Immigration Presentation Fall 2010

Planning Several Steps Ahead!(Immigration Status After OPT)

Arthur Serratelli, Esq.

Vandeventer Black LLP [email protected]

500 World Trade Center Norfolk, VA 23510 757.446.8600

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Overview

•

What are the immigration rules?

• •

What should you say in a job interview about the rules?

“We don't 'sponsor;' We only hire Americans and Green Card Holders.”

REPLY?

•

What about a lawyer?

What are the rules?

4 basic ways to obtain a green card

1. Employment-based 2. Marriage to U.S. Citizen (Immediate) 3. Diversity Lottery 4. Family-based (Preference) * ALSO: Asylum/Refugee

What are the rules?

4 basic ways to obtain a green card

1. Employment Step 1  F-1 or J-1 Step 2  OPT or AT Step 3  H-1B or other work visa Step 4  Green card based on job

1. Employment

Step 2 

A word about OPT

Good news!

• Unpaid work is OK • Self-employment is OK – 1099 contractor, business license

1. Employment

Another word about OPT

• 12-month OPT can be extended 17 extra months for STEM students by an E-Verify employer • Small percentage employers enrolled in E-Verify, but growing – Federal contractors 9/8/09 • E-Verify: “voluntary” for employers – Online way to check work authorization

1. Employment

E-Verify database of companies

• Can’t confirm the accuracy, but at least a place to start • Most recent list of E-Verify participating companies as self reported www.smartbusinesspractices.com

1. Employment Step 3



Post-OPT job search options

• • • a. H-1B [6 yrs]

Requirements

A job offer w/ a company with a “proven track record,” For a position that requires at least a 4 yr college degree, and You have the required degree

1. Employment

Step 3 

Post-OPT job search options

a. H-1B • •

Features

Subject to the 85,000 quota--lottery H-1B quota exempt jobs – Employed at U.S. institution of higher education, or related non-profit entity – Employed at non-profit research organization or (federal) government research organization

1. Employment

Step 3 

Post-OPT job search options

• b. E-1/E-2 [2yrs or 4 yrs or 5 yrs+] • •

Requirements

Treaty between your country and U.S.

U.S. company that hires you owned by people or a company of your nationality White collar, skilled job c. E-3 – “H-1B for Australians” [2 yrs+]

1. Employment

Step 3 

Post-OPT job search options

d. TN [3 yrs+] • •

Requirements

From Canada or Mexico Job-title specific – see list

1. Employment

Step 3 

Post-OPT job search options

e. L-1A/L-1B [7 yrs / 5 yrs]

Requirements

• • • • Work overseas 1 full year, Transfer to affiliated U.S. company or branch office L-1A: manager or executive L-1B: specialized knowledge – Inside info * Leads to green card shortcut – EB1 jackpot!

1. Employment Step 3



Post-OPT job search options

• • • • • •

Even more options

R-1 — religious worker [5 yrs] G — international organizations [vary] O-1 — Extraordinary Ability [vary] P-1— Athlete/Entertainer [vary] A — ambassador / embassy [vary] I — journalist visa [vary]

1. Employment

Step 4  No

Employment-based green cards

labor certification required [

no advertising]

• • • EB-1—intra-company transferee • Job offer required (L-1A; perhaps E-1 / E-2) EB-1—extraordinary ability • No job offer required EB-1—outstanding professor/researcher • Job offer required—permanent position • • 3 yrs experience Evidence (see glossy booklet)

1. Employment

Step 4 

Employment-based green cards

No labor certification required [

no advertising]

• • EB-2—National Interest Waiver • • Job offer and labor certification required,

unless

in the national interest Expertise significantly above ordinary EB-4—religious worker and “other”

1. Employment

• • • Step 4 

Employment-based green cards Labor certification required [advertising]

EB-2—Professors “Special Handling” EB-2—Masters / “Exceptional Ability” – Job offer and labor certification required • (When national interest waiver unavailable) • Either Masters OR expertise above ordinary EB-3—professionals (Bachelors), skilled workers, and other workers – Job offer and labor certification required

1. Employment

Want more information?

