doing, not just because the skill set, but also because you know if they do go to college they're just not focusing on those stem professions.

00:45:19.380 --> 00:45:23.610 Pablo G. Velez: Focusing on science and math and those different things where other countries do.

00:45:25.110 --> 00:45:44.910 Pablo G. Velez: there's also the fact that these folks tend to be more entrepreneurial so they end up in the long run, creating more us jobs funny enough, a lot of my clients, for instance, who are US companies hiring foreign workers are owned by immigrants.

00:45:45.060 --> 00:45:45.630 Eric Sarver, Esq.: and

00:45:45.690 --> 00:45:51.480 Pablo G. Velez: You know, it happens, it happens, more likely than not believe it or not, and I don't know if that's really a product of.

00:45:51.960 --> 00:46:00.960 Pablo G. Velez: me being in New York that that's that's a bit of it, you know just us being in this area, but i've also seen the same for other parts of the country as well.

00:46:01.290 --> 00:46:06.990 Pablo G. Velez: engineering firms and things like that, and these folks will tell me their story when i'm interviewing them.

00:46:07.290 --> 00:46:17.670 Pablo G. Velez: To see if we're a good fit they'll tell me well you know i'm very familiar with the H1 B classification because before I started this business that was my visa, then my company sponsored me I got my Green Card.

00:46:18.000 --> 00:46:23.130 Pablo G. Velez: And then, after years of service, I decided to branch off on my own, and I created my own, you know company.

00:46:23.460 --> 00:46:31.860 Pablo G. Velez: And that story is extremely common and it's going to keep happening because you know folks are really they really appreciate the American without all the American platform.

00:46:32.250 --> 00:46:38.160 Pablo G. Velez: for employment, which is basically you can come here, you can work for a company, but you can also start your own.

00:46:38.520 --> 00:46:44.460 Pablo G. Velez: there's so many resources to take advantage of if you, you know just putting the time in the hustle and that's really what this.

00:46:44.880 --> 00:47:00.330 Pablo G. Velez: country's been built on and that's what folks have come here to do is to build something from scratch, so you know, I hope that you know just moving forward the politicians really like just go back to the spirit of that and also looking at common sense.

00:47:01.500 --> 00:47:07.050 Pablo G. Velez: modernization and combining those two I think I think it I think it's necessary.

00:47:08.370 --> 00:47:21.210 Eric Sarver, Esq.: I, like you just spoke to every point that I firmly believe in and actually was to the makeup of the points you made them so elegantly and so well, yes, absolutely it's the myth needs, I think, to be shattered that that.

00:47:21.840 --> 00:47:29.280 Eric Sarver, Esq.: Immigration and immigrants that are taking jobs that, as you pointed out, like if they're bringing talent and even create their own companies they're creating jobs right there arguably.

00:47:30.000 --> 00:47:39.510 Eric Sarver, Esq.: it's a win, win, so I think you said it really best and i'll leave it on the question on that note i'll know that we have to take one more commercial break when we come back i'll ask probable as.

00:47:39.840 --> 00:47:44.070 Eric Sarver, Esq.: My guest tonight so just questions about looking ahead, beyond the pandemic and.

00:47:44.760 --> 00:47:58.200 Eric Sarver, Esq.: How it helps companies to to address these issues so you're listening to implement a lot today that our station here is talk radio dot nyc lots of really great shows throughout the week so stick around Pablo and I will be right back.

00:48:28.290 --> 00:48:31.710 uninformed about menopause and how it impacts on your life.

00:50:01.080 --> 00:50:08.310 Eric Sarver, Esq.: Welcome back to employment law today I am your host erick savoured the show is go so quickly, I think, because I enjoyed the conversation and I guess.

00:50:08.850 --> 00:50:12.570 Eric Sarver, Esq.: We have about 10 minutes left Pablo so i'll ask you another question or two and just.

00:50:12.960 --> 00:50:24.540 Eric Sarver, Esq.: And then it's about 554 AKI track the worry i'll that you have two minutes to share any if we want to wrap up with and have people contact you etc that i'll take us out in a minute outros so.

00:50:25.530 --> 00:50:31.560 Eric Sarver, Esq.: I wanted to ask you published a question about let's say looking ahead and it's pandemic and beyond.

00:50:32.100 --> 00:50:44.370 Eric Sarver, Esq.: Like it's a two part question, the first part is or some a specific immigration law challenges that you think employers might face and the second part is how would your firm help companies to resolve the challenges and issues.

00:50:48.270 --> 00:50:51.810 Pablo G. Velez: Sure, so you know I think coming out of the pandemic.

00:50:52.860 --> 00:50:58.380 Pablo G. Velez: One of the big challenges that companies are going to see or is one that they are already seen.

