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Immigration and Business strategies for
Chinese companies and individuals to invest,
      live and do business in America
Agenda


   Opportunity in America
   3 Situations and Strategies
   Options for family
Our Firm
VELIE LAW FIRM- WHO ARE WE?
 Intro by Jon Velie
 Winner of the American Bar Association
  Louis M. Brown Legal Access to Justice
  Award
 Labeled innovator in the legal industry by
  ABA
 Briefed 3 cases to the US Supreme Court
 Referenced in NY Times, Time Magazine,
  USA Today, Washington Post, BBC, Le
  Monde and featured on 60 Minutes II.
 Gold Medalist for Best Law Firm in hometown
  of Norman, Oklahoma
H1-B
                 Specialty Occupation
                          Professional
ELIGIBILITY:

An international beneficiary who is offered a skilled
specialty occupation by a U.S. Employer who
qualifies as a professional worker may enter the
U.S. temporarily to accept employment within his or
her profession.
H1-B
                 Specialty Occupation
                          Professional
APPLICABILITY:

 Professional positions.
 Managers, accountants, lawyers, IT workers,
marketing personnel or similar positions.
 In plain language this is typically for college
grads in jobs that require degrees.
 Exception for those with work that equals degree
equivalency
H1-B Visa
                 Specialty Occupation
                          Professional
CRITERIA:

   U.S. Company is offering employment
   Minimum Prevailing Wage for county and state at
    site of employment – Determined by DOL
   "Specialty Occupation”
   Labor Condition Application
   Must be professionally qualified
   A four-year Degree or equivalent
   Special category for Chileans
   Similar E-3 is available for Australians
H1-B Visa
Specialty Occupation Professional
  DURATION:

   Three years, with the same employer in substantially the
  same professional occupation as long as the underlying
  business on which the visa is based remains a viable trading
  entity.
  The visa can be renewed for 3 more years.

  Can extend beyond 6 years if Labor Cert or I-140 for
  Permanent Residency is filed 365 days prior to expiration of
  sixth year.
H1-B Visa
Specialty Occupation Professional
  Issues:

   Subject to numerical cap of 65,000 per year for regular H-1b
  and 20,000 Master Degree from US universities
   October 1st is the start of the fiscal year for counting against
  cap.
  Can apply six months prior to start of fiscal year or April 1 st.

  Chile and Singapore are not subject to H-1b cap under treaty.

   Australia, Canada and Mexico have different but similar
  visas for professionals
  Fashion models use H-1b visas.
E-3 Visa
Specialty Occupation Professional
   E-3 is a treaty created version of the H-1b for professional Australians.

E-3 is not subject to the same numerical          limitation of visas per year.

Spouses of E-3 can obtain work authorization.


 An E-3 visa is granted for up to two years. At the end of each two-year
period, the Australian citizen may reapply for
another E-3 visa. At present, there is no maximum
number of times that an Australian citizen may renew
 his or her E-3 visa
PROCESSING TIME:


Depending on the backlog at the USCIS Service
center which receives your petition, the petition
should take between 120 and 180 days to process.
Expedited processing of 15 calendar days is
available for an additional fee for most temporaty
visas but not the E-3.
OTHER SIMILAR VISAS
TN-1 Visa
                               NAFTA Workers

ELIGIBILITY:

A Canadian or Mexican Citizen who seeks temporary
entry as a professional may be admitted to the United
States under the provisions of Appendix 1603.D.1 of
Chapter 16 of NAFTA on a TN visa. A complete list of
professionals can be found on Part 5 of this booklet .
TN-1 Visa
                                NAFTA Workers

APPLICABILITY:

Similar applicability to the H-1b or E-3 except there is
a list of qualifying jobs. Those that may have
applicability are : Accountant, Computer Systems
Analyst, Graphic Designer, Hotel Manager, Lawyer,
Management Consultant.
TN-1 Visa
                              NAFTA Workers
DURATION:
Increments of one year - Maximum

PROCESSING TIME:

A TN Visa must be petitioned for at a U.S. Port of
Entry or Airport Inspector. The Canadian or Mexican
Citizens must present all necessary documentation
on site. Approval or denial is usually same day at
site where petition was made.
J-1 Visa
                          Management Trainee

CRITERIA:

   Sufficient funds

   Educational or Employment Background

   English speaking ability

   Intent to leave the U.S. at end of stay
J-1 Visa
                       Management Trainee
DURATION:
18 months maximum

