The Coveted H1B: Clearing All The Coveted H1B: Clearing All the Hurdlesthe Hurdles

Presented by:Presented by:David A.M. Ware, attorney at lawDavid A.M. Ware, attorney at law

www.david-ware.com. . dware@david-ware.com800 537 0179800 537 0179

National Practice with Offices Across the Gulf SouthNational Practice with Offices Across the Gulf South

Your career in the US after graduation Your career in the US after graduation should ALWAYS start with Optional should ALWAYS start with Optional Practical Training (OPT).Practical Training (OPT).You must apply You must apply before before you complete you complete all requirements for degree. If you all requirements for degree. If you finish by April 1, application must be finish by April 1, application must be beforebefore that date. that date.You get one year for each higher You get one year for each higher degree you complete.degree you complete.

Where Do I Start?Where Do I Start?

OPT ideally acts as a bridge between your OPT ideally acts as a bridge between your studies and the workplace.studies and the workplace.It allows you to “get your foot in the door” It allows you to “get your foot in the door” with a US employer without any paperwork with a US employer without any paperwork on their part: vitally important.on their part: vitally important.It allows you to try more than one job if It allows you to try more than one job if you wish.you wish.While in some cases it While in some cases it may may be possible to be possible to proceed directly to H1B or even proceed directly to H1B or even permanent residence without OPT, this is permanent residence without OPT, this is usually unadvisable.usually unadvisable.

Cross The BridgeCross The Bridge

What is An H1B Anyway?What is An H1B Anyway?It is the principal immigration status It is the principal immigration status available for persons temporarily working available for persons temporarily working in professional level jobs (“specialty in professional level jobs (“specialty occupations”) in the US.occupations”) in the US.It generally requires that the employee It generally requires that the employee have at least a four year degree or have at least a four year degree or equivalent AND equivalent AND that the position require a that the position require a minimum of a bachelor’s degree.minimum of a bachelor’s degree.

What Are the Other Parameters of What Are the Other Parameters of the H1B?the H1B?

Employment is limited to the employer(s) who Employment is limited to the employer(s) who petition(s) for the student. May hold more than petition(s) for the student. May hold more than one H1B at same time. H1B may be part time.one H1B at same time. H1B may be part time.Employment is generally limited to six years with Employment is generally limited to six years with ALL employers (unless employment-based ALL employers (unless employment-based permanent residence begun by end of 5permanent residence begun by end of 5thth year). year).Employment must be directly related to degree Employment must be directly related to degree program—either current program or any prior program—either current program or any prior degree program.degree program.H1B’s are limited by strict fiscal year quotas.H1B’s are limited by strict fiscal year quotas.The H1B beneficiary may have “dual intent”.The H1B beneficiary may have “dual intent”.

What About Starting My Own What About Starting My Own Business?Business?

To be an employer, an entity must have at To be an employer, an entity must have at least one employee other than the H1B.least one employee other than the H1B.Usually not a wise idea to start own Usually not a wise idea to start own business, unless you have loads of money business, unless you have loads of money (at least 500K to 1 million) or qualify for (at least 500K to 1 million) or qualify for investor visa (treaty).investor visa (treaty).Generally, business owners cannot Generally, business owners cannot sponsor themselves for permanent sponsor themselves for permanent residence.residence.

What Are the Employer’s What Are the Employer’s Obligations?Obligations?

Must agree to employ beneficiary as set out in Must agree to employ beneficiary as set out in the petition (no fraud!).the petition (no fraud!).Must need the services of the student (no uncles Must need the services of the student (no uncles with corner stores!).with corner stores!).Must agree to pay higher of Must agree to pay higher of actualactual or or prevailingprevailing wage.wage.– Actual wage: wage paid to other similarly employed and Actual wage: wage paid to other similarly employed and

similarly qualified workers at same worksite.similarly qualified workers at same worksite.– Prevailing wage: weighted mean or median wages for Prevailing wage: weighted mean or median wages for

similar positions in geographic area of employment.similar positions in geographic area of employment.– Basically, this means that a Basically, this means that a competitive competitive wage must be wage must be

offered.offered.

