Fakhoury Law Group talks about H1-B and other options for international students looking for internships and jobs in the STEM fields in Michigan.

1. FAKHOURY LAW GROUP
© 2014, Fakhoury Law Group, PC
H-1B and Beyond

2. Agenda
________________________________________________________
• Disclaimer & Introduction to Fakhoury Law Group
• Overview of Immigration Categories
• F-1 Optional Practical Training (OPT)
• H-1B
• TN
• O-1
• Employment-Based Green Card Categories
© 2014, Fakhoury Law Group, PC

3. Disclaimer
_______________________________________________________
The materials contained in this PowerPoint do not
constitute direct legal advice and is for informational
purposes only. An attorney-client relationship is not
presumed or intended by receipt or review of this
presentation. The information provided should never
replace informed counsel when specific immigration-related
© 2014, Fakhoury Law Group, PC
guidance is needed.

4. About Fakhoury Law Group
_______________________________________________________
• Founded in 1997, global staff of over 60
© 2014, Fakhoury Law Group, PC
attorneys, paralegals and immigration
consultants.
• Premier- AV Rated Immigration law
Firm.
• Leaders in providing Global Immigration
Services for over 100 countries.
• Multi-national presence with offices and
partners across the globe
• ISO 9001-2008 certified
Lean
Processes
and
Technology
Exceptional
Legal
Expertise
Outstanding
Value Proposition

5. Overview of Immigration Categories
Non-Immigrant Visas Immigrant Visas
A, B, C, D, E-1, E-2, F, J,
G, H-1B, H-2B, I-1, K-1,
L-1, M, O-1, P, Q, TN, R,
T, U, V etc.
EB-1
• Extraordinary Ability
• Multinational Managers/Executives
• Outstanding Professors/Researchers,
EB-2
• Advanced Degreed Professionals
• National Interest Waiver
EB-3
• Professionals
• Skilled Workers
EB-4 (Certain Special Immigrants)
EB-5 (Employment Creation)
© 2014, Fakhoury Law Group, PC

6. Optional Introduction to Practical L-1 Visa Category
Training
________________________________________________________
• DSO must approve and update I-20
• Post completion OPT occurs after student completes
© 2013, Fakhoury Law Group, PC
© 2014, Fakhoury Law Group, PC
studies
• Limited to 12 months
• Employment must relate to degree earned
• Must apply for an EAD
• May be part-time or full-time employment
• Apply 90 days prior to completing program
• Job offer is not required
• Only 90 days of unemployment permitted

7. Introduction STEM Optional to L-1 Visa Category
Practical Training
________________________________________________________
• What does STEM stand for?
• Additional 17 month period of OPT
• DHS STEM designated degree program list –
www.ice/gov/sevis
• Employment must relate to degree earned
• Employer must be registered with E-Verify
• Must apply for a new EAD
• May work for up to 180 days while EAD pending
• May have up to 120 days of unemployment.
© 2013, Fakhoury Law Group, PC
© 2014, Fakhoury Law Group, PC

8. H-1B Category
_______________________________________________________
Eligibility
• Position must be a Specialty Occupation
• Specialty Occupation requires a Bachelor’s Degree (or
equivalent) or higher
• Foreign worker must possess a Bachelor’s Degree (or
equivalent) or higher in a field related to the position
Limitation
• 65,000 per fiscal year
• 20,000 for U.S. Master’s Degree Holders
© 2013, Fakhoury Law Group, PC
Introduction to L-1 Visa Category
© 2014, Fakhoury Law Group, PC

9. Introduction to L-1 Visa Category
_____________________________________________________________________
Duration
• Initial H-1B is granted for three (3) years
• Renewals granted for an additional three (3) year period
• Maximum period of six (6) years
• Exception: Approved Form I-140 or Form 9089 filed
more than 365 days prior
Dependents
• Spouse and children are eligible to apply for H-4 visa for
same duration as the H-1B holder
• H-4 holders may attend school, but may not work.
© 2014, Fakhoury Law Group, PC
© 2013, Fakhoury Law Group, PC
H-1B Category (continued)

