Immigration Trends & Prospects in Impacting U.S.-India Business Gardere Wynne Sewell LLP 1601 Elm St Ste 3000 Dallas, Texas 75201 http://www.gardere.com By Vishal Chander (214) 677-4990

Outline U.S. India Trends H-1B Aftermath 2014 Immigration Directives 24 Month OPT STEM Extension Same or Similar Job L-1B Adjudications Policy Future Programs

U.S. India Trends India has some of the highest migration rates to the United States 2014 Naturalization 2014 Approved Permanent Residents

H-1B FY 2017 Received 236,000 H-1B petitions April 12 USCIS announced it had completed the random selection process Will begin premium processing for H-1B cases no later than May 16, 2016 Premium processing cases are already receiving electronic receipts and being processed

H-1B Trends Fiscal Year Cap Reached Number 2017 April 7, 2016 236,000 233,000 2015 April 7, 2014 172,500 2014 April 7, 2013 124,000 2013 June 11, 2012   2012 November 29, 2011

Current Trends November 20, 2014 Directives issued by President Obama Reform of OPT Program Policy Memorandum on Portability During Green Card Processing Policy Memorandum on L-1B Specialized Knowledge Standards Others – Investors, NIW, Streamline

New STEM OPT Rule New Rule Published March 11,2016 New Rule Effective May 10, 2016 Deadline for existing 17 month STEM OPT holders is August 8, 2016

What is the Same Employer must be enrolled in E-Verify 20 hours per week of practical training Gap Cap Relief May not apply for extension during 60 day grace period Student must check in with DSO every six months to validate SEVIS data

What is New Increases STEM Extension to 24 months Must apply for additional extension Training Plan Employer Certifications – Wages Displacement Site visits

I-983 Training Plan Must be completed by student with employer and returned to DSO Employer certifications – similar to H-1B will not replace a full-time or part-time temporary or permanent U.S. worker terms and conditions of the STEM OPT opportunity are commensurate with similarly situated

Training Plan State STEM field of training opportunity https://www.ice.gov/sites/default/files/documents/Document/2016/stem-list.pdf Detail the tasks and assignments Detail oversight and supervision Detail measures and assessments Student Self Evaluation – must be signed by the employer

DHS Site Visits 48 hour notice May request compliance information in lieu of site visit Ensure student engaged in work based learning consistent with I-983

Only one extension per degree level, even if multiple degrees Prior STEM degree can be used for current students Received a degree from accredited school and holds STEM degree within 10 years of STEM extension application date MBA candidates with engineering degrees

No Automatic Conversion Students on 17 month extension must apply for 7 month extension Must have 150 days on EAD Must apply before August 8, 2016

Improvements for High Skilled Workers Proposed rule December 31, 2015 Clarifications on 7th year extension I-140 Revocation AC21 Job Portability Compelling Circumstances EAD Parole of EB-5 Investors

Same or Similar Job Portability March 18,2016 clarification on AC21 portability Totality of Circumstances SOC occupational code Broad code Career Progression – managing functions of prior occupational classification Wages are not conclusive

H-1B Status: Generally H-1B – Allows person in specialty occupation to temporarily work in the U.S. Annual cap 65,000 Admission for 3 year period Extended for maximum of 6 years Extension beyond 6 available while green card application pending Labor Condition Application - Prevailing Wage Requirement

L-1B Guidance Effective August 31, 2015 Clarifies standards for specialized knowledge workers Really doesn’t change standards, merely provides clarification

Compelling Circumstances EAD Provision of proposed regulation Nonimmigrant holder with long pending EB application Compelling circumstances: (1) serious illness or disability (2) employer retaliation (3) other substantial harm to the applicant (4) significant disruption to the employer

Known Employer Pilot Streamline hiring of foreign workers Employers create profile and upload supporting documents Goal is to eliminate employer eligibility March 3, 2016 – Five Employers Citigroup, Inc., Ernst & Young LLP, Kiewit Corporation, Schaeffler Group USA, Inc., Siemens Corporation