Employer’s Obligations?Employer’s Obligations?Must be no strike or lockout.Must be no strike or lockout.Must notify other workers of terms of job Must notify other workers of terms of job (10 day posting or letter to union).(10 day posting or letter to union).Must agree to pay certain fees to USCIS:Must agree to pay certain fees to USCIS:– ACWIA fee: $1500; $750 if 25 or few FT ACWIA fee: $1500; $750 if 25 or few FT

employees.employees.– Exemptions: K-12, higher ed, affiliated entities, Exemptions: K-12, higher ed, affiliated entities,

teaching hospitals, non profit teaching hospitals, non profit research research organizationsorganizations and government and government research research organizations.organizations.

– Anti fraud fee: $500. No one exempt.Anti fraud fee: $500. No one exempt.

Employer’s Obligations?Employer’s Obligations?Must agree to employ H1B only in Must agree to employ H1B only in geographic location(s) set out in geographic location(s) set out in labor condition application.labor condition application.Must agree to pay return Must agree to pay return transportation to country of transportation to country of nationality if H1B terminated before nationality if H1B terminated before end of visa petition approval (but not end of visa petition approval (but not enforceable).enforceable).

What’s Filed and When?What’s Filed and When?First is Labor Condition Application. Filed First is Labor Condition Application. Filed electronically with Department of Labor.electronically with Department of Labor.Next is H1B Petition, together with LCA, evidence of Next is H1B Petition, together with LCA, evidence of qualifications, and description of job, filed at either qualifications, and description of job, filed at either VT or CA Service Center of USCIS, depending on VT or CA Service Center of USCIS, depending on place of employment, or CA if quota exempt.place of employment, or CA if quota exempt.If employee maintaining lawful status in US, status is If employee maintaining lawful status in US, status is changed to H1B, along with family members.changed to H1B, along with family members.If outside US, or traveling following change of status, If outside US, or traveling following change of status, must obtain H1B visa at US consulate, unless going must obtain H1B visa at US consulate, unless going for 30 days or less to Canada/Mexico.for 30 days or less to Canada/Mexico.

The Magic ApprovalThe Magic ApprovalProcessing of the H generally takes three Processing of the H generally takes three to four months. Fifteen day to four months. Fifteen day premium premium processingprocessing is available for $1K; PP also is available for $1K; PP also guarantees easier communication with guarantees easier communication with USCIS via phone/email.USCIS via phone/email.Once approved, the H employee may Once approved, the H employee may “port” to a new employer once that “port” to a new employer once that employer employer files files a new petition. Approval of a new petition. Approval of new petition not necessary. BEWARE: new petition not necessary. BEWARE: porting if you have not been counted porting if you have not been counted against the quota.against the quota.

Any Pitfalls?Any Pitfalls?Horrible quota problems!Horrible quota problems!– Currently H1B’s are limited to about 78,789.Currently H1B’s are limited to about 78,789.~58,789 for those with no US earned ~58,789 for those with no US earned

Master’s.Master’s.--20,000 for those with US earned Master’s or --20,000 for those with US earned Master’s or

higher.higher.~6,800 reserved for H1B1 for citizens of ~6,800 reserved for H1B1 for citizens of

Chile, Singapore (unused numbers “fall Chile, Singapore (unused numbers “fall back” during first 45 days of new FY—589 back” during first 45 days of new FY—589 last year).last year).

Quota PitfallsQuota PitfallsExempt from the quota are persons Exempt from the quota are persons already counted already counted against it within past six yearsagainst it within past six years, as well as persons , as well as persons who work in higher ed and affiliated entities, non who work in higher ed and affiliated entities, non profit profit researchresearch and government and government researchresearch organizations, and physicians granted a waiver of organizations, and physicians granted a waiver of the two year home residence requirement for J’s. the two year home residence requirement for J’s. Note that most govt. entities and non profits are Note that most govt. entities and non profits are NOT exempt from quotas.NOT exempt from quotas.Persons engaged in concurrent quota exempt/quota Persons engaged in concurrent quota exempt/quota subject jobs also not subject.subject jobs also not subject.If you were an H employee for an quota-exempt If you were an H employee for an quota-exempt employer employer you were not counted against the quota, you were not counted against the quota, unless you began H status prior to October 20, 2000.unless you began H status prior to October 20, 2000.

