LAW OFFICE OF CLAUDINE U. GASANA 2425 WEST LOOP S., SUITE 200 HOUSTON, TEXAS /

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1 LAW OFFICE OF CLAUDINE U. GASANA 2425 WEST LOOP S., SUITE 200 HOUSTON, TEXAS /

3 H-1B Professional Occupation Visa What is a Professional Occupation? Position that requires at least a Bachelor s Degree in the field of the occupation to perform the duties Examples: Attorney, Engineer, Physician, Accountant, Teacher, Financial Analyst, Dentist, etc. Bachelor's Degree or foreign equivalent or combination of degree/experience

4 Employee specific Part-time or fulltime Concurrent H-1B for multiple employers 6 years maximum; granted in 3 year increment Exceptions to 6 year limit: LC or I-140 pending for 365 days or approved but not immigrant visa available At-will employment Premium Processing available re-opened for all petitions

5 H-1B CAP per Fiscal Year-October 1 to September 30 H-1B CAP applies to first time applications 65,000 per fiscal year 20,000 for U.S. graduates with MS/MA or higher degree 5,400 Singapore 1,400 Chile

6 Employer not subject to the H-1B CAP - Institutions of higher educations : Universities and colleges - Non-profit organizations affiliated with institutions of higher education - Non-profit research organization - Government research organization

7 No employment authorization Can go to school If H-4 spouse wants to work, must apply for own visa Eligible for Employment authorization if spouse holds H-1B beyond 6 years per AC21

8 Premium Processing for H-1B Extensions or Transfers resumed on 10/03/2017 RFE Requests: Wage Level and Specialty Occupation What s happening in DC

9 Applies to all F-1 OPT students who file H-1B petition during acceptance period (on or after April 1) If H-1B Petition is filed on or after April 1: - F-1 status automatically extended - OPT (employment authorization) automatically extended - If selected for H-1B-cap-gap relief until September 30 (H-1B starts on October 1)-no gap - If not selected, cap-gap relief ends upon rejection, denial or revocation (60 day grace period from notification)

10 H-1B1 s for Chile and Singapore - 1,400 (Chile); 5,400 (Singapore) - Can apply directly at embassy or by mail with USCIS Position that requires at least a Bachelor s Degree 18 month visa No portability No immigrant intent Can change to regular H-1B, but subject to cap

11 Position must be on list of occupations Canadians-apply at border - 3 year visa; renewable Mexicans-apply at U.S. embassy in Mexico - 1 year visa; 3 year admission (I-94 card) No immigrant intent Spouses and children receive TD visa

12 10,500 per year 2 year visa, renewable indefinitely Apply at U.S. embassy in Australia Spouses and children receive E-3 derivative visa Spouses can apply for work permit

One year of employment abroad at parent, affiliate, or subsidiary in an executive, manager, or specialized knowledge capacity Must be coming to U.S.

13 One year of employment abroad at parent, affiliate, or subsidiary in an executive, manager, or specialized knowledge capacity Must be coming to U.S. to fill executive, managerial, or specialized knowledge position. May come to open a new office: - Must secure office premises - New office will support the Executive/Manager/Specialized Knowledge position within one year of L approval - L-1 Individual vs. L-1 Blanket

14 L-1A-total of 7 years L-1B-total of 5 years L-1B change to L-1A move to a managerial position for at least 6 months; additional 2 years to 5 years. Spouses and children receive L-2 visa Spouses may apply for work permit Fast-track green card (EB-1)

15 Known as the Artist Visa or the Entertainment Visa Extraordinary means skill and recognition significantly above that ordinarily encountered Must meet 3 out of the following criteria: - Major award or lesser national or international prizes of awards - Press/Media Coverage - Significant recognition for achievements from organizations, experts, etc. (testimonial/recommendation letters) - Lead, starring, or critical role for distinguished productions/events

16 - Lead, starring, or critical role for distinguished organizations - High compensation/salary - Critical or commercial success (box office/film festivals) - Acting as a judge (for awards, etc.)

