Immigration Options for IT Professionals

Similar documents
H-4 SPOUSE EMPLOYMENT

Work Authorization for Foreign National Employees

H-1B Visa. Presented by Andy Buffington of Davies Pearson, P.C. Tacoma, WA

Nonimmigrant Visas and Immigration Basics

H-1B Visa. Summary of the H-1B Visa. Presented by Sok-Khieng (So-Can) Lim of Davies Pearson, P.C. Tacoma, WA

Immigration Concerns When A Foreign National Is Involved With A Start-Up

Overview of U.S. Immigration Law & Procedures for Employers

Visa Sponsorship at CUMC

Employing Foreign Workers: What US Companies and Counsel Need to Know

WORK VISA AND GREEN CARD OPTIONS

Work Visa and Green Card Options

Life After OPT RICHARD YEMM

H-1B Visa Status Processing Procedures University of Wisconsin-Stout

Introduction. Rolling the Dice: How to Navigate the H-1B Lottery and Other Visa Options 2/17/2017

H-1B Cap Completed: A Look At Employer Alternatives

Employment Options for Foreign Nationals with Non-Immigrant Visas. April, 2009

Key Provisions: Immigration Innovation Act of 2018 (I-Squared)

H-1B Visa. Temporary specialty worker 6-year maximum, 3 year maximum in one petition Government Agencies involved

the Comprehensive Guide to H-1B Visa Alternatives

Life after OPT RICHARD YEMM

Demystifying the H-1B Process. What Higher Education Supervisors Need to Know

IMMIGRATION OUTLINE: NONIMMIGRANT VISAS FOR PROFESSIONALS AND SPECIALTY OCCUPATIONS

Retains the 140,000 base, but reduces (or eliminates) the green card backlog through a number of exemptions, including:

Employment Options and Guidelines for Hiring Foreign Employees. MOTT Center Wayne State University March 23, 2010

H-1B Visa. Specialty Occupation. Roles in Application. H-1B Visa Presentation to UMN International Community Spring Employer is the applicant

Michelle A. White. Focus Areas. Overview. Professional and Community Affiliations. Education

Moving H-1b Employees to a New Location

H-1B Visa Training. Human Resources & Office of International Students & Scholars January 29, 2014

Employer s Guide: Hiring International Graduate Business Students

TOPIC: INTRODUCTION: DISCUSSION: Foreign Faculty in H-1B Status: Understanding the Basics

Work Visas and Permanent Residency Global Education Office, University of New Mexico November 11, 2016 University of New Mexico, Mitchel Hall, Room

H-1B s and Beyond. Monday, December 10, 12

Employer's Guide: Hiring Creighton's International Students

H-1B Attestation and PERM Labor Certification

H-1B Time Limitations

H-1B Temporary Workers Handbook

FILING AN H-1B VISA PETITION WITH

The H-1B Visa and You. Davenport University March 4, 2011 Susan S. Im

H-1B REQUEST HANDBOOK

H-1B Visa Process. H-1B Visa Resource Guide for Faculty

DEPARTMENT QUESTIONNAIRE & CHECKLIST NONIMMIGRANT VISAS H-1B E-3 O-1 TN-1 (FY 2018)

HIRING FOREIGN NATIONALS: What to Know, Whom to Contact, What to Do

COMMONLY USED NON-IMMIGRANT VISAS By: Laura Foote Reiff

Office of International Affairs Clemson University. H-1B Employee Information

The H-1B and L-1 Visa Reform Act of 2017 Section-by-Section Chart

DECEMBER 2015 MONTHLY VISA PRESENTATION

Sponsoring. an H-1B Visa Petition WITH VISANOW. For the Employer. fein

Immigration June 2013 No. 1

Report on H-1B Petitions Fiscal Year 2013 Annual Report to Congress October 1, 2012 September 30, 2013

Department Questionnaire for H-1B Temporary Worker - Specialty Occupation

APPLICATION PACKET FOR H1-B (TEMPORARY WORKER)

Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003

Peter F. Asaad, Attorney At Law Immigration Solutions Group, PLLC. Wednesday, June 3, 2009

Characteristics of Specialty Occupation Workers (H-1B): October 1999 to February 2000 U.S. Immigration and Naturalization Service June 2000

Case 3:16-cv SI Document 1 Filed 06/02/16 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION.