00:50:58.980 --> 00:51:04.920 Pablo G. Velez: And it's just a question of how, and if the government can do with it, which is the extreme backlog created.

00:51:05.460 --> 00:51:16.680 Pablo G. Velez: In the Department of Labor and also the State Department in terms of processing folks to come into the country or for folks who are already here we're applying for their permanent residency.

00:51:17.220 --> 00:51:24.600 Pablo G. Velez: is how quickly they'll be able to sort of go through the Labor certification process, and you know.

00:51:25.290 --> 00:51:30.960 Pablo G. Velez: We we envision that the government will do its best to sort of scale up and.

00:51:31.440 --> 00:51:40.380 Pablo G. Velez: You know, find a way to streamline some of these processes so they can get their wait times back to normal, or something reasonable because they've doubled or tripled.

00:51:41.040 --> 00:51:53.640 Pablo G. Velez: During the pandemic, unfortunately for many of the processes, but you know our firm advocates, on behalf of both employers and employees, depending on which angle we're taking.

00:51:54.120 --> 00:52:09.420 Pablo G. Velez: And we will either create plans that can shortcut some of these processes or we get involved in filing petitions, for instance overseas for things such as the national interest exception if a client is.

00:52:11.040 --> 00:52:19.020 Pablo G. Velez: available or if they're they're if they're able to qualify for something like that in order to sort of speed up.

00:52:19.530 --> 00:52:32.610 Pablo G. Velez: That process and i've also had experiences where i've advised clients to join class action suits against embassies, for instance, there was one in London, actually, that I don't know if it's still ongoing, but.

00:52:32.640 --> 00:52:34.800 Pablo G. Velez: i've had some clients of mine.

00:52:34.860 --> 00:52:52.860 Pablo G. Velez: Who filed for fiance visa and there was a whole class of folks who were being held up at the embassy, so a federal judge actually put an order on them to speed things up and to get them process, because these are folks who are being sponsored by US citizens as of right not.

00:52:53.250 --> 00:52:59.160 Pablo G. Velez: folks who are foreign nationals we're applying for the privilege of visa so there's two different standards there.

00:52:59.730 --> 00:53:00.060 yeah.

00:53:01.230 --> 00:53:07.650 Eric Sarver, Esq.: 2200 practice transaction log in the employment and Labor law and know the the ins and outs and nuance is very nuanced and.

00:53:08.340 --> 00:53:24.240 Eric Sarver, Esq.: Complex fear, but I give you credit for that approach, you know thinking about saving on the joint class at the joint class action rather for the you know people with the fiance is that were overseas and the struggle to get them, you know the visas and to become citizens.

00:53:25.560 --> 00:53:38.160 Eric Sarver, Esq.: Interested interesting is that an approach that you think might be gaining traction these days with your firm and immigration lawyers in general, the idea of let's get our class action to put some more pressure on.

00:53:39.660 --> 00:53:41.040 Eric Sarver, Esq.: It move these agendas ahead.

00:53:41.970 --> 00:53:43.590 Pablo G. Velez: You know I found it kind of rare.

00:53:44.460 --> 00:53:48.780 Pablo G. Velez: When I when I caught wind of it, and I did advise my clients to do it because there was.

00:53:48.780 --> 00:53:49.140 Pablo G. Velez: Really.

00:53:49.440 --> 00:53:50.610 Eric Sarver, Esq.: There was no downside to.

00:53:50.610 --> 00:53:58.800 Pablo G. Velez: them it's not like I know if the soup failed the government would all of a sudden sort of blacklist them and they'd have trouble getting through because they disagreed.

00:53:59.610 --> 00:54:08.610 Pablo G. Velez: So you know it was one of those situations that's very rare and you know if but for the pandemic I don't think it would exist, so I don't think that.

00:54:09.330 --> 00:54:20.580 Pablo G. Velez: it'll necessarily become something normal at least I hope not, but I am hoping that the do find some kind of invite they I mean the State Department and.

00:54:21.030 --> 00:54:29.640 Pablo G. Velez: Some of these other government agencies that they do find a more effective way to get these applications through get the security checks done in time.

00:54:30.270 --> 00:54:41.760 Pablo G. Velez: i'm sure that that also falls under a modernization of the way that things are being done and just keeping good technology so not having certain websites code down.

00:54:42.780 --> 00:54:47.400 Pablo G. Velez: You know, with some regularity and things like that so there's there's room for improvement there.

00:54:48.420 --> 00:54:55.230 Eric Sarver, Esq.: Yes, right, I mean I think it's like kind of to me this awesome all it, they say now mean minds me of.

00:54:55.620 --> 00:55:02.640 Eric Sarver, Esq.: A point public you made earlier on this evening about a general criticism that's been you know lobby lobby by are allowed by.

