Immigration - PowerPoint PPT Presentation

1 / 34
About This Presentation
Title:

Immigration

Description:

... H cap visas. Quota year: October 1 to September 30. Apply ... Visa Bulletin regarding priority dates. Parting Thoughts. Realistic assessment is important ... – PowerPoint PPT presentation

Number of Views:63
Avg rating:3.0/5.0
Slides: 35
Provided by: elizabe88
Category:

less

Transcript and Presenter's Notes

Title: Immigration


1
Immigration
  • A Guide to Work after Graduation

By Miller Mayer, LLP 202 E. State Street,
Suite 700 Ithaca, NY 14850 (607)
273-4200 www.millermayer.com
2
Overview
  • Nonimmigrant visas
  • Immigrant visas

3
Nonimmigrant Visa Categories http//www.millermaye
r.com/resources/usvisacategories.htm
  • A Diplomats
  • B Visitors (business/pleasure)
  • C Transit
  • D Crewman
  • E Treaty trader/investors
  • F Academic students
  • G International Organization
  • H Temporary workers
  • I Journalists/Media
  • J Exchange visitors
  • K Fiances/fiancees of
  • US citizens
  • L Intracompany transferees
  • M Vocational students
  • N Parents or children of special immigrants
  • O Persons of extraordinary ability
  • P Athletes or entertainers
  • Q International cultural exchange visitors
  • R Religious workers
  • S Federal witnesses (sneaky snitches)
  • T Trafficking of persons victims
  • TN NAFTA professionals (Mexico and Canada)
  • U Certain crime victims
  • V Certain spouses/children waiting for green
    cards

4
H-1B Nonimmigrant Visas
  • Employer sponsored for up to 6 years in a
    specialty occupation
  • 3 Requirements
  • - Job must require a Bachelors degree or higher
  • - Beneficiary must have at least the relevant
    Bachelors degree or equivalent
  • - Employer must pay the prevailing wage


5
Specialty Occupation Defined
  • A job that requires
  • Highly skilled specialized knowledge
  • _ Bachelors or higher degree in the specific
    specialty (or its equivalent)
  • The degree must be in a specialty field
  • General degrees may be challenged
  • Clear examples of H-1B jobs accountant,
    scientist, computer science

6
Procedure
  • Employer must pay prevailing wage
  • Overall processing time frame
  • 3-6 months normally
  • Premium processing possibility 2 weeks

7
Advantages of H-1B
  • Duration
  • - up to 3 years initially, 3 more years, for 6
    year maximum
  • Eligible for another 6 years after 1 year stay
    outside U.S.
  • extensions after 6th year if green card started
    by end of 5th year
  • Time to work toward green card
  • No advertising or test of the U.S. labor market
  • H-1B portability when change employers

8
Disadvantages of H-1B
  • Tied to one employer not flexible like F-1 OPT
  • Paperwork, cost and delay scare some employers
  • Fees
  • 320 base fee
  • 750 retraining fee if employer has lt25
    employees 1500 if gt25 employees
  • 500 antifraud fee
  • 1000 premium processing fee (optional)
  • Total 1510-3320 plus Legal Fee

9
What is the H-1B cap?
  • 65,000 per fiscal year
  • Of 65,000, 6,800 carved out for Chile and
    Singapore
  • Separate 20,000 for graduates with U.S. masters
    degree or higher (since FY 2006)

10
Race for H cap visas
  • Quota year October 1 to September 30
  • Apply Earliest April 1 (6 months)
  • Past years H-1B quota filled
  • April 1 - August 10, 2005
  • April 1 - May 29, 2006
  • April 2, 2007 1030 a.m.
  • April 1-7, 2008
  • USCIS conducts lottery to select cases to be
    considered for H-1B approval