H-1B STATUS AND PROCESSING FREQUENTLY ASKED QUESTIONS

Recruiting and Hiring Critical Shortage Teachers on an H1B

H1 B Checklist for Prospective Employees. Family: First: Middle: Yes: (please complete Section B) No: Date of Birth: Month: Day: Year: Birthplace:

Application for H-1B Status

305: How to Develop An International Recruitment Program

April 10, :00pm (ET) Our thanks to today s sponsor: TRC Global Mobility

H-1B Employing Department Request Packet Staff Positions

IMMIGRATION COMPLIANCE LIABILITY IN THE TRUMP ERA STRATEGIES TO IDENTIFY AND MITIGATE RISK

VISAS FOR INTRA-COMPANY TRANSFEREE EMPLOYEES (L-1A VISA) Presenter: Edward C. Beshara President & Attorney at Law

October 12 th, pm (ET)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

H-1B PETITION CHECKLIST

H-1B Temporary Specialty Worker Department Checklist for Extension Applications

H-1B Employee Orientation

H-1B Visa and Green Card Reform. Joshua Gloster. University of Georgia

2012 Annual Symposium

Labor Market Openness, H-1B Visa Policy, and the Scale of International Student Enrollment in the US

US Job-Search Tips and Work Authorization for International Students and Postdocs*!

April 2008 IMMIGRATION ALERT:

The H-1B Visa cap will open on April 1 and U.S. Citizenship and Immigration Services (USCIS) will stop accepting petitions after April 7.

Specializing in Visas for Professionals OPT H-1B Green Cards New Visa Rules and Travel Ban. Martin J. Lawler

Introduction. Questions & Answers

N F A P P O L I C Y B R I E F» J U N E

In the United States District Court for the District of Columbia

12 month OPT, Cap Gap & STEM OPT

International Migration and Economic Development of Global Metropolitan Areas. Neil G. Ruiz, Brookings Mountain West-UNLV, February 5, 2014

THE GEORGE WASHINGTON UNIVERSITY INTERNATIONAL SERVICES OFFICE

Hiring International Faculty and Researchers. Overview. What do we do at SISS?

Global Immigration & Visa consulting firm

Fact Sheet 2010 SCIENTISTS AND ENGINEERS: VITAL STATISTICS

IMMIGRATION ALERT MANAGING THE H-1B CAP

H-1B PETITIONS FOR FACULTY APPOINTMENTS:

HEALTH SCIENCES CENTER FACULTY CONTRACTS OFFICE. HSC Administrators Meeting February 8, :30 10:00

A Report of The Heritage Center for Data Analysis

N A T I O N A L F O U N D A T I O N F O R A M E R I C A N P O L I C Y

Backgrounder. The Bottom of the Pay Scale Wages for H-1B Computer Programmers

Chicago Scholarship Online Abstract and Keywords. U.S. Engineering in the Global Economy Richard B. Freeman and Hal Salzman

Immigration: Legislative Issues on Nonimmigrant Professional Specialty (H-1B) Workers

New Insights from the Dept. of Labor PERM Labor Certification Database

F&B Health Care Webinar

Bridge to Immigration or Cheap Temporary Labor? H-1B & L-1 Visas Are a Source of Both

Credential Evaluation. A guide for newcomers to British Columbia

For Nurses In Australia

Immigration: Legislative Issues on Nonimmigrant Professional Specialty (H-1B) Workers

DEMYSTIFYING THE HHS WAIVER PROCESS

Transcription:

Immigration Options for IT Professionals 21700 16030 Oxnard Ventura Street, Boulevard, Suite 860, Suite Woodland 300, Encino, Hills, CA 91436 91367 T 818.435.3500 F 818.435.3535 Info@SostrinImmigration.com www.sostrinimmigration.com

