1. David J. Wilks March 7, 2016 David J. Wilks March 7, 2016

2. Overview General Overview of U.S. Immigration General Overview of U.S. Immigration Nonimmigrant Categories (Alphabet Soup) Nonimmigrant Categories (Alphabet Soup) Permanent Residence Permanent Residence Your Immigration Plan Your Immigration Plan

3. Overview of U.S. Immigration Generally Four Types of People in the U.S.: “Others” Nonimmigrants Permanent Residents Employment options may be limited. Duration of stay limited. Can live in the U.S. indefinitely. Can work for any employer. Slang: “Green Card.” Can live in the U.S. indefinitely and work for any employer. Can vote in U.S. elections. TPSDACAAsylumUndocumented Most will need to obtain nonimmigrant status after graduation. Citizens

4. Being sponsored under Temporary Visas Specific time limitations Specific time limitations Specific authorized activities Specific authorized activities Options depend upon nationality/activity/availability of visas Options depend upon nationality/activity/availability of visas Normally weeks or months to secure Normally weeks or months to secure PLAN AHEAD PLAN AHEAD

5. Nonimmigrant Menu  AAmbassador, public minister or diplomatic or consular office  B-1Visitor for business  B-2Visitor for pleasure  CAlien in transit  DCrewman  E-1Treaty trader  E-2Treaty investor  E-3Specialty Occupation (Professional) - Australia  F-1Student  F-2Spouse or child of student  GRepresentative to international organization  H-1BSpecialty Occupation (Professional)  H-1B1Specialty Occupation (Professional) – Singapore or Chile  H-2ATemporary/seasonal worker  H-3Trainee  H-4Spouse or child of H  IForeign media  J-1Exchange visitor  J-2Spouse or child of J-1  K-1Fiancé(e) of U.S. Citizen  K-2Derivative unmarried child of K-1  K-3Spouse of U.S. Citizen  K-4Unmarried child of K-3  L-1AIntracompany transferee – manager or executive  L-1BIntracompany transferee – specialized knowledge  L-2Spouse or child of L-1  MVocational or nonacademic students  O-1Aliens of extraordinary ability  O-2Aliens providing essential support to O-1 artist or athlete  O-3Spouse or child of O  P-1Athletes and entertainers  P-2Artist or entertainer, individual or part of group  P-3Performer, teacher or coach of culturally unique program  P-4Spouse or child of P  QInternational Cultural Exchange Program  R Religious Workers  SCritical Witness  TNTreaty NAFTA  UVictim of abuse who will be a witness  V-1Spouse of legal permanent resident  V-2Unmarried child of V-1 (petitioned for)  V-3Derivative unmarried child of V-1 or V-2

6. F-1 Students and OPT  OPT - Optional Practical Training  Generally available to those who have completed a U.S. degree  Available for those in graduate programs who have completed coursework  Generally, only for a one year period  Available at times during the academic program  Curricular Practical Training  Optional Practical Training  Can be extended once for STEM, if employer registered for E-Verify  New STEM Regulations

7. H-1B Visas Specialty Occupations – Professionals Specialty Occupations – Professionals Bachelor’s degree minimum Bachelor’s degree minimum Right type of degree Right type of degree Must pay at least prevailing wage or actual wage – whichever is higher Must pay at least prevailing wage or actual wage – whichever is higher 6 year limit, but possible to extend beyond if permanent residence process pending 6 year limit, but possible to extend beyond if permanent residence process pending Spouse generally cannot work until certain steps taken toward permanent residence Spouse generally cannot work until certain steps taken toward permanent residence

8. H-1B numbers Not a problem for cap-exempt employer Not a problem for cap-exempt employer 65,000 base 65,000 base 6,800 for H-1B1 (Singapore & Chile) 6,800 for H-1B1 (Singapore & Chile) 20,000 for U.S. Masters degree or higher 20,000 for U.S. Masters degree or higher Many employers exempt from the numbers – including post- secondary educational institutions and affiliates Many employers exempt from the numbers – including post- secondary educational institutions and affiliates

9. Lottery years – H-1B  Occurs when more petitions are filed than the available quota in the first 5 days of “open season” beginning April of each year  First step - Random lottery of 20,000 Masters cases  Second step – random lottery of leftovers of above + all others

10. What happened in April 2015  Cases filed between April 1 – April 7, 2015 exceeded 233,000  In 2013 there were 124,000; 2014 there were 172,000  “Cap-gap” - If cases is selected, those with post-completion OPT get an automatic extension of OPT status to bridge them until October 1, 2016

11. What if I’m not Selected in the Lottery?  Review other nonimmigrant visa options  If STEM discipline, F-1 OPT extension  Seek another degree and extend F-1  Review other work-authorized options  Consider change to B-2 visitor to remain in the U.S. for non- work purposes