Quota StatisticsQuota StatisticsFY 2008 regular quota exhausted April 3. FY 2008 regular quota exhausted April 3. All cases received April 2 and 3 were All cases received April 2 and 3 were placed in a lottery. About 40% selected.placed in a lottery. About 40% selected.US Master’s quota exhausted April 30.US Master’s quota exhausted April 30.This means most people are locked out of This means most people are locked out of H until October 1.H until October 1.Earliest application now for regular quota: Earliest application now for regular quota: April 1, 2008, for work to start October 1.April 1, 2008, for work to start October 1.Applicants should get all docs to attorney Applicants should get all docs to attorney NO LATER than March 1.NO LATER than March 1.Congressional action in election year Congressional action in election year doubtful. Hopefully relief will come in doubtful. Hopefully relief will come in Spring 2009.Spring 2009.

Quota Pitfalls?Quota Pitfalls?• Major problem arises when OPT or AT will Major problem arises when OPT or AT will

end prior to the beginning of H1B petition end prior to the beginning of H1B petition approval, plus the student’s (60 day) or approval, plus the student’s (60 day) or exchange visitor’s (30 day) grace period.exchange visitor’s (30 day) grace period.

• In years prior, immigration generally In years prior, immigration generally published “gap rule” allowing J’s and F’s published “gap rule” allowing J’s and F’s to maintain status during this period, to maintain status during this period, remain in the US, but not work.remain in the US, but not work.

• For several years: NO GAP RULE.For several years: NO GAP RULE.

Quota ExampleQuota ExampleCarlos’ F 1 OPT following his MBA Carlos’ F 1 OPT following his MBA began May 15, 2007 and ends May began May 15, 2007 and ends May 14, 2008. He finds a suitable job and 14, 2008. He finds a suitable job and the company petitions for his H1B on the company petitions for his H1B on April 1, 2008. Since the FY 08 April 1, 2008. Since the FY 08 (10/1/07 to 9/30/08) for US Master’s (10/1/07 to 9/30/08) for US Master’s recipients ran out on 4/30/07, his recipients ran out on 4/30/07, his employer asks for a visa number employer asks for a visa number from the new FY 09 quota for work from the new FY 09 quota for work beginning 10/1/08.beginning 10/1/08.

Quota QuandariesQuota QuandariesBut Carlos thus will have a gap in status from 7/14/08 But Carlos thus will have a gap in status from 7/14/08 (end of 60 day grace period) until 10/1/08. Can’t work (end of 60 day grace period) until 10/1/08. Can’t work after 5/14/08.after 5/14/08.What’s he to do now?What’s he to do now?– Apply for change of status to B 2 or other status? (logistics Apply for change of status to B 2 or other status? (logistics

issues) issues) – Apply for change of status to dependant (married/< 21)Apply for change of status to dependant (married/< 21)– Apply for admission to new program for Fall 2008? Kaplan? Apply for admission to new program for Fall 2008? Kaplan?

(money and intent issues)(money and intent issues)– Leave the US? (all sorts of issues) Leave the US? (all sorts of issues) – Work for company abroad?Work for company abroad?– File for PR thru company? (quota issues)File for PR thru company? (quota issues)

What could he have done differently?What could he have done differently?– Apply for H while still in school if BS degree relevant.Apply for H while still in school if BS degree relevant.– Postpone OPT start date til 7/14? (still a small gap).Postpone OPT start date til 7/14? (still a small gap).– Go back in time and alter his graduation date? (physics issuesGo back in time and alter his graduation date? (physics issues

—but see next slide!)—but see next slide!)

Your Grad Date and H1B CycleYour Grad Date and H1B CycleCurrent H1B quota problems make May Current H1B quota problems make May graduation very difficult, August less so graduation very difficult, August less so and December ideal. Why?and December ideal. Why?May 15, 2008: OPT until following May 14; May 15, 2008: OPT until following May 14; no H1B until October 1, 2008. GAP!no H1B until October 1, 2008. GAP!August 15: OPT until following August 14; August 15: OPT until following August 14; no H1B until October 1, 2008. POSSIBLE no H1B until October 1, 2008. POSSIBLE GAP!GAP!December 15: OPT until following December 15: OPT until following December 14; student applies for H1B December 14; student applies for H1B 4/1/08; gets it 10/1/08. NO GAP!4/1/08; gets it 10/1/08. NO GAP!