Overview Nonimmigrant work visas Permanent residence options Executive Action Interviewing strategies Immigration planning strategies Q & A

Overview All non-u.s. citizens and non-permanent residents require a visa to enter the U.S. Employer may sponsor an employee for nonimmigrant visa to authorize work Nonimmigrant visas are valid for temporary period Employer may sponsor an employee for permanent residence ( green card )

Nonimmigrant Visas (H-1B) H-1B Specialty Occupation Visa requirements: Must hold bachelor s degree or equivalent in a specific specialty (e.g., Computer Science, Mathematics, etc.) Job must require at least bachelor s degree in specialized field Specialty occupation requires theoretical and practical application of a body of specialized knowledge and attainment of a bachelor s or higher degree in the specific specialty as a minimum for entry into the occupation

Nonimmigrant Visas (H-1B) UAMS prepared H-1B petitions in-house H-1B filing process: Determine prevailing wage Employer must file Labor Condition Application (LCA) to confirm that will pay required wages File H-1B petition with USCIS Petition must contain: certified LCA, I-129 forms, support letter, employee s qualifications, information about employer, filing fees

Nonimmigrant Visas (H-1B) H-1B is subject to an annual cap (private industry employers only): 65,000 visas issued each fiscal year 5,400 Singapore 1,400 Chile Additional 20,000 issued to graduates of U.S. advanced degree programs (master s or above) Cap is often reached quickly

Nonimmigrant Visas (H-1B) Fiscal year: October 1 September 30 May start filing on April 1 for next FY FY 2015: H-1B cap reached 04/01/2014 FY 2014: H-1B cap reached 04/01/2013 FY 2013: H-1B cap reached 06/11/2012 FY 2012: H-1B cap reached 11/22/2011 FY 2011: H-1B cap reached 01/27/2011 FY 2010: H-1B cap reached 12/21/2009 FY 2009: H-1B cap reached 04/01/2008 FY 2008: H-1B cap reached 04/01/2007

Nonimmigrant Visas (H-1B) Employers not subject to H-1B cap: Institutions of higher education (universities, colleges, teaching hospitals); Non-profit organizations affiliated with institutions of higher education (must have affiliation agreement) Non-profit research organizations Government research organizations

Nonimmigrant Visas (H-1B) Employees not subject to H-1B cap: If already counted toward the cap (petition filed by prior employer) If work for private employer at institution of higher education (universities, colleges, teaching hospitals) Doctor who got a J-1 waiver to work in underserved area

Nonimmigrant Visas (H-1B) Validity period of H-1B visa: 3 years, plus 3-year extension (total 6 years) May extend beyond 6-year maximum if: Green card started more than 1 year before H-1B expiration (will get 1-year extensions) Immigrant visa (I-140) approved, but employee may not file adjustment application (I-485) because subject to visa retrogression (will get 3-year extensions) Spouse/children: H-4 visa (no work authorization, except if certain I-140s approved)

H-4 Spouse EAD Exception H-4 spouse may apply for EAD if: H-1B spouse holds an approved immigrant visa petition (Form I-140); or H-1B spouse was granted extra H-1B time because: 365 days have passed since establishing a priority date; or I-140 is approved and priority date is not current EAD applications take 90 days to process

Nonimmigrant Visas (H-1B) Employer s responsibilities: Pay all H-1B expenses,, including attorney and filing fees (except optional premium processing fee) Pay required wage Offer same benefits as to U.S. workers Attest that no strike at workplace Maintain Public Access File If H-1B worker terminated, must pay for return transportation home (if worker returns home)

Nonimmigrant Visas (H-1B) Employer-specific visa (must work for sponsoring employer only) May work for multiple employers (need concurrent petitions) May work full-time or part-time May transfer to another employer if transfer petition is filed Material changes to employment (salary, duties, location, hours) may require amended petition

Nonimmigrant Visas (H-1B) H-1B USCIS filing fees: Standard fee: $325 Fraud prevention and detection fee: $500 (only with initial filing) Training fee (only for cap-subject employers for initial filing and first extension): $1,500 for employers with 26 or more employees $750 for employers with 25 or fewer employees Premium processing fee (optional): $1,225

