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F-1 Graduating Student Immigration Presentation 2008

F-1 Graduating Student Immigration Presentation 2008



Presentation designed to teach F-1 Graduating Students what options they have upon graduation from University.

Presentation designed to teach F-1 Graduating Students what options they have upon graduation from University.



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F-1 Graduating Student Immigration Presentation 2008 F-1 Graduating Student Immigration Presentation 2008 Presentation Transcript

  • Immigration Today– Ignorance is Not Bliss. Charles H. Kuck Kuck Casablanca LLC—The Immigration Law Firm 8010 Roswell Rd., Suite 300 Atlanta, GA 30350 404/816-8611 (F) 404/816-8615 Toll Free: 1-866-286-6200 Offices also in Miami and Orlando, Florida, and Dalton and Gainesville, Georgia [email_address] www.immigration.net
  • Our Bizarre Immigration Laws
    • 1952 Immigration and Nationality Act
    • Immigration Reform and Control Act of 1986
    • Immigration Act of 1990
    • Illegal Immigration Reform and Immigrant Responsibility Act of 1996
    • American Competitiveness and Workforce Improvement Act of 1998
    • American Competitiveness in the Twenty First Century Act of 2000
    • Visa Waiver Permanent Program Act of 2000
    • Legal Immigration and Family Equity Act of 2000
    • Extension of 245(i) and other new laws for 2001
    • PATRIOT Act of 2001
    • Border Security and Visa Reform Act of 2002
    • Real ID
    • And More to come.
  • The Politics of Immigration
  • DHS Enforcement Changes
    • Employer sanctions enforcement shifted to criminal investigations and focus on companies in industries that touch on national security issues
    • Increase in criminal charges for entry violations and document fraud
  • “Third Country National” Visa Processing
    • DHS/DOS restrictions on TCN return to US
    • Security checks for citizens of the “classified” countries
    • Status breaks mean home country visa processing only and forever
    • Export Control licensure enforced
  • Hiring Foreign Workers— Who can Hire Me?
    • First, What is my status?
    • Second, What is my citizenship?
    • Third, Have I always maintained “status”
    • Fourth, What options do I have?
      • Employer
      • Self Employment?
  • Pre-Employment: What Can You Be Asked?
    • Do you have the unrestricted right to work in the United States?
    • If the person answers “no,” the second question is:
    • Will you need the Company’s sponsorship to continue or extend your current work authorization status?
    • If this answer is “yes,” the person is not in a protected class.
  • Not Protected from Employment Discrimination?
    • “ Unauthorized” foreign nationals
    • Foreign nationals in valid non-immigrant status [H-1B, L-1, F-1 etc.]
    • Foreign nationals with temporary work authorization [the EAD]
    • A policy not to hire persons in these groups is permissible.
  • BUT, What can I do: TEMPORARY VISAS
    • F-1/CPT/OPT Student Visa
    • B-1 Business Visitor
    • H-1B Temporary Worker
    • L-1A and L-1B
    • E-1/E-2
    • TN Professional Work Permit
    • J-1
    • O-1
  • F-1 Student Status/OPT
    • You must apply for OPT 90 days prior to graduation
    • OPT is valid for employment AFTER the Employment Card is issued!
    • Extensions of the OPT are available if you are STEM Grad—17 more months
    • OPT is valid for work within your field of study
    • OPT is a bridge to a more long term NIV
    • Beware the H-1B Gap!
    • F-1 Students with OPT/CPT -- Tax Issues
  • H-1B Specialty Occupation
    • Requires a bachelor’s degree in the specific specialty as an industry minimum for entry-level position
    • Prospective employee must have that specific degree or equivalent
    • No requirement for unavailability of labor!
  • H-1B Specialty Occupation
    • Preliminary filing with U.S. Department of Labor
    • Pay the “prevailing wage” for the occupation in the geographic area of intended employment
  • H1-B Visas for “Specialty Occupations”
      • Caps on H1-B visas
        • 65,000 (really 58,000)
        • 20,000 Master’s Degree Visa
      • LOTTERY
      • Government filing fees must be paid by employer--new filing fee is $2,320, most of which must be paid by the employer.
      • Maximum stay of 6 years
      • With possible one year/three year extensions with Filed Labor Certifications/Approved Immigrant Visa
  • H-1B Specialty Occupation
    • The standard processing time for an H-1B visa petition is 150 to 180 days.
