US Immigration Options for Foreign Professionals and Graduating

US Immigration Options for Foreign Professionals and Graduating Students PRESENTED BY: Ting Ni, Attorney at Law CASADO LAW Casadolaw. com

TOPICS: l l l l Immigrant visas vs. Non-immigrant visas Working in the U. S. - B-1 visas vs. Working Visas Four levels of U. S. presence - from occasional visitor to U. S. citizenship Visa and Immigration Options foreign professionals and graduating students Family members Processing times Planning and budgeting

Immigrant vs. Nonimmigrant Visas l Immigrant visas – issued for people to live permanently in the U. S. l l l Family-based Employment-based Non-immigrant visas – issued for people with a permanent residence outside of the U. S. but who wishes to be in the U. S. temporarily (for work, business, school, medical reasons, or tourism, etc. )

Nonimmigrant Visa Categories l l l l l l l A B C D E E-3 F G H-1 A H-1 B H-2 A H-2 B H-3 I J K L M N O P Q R S TN U V Foreign Government Officials Visitors for Business (B-1) or Pleasure (B-2) Transit Aliens Crew Members Treaty Traders (E-1) and Investors (E-2) Specialty Occupation Workers - Australia Academic Students International Organization Representatives Professional Nurses Specialty Occupation Workers Temporary Agricultural Workers Temporary Workers Filling Non-Agricultural Positions Trainees Information Media Representatives Exchange Visitors Fiancés and Fiancées Intracompany Transferees Vocational Students Family Members of G-4 Special Immigrants Extraordinary Ability Entertainers, Athletes, and Others Entertainers and Athletes International Cultural Exchange Aliens Ministers and Religious Workers Aliens Assisting in Law Enforcement Activities Canadian and Mexican Professionals Crime Victims Spouses and Minor Children of Legal Permanent Residents

Visas for Foreign Professionals and Graduating Students - Overview l B visa - Visa for Business/Tourism l OPT - Work/training options for graduating students l J-1 visa - Interns/Trainees l H-1 B visa – Specialty Occupation / Professionals l O-1 visa - Extraordinary ability in sciences, arts, education, or business l L-1 A visa – Intracompany Transferee (Executives & Managers) l L-1 B visa - Intracompany Transferee (Specialized Knowledge) l E-1/E-2 visa – Treaty Trader / Treaty Investor

B 1 Visa l l l ESTA (Electronic System for Travel Authorization) or B-1 Issued by Consulate – required documentation to show intent Entries for six months at a time Good “bridge visa” especially for start ups Used to: attend meetings/ conferences/ set up a company/ hire employees Cannot receive payment on B-1 Don’t recommend you use for extended stay

B 2 Visa l l Visitor Visa – Issued at consulate or COS Used to: sight see, visit friends, wrap up affairs Not intended for living/ working in US Usually allowed up to six month stays at a time

OPT – Optional Practical Training l l Pre-completion / Post-completion OPT: Work must be related to major or field of study Process: File 765 before graduation or w/in 60 day grace period, wait for approval Generally granted 12 months to work STEM: Science, Technology, Engineering and Mathematics, can extend for 17 more months if employed by E-Verify employer

Designated STEM Degrees • Computer Science Applications • Biological and Biomedical Sciences • Actuarial Sciences • Mathematics and Statistics • Engineering • Physical Sciences • Engineering Technologies • Military Technologies • Science Technologies • Medical Sciences

J-1 Visa l l l Exchange visitor program aimed at promoting cultural exchange – students, researchers, physicians, academics, camp counselors, etc. Intern category – currently enrolled in a post-secondary institution outside of the U. S. , or graduated less than 12 months ago – Structured internship program of 1 year – Must go through a certified program sponsor Trainee category – have degree from post-secondary institution and 1 year of work experience OR 5 years experience – Structured training program of 18 months – Must go through certified program sponsor

H 1 B Visa l l l Visa for professionals (at least a BA degree) Prevailing wage Must be an employee of the company – – – l l l If more than majority shareholder use Board of Directors Separation between individual and controlling entity Right to control exists Quota of 65, 000 per year (+20, 000 masters degree) Six year limit Ability to pay issues