Nonimmigrant Visas (H-1B) H-1B planning strategies: File early to avoid reaching the H-1B cap Find cooperative employer Employer must pay all H-1B fees Obtain detailed job duties description Avoid job shops If employment terminated, no grace period

Nonimmigrant Visas (H-1B) If reach 6-year maximum limit: Recapture time spent abroad (keep travel records); Extend H-1B beyond 6 years (if green card filed) Qualify for another non-immigrant status Go abroad for 1 year (re-starts 6-year clock) Because of 6-year maximum, must start long-term planning early (no later than in 5 th year)

Nonimmigrant Visas (E-3) E-3 Treaty Visa requirements: Beneficiary must be Australian citizen Specialty occupation visa (similar to H-1B) Not subject to annual cap Valid for 2 years with indefinite extensions May apply at Consulate If filed with USCIS, filing fee: $325 (no premium processing) Spouse/children: E-3 Dependent visa (may apply for work authorization)

Nonimmigrant Visas (TN) TN (Trade NAFTA) Visa requirements: Applicant must be citizen of Canada or Mexico Profession is on NAFTA list (http://www.uscis.gov/iframe/ilink/docview/slb /HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-21051.html) Position requires NAFTA professional Applicant will work full-time or part-time for U.S. employer (self-employment not permitted) Applicant has required qualifications

Nonimmigrant Visas (TN) TN visa valid for 3 years (may be extended indefinitely) Applicant must maintain nonimmigrant intent Canadians may apply at border or file petition with USCIS Mexicans must apply for visa at consulate Extensions may be filed with USCIS Spouse/children: TD visa (no work authorization) TN USCIS filing fee: $325 (premium processing available)

Nonimmigrant Visas (O-1) O-1 Extraordinary Ability Visa requirements: Must demonstrate sustained national or international acclaim and recognition for achievements Must show that has risen to the top of the field Spouse/children: O-3 visa (no work authorization)

Nonimmigrant Visas (O-1) How to demonstrate sustained acclaim: Evidence of a one-time achievement (a major, internationally recognized award); or Evidence of at least 3 regulatory criteria Valid for 3 years, with 1-year extensions May extend O-1 visa indefinitely O-1 USCIS filing fee: $325 (premium processing available)

Nonimmigrant Visas (O-1) Must meet at least 3 of the following criteria: National or international awards Membership in associations in the field that require outstanding achievements Published material about beneficiary Participation as a judge of the work of others Original scientific or scholarly contributions of major significance Authorship of scholarly articles in professional journals Employment in a critical/essential capacity for organizations with distinguished reputation High salary or remuneration for services

Immigrant Visas Immigrant visa is path to permanent residence (two- or three-step process) Options depend on job, employee s qualifications, employer s involvement Each case is analyzed individually to determine the best strategy

Immigrant Visas (PERM) PERM Labor Certification process: Test of local labor market for available U.S. workers, able, willing and qualified for the job Recruitment conducted before applying to DOL If no able, willing and qualified U.S. workers, DOL will certify PERM application If U.S. worker applies for the job and meets the minimum requirements, application may be denied

Immigrant Visas (PERM) Employer s responsibilities: Establish minimum requirements (educational, training, experiential) for the job Recruit for a minimally qualified U.S. worker Offer to pay prevailing wage Pay legal fees and recruitment costs Employee may not participate in recruitment

Immigrant Visas (PERM) All recruitment must be done 30-180 days prior to filing with DOL All potentially qualified U.S. applicants must be interviewed to determine whether qualified U.S. applicants = U.S. citizens, permanent residents, refugees or asylees Non-U.S. applicants do not have to be considered

Immigrant Visas (PERM) After PERM approved, may file immigrant visa petition (I-140) Employer must show ability to pay worker s wage (annual report, tax return, audited financial statements, or confirmation letter) Employee must meet job requirements (education, training, experience)