    • Premium Processing is Available--$1,000
    • Persons on a valid H-1B visa already may begin employment with the new employer upon the filing of the new H-1B.
    • Self Employed H-1Bs
  • TN Professional Work Permit
    • Available only to citizens of Canada and Mexico
    • Temporary entry to engage in activities at a professional level
    • Initial entry of 1-3 years, no limit to extensions, except for “intent” issue
  • E-1 Treaty Trader
    • Treaty!
    • Apply at U.S. Embassy or Consulate (or INS for limited purposes)
    • 5 Year Visa
    • Initial 2-year stay
    • Unlimited 2-year stay extensions
    • Substantial trade between U.S. and home country
  • E-2 Treaty Investor
    • Treaty!
    • Apply at U.S. Embassy or Consulate or INS for limited purposes
    • 5 Year Visa Issuance
    • Initial 2-year stay
    • Unlimited 2-year extensions
    • Make substantial, irrevocable investment/
    • Not a “Marginal” investment--$$ in the Bank
  • E-1/E-2 Visas
    • Can be on foreign or U.S. payroll
    • Actual investor or an executive, supervisory, or essential skills employee of the actual investor
    • Actual investor can be a foreign company
  • L-1 Intracompany Transferee
    • USCIS Approves L-1 Visa Status
    • Canadian L-1 Applications can be made at Ports of Entry
    • Initial entry of 3 years, except 1 year for new offices
    • Extensions up to maximum 5-year stay for specialized knowledge and 7-year stay for managers or executives
  • L-1 Visa Eligibility
    • U.S. Company/Branch, must be Parent, Subsidiary or “Related” Company to U.S. Company/Branch
    • Prospective Transferee must have been employed by foreign related company for at least 6 months (blanket petition) or 1 year (non-blanket petition) out of the 3 years immediately preceding the transfer to the U.S.
  • L-1 Visa Eligibility
    • The prospective transferee must have worked abroad in an executive, managerial or specialized knowledge capacity
    • Primarily directs management of the company and establishes organizational goals and policies
    • Exercises wide latitude in discretionary decision-making
  • Other Temporary Working Visas
    • H-3 Trainee Visas
    • J-1 Exchange Visitors
    • O-1 Persons having extraordinary ability in sciences , arts, education, business , athletics or entertainment industry
    • Green Cards
      • Labor Certification
      • Employment-Based Immigrant Visas
      • Dual Intent
    • Adjustment of Status and Consular Processing
    • ... A Long Wait!
    • 675,000 total visas are now allocated to the family and employment based categories annually, only 140,000 are for employment based immigrants
    • Each country is allocated a maximum of 26,000 permanent visas annually
    • Immigrant visas are allocated quantitatively under “preference” categories
  • Visa Bulletin—How do They Do That?
    • http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
  • Employment-Based Preferences
    • First Preference
      • 40,000 visas annually
      • Priority workers
        • Aliens with extraordinary ability in the arts and sciences, business, education, or athletics
        • Outstanding professors and researchers
        • Multinational managers and executives
      • Labor Certification not required!
  • Employment-Based Preferences (cont.)
    • Second Preference
      • 40,000 visas annually
      • members of the professions holding advanced degrees or persons of “exceptional ability”
      • any U.S. degree or foreign equivalent degree above a bachelor’s degree
      • labor certification required!
  • Employment-Based Preferences (cont.)
    • Third Preference
      • 40,000 visas annually
      • Professionals with bachelor’s degree
      • Skilled workers with at least 2 years of training or experience
      • Unskilled workers (only 10,000 visas and 7 year backlog)
      • Labor Certification required
  • Labor Certification
    • U.S. Department of Labor verifies that there are no available, willing and qualified U.S. workers for the particular job
    • PERM
    • Complicated process
    • Advertising
  • Adjustment of Status
    • Immigrant petition approved by INS or Applied Concurrently
    • Priority date becomes current
    • Apply for permanent resident status
    • Available only to aliens who at all times have maintained a valid nonimmigrant status
    • 245(i)
    • 245(k)
  • Thank you! If we can be of help, please email or call: Charles H. Kuck [email_address] Marc R. Amos [email_address] 404-816-8611