CHANGE OF STATUS:
Changes of Status to other non-immigrant
categories are not automatically granted. The
exchange visa holder must have a privately funded
J-1 Visa to be eligible to change status without first
obtaining a waiver from the two-year foreign
residency requirement . The Aspen visa
Program was designed to permit changing
status to other visas.
J-1 Visa
                    Management Trainee

PROCESSING TIME:

These visas are issued by J-1 companies who have
can generally do so in an average of 5 days.
Consular processing can also take additional time,
but most were able to obtain in approximately 1-2
weeks.
Adjusting to Permanent Residence
(Greencard)

If a labor certification or permanent
residency visa is submitted more than 365
days prior to expiration of the sixth year of
an H-1b, the H-1b can be extended in one
year increments until Greencard is
determined.
EB-3 Visa
               Degreed Professionals,
Skilled Professionals & Other Workers

ELIGIBILITY:

Prospective immigrants who are members of the
professions holding advanced degrees or their
equivalent, or who possess exceptional ability in
the sciences, arts, professions, or business, and
whose services are sought by an employer in the
United States.
EB-3 Permanent Residency Visa
                    Degreed Professionals,
     Skilled Professionals & Other Workers
CRITERIA:

1.   Labor Certification required

           No qualified American worker is available
            to fill the job; and

           The prospective immigrant shall be paid
            at a minimum the prevailing wage for the
            industry as set by the DOL of the State
            where the services are to be rendered.
EB-3 Permanent Residency Visa


EB-3 visas are suffering lengthy delays. USCIS Officials
     are currently processing cases with priority dates
     in 2004. Priority date is the date the labor
     certification was filed with DOL.
Velie Law Firm’s OnLineVisa.com Business
                                      Model
     VLF invests in you first!
        We get know you & the case
        Develop strategy with you before you invest
     Flat fee - no hidden surprises
        An immigration budget that works
     Accessible to you even after business hours at no
      additional fee
     Obtain better & quicker results:
        Proprietary process
        Work to develop effect expert analysis
        OnLineVisas Vault permits sharing of docs between attorney
         and client
     Call for your FREE STRATEGY today!
     CONTACT INFO:
      405-310-4333
      www.OnLineVisas.com
      information@velielaw.com
Immigration and Business strategies for Chinese companies and individuals to invest, live and do business in America.

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Immigration and Business strategies for Chinese companies and individuals to invest, live and do business in America.

