Sharryn E. Ross, Partner

MYTH AND REALITY MYTH: If an attorney posts information on an internet site, I can trust that the information is correct. REALITY: The only site you can trust 100% on the internet is one that ends in.gov. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

MYTH AND REALITY MYTH: If my friend works in a very similar job to mine, and he has filed an application and been successful, I can do the same thing. REALITY: Every case is different. Even though a case appears similar, even small things might affect a case. Moreover, the immigration laws are constantly changing. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

MYTH AND REALITY MYTH: A foreign national cannot begin working until s/he has a Social Security Number (SSN). REALITY:  A foreign national may begin working without an SSN provided that USCIS has authorized Employment.  The employer may set aside tax withholdings until the employee has obtained an SSN. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

MYTH AND REALITY MYTH: When the visa in a foreign employee’s passport expires, the person’s authorized period of stay in the US expires. REALITY:  A visa stamp controls the dates when a foreign national may enter the US.  The white I-94 card controls the individual’s authorized period of stay in the US. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

Types of Employment Visas H-1B H-1B1 L-1 TN E-3 J-1 O-1 J-1 Trainee _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

H-1B VISAS Temporary Workers in Specialty Occupations Available for individuals who work in “specialty occupations” Must have at least a Bachelor’s degree in a specific field related to the job Valid for 6 years, granted 3 years at a time (can be extended in certain circumstances) Spouses and children can obtain H-4 visas. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

MYTH AND REALITY MYTH: An employer may hire an H-1B employee only for full-time work. REALITY: An employer can hire an H-1B employee for part-time work also. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

H-1B “Cap-Gap” Since many students graduate in May, most OPT grants expire over the summer. Therefore, since new H-1B visas have a start date of October 1, there is a status gap between the expiration of the F-1 and the start of the H-1B in which the individual must leave the United States. OPT Expires June 1, 2007 F-1 Grace Period ends July 31, Individual must depart the U.S. H-1B visa begins October 1, Ross, Silverman & Levy LLP

H-1B Visa (Temporary Workers in Specialty Occupations) Advantages Allows for Dual Intent Portability – once you have a number under the cap, it sticks with you Up to three years at a time Disadvantages Cap of 58,700 per Fiscal Year (plus 20,000 for beneficiaries with a U.S. Master’s degree or higher) Employer- and Job- specific Must meet prevailing wage _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

H-1B1 Visas (Singapore & Chile) Advantages No I-129 required for initial petition 6,300 available each Fiscal Year and cap has never been reached Disadvantages No dual intent Cannot premium process Only valid for 18 months upon initial entry _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

MYTH AND REALITY MYTH: Canadians have unrestricted authorization to work in the United States. REALITY: Although Canadians are visa exempt, they must first obtain permission from the USCIS to work in the United States. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

TN VISAS For Canadians and Mexicans in Certain Professions ONLY AVAILABLE FOR CITIZENS OF CANADA OR MEXICO AVAILABLE FOR LIST OF PROFESSIONS UNDER NAFTA GRANTED FOR ONE YEAR AT A TIME WITH INDEFINITE EXTENSIONS. SPOUSES AND CHILDREN CAN OBTAIN TD VISAS _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

Sampling of TN Professionals Engineers Systems Analysts University professors Accountants Economists Graphic designers Management Consultants Mathematicians/ Statisticians University research assistants Dentists Medical & Allied professionals (teaching or research) _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

Advantages No annual cap. Can be extended indefinitely. Can be obtained at the border (no prior petition with USCIS required). Disadvantages No dual intent. Issued for one-year periods Limited number of professions which are eligible. LCA required for Mexican TNs. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617) TN VISAS For Canadians and Mexicans in Certain Professions

E-3 Visas For Australians in Specialty Occupations Advantages Renewable indefinitely. Two-year periods No visa petition to USCIS. Spouses of E-3 visa holders are eligible to work. Disadvantages Annual cap. Limited to Australian nationals. No dual intent. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

J-1 Exchange Visitor Visa: “Trainee” Category Advantages No prevailing wage issue If program exists, fast processing No cap/Unlimited numbers Spouses of J-1 visa holders are eligible to work Disadvantages No dual intent Two-Year Foreign Residency Requirement 18-month period, non- renewable _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

O-1 Visa (Extraordinary Ability) Advantages No cap on O-1 visas No definitive time limitation Foreign nationals who are subject to the J-1 2-year foreign residency requirement can obtain an O-1 visa. No prevailing wage requirement No Fraud or Employer Training Fees Disadvantages The preparation for an O-1 visa requires a substantial amount of work and time Standards that must be met to qualify for an O-1 visa are high _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

MYTH AND REALITY MYTH: A foreign national may transfer his or her employment-based visa with another company to a new employer. REALITY: The visa does not automatically transfer from one company to another company; the new employer must file a new visa petition, with supporting documentation and requisite fees. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

MYTH AND REALITY MYTH: Only men from predominantly Muslim countries are subject to enhanced security checks. REALITY: Anyone applying for a visa to enter the U.S. who is engaged in activity that potentially threatens U.S. security or involves “dual use” or “sensitive technology” may be subject to enhanced security checks and an extended wait for visa processing. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

Employment-based immigrants total approximately 140,000 each year. These are primarily skilled professionals with exceptional ability and other priority workers, immigrating to jobs for which the U.S. Department of Labor has certified that no qualified U.S. worker is available. Source: American Immigration Lawyers Association InfoNet Ross, Silverman & Levy LLP

Options for Permanent Residence PERM labor certification Extraordinary Ability Outstanding Researcher or Professor National Interest Waiver _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

PERM Labor Certifications Steps in the PERM-based permanent residence process: Advertise the position in two Sunday newspapers and several other locations File PERM application online if no qualified applicants; date of filing becomes priority date for permanent residence application Prepare & file I-140 immigrant visa petition and, if priority date (visa number) is current, I-485 application for permanent residence _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

MYTH AND REALITY MYTH: Anybody with a doctorate degree is eligible for a “fast- track” route to permanent residence. REALITY: A doctorate degree alone is not sufficient to qualify for a “fast- track” route to permanent residence without other critical qualifying evidence for the various “fast track” options. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

Permanent Residence based on: Extraordinary Ability Must show that you have extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and your achievements must have been recognized in the field through extensive documentation. Available only for those who have risen to the top of their field. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

Permanent Residence based on: Outstanding Researcher or Professor Petition filed by employer. Must show that you are internationally recognized as outstanding in a specific academic field. Must have a minimum of three years of experience in teaching and/or research (usually post degree). Can only be used for tenure or tenure-track teaching or comparable research position. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

Permanent Residence based on: National Interest Waiver Can self-petition by proving that your admission into the United States without a job offer is in the national interest; Must show that: 1)You will seek employment in an area of substantial intrinsic merit; 2)The benefit of your work will be national in scope; and 3)The national interest would be adversely affected if a labor certification is required. You must show that your individual work (not only your work as part of a team) is in the national interest. _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)

Helpful Web Links U.S. Dept. of State, Bureau of Consular Affairs: U.S. Consulate Visa Wait Times: USCIS: U.S. State Department Visa bulletin: Reporting a Change of Address (AR-11) Online: _________________________________________ Ross, Silverman & Levy LLP 59 Temple Place, Suite 605, Boston, MA Phone: (617) Fax: (617)