Immigration Presentation Fall 2010 Planning Several Steps Ahead!(Immigration Status After OPT) Arthur Serratelli, Esq. Vandeventer Black LLP 500 World Trade Center Norfolk, VA

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What are the immigration rules? What should you say in a job interview about the rules? “We don't 'sponsor;' We only hire Americans and Green Card Holders.” REPLY? What about a lawyer? Overview

1.Employment-based 2.Marriage to U.S. Citizen (Immediate) 3.Diversity Lottery 4.Family-based (Preference) * ALSO: Asylum/Refugee 4 basic ways to obtain a green card What are the rules?

1. Employment Step 1  F-1 or J-1 Step 2  OPT or AT Step 3  H-1B or other work visa Step 4  Green card based on job 4 basic ways to obtain a green card What are the rules?

Step 2  A word about OPT Good news! Unpaid work is OK Self-employment is OK –1099 contractor, business license 1. Employment

Another word about OPT 12-month OPT can be extended 17 extra months for STEM students by an E-Verify employer Small percentage employers enrolled in E-Verify, but growing –Federal contractors 9/8/09 E-Verify: “voluntary” for employers –Online way to check work authorization 1. Employment

E-Verify database of companies Can’t confirm the accuracy, but at least a place to start Most recent list of E-Verify participating companies as self- reported

Step 3  Post-OPT job search options a. H-1B [6 yrs] Requirements A job offer w/ a company with a “proven track record,” For a position that requires at least a 4 yr college degree, and You have the required degree 1. Employment

Step 3  Post-OPT job search options a. H-1B Features Subject to the 85,000 quota--lottery H-1B quota exempt jobs –Employed at U.S. institution of higher education, or related non-profit entity –Employed at non-profit research organization or (federal) government research organization

1. Employment Step 3  Post-OPT job search options b. E-1/E-2 [2yrs or 4 yrs or 5 yrs+] Requirements Treaty between your country and U.S. U.S. company that hires you owned by people or a company of your nationality White collar, skilled job c. E-3 – “H-1B for Australians” [2 yrs+]

1. Employment Step 3  Post-OPT job search options d. TN [3 yrs+] Requirements From Canada or Mexico Job-title specific – see list

1. Employment Step 3  Post-OPT job search options e. L-1A/L-1B [7 yrs / 5 yrs] Requirements Work overseas 1 full year, Transfer to affiliated U.S. company or branch office L-1A: manager or executive L-1B: specialized knowledge –Inside info * Leads to green card shortcut – EB1 jackpot!

1. Employment Step 3  Post-OPT job search options Even more options R-1 — religious worker [5 yrs] G — international organizations [vary] O-1 — Extraordinary Ability [vary] P-1— Athlete/Entertainer [vary] A — ambassador / embassy [vary] I — journalist visa [vary]

1. Employment Step 4  Employment-based green cards No labor certification required [no advertising] EB-1—intra-company transferee Job offer required (L-1A; perhaps E-1 / E-2) EB-1—extraordinary ability No job offer required EB-1—outstanding professor/researcher Job offer required—permanent position 3 yrs experience Evidence (see glossy booklet)

1. Employment Step 4  Employment-based green cards No labor certification required [no advertising] EB-2—National Interest Waiver Job offer and labor certification required, unless in the national interest Expertise significantly above ordinary EB-4—religious worker and “other”

1. Employment Step 4  Employment-based green cards Labor certification required [advertising] EB-2—Professors “Special Handling” EB-2—Masters / “Exceptional Ability” – Job offer and labor certification required (When national interest waiver unavailable) Either Masters OR expertise above ordinary EB-3—professionals (Bachelors), skilled workers, and other workers –Job offer and labor certification required

1. Employment Want more information? Key internet resource— “glossy booklet” (Post-OPT Job Search Summary Booklet) ImmigrationLawsforBusinessBooklet05.pdf

2. Marriage (immediate) Step 1  F-1 or J-1 Step 2  Green card based on marriage to U.S. citizen 3. Diversity lottery Step 1  F-1 or J-1 Step 2  Green card based on diversity lottery Features 50,000 places each year for citizens of countries with few immigrants to the U.S If you are legal, apply through during eligibility period Winners should act very carefully within one-year window of eligibility 2nd & 3rd of 4 ways to get a green card 2. Marriage 3. DV Lottery

4th of 4 ways to obtain a green card 4. Family (Preference) 4. Family-based (preference) Step 1  F-1 or J-1 Step 2  Green card based on family member in U.S. Categories Unmarried sons and daughters (21+) of U.S. citizens Spouses, children, and unmarried sons and daughters (21+) of LPRs Married sons and daughters (21+) of U.S. citizens Siblings of adult U.S. citizens * NO GOOD—takes too long!

What should you say in an interview? Any mention of H-1B & Quotas? Any mention of E-Verify? Any mention of OPT? Any mention of the green card? *HINT—On a first date, don’t ask for marriage before the soup arrives You must balance— The need to mention immigration with The need to focus on your resume and unique job qualifications to get hired

What should you say in an interview? Slide of Shame It is a shame when U.S. employers ask an international student to explain U.S. immigration law! SHAME! Don’t waste time— you focus on getting hired; let your school or an immigration lawyer explain the law!

What should you say? Key internet resource— The Art Serratelli version of the “Janene Oettel Pamphlet” ImmigrationGuideToHiringStudents pdf Want more information?

“We Don't Sponsor” REPLY? “We don't sponsor H-1Bs or other work visas” “We Only Hire Americans or Green Card Holders ” Reply “Any flexibility? 'Sponsoring' basically means getting permission from immigration to put a foreign-born person on a USA payroll.” “Once you get permission, you can treat me just like an American or a Green Card worker!”

“We Don't Sponsor” REPLY? “ We don't sponsor H-1Bs or other work visas” “We Only Hire Americans or Green Card Holders” Other Employer Concerns Paperwork to “sponsor” is complicated. – NO: Just 8 pieces of employer info Fees for USCIS and a lawyer are too expensive. – NO: Except for 1 fee that the employer must pay, everything is negotiable

What about a lawyer? 4 tips to choosing an immigration lawyer (if you have to...) — 1. Lawyer must be a member of AILA 2. Lawyer should only do immigration law 3. Only pay a fixed legal fee 4. Pick a lawyer via references

Actions Status Obtaining a green card via employment Maintain F-1 status EnrollGraduateApply for H-1B Maintain H-1B status Start EB green card EB-2 EB-3 State DOL Fed DOL USCIS visa backlog (0-7 yrs) USCIS (6 mos to 2 yrs) USCIS (5 yrs) File I-140 File I-485 Green card U.S. Citizenship Enrolled in school F-1 status Temporary work status LPR status LPR pending LPR U.S. Citizenship OPT WorkH-1B or other lawful work status

Questions?

Contact information Arthur Serratelli, Esquire Partner & Chair, Immigration Law Group Vandeventer Black LLP (direct dial) (fax)