11
20,000 U.S. Masters Exemption
  • Defining receipt of degree
  • -- May 30, 2007 VSC liaison minutes,
  • complete requirements for degree
  • -- inconsistent adjudication
  • Accredited U.S. institutions
  • All advance degrees included
  • FY2007 cap hit on July 26, 2006
  • FY 2008 cap hit on April 30, 2007
  • FY 2009 cap hit April 1 -7, 2008

12
H-1B Cap Exemptions
  • College/university employees
  • Related or affiliated nonprofit entities
  • Nonprofit research organizations
  • Governmental research organizations
  • Those already counted against the quota
  • J-1 shortage area waivered doctors

13
Moving from Exempt to Cap Subject Employer
  • Subjects you to cap
  • Concurrent employment consider part-time with
    each job
  • Pre October 1st portability (5-23-07 Hernandez
    letter)

14
OPT Time-Line
60-day grace period
Apply 3/24/08
Program end date 5/27/08
7/26/08
You choose your OPT start date
12 months OPT
Example 7/24/08
7/24/2009
Apply up to 120 days before your chosen start
date -- 90 days bf program end date and up to 60
days after.
15
Cap Gap Regulation
  • Permits F-1 student working on OPT whose H-1B
    petition is selected for H-1B adjudication to
    continue to work on OPT until H-1B is effective
    on October 1.

July 24, 2009 OPT expires, but cap gap work
authorization continues
July 24, 2009 OPT starts
October 1, 2009 H-1B work authorization begins
April 1, 2009 H-1B filed, accepted for
processing and ultimately approved
16
Other NIVs
  • E-3 only for Australians
  • 2 year renewable, indefinitely
  • 10,500 annual quota
  • LCA only, consular filing
  • Spouse and child work permits
  • L-1 multinational transferee
  • 12 months foreign employment
  • Executive, manager, specialized knowledge
  • Lower cost, green card, harsh adjudications
  • Spouse work permits

17
Other NIVs continued (no quota no maximum stay)
  • E-1/E-2 treaty traders/investors
  • Start/buy a company
  • 50 foreign owned
  • Lead, direct, manage
  • No China, India few ME or African
  • Os and Ps
  • Extraordinary ability or performer
  • Portfolio, c.v., reviews and publications
  • 3 of 8 criteria

18
O-1 Criteria
  • Eight criteria for classification
  • Receipt of a nationally or internationally
    recognized prize for achievement in field
  • Membership in associations in field that require
    outstanding achievement of their members
  • Material published about applicant in major trade
    publications or other major media
  • Applicant serves as a judge of others in field
    either individually or on a panel
  • Original, scientific, scholarly, artistic,
    athletic, or business-related contributions of
    major significance in field
  • Authorship of scholarly articles in field
  • Performing a critical or leading role for
    organizations that have a distinguished
    reputation
  • Commanding a high salary in field

19
TNs
  • Mexican/ Canadian citizens
  • Unlimited extensions of one year
  • Residence outside U.S.
  • Up to 3 years in job offer in listed occupation
  • bachelors degree/license in that field
  • See chapter 16 of NAFTA and 8 C.F.R. 216.4

20
Common TN Occupations
  • Accountant
  • Architect
  • College/university professor
  • Computer systems analyst
  • Engineer
  • Graphic designer
  • Management consultant
  • Occupational therapist
  • Registered nurse
  • Scientific technician
  • Social worker
  • Urban planner

21
How Can I Become a US Permanent Resident?
  • Family-based
  • Employment-based
  • Diversity Lottery

22
Family Relationship Basis
  • Immediate Relatives children, spouses, or
    parents of US citizens (no limit per year)
  • Unmarried sons daughters of US citizens
    (23,400 visas per year)
  • Spouses/minor children unmarried sons and
    daughters of US permanent residents (114,200
    visas per year)
  • Married sons and daughters of US citizens
    (23,400 visas per year)
  • Brothers and sisters of US citizens (65,000
    visas per year)
  • US citizen must be age 21 or over

