EXPATRIATE SERVICES IMMIGRATION TEAM

Transcription

1 EXPATRIATE SERVICES IMMIGRATION TEAM PRESENTATION TO OUTPOST HOUSTON SEPTEMBER 27, 2007 Human Resources HR SERVICES 10/1/2007 Copyright: Shell International Ltd 2007

2 WHO WE ARE Non-US Parented SIEP and SEPCo focal point Sande Lornes, ; All other BU s focal point Lina Rozo, ; Lina.Rozo@shell.com Green Card focal point - Sande Lornes, ; Sandra.Lornes@shell.com US-Parented Surnames A-L, Sylvia Perez, ; Sylvia.Perez@shell.com Surnames M-Z, Kristin Janicek, ; Kristin.Janicek@shell.com Team Lead Terry Rodriguez, ; Terry.Rodriguez@shell.com

3 WHAT WE DO Non-US Parented Partner with each Shell Business in the U.S. to maintain and keep all foreign national employees in legal non-immigration visa status. Provide immigration assistance for foreign nationals, and eligible dependent family members, who will be residing and employed in US. Partner with and leverage expertise of outside legal counsel to provide expert, cost-efficient legal immigration advice to US businesses for their employees. US-Parented Provide immigration assistance for US nationals, and eligible dependent family members, who will be residing and employed outside the US. Provide immigration assistance for foreign nationals, and eligible dependent family members, departing US to next assignment. Assist Shell staff (foreign nationals and US nationals) with business visas for Nigeria, China, Russia, and Brazil. Partner with and leverage expertise of outside vendors: --VIP (visa and passport assistance); BAL (legal counsel / assistance with re-entry permits for Green Card holders).

4 THE WORLD OF IMMIGRATION OUR PURPOSE FOR TODAY: National and International Travel Passports Visa Appointment Processing at American Embassies Permanent Residency (Green Card)

5 INTERNATIONAL MOBILITY REVIEW Any questions regarding the International Mobility Review Program will not be addressed today. Any questions, beginning October 1, should be addressed to: --In the Americas, SI IMR-QUERYDESK-AMERICAS SI-HRPDS --In US and Canada, to discuss more complex issues, call:

6 GENERAL HIGHLIGHTS AR-11 Change of Address form must be submitted within 10 days of moving. AR-11 can now be e-filed online at: There is a difference between changing your address for legal purposes and for pending petitions or applications. It is a misdemeanor crime to willfully not comply with the AR-11 requirement. The consequences, if convicted, may be a $200 fine and/or imprisonment for up to 30 days, or deportation from the United States.

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8 GENERAL HIGHLIGHTS Filing fees have increased this year! Employment Authorization Card (EAD) fees (such as for L-2 spouse) have increased from $180 to $340! Bring any job changes or location changes to the attention of your Immigration Team Focal Point BEFORE the change occurs. An amended visa petition may be required. New H-1B filings for fiscal year 2008 must be filed on March 30, 2008 for visa status that will begin October 1, It is expected that all 65,000 will be gone again in one day! TN visa status for Canadian citizens face increased scrutiny at the border (although no formal rule changes have been enacted). Non- Canadian degrees should have original evaluations/translations.

9 NATIONAL AND INTERNATIONAL TRAVEL Increased scrutiny at the airports US VISIT expanding to departures requiring check out from the US by scanning passport, index fingers, etc. US VISIT may be expanded to permanent residents (Green Cards), asylees/refugees, and Canadians with I-94 cards (i.e., workers, students, etc.)

10 NATIONAL AND INTERNATIONAL TRAVEL REMINDERS: Always ensure you have a valid visa to enter the US (not just an I-797 extension approval notice) except Canadians. Always check your I-94 card to ensure it has the correct expiration date and status. Carry the Shell Blanket I-797 Approval notice with you when traveling. If you need a copy of any Receipt or Approval Notice, send request to shellimmigration@usabal.com Specify your name, business, whether you are looking for a Receipt or Approval Notice, and the type of case (L-1, I- 485, etc.) Always carry your passport/visa/i-94 card/i-797 with you when traveling domestically within the US, near the US/Mexican border or near seaports, and internationally.

11 PASSPORTS WESTERN HEMISPHERE TRAVEL INITIATIVE Effective January 23, 2007, all travelers to and from the US, Canada, Mexico, Central and South America, the Caribbean and Bermuda are required to show a passport when entering the US by air. As early as January 1, 2008, passports will also be required for land and sea entries for all travelers.

12 PASSPORTS REMINDERS: It is the foreign national s responsibility to maintain, keep valid, and renew your, and all eligible dependents, passports while on US assignment. If you obtain a new passport, but still have a valid visa in your previous passport, you may carry both passports together and continue to use the visa until its expiration. You can also obtain a new visa in the new passport on your next trip overseas, if you prefer. Children born in the US are automatically US citizens and should use a US passport to enter the US.

13 VISA WAIVER PROGRAM The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less, without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Currently there are 27 countries that participate in the program: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, United Kingdom

14 VISA WAIVER PROGRAM Not all countries participate in the VWP, and not all travelers from VWP countries are eligible to use the program. VWP travelers are screened prior to admission into the United States, and they are enrolled in the Department of Homeland Security s US-VISIT program. PASSPORT ISSUANCE DATE DETERMINES REQUIREMENTS Machine-readable passport issued or renewed/extended on or after October 26, 2006 requires an integrated chip with information from the data page (e-passport). Machine-readable passport issued or renewed/extended between October 26, 2005 and October 25, 2006 requires a digital photograph printed on the data page or integrated chip with information from the data page. Machine-readable passport issued or renewed/extended before October 26, 2005 does not have any further requirements.

