Title: Immigration Workshop For International Students (F-1
1Immigration 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
2Choosing 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
3Where 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
4Beware 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.
5The 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
6Employment Options for F-1 International Students
- Employment on Campus
- Employment for Unanticipated Severe Economic Need
- Curricular Practical Training (CPT)
- Optional Practical Training (OPT)
7Employment 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.
8Employment 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
9Curricular 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.
10Optional 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.
12What 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)
14H-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.
15H-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.
16H-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.
17Six 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
18Employer 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
19Change Status or Consular Notice
- Change of Status
- While in the U.S.
- Consular Notice
- To Obtain Visa Outside the U.S.
20Other 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
21Green Card Categories
- Family-Based
- Employment-Based
22Green 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.
23Family-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.
24Family-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)
25EMPLOYMENT Green Card Categories (The I-140)
- EB-1
- Extraordinary (no Sponsor)
- Exceptional
- Outstanding Professor or Researcher
- Investors
- International Transferees (Managers/Executives)
26EMPLOYMENT (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
27EMPLOYMENT (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
28EMPLOYMENT (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.
29EMPLOYMENT (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.
30Diversity (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
31Contact 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
32Immigration 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