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

Similar documents
Immigration Options for Foreign Students

THE ABCs OF IMMIGRATION The HR Guide to U.S. Immigration Visas and Green Cards

Aaron M. Blumberg Associate

Visas after Graduation

FRAGOMEN, DEL REY, BERNSEN & LOEWY, LLP ELLEN G. YOST, PARTNER

Immigration Law Basics

Immigration Law and Employment Issues: The Basics and More

Wayne State University. Permanent Residency Workshop. February 23, 2018

Stephen Yale-Loehr & David Wilks Miller Mayer LLP Rochester Institute of Technology February 17, Visas after Graduation

Visa Holder Duration Work Restrictions. For as long as the person is recognized by the Secretary of State as being entitled to the status.

Immigration 101. Tuesday, March 17, 2015

BASICS OF FAMILY AND EMPLOYMENT BASED IMMIGRATION LAW

E-1 Visa E-2 Visa L-1A Visa EB-5 Visa

7710 Carondelet Ave., Suite 405, St. Louis, MO 63105, ,

HR & Recruiter Immigration Training

The Law Office of Linda M. Hoffman, P.C. Visa and Immigration Options

TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER EL PASO

IMMIGRATION UPDATE Fall 2005

TOPICSFOR EMERGINGCOMPANIES

Visa Bulletin VISA BULLETIN FOR OCTOBER Visa uiletin for October 2007 Page 1 of 5. Number 111. Volume VIII. Washington, D.C.

S t o n y B r o o k U n i v e r s i t y. Leonard J. D Arrigo, Esq. Brendan J. Venter, Esq. Immigration Practice Group November 7, 2018

2018 MN Rural Health Conference Session # 1F: Making Immigration Work for Labor Shortages in Rural Communities

S t o n y B r o o k U n i v e r s i t y. Leonard J. D Arrigo, Esq. Brendan J. Venter, Esq. Immigration Practice Group November 8, 2017

Guide to Hiring Foreign Employees

After Graduation: Visas for Professionals and Entrepreneurs

EMPLOYMENT BASED IMMIGRATION. Presented By: JUDY JADE LEE, Houston Quan Burdette & Perez. Written By:

Instructions for I-140, Immigrant Petition for Alien Worker

EXPATRIATE SERVICES IMMIGRATION TEAM

VISA OPTIONS FOR INTERNATIONAL STUDENTS AND GRADUATES: HOW COLLEGES CAN HELP

SEATTLE UNIVERSITY IMMIGRATION HANDBOOK FOR DEPARTMENTS SPONSORING AND EMPLOYING FACULTY AND STAFF

ALTERNATIVES TO H 1B. A few types of visas for H 1B contingency planning:

IMMIGRATION LAW OVERVIEW DETAILED OUTLINE

Sponsorship approval is based on an offer of permanent and full time employment.

HOT TOPICS IN IMMIGRATION

RUTGERS POLICY. 3. Who Should Read This Policy All deans, directors, and hiring managers and employees who are foreign nationals

Business Immigration

New Mexico Health Resources 20 th Annual Health Provider Retreat Taos, NM June 9, 2012 Robert Aronson Aronson & Associates

IMMIGRATION GLOSSARY

HIRING and PAYING FOREIGN NATIONALS

Employment-based Immigration 10/25/2018. The Basics of U.S. Immigration through Employment

Ensuring Compliance When Hiring Foreign Nationals

Fundamentals of Immigration Law. Klasko Immigration Law Partners, LLP 2017 Annual Spring Seminar

Introduction... xxxiii Chapter 1: Qualifying for Graduate Medical Training in the United States... 1

U.S. Business Immigration Current Issues and Trends U.S.-Mexico Bar Conference September 27-29, 2017

Desk Reference to Commercial Immigration

Camera di Commercio Industria Artigianto e Agricoltura di Torino. U.S. Business Forum. Business Immigration Overview.

