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Immigration Workshop For International Students (F-1

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Immigration Workshop For International Students (F-1 & J-1) Eugene Goldstein, Esq. Law Offices of Eugene Goldstein & Associates (212) 374-1544 eglaw_at_aol.com – PowerPoint PPT presentation

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Title: Immigration Workshop For International Students (F-1


1
Immigration Workshop For International Students
(F-1 J-1)
  • Eugene Goldstein, Esq.
  • Law Offices of Eugene Goldstein Associates
  • (212) 374-1544
  • eglaw_at_aol.com
  • www.eglaw-group.com
  • New York Film Academy
  • June 10, 2010

2
Choosing an Immigration Lawyer
  • Four Tips
  • 1 Lawyer Must be a Member of AILA
  • 2 Only Pay a Fixed Legal Fee
  • 3 Only Immigration Law
  • 4 Student Should Pick a
  • Lawyer Via Reference

3
Where to get the Right Advice?
  • Foreign Student Advisor
  • The Appropriate Lawyer
  • Cheapest is not the best.
  • Find the specialist - dont choose lawyers who
    advertise for general practice
  • New York City Legal Referral Service
  • 212-626-7373 or www.iLawyer.com
  • Reliable Friends
  • Beware of Mistaken Perception of New Laws

4
Beware of Non-Lawyer Experts, Notarios, Travel
Agents, etc.
  • To Report Unauthorized Practice of Law
  • N.Y. County District Attorneys Office
    212-335-3600
  • Northern Manhattan 212-864-7884
  • N.Y. Attorney Generals Office -
    http//www.oag.state.ny.us/
  • To Confirm Lawyer in New York
  • Unified Court System - 212-428-2800
  • Lawyer licensing is by state, please check
  • each states board of bar examiners online.

5
The Various Federal Agencies
  • DOS (Department of State) through its Visa Office
    and the U.S. Consulates issue Visas.
  • CBP (Custom and Border Protection) the
    Gatekeeper, they stamp you in.
  • This is the first point of contact at airports or
    other ports of entry.
  • USCIS (United States Citizenship and Immigration
    Services) -
  • Decides motions to reinstate, changes of status,
    and employment cards and maybe one day, green
    cards.
  • ICE (Immigration and Custom Enforcement) The
    immigration police who manage SEVIS and enforce
    compliance.
  • USDOL, HHS, Selective Service, Social Security

6
Employment Options for F-1 International Students
  1. Employment on Campus
  2. Employment for Unanticipated Severe Economic Need
  3. Curricular Practical Training (CPT)
  4. Optional Practical Training (OPT)

7
Employment on Campus
  • Employment on campus within your school or with
    an independent company serving the schools usual
    needs.
  • Limitations Maximum 20 hours per week during
    school year, full time during vacation periods.
  • USCIS authorization not required.

8
Employment Based on Economic Need
  • Employment after one year of study at each school
    if there has been unforeseen severe change in
    your financial position (such as a large
    devaluation of your countrys currency, loss of a
    scholarship, large tuition increase), sponsors
    death, bankruptcy, or natural disaster.
  • Eligibility must be under F-1 status for at
    least one academic year, good academic standing,
    continued full-time status, inability to find
    campus employment.
  • Limitations Maximum 20 hours per week during
    school year, full time during vacation periods
    permission granted for one year at a time.
  • USCIS authorization required - EAD

9
Curricular Practical Training (CPT)
  • Employment as part of a students educational
    experience, offered by an employer through
    agreement with the school.
  • Must be in college catalogue.
  • Eligibility F-1 status for at least nine months
    (which can be waived for graduate students under
    certain circumstances) and/or continued student
    status.
  • Limitations limited to internships, co-op
    education, alternate work/study program, required
    practicums. Maximum 364 days or no OPT.
  • Must be authorized by designated school officials.

10
Optional Practical Training (OPT)
  • Employment for up to one year after graduation in
    a job related to your field of study.
  • Duration - one year for each academic level.
  • Eligibility - F-1 student applies 90 days prior
    or 60 days after completion of studies. Requires
    employment after approval.
  • Limitations 20 hours if school not in session,
    deduct from full time of one year OPT.
  • One year 17 months if STEM with E-VERIFY.
  • Must be authorized by USCIS and the designated
    school official EAD.