What About Finishing Early?What About Finishing Early?If you can finish all reqts for a US If you can finish all reqts for a US Master’s degree by April 1, you can Master’s degree by April 1, you can apply under the Master’s quota.apply under the Master’s quota.You cannot apply under the Master’s You cannot apply under the Master’s quota if finishing degree quota if finishing degree afterafter April 1. April 1.Some schools have implemented Some schools have implemented policies allowing students to finish policies allowing students to finish early.early.If you finish early, must If you finish early, must applyapply for OPT for OPT beforebefore April 1, but can push out OPT April 1, but can push out OPT up to 60 days—to June 1.up to 60 days—to June 1.

Careful, Careful Careful, Careful Many beginning positions in business do not require Many beginning positions in business do not require a degree: eg, sales, management trainee slots.a degree: eg, sales, management trainee slots.Many entry level jobs pay partly or solely on Many entry level jobs pay partly or solely on commission. Commission or sales bonuses generally commission. Commission or sales bonuses generally cannot be included in the wage computation.cannot be included in the wage computation.Beware of “make work” or make believe jobs from Beware of “make work” or make believe jobs from friends or relatives. Pay stubs, W 2’s will be friends or relatives. Pay stubs, W 2’s will be required when you go abroad for visa issuance, required when you go abroad for visa issuance, apply for future immigration benefits!apply for future immigration benefits!Also beware of fly-by-night consulting companies Also beware of fly-by-night consulting companies which may “bench” you until they place you in a job.which may “bench” you until they place you in a job.Startups, financially troubled businesses, and those Startups, financially troubled businesses, and those that take a tax loss each year will NOT be able to that take a tax loss each year will NOT be able to sponsor for permanent residence!sponsor for permanent residence!

Does This Job Really Require a Does This Job Really Require a Degree?Degree?

Complexity of job:Complexity of job:Does the job require the Does the job require the application of theoretical and practical knowledge application of theoretical and practical knowledge typically acquired in a relevant four year degree typically acquired in a relevant four year degree program?program?Employer reqts:Employer reqts: Has the employer consistently Has the employer consistently required a minimum of a Bachelor’s in particular required a minimum of a Bachelor’s in particular major(s) for position? Or is the requirement simply major(s) for position? Or is the requirement simply an employer preference? Or is the employer simply an employer preference? Or is the employer simply making up the requirement to get you an H1B?making up the requirement to get you an H1B?Other, similar:Other, similar: What are industry standards for What are industry standards for this type of job? Check ads on internet, DOL’s this type of job? Check ads on internet, DOL’s Occupational Outlook HandbookOccupational Outlook Handbook..$$$$:$$$$: Is the salary commensurate with a Is the salary commensurate with a professional-level position?professional-level position?

Can I Bank on This H?Can I Bank on This H?Example 1: Alexandre is offered a Example 1: Alexandre is offered a management trainee position at management trainee position at Hometown Bank. He is told by the HR Hometown Bank. He is told by the HR Director that for 18 months, he will cycle Director that for 18 months, he will cycle through all departments of the bank, and through all departments of the bank, and at the successful completion of this period, at the successful completion of this period, will become a Mortgage Loan Analyst, at a will become a Mortgage Loan Analyst, at a salary of 60K. During the training period, salary of 60K. During the training period, he will only be paid 25K. Ms. HR says that he will only be paid 25K. Ms. HR says that all prior trainees have possessed an MBA.all prior trainees have possessed an MBA.Can Alexandre get an H1B to begin his Can Alexandre get an H1B to begin his training?training?

Will Immigration Buy this One?Will Immigration Buy this One?Srilatha is offered a “Sales Associate” Srilatha is offered a “Sales Associate” position at Needless Markup department position at Needless Markup department store. Her salary will be 20K. She is told store. Her salary will be 20K. She is told that sales associates are often promoted that sales associates are often promoted from within, and that with her academic from within, and that with her academic background (MBA, BS in Fashion background (MBA, BS in Fashion Merchandising), she could soon rise to Merchandising), she could soon rise to Buyer or even Sales Manager.Buyer or even Sales Manager.Can Srilatha get an H1B with this offer?Can Srilatha get an H1B with this offer?

