Immigration Workshop For International Students (F-1 & J-1)

Eugene Goldstein, Esq.

Law Offices of Eugene Goldstein & Associates (212) 374-1544 [email protected]

www.eglaw-group.com

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Choosing an Immigration Lawyer



Four Tips

 #1: Lawyer Must be a Member of AILA  #2: Only Pay a Fixed Legal Fee  #3: Only Immigration Law  #4: Student Should Pick a Lawyer Via Reference 2

Where to get the Right Advice?

      FSA The Appropriate Lawyer   Cheapest is not the best.

Find the specialist general practice don’t choose lawyers who advertise for New York City Legal Referral Service  212-626-7373 or www.iLawyer.com

Reliable Friends CUNY Naturalization and Citizenship Project  Five Clinics – City, City Tech, La Guardia, Queensboro, Express Clinic – Uptown Manhattan Beware of Mistaken Perception of New Laws 3

Beware of Non-Lawyer Experts, Notarios, Travel Agents, etc.

 To Report Unauthorized Practice of Law   N.Y. County District Attorney’s Office – 212-335-3600 Northern Manhattan – 212-864-7884  N.Y. Attorney General’s Office http://www.oag.state.ny.us/  To Confirm Lawyer   Unified Court System - 212-428-2800 Lawyer licensing is by state, please check each state’s board of bar examiners online.

 To Refer to Other Agencies  New York County – to refer to other agencies 4

The Various Federal Agencies:

 DOS (Department of State) through its Visa Office and the U.S. Consulates issue Visas.

 CBP (Custom and Border Protection) stamp you in.

 – the “Gatekeeper”, they This is the first point of contact at airports or other ports of entry.

 USCIS (United States Citizenship and Immigration Services)  Decides motions to reinstate, changes of status, and employment cards – and maybe one day, green cards.

 ICE (Immigration and Custom Enforcement) –The immigration police who manage SEVIS and enforce compliance.

 USDOL, HHS, Selective Service, Social Security 5

Employment Options for F-1 International Students

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2.

3.

4.

Employment on Campus Employment for Unanticipated Severe Economic Need Curricular Practical Training (CPT) Optional Practical Training (OPT) 6

Employment Based on Economic Need

   Employment after one year of study at each school if there has been unforeseen severe change in your financial position (such as a large devaluation of your country’s currency, loss of a scholarship, large tuition increase), sponsor’s death, bankruptcy, or natural disaster.

Eligibility

– must be under F-1 status for at least one academic year, good academic standing, continued full-time status, inability to find campus employment.

Limitations

– Maximum 20 hours per week during school year, full time during vacation periods; permission granted for one year at a time.

 USCIS authorization required - EAD 7

Curricular Practical Training (CPT )

     Employment as part of a student’s educational experience, offered by an employer through agreement with the school. Must be in college catalogue.

Eligibility

status.

– F-1 status for at least nine months (which can be waived for graduate students under certain circumstances) and/or continued student

Limitations

– limited to internships, co-op education, alternate work/study program, required practicums. Maximum 364 days or no OPT.

Must be authorized by designated school officials.

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Optional Practical Training (OPT)

 Employment for up to one year after graduation in a job

related to your field of study.



Duration

- one year for each academic level.

 

Eligibility

- F-1 student applies 90 days prior or 60 days after completion of studies. Requires employment after approval.

Limitations

– 20 hours if school not in session, deduct from full time of one year OPT.

 One year + 17 months if STEM with E-VERIFY.

 Must be authorized by USCIS and the designated school official – EAD.

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General Issues

 Finding a Job  

Employers CAN Discriminate Against International Students.

What to Say in the Job Interview?

 Should I disclose that I will need to be “sponsored”?

  What should I say?

Sell Yourself.

  Please call my very reputable lawyer.

The employer does not need to advertise for the H-1B category.

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What is a Visa? What is Status?

 Visa:  The Key to Enter the U.S.

 This is a Travel Document  Consulate Laminates into Passport  Status:  I-20 or Certificate from School  I-94 (DS2019) Stamped at Entry   Changed by USCIS While in the U.S.

Note  OPT is Under F-1 Status 11

H-1B

 Specialty Occupation = Professional    4 year degree or higher Major from degree Must Match Job Duties Not What you Have – But What the Job Needs:  For example: Registered Nurses are not professional as job requires only a 2 year degree.

 For example: Specialty or head nurse does qualify as job requires B.S. degree.

 Full Time(35 hr+) vs. Part Time (must be able to support yourself) 12

H-1B

   6 Year Limit (3+3, etc.) 1 Year Outside U.S. Before Reenter in H-1B Cycle Reclaim Time Spent Outside U.S.

 Prove with Entry/Exit Stamps, Boarding Passes, Frequent Flier Records, Etc.

 AC21 Extension if Pending Employment-Based Green Card Applications for 1 Year  Specific To Employer  Each Employer Must Petition.

  One Employer/One Petition, Or Multiple Employers/Multiple Petitions.

 Use of an Agent Employer For Multiple Short Jobs.

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H-1B Cap

      65,000 +/  Plus 20,000 Advanced U.S. Degrees Government Fiscal Year is 10/1 – 9/30  DOL Permits Filing 6 months Early File 4/1 – 4/5 If Over Cap  Lottery If you win the H-1B lottery – OPT extended to 10/1 H-1B start date with employment – but no travel.

If you lose – continue in school or consider alternative visa categories, or go home.

