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Life After F-1 © Scott Global Migration Law Group 2019 | www.scottimmigration.com.

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Presentation on theme: "Life After F-1 © Scott Global Migration Law Group 2019 | www.scottimmigration.com."— Presentation transcript:

1 Life After F-1 © Scott Global Migration Law Group 2019 |

2 VISA OPTIONS Non-Immigrant Visas:     Immigrant Visas: H-1B, H-1B1, E-3, L-1, TN, O-1, P     EB-1, EB-2, EB-3, EB-5  E-1/E-2 © Scott Global Migration Law Group 2019 |

3 Non-Immigrant Visa Options
TN (NAFTA Treaty) For professional employees from Canada and Mexico, similar to H-1B O-1 For persons of extraordinary ability H-1B1 For nationals of Chile and Singapore performing services in a specialty occupation L-1 For employees of a multinational company temporarily transferred to the US P For performing artists and athletes E-3 For nationals of Australia performing services in a specialty occupation E-1/2 Treaty Nationals © Scott Global Migration Law Group 2019 |

4 H-1B BASICS H-1B For Specialty Occupations:
“An occupation that requires theoretical and practical application of a body of specialized knowledge, and a bachelor's degree or higher degree (or its equivalent) in a  “specific field.” The job duties for the position you are offered must require at least a bachelor's degree in a specific field and the job must be offered at the required wage. © Scott Global Migration Law Group 2019 |

5 Do Your Job Duties Require a Degree in a Specific Field?
Places To Start: Occupational Outlook Handbook financial/home.htm © Scott Global Migration Law Group 2019 |

6 BUILD YOUR ARGUMENT THAT THE JOB DUTIES REQUIRE YOUR DEGREE
Online Job Listings                             OOH O*Net Letters from experts in the field (your professors) © Scott Global Migration Law Group 2019 |

7 O*NET Resource Center https://www.onetonline.org/
© Scott Global Migration Law Group 2019 |

8 H-1B: Required Wage H-1B position must be offered at the Required Wage. Required Wage is the higher of the Prevailing Wage or the Actual Wage. The Actual Wage is what other similarly situated employees are being paid. The Prevailing Wage is determined by the U.S. Department of Labor. © Scott Global Migration Law Group 2019 |

9 Prevailing Wage: Ways to Find It
-Occupational Employment Statistics (OES)  -Submit a prevailing wage request   -Conduct an independent wage survey © Scott Global Migration Law Group 2019 |

10 1. OES Job Location: County and State
© Scott Global Migration Law Group 2019 |

11 Place your screenshot here
2. OES Place your screenshot here Job Title © Scott Global Migration Law Group 2019 |

12 3. OES Job Duties © Scott Global Migration Law Group 2019 |

13 4. OES Prevailing Wage © Scott Global Migration Law Group 2019 |

14 5. Wage Levels Level 1 Wage Level 2 Wage Level 3 Wage Level 4 Wage
Example: Accountant/Auditor Level 1 Wage $20.25 hour - $42,120 year, Bachelor’s degree and up to 1 yr experience Level 2 Wage $27.68 hour - $57,574 year, Bachelor's degree and 2 yrs, or Master’s degree Level 3 Wage $35.10 hour - $73,008 year, Bachelor’s and 3 yrs or Master’s degree and 2 yrs Level 4 Wage $42.53 hour - $88,462 year, Bachelor’s and 5 years, or Masters and +2 yrs *Please note, these qualifications are in general © Scott Global Migration Law Group 2019 |

15 “ If I get H-1B status, how long may I remain in the US? ANSWER
This is an employer-driven petition so the employer requests the exact dates of H-1B status in the USCIS petition Maximum of six years in H-1B status You may extend after six years if certain applications or petitions have been timely filed ANSWER © Scott Global Migration Law Group 2019 |

16 Once my petition is approved in the lottery, when may I begin working? Start date details: H-1B lottery H-1B Start Date: April 1, Begin Working in H-1B Status October 1 In order to be employed in H-1B status, you must have both an approved petition for that particular job and valid H-1B status You may not begin or continue working until both of these have been approved, unless you have another status that permits employment © Scott Global Migration Law Group 2019 |

17 “ If I want to change jobs, what should I do? ANSWER
A new H-1B petition must be received by USCIS before you quit your job. ANSWER © Scott Global Migration Law Group 2019 |