Will Immigration Get Technical?Will Immigration Get Technical?Yoshi has an MBA and BSME. He is offered a job Yoshi has an MBA and BSME. He is offered a job as “Technical Sales Associate” by a company as “Technical Sales Associate” by a company which manufactures elevators. He is to sell to which manufactures elevators. He is to sell to international customers, as well as to assist them international customers, as well as to assist them with after sale technical questions regarding the with after sale technical questions regarding the company’s products. His salary will be 40K. He is company’s products. His salary will be 40K. He is told that eventually he could rise to Regional told that eventually he could rise to Regional Sales Manager or Technical Sales Manager.Sales Manager or Technical Sales Manager.Does this offer hold H1B possibilities for Yoshi?Does this offer hold H1B possibilities for Yoshi?

Friends in High PlacesFriends in High PlacesAlberto has a wealthy friend who wants to open a Cesare Alberto has a wealthy friend who wants to open a Cesare Paciotti shoe store franchise on Madison Avenue in New Paciotti shoe store franchise on Madison Avenue in New York.York.He has known Alberto for several years and is the only one He has known Alberto for several years and is the only one he trusts to run the store. With shoes retailing from $400 to he trusts to run the store. With shoes retailing from $400 to over $1000, the friend wants the highest possible level of over $1000, the friend wants the highest possible level of service for customers.service for customers.Alberto will have a build out budget of $1 million; 20 full Alberto will have a build out budget of $1 million; 20 full and part time employees, inventory worth $1.5 million, and and part time employees, inventory worth $1.5 million, and an annual turnover of $5 million.an annual turnover of $5 million.Alberto will manage personnel, devise marketing Alberto will manage personnel, devise marketing campaigns, manage inventory, prepare financial campaigns, manage inventory, prepare financial projections, and oversee the entire operation. His salary will projections, and oversee the entire operation. His salary will start at 80K.start at 80K.H1B for Alberto?H1B for Alberto?

Do Your HomeworkDo Your HomeworkBefore the interview: Research the Before the interview: Research the company. If officers or other employees company. If officers or other employees are listed in literature or on website, are listed in literature or on website, see if there are obvious immigrants see if there are obvious immigrants among high ranking personnel.among high ranking personnel.Try to identify, beforehand if possible, Try to identify, beforehand if possible, who will be conducting your interview who will be conducting your interview and his/her function in company.and his/her function in company.

Pay AttentionPay AttentionWhen meeting the interviewer, ask for his When meeting the interviewer, ask for his or her card, if available, and look at it or her card, if available, and look at it carefully. Note the person’s title, and what carefully. Note the person’s title, and what that implies about his or her function.that implies about his or her function.You will find that functional managers and You will find that functional managers and others within your area of expertise may others within your area of expertise may have a very different point of view than have a very different point of view than persons with a recruiting or human persons with a recruiting or human resources function.resources function.

Who’s Across the Table?Who’s Across the Table?Persons who actually manage or Persons who actually manage or carry out work in your area are carry out work in your area are usually most concerned with the usually most concerned with the applicant’s skills, drive, and ability to applicant’s skills, drive, and ability to really get the job done.really get the job done.Recruiters and HR people often are Recruiters and HR people often are more concerned with process, rules, more concerned with process, rules, and “filling holes” in the company.and “filling holes” in the company.

Penetrating “Our Policy”Penetrating “Our Policy”If the interviewer is recruiter/HR, try to find If the interviewer is recruiter/HR, try to find out who you’d actually be working for or out who you’d actually be working for or who runs the office/division where the who runs the office/division where the opening exists.opening exists.In this way, if you are rebuffed, you may In this way, if you are rebuffed, you may be able to contact the manager directly, or be able to contact the manager directly, or use networking to do so, to try to use networking to do so, to try to overcome the interviewer’s objections to overcome the interviewer’s objections to hiring you. This is particularly the case if hiring you. This is particularly the case if told “We don’t sponsor for work visas.”told “We don’t sponsor for work visas.”

