IMMIGRATION IN 2013 UPDATE FOR EMPLOYERS The Confidence of Trusted Counsel

 Immigration Basics  New Developments  Best Practices  Immigration Legislation Immigration in 2013

 Non-immigrant  Immigrant  Other  Refugees, special programs  “Entry Without Inspection” (EWI) How Do People Come to the United States?

 Required for entry  Except for Visa Waiver Program, Canadians  Typically requires pre-clearance through USCIS for most employment classes  Must visit the consulate abroad to obtain a visa  Valid for certain time and number of entries What is a Non-Immigrant Visa?

 Date controls length of stay  Proof of lawful entry and tells you when you fall out of status  Old I-94: What is an I-94 Card?

 New I-94 accessed online – What is an I-94 Card?

 H-1B: Professionals  L-1: Intra-company transfers  TN: Canadian and Mexican professionals  O-1: Individuals of extraordinary ability  E: Treaty traders, investors, Australians  F-1: Students (with OPT, CPT)  J-1: Training and exchange visitors Non-Immigrant Status

Non-immigrant Visa Holders: Spouses and Children Under 21  Spouses and children get visas  Spouses that can work  E-2, E-3, L-1 (L-2)  Spouses that cannot work  H-1B (H-4), TN (TD), O-1 (O-3)

 Change from one non-immigrant status to another  Must be in status to change status  CIS issues approval and a new I-94  No need for visa until foreign travel Change of Status

 Green card, permanent resident  Right to work  Travel without a visa  Limited options for eligibility  Can be lost/abandoned  Crime  Absence Immigrant

Employment-Based Permanent Residence  Five employment categories  EB-1 through EB-5 and visa allocations  Most employees use EB-2 or EB-3  Two-step or three-step process  Timing

 Naturalization  Read, write and speak English  Five years of lawful permanent residence  Physical presence  Good moral character U.S. Citizenship

Trends – Current Laws Non-immigrant and temporary visa trends  Employment-based visas  H-1B cap & adjudications  L-1 issues  O-1 visas  DACA (“DREAM Act”)

Trends – Current Laws  Immigrant visa trends and issues  Preference petitions  Labor certifications  Backlogs  I-9 and Enforcement  Completing the new I-9  I-94s online  Enforcement trends & E-Verify

 Comprehensive Immigration Reform (CIR)  Passes in Senate (bipartisan support)  Enforcement deal  House of Representatives  Signals of a piecemeal approach  Schism in the Republican party Immigration Reform on the Horizon?

 What we know  More visas for STEM employees, entrepreneurs, and the well-educated  Mandatory E-Verify  Border Security  What we suspect  More visas, but more compliance  What we don’t know  Path to citizenship? Immigration Reform on the Horizon?

 Money  Time  Risk Common Questions from Employers

 Service  Technology  Letting the employee choose counsel  Who is the client? Considerations for Employers

 Value-added services  Do you have an immigration policy? Family members Financial commitment and payback agreements? Waiting periods  Pre-screening  Day-to-day counseling  Global assistance Considerations for Employers

FEEL FREE TO CONTACT ME WITH ANY QUESTIONS! Brad Hendrick Phone: The Confidence of Trusted Counsel