Skilled Worker Hiring Options Through Immigration Impact Presidential Action May Have On Skilled Workers Presented by: Roy J. Watson, Jr. Attorney Tel

Conclusion / Summary ●Business Immigration Can Provide a Valuable Pool of Highly Skilled Workers ●Visa Options for Short Term and Long Term ●President’s Memo Is Not Law, but It Focuses Discussion ●Investing in Immigration Invests in Your Work Force

Key Issues on Immigration Today ● Complex System Covering Many Areas ● Legal vs. Illegal ● Politics ● Benefits to the United States

Skilled Hiring Options ● The Curse of Tantalus! ● Students (F-1 / J-1) ● Temporary Professionals (H-1B) ● Overseas Workers (L-1/2 ) ● Treaty Countries (E-1/2) ● Canada, Mexico, Australia (TN / E-3) ● Benefits to the Employers

Immigration Accountability Executive Action (IAEA) ●Executive Memo (vs. Order) vs. Law / Regulation ●Executive Discretion o Deferred Action for Childhood Arrivals (DACA) / Deferred Action for Parental Accountability (DAPA) o Enforcement Priorities: Secure Communities / Priority Enforcement Program (PEP) o Potential for Nightmare Problems in Form I-9 Compliance! o Employment Based Visas o Provisional Waivers o New Business / Entrepreneurs

Form I-9 Employment Nightmare ●Form I-9 is required for ALL (4+) employers! ●Unlawful to employ anyone who you know or have reason to know is not authorized ●What happens when Sam Spade shows up for work and says his real name is John Jones??? ●Average error rate is > 80%! ●Starting fine is $1,100 per worker

Reforms in Green Card Process ●Adjustment to Status - Approved I-140 ●Confusion as to what is covered: Early filing or simply expanded “same or similar” ●What about children?? ●Visa Modernization: Use all visas! ●Do not count Derivatives PERM / Labor Certification I-130 / I-140 Immigrant Visa I-485 Adjustment to Permanent Resident Status

National Interest Waiver (NIW) ●Advanced Degree / No Employer Required ●New York State Department of Transportation (NYSDOT) ●Ease / Expand who qualifies: Entrepreneurs

L-1 A/B Intra-Company Transfers ●International Company ●Executives / Key-Managers / Specialty Workers ●Special Problems / Issues for Start Ups ●Request for a clarifying Memo ●WH Memo appears to confuse L-1B / L-1A

H-4 (Spouse) Work Authorization ●Approved / But Limited ●Requirements: ●Approved I-140 / AC21

Optional Practical Training (OPT) ●One Year After Degree Completion ●Possible 17 month Extension Requires STEM position and E-Verify ●Expanded definition of Science, Technology, Engineering and Math (STEM) ●Expanded period of authorized stay (currently = 29 months)

Parole / Parole in Place ●Parole is not a “status” / No Benefits ●Parole Option Possible for Entrepreneurs and Job Creating Businesses

Questions and Follow Up ●WLO offers FREE consultations to program attendees! Roy J. Watson, Jr. Attorney Tel Contact Info: Remember to Complete the Speaker Survey: cic15.bfbootcamp.net / ‘click’ on speakers / select your speaker