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H-1B Jobs Exempted from Quota

 Employment at a U.S. Institution of Higher Education (Colleges or University) or a Related/Affiliated Non-Profit Entity.

 Employment at a Non-Profit Research Organization or a (Federal) Government Research Organization, or State or Local Government Benefiting the Federal Government.

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Six Year Maximum

 When Should H-1B Petition be Filed?

  Give Up OPT Completely or Partly.

Gamble each year to capture Your H-1B When Available – Uncertainty.

 Can change or add employer with a new petition and begin when filed.

  Official USCIS Receipt, or FedEx/UPS Receipt 16

Employer Files for H-1B:

    Labor Condition Application – LCA  Not Labor Certification – No Newspaper Advertising I-129 H-Supplements (Statistics, Fee Exemption), Explanation Letter, Supporting Documents (Credentials, Employer Bona Fides) Costs =  Filing Fee $320    Training Fee $750 (Companies of 25 employees or less/$1,500 if 26 employees or more) Fraud Detection Fee $500 by Employer Premium Processing Fee $1,000 17

Change Status or Consular Notice

 Change of Status  While in the U.S.

 Consular Notice  To Obtain Visa Outside the U.S.

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Other Categories

If H-1B is Unavailable or Not Appropriate:  E-1: Treaty Trader    E-2: Treaty Investor E-3: Australian Special Occupation L-1: Intercompany Transferee        O-1: Extraordinary Individual P-1: Entertainment Group TN: NAFTA (Mexico, Canada)  Free Trade: Chile, Singapore A: Diplomat G: Non-Government Diplomat  Ex: National Monetary Fund, U.N., World Bank,etc.

I: Journalist R: Religious Worker 19

Green Card Categories



Family-Based



Employment-Based

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Green Card Quotas

 Limited Number of Places Each Year for Specific Family and Employment Categories.

 Place in Line Set by Petition Filing Date.

 Changes Each Month – Check the Visa Bulletin Website http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

 There Could be Long Quota Delays.

 In Order to Adjust Status in U.S., Must Remain in Lawful Status.

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Family-Based Green Card (The I-130)

    Immediate Relative (Above the Quotas):   Marriage to Citizen (USC) Parents of USC (Includes Under 21 Children) Preference Categories:   Unmarried Sons and Daughters (Over 21) of USC (Age Out Provisions) Spouses, Children and Unmarried Sons and Daughter (over 21) of LPR.

 Married Sons and Daughters of USC  Siblings of Adult USC To Adjust Status in U.S.

– Remain in Lawful Status.

If Unable to Adjust Status in U.S.

Process if Able.

– Consular 22

Family-Based Green Card

     Relationships must be

bona fide

.

Relief is available for spousal abuse VAWA Applies to Both Women and Men.

   Go to hospital Call police Take photos of injuries Private Agencies:  Sanctuary for Families   24hr Hotline  (800) 621 – HOPE NYC  (212) 349 – 6009 New York State:  New York State's 24-hour Domestic Violence Hotline: (800) 942-6906 (English) (800) 942-6908 (Spanish) 23

EMPLOYMENT Green Card Categories (The I-140)



EB-1

 Extraordinary (no Sponsor)  Exceptional  Outstanding Professor or Researcher  Investors  International Transferees (Managers/Executives) 24

EMPLOYMENT (cont.)



EB-2

 Waiver of Labor Certification in the National Interest:  Work in National Interest  First Among Equals – Able to Make Unique Impact  No Petitioner 25

EMPLOYMENT (cont.)



EB-2/3: Labor Certification

  Schedule A - Not the LCA (Labor Cert. Exempt) – Nurses, Physical Therapists.

Special Handling – College Teachers  General Workers  If job requires Masters+5 years experience, EB2, Otherwise EB3 26

EMPLOYMENT (cont.)

 Labor Certification    PERM Delays U.S. Job Offer:  Objectively describe duties, experience, education.

 Requirements must be open to U.S. workers, not particularized to applicants’ skills.

 Must show no U.S. worker is able, willing, qualified or available at the prevailing wage.

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EMPLOYMENT (cont.)



Quotas

     Limited Pool of Places Each Year by Category and by Country.

Fewer Places in EB3, Therefore Delays Up to Many Years EB-2 Delays for China and India If Legal in U.S. Adjust Status in U.S.

If Out of Status, Consular Process, but, May be Banned for 3 or 10 Years If Unlawfully Present (180 days grace period)  Exempt From Unlawful Presence if D/S.

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Diversity (DV) Lottery

 50,000 places each year for citizens of countries with low representation in U.S. immigrant flow.

 If you are outside the U.S., or within the U.S. and in legal status, apply through www.travel.state.gov during eligibility period.

 Paying someone to file for you will not help.

 Winners are notified by snail mail.

  Winners should act on reliable advice within the one year window of eligibility.

10/2/09-11/30/09  www.dvlottery.state.gov

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QUESTIONS?

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Contact Information

Eugene Goldstein, Esq.

Law Offices of Eugene Goldstein & Associates 150 Broadway Suite 1115 New York, NY 11038 (212) 374-1544 Fax: (212) 374-1435 [email protected]

www.eglaw-group.com

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Immigration Workshop For International Students (F-1 & J-1)

Eugene Goldstein, Esq.

Law Offices of Eugene Goldstein & Associates (212) 374-1544 [email protected]

www.eglaw-group.com

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