1. Immigration Trends & Prospects in Impacting U.S.-India Business
Gardere Wynne Sewell LLP
1601 Elm St Ste 3000
Dallas, Texas 75201
By Vishal Chander
(214)

2. Outline U.S. India Trends H-1B Aftermath 2014 Immigration Directives
24 Month OPT STEM Extension
Same or Similar Job
L-1B Adjudications Policy
Future Programs

3. U.S. India Trends
India has some of the highest migration rates to the United States
2014 Naturalization
2014 Approved Permanent Residents

4. H-1B FY 2017 Received 236,000 H-1B petitions
April 12 USCIS announced it had completed the random selection process
Will begin premium processing for H-1B cases no later than May 16, 2016
Premium processing cases are already receiving electronic receipts and being processed

5. H-1B Trends Fiscal Year Cap Reached Number 2017 April 7, 2016 236,000
233,000
2015
April 7, 2014
172,500
2014
April 7, 2013
124,000
2013
June 11, 2012
2012
November 29, 2011

6. Current Trends November 20, 2014 Directives issued by President Obama
Reform of OPT Program
Policy Memorandum on Portability During Green Card Processing
Policy Memorandum on L-1B Specialized Knowledge Standards
Others – Investors, NIW, Streamline

7. New STEM OPT Rule New Rule Published March 11,2016
New Rule Effective May 10, 2016
Deadline for existing 17 month STEM OPT holders is August 8, 2016

8. What is the Same Employer must be enrolled in E-Verify
20 hours per week of practical training
Gap Cap Relief
May not apply for extension during 60 day grace period
Student must check in with DSO every six months to validate SEVIS data

9. What is New Increases STEM Extension to 24 months
Must apply for additional extension
Training Plan
Employer Certifications – Wages Displacement
Site visits

10. I-983 Training Plan
Must be completed by student with employer and returned to DSO
Employer certifications – similar to H-1B
will not replace a full-time or part-time temporary or permanent U.S. worker
terms and conditions of the STEM OPT opportunity are commensurate with similarly situated

11. Training Plan State STEM field of training opportunity
Detail the tasks and assignments
Detail oversight and supervision
Detail measures and assessments
Student Self Evaluation – must be signed by the employer

12. DHS Site Visits 48 hour notice
May request compliance information in lieu of site visit
Ensure student engaged in work based learning consistent with I-983

13. Only one extension per degree level, even if multiple degrees
Prior STEM degree can be used for current students
Received a degree from accredited school and holds STEM degree within 10 years of STEM extension application date
MBA candidates with engineering degrees

14. No Automatic Conversion
Students on 17 month extension must apply for 7 month extension
Must have 150 days on EAD
Must apply before August 8, 2016

15. Improvements for High Skilled Workers
Proposed rule December 31, 2015
Clarifications on 7th year extension
I-140 Revocation
AC21 Job Portability
Compelling Circumstances EAD
Parole of EB-5 Investors

16. Same or Similar Job Portability
March 18,2016 clarification on AC21 portability
Totality of Circumstances
SOC occupational code
Broad code
Career Progression – managing functions of prior occupational classification
Wages are not conclusive

17. H-1B Status: Generally
H-1B – Allows person in specialty occupation to temporarily work in the U.S.
Annual cap 65,000
Admission for 3 year period
Extended for maximum of 6 years
Extension beyond 6 available while green card application pending
Labor Condition Application - Prevailing Wage Requirement

18. L-1B Guidance Effective August 31, 2015
Clarifies standards for specialized knowledge workers
Really doesn’t change standards, merely provides clarification

19. Compelling Circumstances EAD
Provision of proposed regulation
Nonimmigrant holder with long pending EB application
Compelling circumstances:
(1) serious illness or disability (2) employer retaliation (3) other substantial harm to the applicant (4) significant disruption to the employer

20. Known Employer Pilot Streamline hiring of foreign workers
Employers create profile and upload supporting documents
Goal is to eliminate employer eligibility
March 3, 2016 – Five Employers
Citigroup, Inc., Ernst & Young LLP, Kiewit Corporation, Schaeffler Group USA, Inc., Siemens Corporation