18 The End of H-1B Employment
Strategies Part-time H-1B employment  Concurrent H-1B petitions  Return to school  Or Other Visa Status  © Scott Global Migration Law Group 2019 |

19 0- 1A Evidence of at least (3) three of the following:
Extraordinary ability in the sciences, education, business or athletics Evidence of at least (3) three of the following: Receipt of nationally or internationally recognized prizes or awards for excellence in the field Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by well-known national or international authorities in the field Published material in professional or major trade publications, newspapers or other major media about the beneficiary or the work of the beneficiary Original scientific, scholarly, or business-related contributions of major importance and recognition in the field Authorship of academic articles in professional journals or other major media A high salary or other compensation for services rendered Participation on a panel, or individually, as a judge of the work of others in the same field of specialization for which classification is sought Employment in a critical or essential capacity for Companies and organizations that have a distinguished reputation © Scott Global Migration Law Group 2019 |

20 0- 1B Evidence of at least (3) three of the following:
Extraordinary ability in the field of Arts (such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts) Evidence of at least (3) three of the following: Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation Achieved national or international acclaim, as shown by published materials by or about the beneficiary in major newspapers, magazines, or other publications Performed and will perform in a lead, principal, or critical role for companies and organizations that have a distinguished reputation A record of major commercial success, as shown by box office receipts, motion picture or television ratings reported in trade journals, major newspapers or other publications Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged A high salary or other substantial compensation for services in relation to others in the field © Scott Global Migration Law Group 2019 |

21 IMMIGRANT VISA OPTIONS Extraordinary Ability PERM
National Interest Waiver Outstanding Researcher EB-5 PERM © Scott Global Migration Law Group 2019 |

22 The Labor Certification Process (PERM)
Employer-driven process Involves two components: Recruitment for the position at the prevailing wage Submission of application to the US Department of Labor. Once the application is certified, your employer files an I-140 with USCIS on your behalf. Complete process by filing I-485. © Scott Global Migration Law Group 2019 |

23 Certification Avoiding Labor Extraordinary Ability
National Interest Waiver Outstanding Researcher EB-5 © Scott Global Migration Law Group 2019 |

24 Extraordinary Ability Petitions (EB-1A Category)
You or your employer must demonstrate that you are one of that “very small percentage” who has sustained “national or international acclaim” and that you have “risen to the very top of your field of endeavor.” © Scott Global Migration Law Group 2019 |

25 Extraordinary Ability Criteria: EB-1
Extraordinary Ability is for individuals who have sustained national or international achievements in the fields of sciences, arts, education, business, or athletics. OR THREE OF THE FOLLOWING: Receipt of lesser nationally or internationally recognized prizes or awards for excellence Membership in associations in your field which demand outstanding achievement of their members Published material about you in professional or major trade publications or other major media Judge of the work of others, either individually or on a panel Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field Authorship of scholarly articles in professional or major trade publications or other major media Work has been displayed at artistic exhibitions or showcases Performance in a leading or critical role in distinguished organizations High salary or significantly high remuneration in relation to others in the field Commercial successes in the performing arts NOBEL PRIZE OLYMPIC MEDAL © Scott Global Migration Law Group 2019 |

26 Qualifying Extraordinary Ability
© Scott Global Migration Law Group 2019 |

27 EB-5 Visa Invest $1,000,000 and create 10 full-time jobs for qualifying US workers Invest $500,000 in a “Targeted Employment Area” (high unemployment or rural area) and create 10 full-time jobs for qualifying US workers OR © Scott Global Migration Law Group 2019 |

28 BEST PRACTICES AND TIPS
Use the excellent resources available to you at your University. Maintain valid non-immigrant status, avoid any unlawful presence. Avoid any arrests or convictions. Plan ahead! © Scott Global Migration Law Group 2019 |

29 IMPORTANT INFO Immigration Officers need a warrant to 1) arrest you, or 2) to search your home. U.S. Immigration and Customs Enforcement (ICE) can issue arrest warrants. Only a court can issue a search warrant. Encrypt all devices. Never give up a device unless forced to. Never give up a password without a warrant. Delete everything before traveling. © Scott Global Migration Law Group 2019 |

30 QUESTIONS? Thank you for your time today!
For more information and updates, like us on Facebook or follow us on This presentation is also available on our website: © Scott Global Migration Law Group 2019 |


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