Key Concepts for International Relocation and Immigration. Matthew T. Phillips, Esq. Cohen & Grigsby, PC

ELIGIBLE VISA CLASSIFICATION

BUSINESS IMMIGRATION LAW A PRIMER FOR THOSE WHO HIRE, MANAGE

Bringing the World to Catholic

United States Immigration Laws: An Overview

Exchange Visitor Services

U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY. WEEK 2 How Immigration Works Today. Nogales Border Fence At Night Hugh Cabot

Immigration status options

Innovative Visa Options for International Entrepreneurs and Investors

International Student Entrepreneurship: Immigration Options

TRENDS IN IMMIGRATION LAW IN HIGHER EDUCATION

TABLE OF CONTENTS BUSINESS IMMIGRATION: LAW & PRACTICE VOLUME 2

International Faculty Orientation. August 23 rd, 2013

WELCOME. Hosting and Hiring International Scholars December 19, 2013

Working in the United States & Pathways to Become a Legal Permanent Resident


Demystifying the U.S. Visa Process. U.S. Department of State U.S. Consulate General Toronto

IMMIGRATION CONNECTION

Immigration Options. H. Ronald Klasko, Esq. Klasko, Rulon, Stock and Seltzer, LLP

Policies for High-skilled Immigrants

Committee Newsletter Spring 2017, Vol. 1, Issue 1

Business Immigration Weekly

Understanding the Visa Process

California Service Center Processing Times

Michael J. Goldstein Lucy G. Cheung

THE PERM BOOK Edition PERM AND THE HOUSEHOLD DOMESTIC SERVICE WORKER

AICUM Spring Symposium at The College Of The Holy Cross March 23, 2017 Iandoli Desai & Cronin, PC 38 Third Avenue, Suite 100 Boston, Massachusetts

IMMIGRATION 101 BASIC OVERVIEW

General Information of L-A Visa

AHLA. VV. Managing Risk in Employing Foreign Nationals during the Trump Years. Isabelle Bibet-Kalinyak McDonald Hopkins LLC Cleveland, OH

Latest Grim Visa Bulletin Projections for Employment Based Green Cards Illustrate Need for Comprehensive Immigration Reform

Relentless Pursuit of Great Service, Innovation and Contribution to the Community

Path to permanent residence: There are many foreign national physicians working in the United States on H-1B non-immigrant visas.

Immigration Tsunami: Understanding the Tidal Wave of Compliance When Hiring Foreign Nationals

Immigration for Professors and Researchers

Venture-Ready Entrepreneur Workshop: Keeping Foreign Entrepreneurs (and Their Startups) in the United States. Overview

An Immigration Reform Bill? What s in it? What s Not?

IMMIGRATION INSIDE THE U.S. EMPLOYMENT-BASED IMMIGRATION SYSTEM

Employment of Foreign Nationals

Policy 1326 Immigration Reform and Control Act

ACADEMIC AFFAIRS COUNCIL ******************************************************************************

Megan A. Lantz, J.D. Barten Law P.C.

Eric Beaty U.S. Consulate for Western France World Trade Center, Rennes December 2018

Gregory P. Adams Partner

Annual Flow Report. Temporary Admissions of Nonimmigrants to the United States: Office of Immigration Statistics POLICY DIRECTORATE

Healthcare Employer s. Guide to J-1 Visa Waivers

HARRY GEE & ASSOCIATES, PLLC

Non-Immigrant / Immigrant Clarification (This handout goes along with the power point slide supplement A)

IMMIGRATION SPOTLIGHT February 27, 2013 ISSUE 130

Eb1c processing time 2018 texas

E-1 Treaty Trader And E-2 Treaty Investor Visas by Bryan Y. Funai, Teri Simmons, Bernard P. Wolfsdorf, and L. Edward Rios

The 2011 Hospitality Law Conference. Hospitality Immigration Compliance: Making Sure You Aren't Stuck Between a Rock and a Hard Place

International Scholar, Employee, Dependent, and OPT Alumni Statistics Fall people

JEGLAW, LTD NON-IMMIGRANT INVESTOR OPTIONS LAW OFFICE OF JON ERIC GARDE ESQ. E-2 Treaty Trader or E-1 Treaty Investor Visa Application

Transcription:

LAW OFFICE OF CLAUDINE U. GASANA 2425 WEST LOOP S., SUITE 200 HOUSTON, TEXAS WWW.CUGASANALAW.COM 281-809-5599/678-2964796

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

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

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

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

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

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

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)

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

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

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. 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

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)

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

- 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.)

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

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

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

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 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Questions?

Claudine Umuhire Gasana, Immigration Attorney LAW OFFICE OF CLAUDINE U. GASANA 2425 WEST LOOP S., SUITE 200 HOUSTON, TEXAS WWW.CUGASANALAW.COM claudine@cugasanalaw.com 281-809-5599/678-296-4796