Don’t Take “No” for an AnswerDon’t Take “No” for an AnswerIf confronted with “we don’t sponsor”, If confronted with “we don’t sponsor”, after you identify the function of the after you identify the function of the individual, then try to find out WHY.individual, then try to find out WHY.Sometimes the individual doesn’t know, Sometimes the individual doesn’t know, the policy was established by someone the policy was established by someone “who’s no longer with the company”, etc.“who’s no longer with the company”, etc.If you decide to bypass the interviewer, If you decide to bypass the interviewer, and try to “go inside” the company, it’s and try to “go inside” the company, it’s very important to know the “why” of the very important to know the “why” of the “no sponsor” rule.“no sponsor” rule.

Employers’ Many MisconceptionsEmployers’ Many MisconceptionsEmployer believes that it must recruit, Employer believes that it must recruit, prove American workers not available, prove American workers not available, or prove that student is exceptional, or prove that student is exceptional, special, or unique to sponsor.special, or unique to sponsor.FALSE: No recruitment required. FALSE: No recruitment required. Special qualities not relevant. Two ten Special qualities not relevant. Two ten day postings are for notification only. day postings are for notification only.

Dumb and DumberDumb and DumberEmployer thinks the process “will get them in Employer thinks the process “will get them in trouble with immigration” (not unless they have trouble with immigration” (not unless they have otherwise shady practices or lie in the otherwise shady practices or lie in the paperwork).paperwork).Employer doesn’t want to reveal financial Employer doesn’t want to reveal financial information to USCIS: in the H1B context financial information to USCIS: in the H1B context financial info almost never needed.info almost never needed.Employer thinks they have to pay legal fees (not Employer thinks they have to pay legal fees (not unless this would push employee below required unless this would push employee below required wage).wage).

We’re So VainWe’re So VainEmployer thinks “it’s too much trouble, Employer thinks “it’s too much trouble, paperwork” (a few signatures, a ten day paperwork” (a few signatures, a ten day posting, no advertising; attorney can posting, no advertising; attorney can simplify process).simplify process).Employer worries about posting the Employer worries about posting the employee’s wage (post a range!).employee’s wage (post a range!).Employer feels they receive enough Employer feels they receive enough resumes from US workers; no need to resumes from US workers; no need to apply for a foreigner (didn’t they ever hear apply for a foreigner (didn’t they ever hear of the immigrant work ethic?; try to of the immigrant work ethic?; try to identify immigrants within the company).identify immigrants within the company).

Too Many LawyersToo Many LawyersEmployer worries that sponsorship may Employer worries that sponsorship may constitute contract of employment (no, but constitute contract of employment (no, but if they’re worried, do a memo of if they’re worried, do a memo of understanding both sign).understanding both sign).Employer worries that employee is later Employer worries that employee is later going to ask for PR and leave the company going to ask for PR and leave the company –they’ve been burned before (Sign a “one –they’ve been burned before (Sign a “one way” contract; employee has to repay way” contract; employee has to repay legal fees if leaves before a certain date; legal fees if leaves before a certain date; but employer retains right to “employ at but employer retains right to “employ at will”).will”).

Fine, If You’re FreeFine, If You’re FreeEmployer doesn’t want to pay Employer doesn’t want to pay ACWIA and fraud fees and wants ACWIA and fraud fees and wants employee to pay them.employee to pay them.

– There are penalties for employee There are penalties for employee payment of ACWIA fee.payment of ACWIA fee.

– No apparent penalty for employee No apparent penalty for employee paying fraud fee.paying fraud fee.

These fees are less than what the These fees are less than what the employer would pay a recruiter.employer would pay a recruiter.

Let’s Make a DealLet’s Make a DealEmployer doesn’t want to pay required Employer doesn’t want to pay required wage and wants to have “side deal” with wage and wants to have “side deal” with employee to pay less or pay part in employee to pay less or pay part in commissions/bonuses.commissions/bonuses.– There are severe penalties, including back pay, There are severe penalties, including back pay,

fines up to $5000 per incident, and prohibition fines up to $5000 per incident, and prohibition from petitioning for any employment based from petitioning for any employment based nonimmigrant/immigrant for up to two years nonimmigrant/immigrant for up to two years for this practice.for this practice.

– Pay stubs, W 2’s are often requested at visa Pay stubs, W 2’s are often requested at visa interviews, and in connection with applications interviews, and in connection with applications for immigration benefits.for immigration benefits.