15 AMERICAN EMBASSY VISA PROCESSING BE PREPARED! Certain countries require additional security clearances which may take weeks (or even months). Working with certain technologies requires additional security clearances. Prior offenses/arrests (even if not found guilty) may cause delays in processing. US Embassies and Consulates require visa appointments. Some American Embassies may be booked weeks or months in advance. PLAN AHEAD! We are approaching Holidays/End Of Year, increased high-volume activity.

16 AMERICAN EMBASSY VISA PROCESSING Check online at Processing time after the visa appointment at many American Embassies is approximately 5-7 business days. Sufficient time must be built into the overseas travel to wait for return of passport/visa. Visa appointments in Mexico and Canada are very difficult to obtain and can only be made online at: Canada Mexico : Consulates in Mexico, besides Matamoros, should be reviewed with your Immigration Team Focal Point prior to making the visa appointment. Safety and processing issues need to be considered. Shell recommends only the American Consulate at Matamoros, Mexico.

17 PERMANENT RESIDENCY (GREEN CARD) Employer-based, not employee-based. Policy has changed. Now requires: --change in base country approval --US businesses hire foreign national candidates as local non-nationals, with base country other than the US Increased delays, due to an insufficient number of Green Cards available each year. Heightened standard related to overseas assignments.

18 PERMANENT RESIDENCY (GREEN CARD) BACKGROUND Green Cards are obtained via several avenues: e.g., family-based, employment-based, lottery-based, asylum-based. Within employment-based residency, there are several categories: 1. EB-1 (Extraordinary Ability, Outstanding Researcher/Professor, Intracompany Manager 2. EB-2 (Exceptional Ability, Advanced Degree Professional) 3. EB-3 (Professionals, Skilled, Unskilled) Shell sponsorship is required for all categories, except Extraordinary Ability and EB-2 National Interest Waiver cases. Both have extremely high thresholds. Extraordinary Ability requires proving you are in "that small percentage who has risen to the very top of the field of endeavor. National Interest Waivers require showing a national benefit so great as to outweigh the national interest inherent in the labor certification process and that the alien will serve the national interest to a substantially greater degree than would an available US worker having the same minimum qualifications.

19 PERMANENT RESIDENCY (GREEN CARD) MOST COMMON SHELL CATEGORIES Intra-company Manager was a manager overseas with Shell for at least 1 year in the 3 years prior to transfer, and currently functions in a US managerial position. No labor certification is required. Advanced Degree Professional Holds a Masters or Ph.D. Degree (or its equivalent) AND minimum Shell requirement for the position is a Masters or Ph.D. (or its equivalent). Labor certification is required. Professional Holds a Bachelors Degree and minimum Shell requirement for the position is a Bachelors. Labor certification is required.

20 PERMANENT RESIDENCY (GREEN CARD) PROCESS Intra-company Manager I-140 immigrant petition filing and I-485 adjustment of status filing both with CIS. Advanced Degree Professional and/or Professional PERM labor certification filing with DOL, I-140 immigrant petition filing with CIS, and I-485 adjustment of status filing with CIS.

21 PERMANENT RESIDENCY (GREEN CARD) TIMING Timing depends on the category and country of birth. Visa retrogression backlog resulting from more demand (applications) than supply (quota on Green Cards per year) has severely slowed processing times for some. Your spot in the queue is determined by the filing date of your PERM labor certification application. EB-1 is not retrogressed meaning all intra-company managers process without additional delays and average approximately 6-8 months. EB-2 is particularly retrogressed for India and China (India: April 1, 2004; China: Jan. 1, 2006). All others average approximately months. All EB-3 is significantly retrogressed (China: Sept. 2001; India and Mexico: April 2001; All Others: Aug. 2002).

22 PERMANENT RESIDENCY (GREEN CARD) OVERSEAS ASSIGNMENTS MAINTAINING A GREEN CARD Generally, 4-5 year assignments overseas will not jeopardize a Green Card, provided certain actions are taken, including: --Filing US tax returns each year as a resident (mandatory). --Maintaining as many ties to the US as possible. --Visiting the US several times each year, if possible. --Having a fixed end date for the assignment. --Filing for a reentry permit before leaving and renewing it during the assignment, as needed. The reentry permit is required, if you stay outside the US for more than 365 consecutive days. Even if returning within a year, it provides strong, objective evidence of your intention NOT to abandon your permanent residence, and is, therefore, highly recommended.

23 PERMANENT RESIDENCY (GREEN CARD) OVERSEAS ASSIGNMENTS IMPACT ON CITIZENSHIP There has been a heightened standard enforced regarding overseas assignments related to naturalization (citizenship). Naturalization requires having 5 years of continuous residence in the US with your Green Card (3 years if married to a US citizen). Within that 5-year period, you must be physically present for 2 ½ years. Immigration has repeatedly determined that an overseas assignment, regardless of how often you visit the US each year, breaks the continuity of your US residence for naturalization purposes. The end result is that after the assignment ends, and you return to the US, you must accrue 4 years and 1 day of continuous residence again in the US to be eligible for naturalization. Shell employees are not eligible to file an N-470 application to preserve continuity of residence as Royal Dutch Shell plc is not US-owned.

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