Immigrant Visas (PERM) If no visa retrogression, beneficiary may file Adjustment of Status Application (I-485) Visa retrogression: Backlog in immigrant visa availability for certain categories (EB-3 for all countries; EB-2 for China and India) Not eligible to file I-485 until priority date (PD) becomes current PD established when PERM filed

Immigrant Visas (PERM) Filing fees: PERM: no fee I-140: $580 (premium processing available) I-485: $1,070 per applicant (premium processing not available) Processing periods: PERM: 6-8 months if no audit I-140: 6-9 months (15 days if premium processing) I-485: 6-9 months

Immigrant Visas (EB-12) Outstanding Professor or Researcher Immigrant Visa requirements: Available to professors or researchers only Must be sponsored by an employer (no selfsponsorship) Must demonstrate international recognition as outstanding in the field Must have at least 3 years of teaching/research experience

Immigrant Visas (EB-12) Must meet at least 2 regulatory criteria: Major prizes or awards for outstanding achievement Membership in professional associations that require outstanding achievements Published material about beneficiary s work Participation as a judge of the work of others Original scientific or scholarly contributions Authorship of scholarly books or articles

Immigrant Visas (NIW) National Interest Waiver requirements: Work must be of intrinsic merit; Benefit to U.S. must be national in scope; and National interest will be adversely affected if labor certification were required. EB-2 immigrant classification (subject to retrogression for China and India)

Immigrant Visas (NIW) Must have advanced degree or exceptional ability Government funding is critical May self-sponsor May file I-485 concurrently if visa number available No premium processing available

Immigrant Visas Present as much evidence as possible to meet more than minimum requirements May file I-485 concurrently if visas available If employer-sponsored, employer must demonstrate ability to pay the wage If self-sponsored, must demonstrate that will work in the field

Immigrant Visas USCIS filing fees: I-140: $580 (premium processing available, except for NIW) I-485: $1,070 per applicant (premium processing not available) Processing periods: I-140: 6-9 months (15 days if premium) I-485: 6-9 months

Executive Action On November 20, 2014, President Barack Obama announced a series of Executive Actions: Employees with approved I-140 subject to visa retrogression will be able to pre-register for adjustment of status and apply for EAD and AP H-4 dependents whose H-1B spouses started permanent residence process will be eligible for EAD Researchers, entrepreneurs, investors, and founders of start-up companies will be eligible for NIW

Executive Action (continued) Inventors, researchers, and founders of start-up companies who (1) have been awarded U.S. investor financing, or (2) hold promise of innovation and job creation, will be eligible for Parole status 29-month STEM EAD will be extended and definition of STEM fields will be expanded PERM process will be modernized, including new recruitment guidelines and premium processing Some elements of Executive Action are already in effect and additional guidance will be issued

Interviewing Strategies Use EAD as stepping stone to prove yourself Be upfront about immigration status Ask about company sponsorship policies Offer to hire own immigration attorney Offer to pay all fees allowed by law Explain extra benefits of hiring international staff

Why Hire International Staff? International life and work experience Multi-lingual communication skills Understanding of global cultures, markets, and business practices Adaptability and perseverance in managing changing environment Strong motivation and work ethic

Why Hire International Staff? Enthusiasm and team-oriented attitude Ability to work internationally Fresh perspectives and new problemsolving skills Commitment to employer because of visa sponsorship Diversity in the workplace

Thank you for attending Questions? by Sostrin Immigration Lawyers, LLP. All rights reserved

Presenter Rita Sostrin (rsostrin@sostrinimmigration.com) is a partner of Sostrin Immigration Lawyers, LLP. Ms. Sostrin focuses her practice on immigration of international professionals and scientists of extraordinary ability. Throughout her professional career, Ms. Sostrin has represented a diverse array of clients across the United States, handling all aspects of employment-based immigration for employers in various industries including academia, medical, hightech and entertainment. She frequently receives invitations to speak at national and regional conferences and to write for legal publications. Ms. Sostrin is included in The International Who s Who of Corporate Immigration Lawyers, Chambers USA, Best Lawyers in America, and U.S. News & World Report.