11
General Issues
  • Finding a Job
  • Employers CAN Discriminate Against International
    Students.
  • What to Say in the Job Interview?
  • Should I disclose that I will need to be
    sponsored?
  • What should I say?
  • Sell Yourself.
  • Please call my very reputable lawyer.
  • The employer does not need to advertise for the
    H-1B category.

12
What is a Visa? What is Status?
  • Visa
  • The Key to Enter the U.S.
  • This is a Travel Document
  • Consulate Laminates into Passport
  • Status
  • I-20 or Certificate from School (DS2019)
  • I-94 Stamped at Entry
  • Changed by USCIS while in the U.S. if in status
  • Note ? OPT is Under F-1 Status

13
H-1B
  • Specialty Occupation Professional
  • 4 year degree or higher
  • Major from degree Must Match Job Duties
  • Not What you Have But What the Job Needs
  • For example Registered Nurses are not
    professional as job requires only a 2 year
    degree.
  • For example Specialty or head nurse does qualify
    as job requires B.S. degree.
  • Full Time(35 hr) vs. Part Time (must be able to
    support yourself)

14
H-1B
  • 6 Year Limit (33, etc.)
  • 1 Year Outside U.S. Before Reenter in H-1B Cycle
  • Reclaim Time Spent Outside U.S.
  • Prove with Entry/Exit Stamps, Boarding Passes,
    Frequent Flier Records, Etc.
  • AC21 Extension if Pending Employment-Based Green
    Card Applications for 1 Year
  • Specific To Employer
  • Each Employer Must Petition.
  • One Employer/One Petition, Or
  • Multiple Employers/Multiple Petitions.
  • Use of an Agent Employer For Multiple Short Jobs.

15
H-1B Cap
  • 65,000 /-
  • Plus 20,000 Advanced U.S. Degrees
  • Government Fiscal Year is 10/1 9/30
  • DOL Permits Filing 6 months Early
  • File 4/1 4/5
  • If Over Cap ? Lottery
  • If you win the H-1B lottery OPT extended to
    10/1 H-1B start date with employment but no
    travel.
  • If you lose continue in school or consider
    alternative visa categories, or go home.

16
H-1B Jobs Exempted from Quota
  • Employment at a U.S. Institution of Higher
    Education (Colleges or University) or a
    Related/Affiliated Non-Profit Entity.
  • Employment at a Non-Profit Research Organization
    or a (Federal) Government Research Organization,
    or State or Local Government Benefiting the
    Federal Government.

17
Six Year Maximum
  • When Should H-1B Petition be Filed?
  • Give Up OPT Completely or Partly.
  • Gamble each year to capture Your H-1B When
    Available Uncertainty.
  • Can change or add employer with a new petition
    and begin when filed.
  • Official USCIS Receipt, or
  • FedEx/UPS Receipt

18
Employer Files for H-1B
  • Labor Condition Application LCA
  • Not Labor Certification No Newspaper
    Advertising
  • I-129
  • H-Supplements (Statistics, Fee Exemption),
    Explanation Letter, Supporting Documents
    (Credentials, Employer Bona Fides)
  • Costs
  • Filing Fee 320
  • Training Fee 750 (for companies of 25 employees
    or less/1,500 if 26 employees or more) by
    Employer
  • Fraud Detection Fee 500 by Employer
  • Premium Processing Fee 1,000

19
Change Status or Consular Notice
  • Change of Status
  • While in the U.S.
  • Consular Notice
  • To Obtain Visa Outside the U.S.

20
Other Categories
  • If H-1B is Unavailable or Not Appropriate
  • E-1 Treaty Trader
  • E-2 Treaty Investor
  • L-1 Intercompany Transferee
  • O-1 Extraordinary Individual
  • P-1 Entertainment Group
  • TN NAFTA (Mexico, Canada)
  • Free Trade Chile, Singapore
  • A Diplomat
  • G Non-Government Diplomat
  • Ex National Monetary Fund, U.N., World Bank,etc.
  • I Journalist
  • R Religious Worker

21
Green Card Categories
  • Family-Based
  • Employment-Based

22
Green Card Quotas
  • Limited Number of Places Each Year for Specific
    Family and Employment Categories.
  • Place in Line Set by Petition Filing Date.
  • Changes Each Month Check the Visa Bulletin
    Website http//travel.state.gov/visa/frvi/bulletin
    /bulletin_1360.html
  • There Could be Long Quota Delays.
  • In Order to Adjust Status in U.S., Must Remain in
    Lawful Status.