O 1 visa “extraordinary ability” l l Top of your field/ sustained national or international acclaim Extensive documentation “marketing you” No degree requirement, pay minimum, quota Cannot self-sponsor – Can file through an agent

L 1 A/ L 1 B Intra-company transferee l l l Affiliated relationship: new company vs. existing. Must maintain relationship One year of last three at company abroad L 1 A: executive, managerial, supervisory; or L 1 B: specialized knowledge New company: extensive documentation; must create jobs and maintain position L 1 A good visa to later request permanent residency under EB 13

E 1/E 2 Treaty Trader /Treaty Investor l l l Only countries that are signatories to Treaty of Commerce and Navigation with US Treaty trader: carry out systematic trade (goods, services, technology); trading firm must have nationality of treaty country; 50% of trade between US and treaty country Treaty investor: Invest substantial money (usually $100 k); investment must be personal; funds and at risk; at least 50% ownership of company from treaty country

E 1/E 2 continued l Can bring employees l Change in circumstances can affect the renewal of the visa. E. g. 50% owned by nationals – cannot fall below 50% mark

New Initiatives On August 2, 2011, Secretary of Homeland Security Janet Napolitano and U. S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas outlined a series of policy, operational, and outreach efforts to stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.

Startup America – Entrepreneurs in Residence l l Startup America, http: //www. whitehouse. gov/issues/startup-america A White House-led initiative to reduce barriers and accelerate growth for America's job-creating entrepreneurs. President's Council on Jobs and Competitiveness has recommended taking action to help ensure that America can out-innovate and out-compete the world in a global economy New website for entrepreneurs explaining options: http: //www. uscis. gov/portal/site/uscis/eir

From a Visa to U. S. Permanent Residency (Immigrant Visa) l l l L-1 A – Intracompany Transferees – very advantageous (EB-1) L-1 B - Intracompany Transferees – less advantageous (EB-2) E-1 - Treaty Traders - less advantageous (EB-2/3) E-2 - Treaty Investors – less advantageous (EB-2/3) O-1 – Extraordinary ability – Labor Certification & Job Offer requirements may be waived in some cases IMMIGRANT INVESTORS l EB-5 Preference Category - US$1 million (or less in certain areas) NATIONAL INTEREST WAIVER l EB 2

EB-2 l The EB-2 visa classification includes foreign workers with advanced degrees and individuals of exceptional ability in the arts, sciences, or business. l Entrepreneurs may obtain an employment-based second preference (EB-2) immigrant visa if they satisfy the existing requirements. – National Interest Waiver if one can demonstrate that their business endeavors will greatly benefit US. Usually in areas of ‘substantial intrinsic merit’ i. e. medicine, national security etc. Doesn’t require labor certification. l Generally, an EB-2 visa petition requires a job offer and a Department of Labor certification.

Family Members l Who is a family member (spouse and unmarried children under 21) l No provisions for partners l Work authorization for spouses of certain visa holders (L-1, E-2, E-3, J-1) l Consular processing and simple extensions of stay

Processing Times l Nonimmigrant Visas – preparation and application process may take several weeks/months, depending on the visa category l “Premium Processing” (15 days) available for certain visa categories; additional fee payment applies l Most application categories (except for B-1, E-1 and E-2) must be first processed and approved by the USCIS, before a visa application can be made at a U. S. Consulate l Center visa categories (B-1, E-1 can be applied for directly at the U. S. Consulates l Applications for Permanent Residency (Green Card) can take up to two (even more) years; processing times are difficult to predict

Planning and Budgeting l Planning ahead l Obtaining competent legal and tax counsel l Assembling documentation l Fees 1. USCIS filing fees 2. Consular fees 3. Attorney fees

Home-Based Businesses Inadvertent Unauthorized Employment? l What is Unauthorized Employment? l Incorporation Not Required l Where the Problems Arise l Passive Investments Allowed

Thank you for your attention! Feel free to request information materials. info@casadolaw. com www. casadolaw. com 650 -275 -2626