Key internet resource— “glossy booklet”

(Post-OPT Job Search Summary Booklet)

http://www.vanblk.com/documents/ ImmigrationLawsforBusinessBooklet05.pdf

www.facebook.com/immigration.art

2. Marriage 3. DV Lottery

2nd & 3rd of 4 ways to get a green card

2. Marriage (immediate) Step 1  F-1 or J-1 Step 2  Green card based on marriage to U.S. citizen 3. Diversity lottery Step 1  Step 2  F-1 or J-1 Green card based on diversity lottery

Features

• • • 50,000 places each year for citizens of countries with few immigrants to the U.S

If you are legal, apply through www.travel.state.gov during eligibility period Winners should act very carefully within one-year window of eligibility

4. Family (Preference)

4th of 4 ways to obtain a green card

4. Family-based (preference) Step 1  Step 2  F-1 or J-1 Green card based on family member in U.S.

Categories

• Unmarried sons and daughters (21+) of U.S. citizens • Spouses, children, and unmarried sons and daughters (21+) of LPRs • Married sons and daughters (21+) of U.S. citizens • Siblings of adult U.S. citizens

* NO GOOD—takes too long!

What should you say in an interview?

• • • • Any mention of H-1B & Quotas?

Any mention of E-Verify?

Any mention of OPT?

Any mention of the green card?

*

HINT— On a first date , don’t ask for marriage before the soup arrives You must balance—

• The need to mention immigration with • The need to focus on your resume and unique job qualifications to

get hired

What should you say in an interview?

Slide of Shame

• It is a shame when U.S. employers ask an international student to explain U.S. immigration law!

• • SHAME!

Don’t waste time—

you

focus on getting hired; let your

school immigration lawyer

or an explain the law!

What should you say?

Want more information?

Key internet resource— The Art Serratelli version of the

“Janene Oettel Pamphlet”

http://www.vanblk.com/Resources/documents/ ImmigrationGuideToHiringStudents11242008.pdf

www.facebook.com/immigration.art

“We Don't Sponsor”

REPLY?

• •

“We don't sponsor H-1Bs or other work visas” “We Only Hire Americans or Green Card Holders ”

Reply “Any flexibility? 'Sponsoring' basically means getting permission from immigration to put a foreign-born person on a USA payroll.” “Once you get permission, you can treat me just like an American or a Green Card worker!”

“We Don't Sponsor”

REPLY?

“ We don't sponsor H-1Bs or other work visas” “We Only Hire Americans or Green Card Holders”

• • Other Employer Concerns Paperwork to “sponsor” is complicated.

–

NO: Just 8 pieces of employer info

Fees for USCIS and a lawyer are too expensive.

–

NO: Except for 1 fee that the employer must pay, everything is negotiable

What about a lawyer?

4 tips to choosing an immigration lawyer (if you have to . . .) —

• 1. Lawyer must be a member of AILA • 2. Lawyer should only do immigration law • 3. Only pay a fixed legal fee • 4. Pick a lawyer via references

Obtaining a green card via employment

Enroll Graduate Actions Maintain F-1 status Apply for H-1B Maintain H-1B status Start EB green card File I-140 File I-485

Green card U.S.

Citizenship Status Enrolled in school F-1 status OPT Work F-1 status EB-2 EB-3 State DOL Fed DOL USCIS visa backlog (0-7 yrs) USCIS (6 mos to 2 yrs) USCIS (5 yrs) H-1B or other lawful work status Temporary work status LPR pending U.S.

Citizenship LPR LPR status

Questions?

Contact information

Arthur Serratelli, Esquire Partner & Chair, Immigration Law Group Vandeventer Black LLP 757-446-8683 (direct dial) 757-446-8670 (fax) [email protected]

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