23
Family-Based Green Card (The I-130)
  • Immediate Relative (Above the Quotas)
  • Marriage to Citizen (USC)
  • Parents of USC (Includes Under 21 Children)
  • Preference Categories
  • Unmarried Sons and Daughters (Over 21) of USC
    (Age Out Provisions)
  • Spouses, Children and Unmarried Sons and Daughter
    (over 21) of LPR.
  • Married Sons and Daughters of USC
  • Siblings of Adult USC
  • To Adjust Status in U.S. Remain in Lawful
    Status.
  • If Unable to Adjust Status in U.S. Consular
    Process if Able.

24
Family-Based Green Card
  • Relationships must be bona fide.
  • Relief is available for spousal abuse
  • VAWA Applies to Both Women and Men.
  • Go to hospital
  • Call police
  • Take photos of injuries
  • Private Agencies
  • Sanctuary for Families
  • 24hr Hotline ? (800) 621 HOPE
  • NYC ?(212) 349 6009
  • New York State
  • New York State's 24-hour Domestic Violence
    Hotline(800) 942-6906 (English) (800) 942-6908
    (Spanish)

25
EMPLOYMENT Green Card Categories (The I-140)
  • EB-1
  • Extraordinary (no Sponsor)
  • Exceptional
  • Outstanding Professor or Researcher
  • Investors
  • International Transferees (Managers/Executives)

26
EMPLOYMENT (cont.)
  • EB-2
  • Waiver of Labor Certification in the National
    Interest
  • Work in National Interest
  • First Among Equals Able to Make Unique Impact
  • No Petitioner

27
EMPLOYMENT (cont.)
  • EB-2/3 Labor Certification
  • Schedule A - Not the LCA (Labor Cert. Exempt)
    Nurses, Physical Therapists.
  • Special Handling College Teachers
  • General Workers
  • If job requires Masters5 years experience, EB2,
    Otherwise EB3

28
EMPLOYMENT (cont.)
  • Labor Certification
  • PERM
  • Delays
  • U.S. Job Offer
  • Objectively describe duties, experience,
    education.
  • Requirements must be open to U.S. workers, not
    particularized to applicants skills.
  • Must show no U.S. worker is able, willing,
    qualified or available at the prevailing wage.

29
EMPLOYMENT (cont.)
  • Quotas
  • Limited Pool of Places Each Year by Category and
    by Country.
  • Fewer Places in EB3, Therefore Delays Up to Many
    Years
  • EB-2 Delays for China and India
  • If Legal in U.S. Adjust Status in U.S.
  • If Out of Status, Consular Process, but, May be
    Banned for 3 or 10 Years If Unlawfully Present
    (180 days grace period)
  • Exempt From Unlawful Presence if D/S.

30
Diversity (DV) Lottery - Fall
  • 50,000 places each year for citizens of countries
    with low representation in U.S. immigrant flow.
  • If you are outside the U.S., or within the U.S.
    and in legal status, apply through
    www.travel.state.gov during eligibility period.
  • Paying someone to file for you will not help.
  • Winners are notified by snail mail.
  • Winners should act on reliable advice within the
    one year window of eligibility.
  • 10/2/09-11/30/09 ? www.dvlottery.state.gov

31
Contact Information
  • Eugene Goldstein, Esq.
  • Law Offices of Eugene Goldstein
  • Associates
  • 150 Broadway Suite 1115
  • New York, NY 11038
  • (212) 374-1544
  • Fax (212) 374-1435
  • eglaw_at_aol.com
  • www.eglaw-group.com

32
Immigration Workshop For International Students
(F-1 J-1)
Eugene Goldstein, Esq. Law Offices of Eugene
Goldstein Associates (212) 374-1544 eglaw_at_aol.co
m www.eglaw-group.com New York Film Academy
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