Immigration for Entrepreneurs March 29, 2012

1 Challenges for Small Companies Immigration system for large established employers Presumption of fraud for small employers Suspicion on Capitol Hill But … Immigration = Jobs White House initiative Entrepreneurs in Residence Program

2 Specific issues No paper trail to show legitimacy Too small to support professional workers Employer-employee relationship “Ability to Pay” for green cards

3 H-1B “specialty occupation” Professional job Foreign national is qualified - Related bachelor’s degree or work experience Receiving same wages / working conditions Six-year limit (with exceptions) >>> No test of the labor market <<< Annual limit of 85,000 - Does not apply if previously held H-1B status for a private company - Starts on April 1

4 Requirements Legal existence - Articles of incorporation - Business license - FEIN Employer – employee relationship “Doing business” - Business plan - Evidence of funding Physical address - Office lease

5 O-1 “extraordinary ability” No restrictions on the type of position Nationally or internationally renown Critical or essential role Contributions of major significance Track record of professional success - Publications or publicity - Prizes and awards

6 TN “Trade NAFTA” Canadians and Mexicans only Job offer in a designated profession - Many scientific and medical fields - Teachers / professors Border application for Canadians No time limit and infinite two-year renewals

7 Other country-specific categories Australia E-3 Chile and Singapore H-1B1 Similar to H-1B visa - For specialty occupations - Employee must have bachelor’s degree - Employer must secure LCA from DOL Not subject to 65,000 cap E-3 spouse eligible for work authorization Foreign residence requirement

8 F-1 Students Academic studies: elementary through postdoctoral - admitted for “duration of status” (D/S) – no expiration date on I-94 card “Optional Practical Training:” pre- or post-graduation - total = 12 months (29 months for STEM graduates who work with employers that use E-Verify); part-time during school year, full-time during vacations and after graduation - need employment authorization document (EAD); - School endorsed I-20 (issued via SEVIS System) “Curricular” practical training if part of educational program - Need letter from school - School endorsed I-20 (issued via SEVIS System)

9 J-1 Trainees and Interns Exchange visitor program Need a “program sponsor” which can include universities Some J-Visa holders must return to home country for 2 years after completion of program or seek waiver of this requirement - skills list - government funding - graduate medical education

10 Green Cards PERM Labor certification - filed by employer on behalf of foreign national - processed by U.S. Department of Labor I-140 Immigrant preference petition - Outstanding researchers - Aliens of extraordinary ability – NOT employer-specific - National interest waivers

11 Thank you!