  • 1. Immigration and Business strategies for Chinese companies and individuals to invest, live and do business in America
  • 2. Agenda  Opportunity in America  3 Situations and Strategies  Options for family
  • 3. Our Firm VELIE LAW FIRM- WHO ARE WE?  Intro by Jon Velie  Winner of the American Bar Association Louis M. Brown Legal Access to Justice Award  Labeled innovator in the legal industry by ABA  Briefed 3 cases to the US Supreme Court  Referenced in NY Times, Time Magazine, USA Today, Washington Post, BBC, Le Monde and featured on 60 Minutes II.  Gold Medalist for Best Law Firm in hometown of Norman, Oklahoma
  • 4. H1-B Specialty Occupation Professional ELIGIBILITY: An international beneficiary who is offered a skilled specialty occupation by a U.S. Employer who qualifies as a professional worker may enter the U.S. temporarily to accept employment within his or her profession.
  • 5. H1-B Specialty Occupation Professional APPLICABILITY:  Professional positions.  Managers, accountants, lawyers, IT workers, marketing personnel or similar positions.  In plain language this is typically for college grads in jobs that require degrees.  Exception for those with work that equals degree equivalency
  • 6. H1-B Visa Specialty Occupation Professional CRITERIA:  U.S. Company is offering employment  Minimum Prevailing Wage for county and state at site of employment – Determined by DOL  "Specialty Occupation”  Labor Condition Application  Must be professionally qualified  A four-year Degree or equivalent  Special category for Chileans  Similar E-3 is available for Australians
  • 7. H1-B Visa Specialty Occupation Professional DURATION:  Three years, with the same employer in substantially the same professional occupation as long as the underlying business on which the visa is based remains a viable trading entity. The visa can be renewed for 3 more years. Can extend beyond 6 years if Labor Cert or I-140 for Permanent Residency is filed 365 days prior to expiration of sixth year.
  • 8. H1-B Visa Specialty Occupation Professional Issues:  Subject to numerical cap of 65,000 per year for regular H-1b and 20,000 Master Degree from US universities  October 1st is the start of the fiscal year for counting against cap. Can apply six months prior to start of fiscal year or April 1 st. Chile and Singapore are not subject to H-1b cap under treaty.  Australia, Canada and Mexico have different but similar visas for professionals Fashion models use H-1b visas.
  • 9. E-3 Visa Specialty Occupation Professional  E-3 is a treaty created version of the H-1b for professional Australians. E-3 is not subject to the same numerical limitation of visas per year. Spouses of E-3 can obtain work authorization.  An E-3 visa is granted for up to two years. At the end of each two-year period, the Australian citizen may reapply for another E-3 visa. At present, there is no maximum number of times that an Australian citizen may renew his or her E-3 visa
  • 10. PROCESSING TIME: Depending on the backlog at the USCIS Service center which receives your petition, the petition should take between 120 and 180 days to process. Expedited processing of 15 calendar days is available for an additional fee for most temporaty visas but not the E-3.
  • 12. TN-1 Visa NAFTA Workers ELIGIBILITY: A Canadian or Mexican Citizen who seeks temporary entry as a professional may be admitted to the United States under the provisions of Appendix 1603.D.1 of Chapter 16 of NAFTA on a TN visa. A complete list of professionals can be found on Part 5 of this booklet .
  • 13. TN-1 Visa NAFTA Workers APPLICABILITY: Similar applicability to the H-1b or E-3 except there is a list of qualifying jobs. Those that may have applicability are : Accountant, Computer Systems Analyst, Graphic Designer, Hotel Manager, Lawyer, Management Consultant.
  • 14. TN-1 Visa NAFTA Workers DURATION: Increments of one year - Maximum PROCESSING TIME: A TN Visa must be petitioned for at a U.S. Port of Entry or Airport Inspector. The Canadian or Mexican Citizens must present all necessary documentation on site. Approval or denial is usually same day at site where petition was made.
  • 15. J-1 Visa Management Trainee CRITERIA:  Sufficient funds  Educational or Employment Background  English speaking ability  Intent to leave the U.S. at end of stay
  • 16. J-1 Visa Management Trainee DURATION: 18 months maximum CHANGE OF STATUS: Changes of Status to other non-immigrant categories are not automatically granted. The exchange visa holder must have a privately funded J-1 Visa to be eligible to change status without first obtaining a waiver from the two-year foreign residency requirement . The Aspen visa Program was designed to permit changing status to other visas.
  • 17. J-1 Visa Management Trainee PROCESSING TIME: These visas are issued by J-1 companies who have can generally do so in an average of 5 days. Consular processing can also take additional time, but most were able to obtain in approximately 1-2 weeks.
  • 18. Adjusting to Permanent Residence (Greencard) If a labor certification or permanent residency visa is submitted more than 365 days prior to expiration of the sixth year of an H-1b, the H-1b can be extended in one year increments until Greencard is determined.
  • 19. EB-3 Visa Degreed Professionals, Skilled Professionals & Other Workers ELIGIBILITY: Prospective immigrants who are members of the professions holding advanced degrees or their equivalent, or who possess exceptional ability in the sciences, arts, professions, or business, and whose services are sought by an employer in the United States.
  • 20. EB-3 Permanent Residency Visa Degreed Professionals, Skilled Professionals & Other Workers CRITERIA: 1. Labor Certification required  No qualified American worker is available to fill the job; and  The prospective immigrant shall be paid at a minimum the prevailing wage for the industry as set by the DOL of the State where the services are to be rendered.
  • 21. EB-3 Permanent Residency Visa EB-3 visas are suffering lengthy delays. USCIS Officials are currently processing cases with priority dates in 2004. Priority date is the date the labor certification was filed with DOL.
  • 22. Velie Law Firm’s OnLineVisa.com Business Model  VLF invests in you first!  We get know you & the case  Develop strategy with you before you invest  Flat fee - no hidden surprises  An immigration budget that works  Accessible to you even after business hours at no additional fee  Obtain better & quicker results:  Proprietary process  Work to develop effect expert analysis  OnLineVisas Vault permits sharing of docs between attorney and client  Call for your FREE STRATEGY today!  CONTACT INFO: 405-310-4333 www.OnLineVisas.com information@velielaw.com