00:55:03.390 --> 00:55:15.090 Eric Sarver, Esq.: Both political science in the immigration debate, and also by often immigration services themselves that the system has some flaws and is often referred to as broken, even before.

00:55:15.480 --> 00:55:21.840 Eric Sarver, Esq.: The last administration might be for coordinating head and a lot of that thing has to do with like everything you're saying you know the back of perhaps.

00:55:22.170 --> 00:55:31.050 Eric Sarver, Esq.: Communication, you know they're writing to get through, for people on the you know challenges like to see what was being anticipated not keeping up with technology.

00:55:31.950 --> 00:55:38.550 Eric Sarver, Esq.: So I think it's interesting that you have all those you know aspects of what two factors to consider when you're representing clients.

00:55:39.960 --> 00:55:41.190 Eric Sarver, Esq.: And such and.

00:55:42.480 --> 00:55:59.820 Eric Sarver, Esq.: kind of wondering, so I think, do you think that the USA USA is it will take your cues from how the how the covert 19 pandemic, like the super the CDC says about how that let's say like if businesses should be you know open again and, like facing the public or.

00:56:04.920 --> 00:56:12.570 Eric Sarver, Esq.: wonder if I say, do you think that the usgs might take some cues of change their direction as the dynamic starts to ease.

00:56:15.390 --> 00:56:19.410 Pablo G. Velez: So I think they will take a cue to a certain degree.

00:56:20.730 --> 00:56:21.240 Pablo G. Velez: I think.

00:56:21.600 --> 00:56:24.090 Pablo G. Velez: You know, more than anything, it's just going to be.

00:56:25.350 --> 00:56:32.280 Pablo G. Velez: incumbent also on Congress to act and sort of codify some of these some of these processes.

00:56:32.940 --> 00:56:41.220 Pablo G. Velez: Because there are certain things that they can do as an agency in terms of how they work through these issues and processing applications but.

00:56:41.820 --> 00:57:02.100 Pablo G. Velez: there's also things that you know the government needs to do in terms of funding them better, giving them the ability to scale up in a real way so that they do have more folks and more resources sort of thrown into getting this through getting the process streamlined in that said.

00:57:03.450 --> 00:57:06.030 Eric Sarver, Esq.: i'm sorry it's an excellent point I didn't mean to interrupt you.

00:57:06.210 --> 00:57:06.480 Sorry.

00:57:07.530 --> 00:57:19.920 Eric Sarver, Esq.: I know that we were looking we have about two minutes left to want to give you a chance to wrap up the people how they can contact you where you're from website where they can reach you before you have a thank you for that last answer I think it's really was looking for uh huh.

00:57:20.550 --> 00:57:35.310 Pablo G. Velez: No absolutely and thank you again for having me Eric and you know if any folks want to reach me out there again we're The lesson severiano PLC our website is www dot fell SIP COM that's VI El si si p.com.

00:57:36.060 --> 00:57:55.410 Pablo G. Velez: And my direct email is P velez in my last name at fellowship calm our firms number is 646-736-7782 we'd be happy to assist a folks who are interested and have the need, and you know again Eric thanks for having me on.

00:57:56.910 --> 00:58:06.330 Eric Sarver, Esq.: Public you're very welcome it's a pleasure to have you on the show tonight appreciate your being able to give our audience all that kind of information it's great to have the phone number email website.

00:58:06.990 --> 00:58:16.560 Eric Sarver, Esq.: Name everything you mentioned, so thank you so much for being here tonight Apollo just finished we're talking about this very thing pertinent topic and I think it's a very.

00:58:16.920 --> 00:58:28.980 Eric Sarver, Esq.: sensitive topic, but also, I think it's one that business owners and employers, employees really need to pay attention to so want to thank you again for being on the show, I wish you and your firm, as well as in Toronto, or the best.

00:58:30.030 --> 00:58:36.930 Eric Sarver, Esq.: And perhaps we'll have you on the future as things start to change be interesting to hear your perspective one day down the road.

00:58:38.070 --> 00:58:47.280 Eric Sarver, Esq.: Trying to tell our audience tonight that you're listening to employment law today i'm here every Tuesday evening, as mentioned at 5pm to 6pm.

00:58:47.700 --> 00:59:07.380 Eric Sarver, Esq.: Here on talk radio nyc you can watch us live at talk radio nyc is Facebook page, and you can also listen live at the website address talk radio dot nyc forward slash listen slash live so once again Eric Sabra here tonight with Pablo.

00:59:08.820 --> 00:59:13.170 Eric Sarver, Esq.: Pablo pleasure, having you on the show and stay tuned next week.

00:59:14.190 --> 00:59:15.030 Eric Sarver, Esq.: Thank you once again.

00:59:17.220 --> 00:59:18.090 Pablo G. Velez: Excellent thanks again.

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