10. H-1B Category (continued)
_______________________________________________________
Timing
• H-1B cap petitions filed on April 1st prior to fiscal year
• May begin work on October 1st of the fiscal year
• Fiscal year runs from October 1st to September 30th
• Exceptions: Cap-Exempt Employers and Cap-Exempt
Foreign Nationals
Costs
• $325.00; $500.00; $750.00 (or $1,500.00 if employ 26 or
more workers, $2,000.00 (applies if employ 50 or more
workers and half are H-1Bs or L-1s); $1,225.00
(optional premium processing fee)
© 2014, Fakhoury Law Group, PC

11. H-1B Cap Gap Relief
_______________________________________________________
v
© 2014, Fakhoury Global Immigration
Graduation
June 2014
OPT
starts
July 2014
File H-1B
April 1, 2015
OPT ends
July 2015
October 1
2015
(H-1B
starts)
If H-1B petition is selected in the H-1B lottery, the
cap gap period would apply in above example and
extend F-1 status and employment authorization for
the foreign national through September 30th.

12. O-1 Category
• Extraordinary ability in the sciences, arts, business, or
athletics.
• National or international acclaim by receipt of a major
internationally recognized award, or documenting at least
three (3) of the following:
• Receipt of nationally or internationally recognized awards
• Membership in an organization that requires outstanding achievement
• Published materials about the foreign national in a trade publications
• Evidence the foreign national has judged the work of others
• Original scientific or scholarly work of major significance
• Evidence of authorship of scholarly work or articles;
• Evidence of employment in a critical or essential capacity
• Evidence the foreign national has commanded a high salary
• Other
© 2014, Fakhoury Law Group, PC

13. TN Category
_______________________________________________________
TN Category (General)
• Created by the North American Free Trade Agreement
© 2014, Fakhoury Law Group, PC
(NAFTA)
• Allows Citizens of Canada and Mexico to work in the U.S.
• Only professions in NAFTA qualify (See Appendix 1603.D.1
Under NAFTA for list of professions)
• Employment may be full or part-time
• Applicant must meet the education requirement listed under
NAFTA for the profession

14. TN Category (continued)
_______________________________________________________
TN -1 (Canadian Citizens)
• No visa stamp is required
• May apply directly at a U.S. Port of Entry
• Application at U.S. Port of Entry is $56.00
• Must present evidence meet education and licensure requirements
(if applicable)
• Must present letter of employment
• Spouse and children issued TD status
• Given for a maximum period of three (3) years
• Will need to apply for TN visa if family members are non-
Canadian citizens
© 2014, Fakhoury Law Group, PC

15. TN Category (continued)
_______________________________________________________
TN -2 (Mexican Citizens)
• A TN visa stamp is required
• Must apply at U.S. Embassy or Consulate for TN visa stamp
• Must pay $160.00 application fee
• Must have interview at U.S. Embassy or Consulate
• Must present evidence meet education and licensure requirements
© 2014, Fakhoury Law Group, PC
(if applicable)
• Must present letter of employment
• Spouse and children may apply for TD Visas
• Given for a maximum period of three (3) years

16. Employment-Based Green Card Options
_______________________________________________________
EB-1
Alien of Extraordinary Ability
Outstanding Professor Researcher
EB-2
Advanced Degree Professional (PERM labor certification)
Advanced Degree Professional seeking National Interest
Waiver
EB-3
Professional (PERM labor certification)
Skilled Worker (PERM labor certification
© 2014, Fakhoury Law Group, PC

17. 3290 West Big Beaver Road, Suite 510, Troy, MI 48084
Phone: 248-643-4900 Fax: 248-643-4907
Rami@employmentimmigration.com
www.employmentimmigration.com
© 2013, © 2014, Fakhoury Fakhoury Global Law Immigration
Group, PC