12. E-3: For Australians Only  H-1B- like option for Australians only  No quota limitation

13. E-1 Treaty Trader/ E-2 Treaty Investor Treaty must exist between U.S. and Country in question (the Treaty Country – as it does with Canada) Treaty must exist between U.S. and Country in question (the Treaty Country – as it does with Canada) Majority of ownership or control of the investing or trading company must be held by nationals of the Treaty Country Majority of ownership or control of the investing or trading company must be held by nationals of the Treaty Country The employee must be a citizen of the Treaty Country The employee must be a citizen of the Treaty Country E-1: trade of the company must be “substantial”, principally between the U.S. and the Treaty Country (more than 50%), and employee must be supervisor, executive or have essential skills E-1: trade of the company must be “substantial”, principally between the U.S. and the Treaty Country (more than 50%), and employee must be supervisor, executive or have essential skills E-2: investment must be active, substantial, create jobs and employee must be filling a key role E-2: investment must be active, substantial, create jobs and employee must be filling a key role Spouse can work Spouse can work

14. J-1 Visas  Exchange Visitors – several categories  Including students, research scholars, trainees, professors  FMGs who are J-1 are subject to 212(e)  The two year foreign residence requirement  Home Government Funding  U.S. Government Funding  Skills List  Foreign Medical Graduates seeking post graduate training

15. L-1 Intracompany Transferees  L-1A – Managers/Executives  L-1B – Specialized knowledge  At least one year of work experience abroad with a parent, subsidiary, branch, or affiliate.  L-2 spouses can obtain US work authorization  5 years maximum for L-1B; 7 years for L-1A  Dual Intent authorized

16. O-1 Extraordinary Ability  Demonstrated Extraordinary Ability  3 years, then 1 to 3 year extensions, indefinitely  Evidenced by objective standards  Scholarly articles  Presentations  Elite memberships  Judge of the work of others  Original contributions to the field  Articles written about the individual

17. TN Status NAFTA NAFTA Canadians/Mexicans Canadians/Mexicans Limited numbers of occupations Limited numbers of occupations – Including but not limited to: Computer Systems Analysts, Engineers, Graphic Designers, Mathematicians, Statisticians, Research Assistants, numerous scientific disciplines, lawyers, etc. 3 year periods 3 year periods Benefits – speed and expense Benefits – speed and expense Detriment – Temporary Intent Detriment – Temporary Intent Spouse cannot work Spouse cannot work Canadians can apply for TN status at the border Canadians can apply for TN status at the border

18. Transition to Permanence Nonimmigrant visas are “temporary” Nonimmigrant visas are “temporary” Though many are long term, disadvantages abound: Though many are long term, disadvantages abound: – Lack of stability – Spousal/children work authorization – 21 and out for children

19. Brief Overview of Permanent Residence PERMANENT RESIDENCE (Green Card) Refugee / Asylum Diversity Lottery Family-Based Employment-Based

20. Overview of Permanent Residence  Well founded fear of persecution  Political overtones  Strict timelines for filing PERMANENT RESIDENCE Refugee / Asylum

21. Overview of Permanent Residence  50,000 annual “winners”  Specific countries only  Electronic submission of applications  Digital photo required  www.travel.state.gov www.travel.state.gov PERMANENT RESIDENCE Diversity Lottery

22. Overview of Permanent Residence  Limited circle of family  Spouses and children of USCs  Regardless of age or marital status  Spouses and unmarried children of PRs  Siblings of USCs  Parents of USCs PERMANENT RESIDENCE Family Based

23. Overview of Permanent Residence PERMANENT RESIDENCE Employment-Based I-140 (EB-1 or Non- Backlogged National Interest Waivers) Labor Certification File I-140 Adjust Status GREENCARD PROCESS CAN TAKE YEARS GENERALLY FASTER PATH

24. Employment Based Immigration  Labor Certification Process  Protecting the Labor Market  Non-teaching positions (in universities or elsewhere)  Only person left standing  University or college teachers  Special handling  “Best qualified” standard

25. P.R. through Labor Certification  1. Labor Certification  2. I-140 Employment Based (EB) Petition  EB-2 – Job requires minimum of a Masters or a Bachelor’s + 5 years experience  EB-3 – Job requires less than above  3. I-485 Application for Permanent Residence  This 3-step process can take years

26. P.R. through Labor Certification  Understanding the Visa Bulletin and its impact on the wait for permanent residence  Visa Bulletin: http://travel.state.gov/content/visas/english/law-and- policy/bulletin.html http://travel.state.gov/content/visas/english/law-and- policy/bulletin.html http://travel.state.gov/content/visas/english/law-and- policy/bulletin.html

27. March 2016 Visa Bulletin

28. Employment Based Immigration  Possible Exemptions from Labor Certification process:  Outstanding researcher/professor (EB-1)  Intracompany Managers (EB-1)  Extraordinary Ability (EB-1)  National Interest Waiver (EB-2)  Investor Status (EB-5)  $500,000 to $1,000,000 investment  Conditional Status granted  Employ 10 US workers

29. Exemptions from Labor Certification process 1. I-140 petition a.EB-1 if Outstanding Researcher, Person of Extraordinary Ability or Intracompany Manager b.EB-2 if National Interest Waiver 2. I-485 application for Permanent Residence

30. Plan the Work & Work the Plan  Planning is critical  Understanding the time it might take – short and long term  Reviewing individual options  Sometimes the answer is “no”  Deciding what is driving the train  Immigration?  Professional development?