1. Immigration ABCs By Feng Bo, Esq. April 14, 2012

2.  B.A., Fudan University  M.A., University of Southern California  J.D., Southwestern School of Law  Licensed in California, USA My Background

3.  Federal Law  Immigration and Nationality Act, Title 8 of United States Code  Federal Agencies  Department of Homeland Security  USCIS, ICE and CBP  Department of Justice  Executive Office for Immigration Review  Department of State  Department of Labor Basic Introduction of Immigration Law

4.  F1 - CPT and OPT  J-1  Other Working Visas  H1-B  L  E How to Work Legally in USA?

5.  Fiscal Year: starting on Oct 1 st every year  H1-B Cap  Regular Cap: 65,000 (up to 6,800 visas set aside for Chile and Singapore Citizens)  Advanced Degree Exemption: 20,000  Qualifications  Bachelor’s or higher degree, industry standard, employer standard Working Visas – H1-B

6.  L1-A: Executive or Manager  L1-B: Specialized Knowledge  U.S. Employer  Qualifying relationship with a foreign company  Doing business requirement  Employee  One continuous year of working for the qualifying foreign company  L1-A: will work as an executive or manager in USA  L1-B: will render services in a specialized knowledge capacity in USA Working Visa – L (Intracompany Transferee)

7.  E-1 Treaty Trader  Be a citizen of a country/area with which U.S. has a treaty of commerce and navigation, and  Carry on substantial trade, and  Carry on principal trade b/w U.S. and the treaty country  E-2 Treaty Investor  Be a citizen of a country/area with which U.S. has a treaty of commerce and navigation, and  Having invested, or is actively investing, a substantial amount of capital in a bona fide enterprise in U.S.  Enter U.S. solely to develop and direct the investment enterprise Working Visa - E

8.  Employment Based  Family Based  Others How to obtain a green card?

9. Employment Based – Visa Bulletin Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES 1stCCCCC 2ndC15AUG07 CC 3rd01MAY0601APR0508SEP0201MAY06 Other Workers01MAY0622APR0308SEP0201MAY06 4thCCCCC Certain Religious Workers CCCCC 5th Targeted Employment Areas/ Regional Centers and Pilot Programs CCCCC

10.  EB-1A: Alien of Extraordinary Ability  Extraordinary ability in the sciences, arts, education, business, or athletics  Internationally recognized award, such as Nobel, Oscar, Olympic medal, or  Meeting any three of the ten criteria,  Seek to enter the U.S. to continue work in the area of extraordinary ability, and  Alien’s entry into the U.S. will substantially benefit prospectively the U.S.  Benefits of EB-1A  No labor Certification  No employer sponsor Employment Based EB-1 Priority Worker

11.  EB- 1B: Outstanding Professors and Researcher  Internationally recognized as outstanding in a specific academic area,  At least three years of experiences in teaching or research in the academic area, and  Aliens seeks to enter the U.S.  Tenure or tenure-track position to teach  Comparable position to conduct research, or  Comparable position to conduct research with a private employer  EB-1C: Multinational Managers and Executive Employment Based EB-1 Priority Worker

12.  Who is eligible?  Advanced degree or equivalent (Bachelor’s degree + 5 years progressive experience), or  Exceptional ability in the sciences, arts, or business  NIW  Exceptional ability,  National Interest, and  National interest substantially outweighs adverse affect on U.S. job market Employment Based EB-2

13.  Who is eligible?  Skilled Workers  Professionals with a bachelor’s degree  Other workers Employment Based EB-3

14.  10,000 visas annually  Owning and operating a personal residence NOT qualify you as EB-5 investor  Required amount of investment (cannot be borrowed)  $1 million anywhere in U.S.,  $500k in targeted employment area (high unemployment or rural area),  $500k investment in “regional center” approved by USCIS  Create or preserve at least 10 full time jobs within 2 years, excluding  Investor, and investor’s spouse, sons and daughters,  Anyone in any nonimmigrant status (such as H1-B visa holder),  Anyone not authorized to work Employment Based EB-5 Immigrant Investor

15.  Immediate relative of U.S. citizen – no waiting in line!!!  Spouse of U.S. citizen  Children (unmarried and under 21) of U.S. citizen  Parents of U.S. Citizen  Other Relatives of U.S. citizen and permanent resident Green Card – Family Based

16.  VAWA (Violence against Women Act)  Applicable to both women and men  Who are eligible to file  Abused spouse of U.S. citizen or permanent resident  Parent of a child who has been abused by your U.S. citizen or permanent resident spouse  Child under 21 and unmarried who has been abused by U.S. citizen or permanent resident parent  Abused parent of U.S. citizen  Asylum - Persecution or Fear of Persecution based on  Race  Religion  Nationality  Membership in a particular social group  Political Opinion Others

17. Q & A