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♦ Immigrating to the US is easy.♦ A foreign born person may obtain a
visa in the US for any type of job.♦ The government does not make
mistakes. ♦ Internet immigration advice is
accurate. In Immigration work, facts do matter!
Immigration Myths
Immigration Buckets
U.S. Citizen or Non-Citizen
NationalNon-immigrant or Temporary Status
• B (Visitor)
• E1/E2 (Investor/Treaty Trade)
• E-3 (Australia)
• F (Student)
• H-1B (Specialty Worker)
• J-1 (Trainee)
• L (Intracompany Transfer)
• O (Extraordinary)
• P (Athlete)
• TN
• R (Religious)
• TPS*
• Employment Authorization Document I-766
• Asylee/Refugee*
Legal Permanent Resident (“Green Card”) (I-551)
• Permanently able to live and work in the U.S.
• Permanent means permanent!
* Specific Rules ApplyOut of
Status or Unlawfully
Present
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Trump Executive Orders – fast and furious
Increased enforcement – audits, cross-agency investigations, ICE/DHS investigations
All work visa categories will be scrutinized with a view toward protecting the US worker
Legislative proposals restricting immigration or re-defining it
Possible increased labor shortages and costs.
Immigration Outlook in the Trump Era
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(April 18, 2017 Executive Order)♦ Directs government agencies to review employment-
based foreign worker programs Higher H-1B denial rate Heightened skills and wages to meet H-1B “specialty
occupation” definition IT contractors/staffing companies under strict review Investigations of discriminatory hiring offenses of H-1Bs over US
workers
♦ Audits♦ Consular interviews – higher denial rate in some visa
categories
Impact of “Buy American and Hire American”
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Working in the US:Nonimmigrant Visas
CPT allows the student to work as part of their degree program. They arestill in school and the employer is part of this process.
• No work card
• Offer letter from employer required.
OPT allows the student to work after graduation in an area related to theirdegree program
• 12 months initially
• 24-month STEM extension – Employer must help complete for I-983
• Must have a valid work card (unless STEM extension is pending).
F-1 Student with Employment Authorization
H-1B Specialty Occupation
Job must require, at minimum, a Bachelors degree, in a specific field.
Foreign National must possess required Bachelors degree or have an equivalent (can be combination of education and professional work experience).
3 Year increments; 6 years total• AC-21 extensions• Time in dependent status does
not count Dependents: H-4 status, no work
authorization
H-1Bs: Annual Limit (Cap Subject)
Fiscal Year: October 1 –September 30
65,000 per year, plus additional 20,000 for U.S. Masters• Transfers are not recounted
Earliest we can apply: April 1 for October 1 start date
Must show eligibility as of the date of filing
F-1 OPT “Cap Gap” for students with H Cap Case timely filed • Work authorization, no
international travel
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Institute of higher education Nonprofit related to or
affiliated with an institute of higher education
Nonprofit or governmental research organization
Performing work at a cap exempt organization
J-1 physician with waiver Guam/CNMI
H-1B Cap Exempt
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Considered the “H-1B for Australians” Best to apply at the US consulates in Australia. Can also
apply in Canada Similar requirements as H1B
E3 Australian Specialty Occupation Worker
TN Trade NAFTA
♦ Issued in 3 year increments; nonimmigrant intent
♦ No maximum period of time, continued need/continued intent to return to home country residence
♦ Canadians (no visa) and Mexicans (visa) eligible
♦ Certain categories of professions, including engineers, computer systems analyst, sciences/scientific technician, among others
♦ Spouse: TD status, no work authorization
TN Nonimmigrant Visa
Permanent Residency Options
Visa Availability
Employment- BasedAll Chargeability Areas Except Those Listed
China - mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15JUN13 08OCT08 C C
3rd C 01FEB14 15OCT06 C 15JAN16
Other Workers C 01APR06 15OCT06 C 15JAN16
4th C C C 01APR06 C
The Visa Bulletin – November 2017
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Requirements: one-time major internationally recognized award or at least 3 of the following: 1. Receipt of lesser nationally or internationally recognized awards; 2. Membership in associations which require outstanding
achievements; 3. Published material about the alien’s work in professional or
major trade pubs.;4. Participation as an editor/judge of work of others;5. Original scientific contributions of major significance in the field;6. Authorship of scholarly articles in field;7. Performed critical role for organizations that have a distinguished
reputation; or 8. Commands high salary compared to others in field.
EB-1 Alien of Extraordinary Ability
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Requirements: Researcher/Prof, recognized internationally as outstanding in the field. Evidence consists of at least 2 of the following:1. Receipt of major prizes or awards for outstanding achievement in the
academic field; 2. Membership in associations which require outstanding achievements; 3. Published material about the alien’s work in professional or major
trade publications;4. Participation as an editor/judge of work of others;5. Original scientific contributions of major significance in the field; and/or6. Authorship of scholarly articles in field; and at least 3 years in
teaching and/or research in academic field. 7. Employment must be either for university/medical or private institution
with at least 3 full-time researchers.
EB-1 Outstanding Researcher or Professor
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Requirements: 1. During the past year, work must have been in area of
exceptional ability; 2. Must intend to practice the “same science”; and 3. Must establish “widespread acclaim and international
recognition” per 2 of the 6 qualifiers listed under outstanding researcher.
EB-2: Schedule A, Group II
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Requirements: 1. Works in an area of substantial intrinsic merit;2. The benefits of the work is national in scope; and 3. The Foreign National’s employment serves the national
interest substantially more than would an available US worker.
EB-2 National Interest Waiver
Employment-Sponsored Permanent Residency: Three Stages
Lawful Permanent Residence through employment sponsorship is a 3 step process:
1. The Labor certification which tests the labor market to show that no qualified USworkers exist for the position (so-called PERM). This step takes approximately 12months from start to finish.
2. The I-140 Immigrant Worker petition filed by Employer attesting to its permanentposition for the beneficiary. This cannot be filed without an approved PERM andtakes about 4-6 months for approval.
3. The I-485 Application to Adjust Status (this is the “greencard” application) which isthe Foreign National’s (“FN”) personal application to become a permanentresident. Once filed, this application takes about 4-6 months for approval.
Questions?