What if Size H Doesn’t Fit?What if Size H Doesn’t Fit?TN (Treaty NAFTA) for citizens of Canada TN (Treaty NAFTA) for citizens of Canada and Mexico only. Occupations listed at 8 and Mexico only. Occupations listed at 8 Code of Federal Regulations Sec. Code of Federal Regulations Sec. 214.6(c) generally require a minimum of 214.6(c) generally require a minimum of Bachelor’s degree. But MBA’s beware: Bachelor’s degree. But MBA’s beware: “Management Consultant” is carefully “Management Consultant” is carefully scrutinized; generally must be scrutinized; generally must be independent contractor. TN given in one independent contractor. TN given in one year increments; requires residence year increments; requires residence abroad (no dual intent).abroad (no dual intent).

Other Ways to Heaven?Other Ways to Heaven?H1B1 visa for Chile, Singapore: very H1B1 visa for Chile, Singapore: very similar to normal H1B, except granted in similar to normal H1B, except granted in one year increments, requires residence one year increments, requires residence abroad (no dual intent).abroad (no dual intent).E 3 for Australian citizens; again very E 3 for Australian citizens; again very similar to H1B; minimum Bachelor’s, dual similar to H1B; minimum Bachelor’s, dual intent ok; spouses may work.intent ok; spouses may work.H-3 trainee. 2 yrs max; training must be H-3 trainee. 2 yrs max; training must be for job abroad.for job abroad.J-1 trainee. 18 mo. max; looser than H 3, J-1 trainee. 18 mo. max; looser than H 3, but many J sponsors will not sponsor if you but many J sponsors will not sponsor if you are in US.are in US.

Money, God or Business?Money, God or Business?E 1/E 2: if your country of nationality has an E 1/E 2: if your country of nationality has an trader/investor treaty with US, investment of as trader/investor treaty with US, investment of as little as 50K in a job-creating business can mean little as 50K in a job-creating business can mean a visa for life, work permit for spouse.a visa for life, work permit for spouse.L 1A/L 1B: if you were employed by a company L 1A/L 1B: if you were employed by a company abroad for at least a year before coming to the abroad for at least a year before coming to the US, and they wish to employ you in US; work US, and they wish to employ you in US; work permit for spouse.permit for spouse.R-1: possible if job offer has a significant religious R-1: possible if job offer has a significant religious component.component.B-1 business visitor: only possible if employed B-1 business visitor: only possible if employed outside US, no remuneration in US except outside US, no remuneration in US except expenses, and product/service is made/rendered expenses, and product/service is made/rendered outside US. VERY LIMITED UTILITY.outside US. VERY LIMITED UTILITY.

Get A Lawyer?Get A Lawyer?There are many other nonimmigrant There are many other nonimmigrant visa classifications, some of which visa classifications, some of which may be appropriate to recent may be appropriate to recent graduates in rare situations. These graduates in rare situations. These should be explored with an should be explored with an experienced immigration attorney.experienced immigration attorney.If your employer does not have an If your employer does not have an immigration attorney, choose with immigration attorney, choose with care! Do your research well.care! Do your research well.

If You Wish to Contact MeIf You Wish to Contact MePlease call, Please call, or or send a brief, to the point send a brief, to the point email.email.Long, multipart emails will result in a Long, multipart emails will result in a request that you set an appointment, which request that you set an appointment, which may always be by phone, or in person.may always be by phone, or in person.Your “one simple question” may not be Your “one simple question” may not be simple, eg, “How can I get a green card?”simple, eg, “How can I get a green card?”It is unethical for me to respond to inquiries It is unethical for me to respond to inquiries where you and/or your employer already where you and/or your employer already have an immigration attorney unless you have an immigration attorney unless you set an appointment with me.set an appointment with me.

The Coveted H1B: Clearing The Coveted H1B: Clearing All The HurdlesAll The Hurdles

Presented by:Presented by:David A.M. Ware, attorney at lawDavid A.M. Ware, attorney at law

www.david-ware.com. . dware@david-ware.com800 537 0179800 537 0179

National Practice with Offices Across the Gulf SouthNational Practice with Offices Across the Gulf South