23
Employment Basis
  • Skilled unskilled workers (EB-3)
  • Skilled workers in short supply
  • Professionals with baccalaureate degree
  • Unskilled workers in short supply (requires a job
    offer and labor certification limit of 40,000
    visas per year)
  • Special Immigrants (EB-4)
  • Religious workers certain US govt. employees
    Panama Canal employees plus certain dependent
    juveniles (10,000 visas per year)
  • Investors (EB-5)
  • Must invest between 500K and 1 million
  • Must create at least 10 full-time jobs (limit of
    10,000 visas per year)
  • Priority Workers (EB-1)
  • Extraordinary ability (no job required)
  • Outstanding professors researchers (entering
    for tenure or tenure-track position)
  • Business executives managers (no labor
    certification required limit of 40,000 visas per
    year
  • Advanced degree holders (EB-2)
  • Professionals with advanced degrees
  • Exceptional ability in sciences, arts business
    (job offer and labor certification required
    limit of 40,000 per year

24
Most Common Way to Get an Employment-Based Green
Card
(for EB-2, EB-3)
Adjustment of Status AOS (CIS)
PERM (DOL)
I-140 Immigrant Visa Petition (CIS)
Consular Processing Overseas (DOS)
25
PERM Labor Certification
  • A certification from the Department of Labor that
    a particular position at a particular company is
    open because no qualified U.S. workers are
    available
  • Employer must complete 5 kinds of recruitment,
  • show ability to pay wage and prepare audit file
  • Electronic filing with US DOL
  • Upon certification, file I-140 within 180 days
  • Final step may have to wait for some EB-2, EB-3

26
I-140 IV Petition (without PERM Labor
Certification)
  • Three types of EB-1 priority workers
  • EB-1-1 Extraordinary ability aliens
  • EB-1-2 Outstanding professors and researchers
  • EB-1-3 Multinational executives and managers
  • Labor certification not required for any EB-1
    priority workers
  • EB-2 (Advanced degrees, Exceptional ability)
  • No Labor certification required if work is in the
    national interest

27
Green Card Backlogs
  • Can file for adjustment, obtain immigrant visa
    only if priority date is current
  • Substantial backlogs for the EB-3 category and
    for nationals of India and China in EB-2 category
  • EB-2 backlogs may spread to other nationalities
    or to EB-1
  • It could take five years or longer to get an
    immigrant visa, even if you start today!

28
Quota Delay Wait for Priority Date To file AOS
29
EB-5 Immigrant Investors
  • Reserved for immigrants who invest in and manage
    U.S.
  • companies that benefit U.S. economy and create
    or save at least 10 fulltime jobs
  • 1 million normally required to invest can be
    500,000 in rural or poor areas
  • Get conditional residence for two years then
    must prove investment worked to get condition
    removed
  • Law allows up to 10,000 EB-5 green cards per year
  • Unlike other EB categories, no quota backlogs


30
Sources of Information on Immigration Law
  • Citizenship Immigration Services
  • http//www.uscis.gov/portal/site/uscis
  • Statutes regulations
  • Forms
  • Procedures and instructions
  • Contact information
  • Processing times

31
Sources of Information on Immigration Law
  • U.S. Department of State
  • http//travel.state.gov/
  • Links to embassies consulates worldwide
  • Application procedures and consulate closings
  • Wardens messages and travel advisories
  • Public announcements
  • Derivative citizenship and renunciation
  • Visa Bulletin regarding priority dates

32
Parting Thoughts
  • Realistic assessment is important
  • Planning ahead
  • Getting to know employers soon
  • Alternative and creative employments

33
Need help with immigration matters?
  • Interested in an immigration consultation?
  • To sign up for a free monthly immigration
    newsletter
  • Contact
  • Miller Mayer
  • 202 E. State Street, Suite 700
  • Ithaca, NY 14850
  • (607) 273-4200
  • info_at_millermayer.com

34
Questions?
Write a Comment
User Comments (0)
About PowerShow.com