17 Extraordinary means one of that small percentage who has risen to the very top of the field of endeavor Must meet 3 out of the following criteria: - Lesser national or international prizes of awards - Membership in associations requiring outstanding achievements - Published materials written by others about the alien - Participation, individually, or on a panel, as the judge of the work of others - Original contributions of major significance

18 - Authorship of books or articles - Conference presentations - Critical role for distinguished organizations - High compensation/salary - Commercial success

19 Reaching 6 year H-1B max H-1B Quota reached Arts/Entertainment has lower standard - More flexibility with production schedules - No prevailing wage issues J-1 subject to two year home residency requirement

20 Spouses/children-O-3 - Can attend school - If spouse wants to work-must apply for own visa

Tied to O-1 visa holder Assists in the performance of the O-1 Must show preexisting, longstanding relationship with O-1 Must be integral part of the actual performance and have critical skills and

21 Tied to O-1 visa holder Assists in the performance of the O-1 Must show preexisting, longstanding relationship with O-1 Must be integral part of the actual performance and have critical skills and experience with O-1 alien which are not of general nature and not possessed by a U.S. worker Continuity of production (e.g.: movie shoot in two countries Who could qualify? - F-1/OPT - J-1 subject to two year home residency requirement

22 Must have treaty with U.S Company must be at least 50% owned by nationals of Treaty Country Foreign national must have nationality of Treaty Country Trade: Carry on substantial trade in goods, services and technology, principally between the United States and the foreign country of which s/he is a citizen or national

23 Investor: Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States The investment enterprise may not be marginal and the funds must be at risk Can hire employee who has nationality of Treaty Country and who is coming to engage in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications. E.g.: Company in U.S. is 50% French owned; can hire French under E visa Advantage: no experience with company abroad required

24 Pilot programs-work /Travel J-1 - Australia - New Zealand - South Korea - Ireland H-3 trainees

25 R-1 Religious Workers - Religious Vocation Priest, nuns, monks, rabbi - Professionals E.g.: teachers, instructors, music director

26 EB-1 (First Preference) - Aliens of Extraordinary Ability in sciences, arts, education, business, or athletics through sustained national or international acclaim one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal), OR Meet three criteria to demonstrate extraordinary ability Self-petition available - Outstanding Researcher/Professors: international recognition for outstanding achievements in a particular academic field

27 must have at least 3 years experience in teaching or research in that academic area. pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. Requires employer sponsorship - Multinational Executives and Managers (green card version of L-1A) One year of employment abroad at parent, affiliate, or subsidiary in an executive or manager capacity Must be coming to U.S. to fill executive, or managerial position

28 Schedule A, Group I-Physical Therapists, Professional Nurses such as Nurse Practitioners Schedule A, Group II Alien of Exceptional Ability in Arts, Sciences, or Performing Arts Advanced Degree Holders - Masters or higher or foreign equivalent - BA plus five years progressive experience

29 Professionals with BA degree or foreign equivalent Skilled workers with 2 years of experience Other workers

30 Professionals EB-2 Advanced Degrees Holders BA plus 5 years Experience BA with or without experience Employer must conduct good faith recruitment efforts and show that there are no qualified U.S. worker to perform the duties of the position Mandatory advertisement: Sunday Newspaper and State workforce agency-job order Prevailing wage

31 Job notice 3 additional forms of advertisement: employer website, job search website, on campus recruitment, Non-Professionals EB-3 skilled workers with 2 years of experience EB-3 non-skilled workers Sunday Newspaper State workforce Agency-job order Job notice Prevailing wage Special handling PERM for University Lesser restrictive criteria- More qualified Notice of Filing Advertisement in National Professional Journal

32 Retrogression EB-2 vs. Eb-3 processing times Backlogged countries: China and India

33 EB-4 Religious Worker EB-5 - $1 million investment/ 10 direct jobs/new commercial enterprise - Regional center programs-$500,000/ direct or indirect jobs

34 Step 1: Choose qualifying preference: e.g. EB- 1, EB-2, PERM Step 2: File I-140 Immigrant Worker Petition - Priority Date-Visa bulletin Step 3: File I-485 Adjustment of Status

35 Extended absences not advised File for re-entry permit Maintain ties to U.S.

36 File for Naturalization 4 years and 9 months Spouses of U.S. citizens : 2 and 9 months Must be physically present for at least half the time

37 Questions?

38 Claudine Umuhire Gasana, Immigration Attorney LAW OFFICE OF CLAUDINE U. GASANA 2425 WEST LOOP S., SUITE 200 HOUSTON, TEXAS /

Immigration Options for Foreign Students

TERMINOLOGY Immigration Options for Foreign Students Myers Thompson PA 400 1 st Avenue North, Suite 520 Minneapolis, MN 55401 (612) 349-3062 jmedeiros@myersthompson.com John Medeiros Attorney Nonimmigrant