Specialty Occupation Professional


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 Specialty Occupation Professional Visas.

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.

Learn more at www.onlinevisas.com or email information@velielaw.com.

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 Specialty Occupation Professional

  1. 1. H-1B Visas: A Webinar
  2. 2. Agenda Overview of the business visas Process Applicability Issues and strategies Case studies Similar visas and other options Adjustment to Permanent Residency
  3. 3. Our FirmVELIE 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. 4. H1-B Specialty Occupation ProfessionalELIGIBILITY:An international beneficiary who is offered a skilledspecialty occupation by a U.S. Employer whoqualifies as a professional worker may enter theU.S. temporarily to accept employment within his orher profession.
  5. 5. H1-B Specialty Occupation ProfessionalAPPLICABILITY: 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. 6. H1-B Visa Specialty Occupation ProfessionalCRITERIA: 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. 7. H1-B VisaSpecialty 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. 8. H1-B VisaSpecialty 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. 9. E-3 VisaSpecialty 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-yearperiod, the Australian citizen may reapply foranother E-3 visa. At present, there is no maximumnumber of times that an Australian citizen may renew his or her E-3 visa
  10. 10. PROCESSING TIME:Depending on the backlog at the USCIS Servicecenter which receives your petition, the petitionshould take between 120 and 180 days to process.Expedited processing of 15 calendar days isavailable for an additional fee for most temporatyvisas but not the E-3.
  12. 12. TN-1 Visa NAFTA WorkersELIGIBILITY:A Canadian or Mexican Citizen who seeks temporaryentry as a professional may be admitted to the UnitedStates under the provisions of Appendix 1603.D.1 ofChapter 16 of NAFTA on a TN visa. A complete list ofprofessionals can be found on Part 5 of this booklet .
  13. 13. TN-1 Visa NAFTA WorkersAPPLICABILITY:Similar applicability to the H-1b or E-3 except there isa list of qualifying jobs. Those that may haveapplicability are : Accountant, Computer SystemsAnalyst, Graphic Designer, Hotel Manager, Lawyer,Management Consultant.
  14. 14. TN-1 Visa NAFTA WorkersDURATION:Increments of one year - MaximumPROCESSING TIME:A TN Visa must be petitioned for at a U.S. Port ofEntry or Airport Inspector. The Canadian or MexicanCitizens must present all necessary documentationon site. Approval or denial is usually same day atsite where petition was made.
  15. 15. J-1 Visa Management TraineeCRITERIA: Sufficient funds Educational or Employment Background English speaking ability Intent to leave the U.S. at end of stay
  16. 16. J-1 Visa Management TraineeDURATION:18 months maximumCHANGE OF STATUS:Changes of Status to other non-immigrantcategories are not automatically granted. Theexchange visa holder must have a privately fundedJ-1 Visa to be eligible to change status without firstobtaining a waiver from the two-year foreignresidency requirement . The Aspen visaProgram was designed to permit changingstatus to other visas.
  17. 17. J-1 Visa Management TraineePROCESSING TIME:These visas are issued by J-1 companies who havecan generally do so in an average of 5 days.Consular processing can also take additional time,but most were able to obtain in approximately 1-2weeks.
  18. 18. Adjusting to Permanent Residence(Greencard)If a labor certification or permanentresidency visa is submitted more than 365days prior to expiration of the sixth year ofan H-1b, the H-1b can be extended in oneyear increments until Greencard isdetermined.
  19. 19. EB-3 Visa Degreed Professionals,Skilled Professionals & Other WorkersELIGIBILITY:Prospective immigrants who are members of theprofessions holding advanced degrees or theirequivalent, or who possess exceptional ability inthe sciences, arts, professions, or business, andwhose services are sought by an employer in theUnited States.
  20. 20. EB-3 Permanent Residency Visa Degreed Professionals, Skilled Professionals & Other WorkersCRITERIA: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. 21. EB-3 Permanent Residency VisaEB-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. 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 O www.OnLineVisas.com information@velielaw.com