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IMMIGRATION LAW
PRESENTATION
Dana R. BucinDana R. Bucin
AttorneyAttorney
Tel: (860) 548-2629
Email: dbucin@uks.com
*DISCLAIMER*
This presentation is not intended to provide, nor does it provide, any legal advice. By
viewing this presentation you understand and expressly agree that there is no attorney-
client relationship between you and the attorney who authored the presentation. Should
you need legal advice, please contact a licensed attorney who practices Immigration
Law. Readers of this presentation and the information contained herein should not act
upon any information contained on this presentation without seeking legal counsel.
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Introduction
General Immigration Categories
Business/ Employment
Family
Asylum/ Refugee Status
Diversity Visa Lottery
Other (VAWA, Cancellation of
Removal, NACARA, Cuban
Adjustment)
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Path to Citizenship
Non-Immigrant Visa
↓
Green Card (Permanent
Residence)
↓
Citizenship through Naturalization
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Government Agencies
Department of Homeland Security
(DHS)
US Citizenship and Immigration Services
(USCIS a/k/a former INS)
Customs and Border Patrol (CBP)
Immigration and Customs Enforcement
(ICE)
Department of State (DOS)
Department of Labor (DOL)
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Basic Immigration Documents
Passport issued by home country
Visa from a U.S. Consulate (DOS)
I-94 arrival/departure form
(CBP/USCIS)
Employment Authorization Document
(USCIS)
Notice to Appear in Deportation
Proceedings (ICE)
Green Card (USCIS)
Certificate of Naturalization (USCIS)
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Non-Immigrant Business/
Employment Visas
L Intra-company
Transferees
E Treaty/ Traders
TN Canada/Mexico
O-1 Extraordinary
Ability
P-1 Athletes
B-1 Visitor Visa
Visa Waiver Program
F-1 Student
Visa/OPT
J-1 Exchange Visitor
H-1B Professionals
H-2B Temporary
H-3 Trainee
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B-1 Business Visitor Visa
good for short-term visits (meetings, sales
calls, selling up company)
limited time and limited activities
cannot actually “work” in the U.S.
must remain on foreign payroll
must possess temporary (non-immigrant)
intent
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Visa Waiver Program
90 day limit for stay
only available to nationals of certain low fraud
countries
no visa required but harsh treatment for
violators
same limitations as B-1 Visa
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F-1 Student Visa
for the length of the academic program + 60
days grace period
Optional Practical Training for one year (EAD
required) available pre- or post- graduation
Work/ Study Curricular Practical Training
longer work permit for STEM students
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J-1 Exchange Visitor Visa
for professors, scholars, students, trainees, au
pairs, foreign physicians, camp counselors,
summer work/travel, government visitors, etc
need sponsoring organization
may be subject to 2 year foreign residency
requirement
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H-1B Visa
Bachelor’s degree (or higher) in the
occupational area is required
More procedures and record keeping
Prevailing wage and LCA requirements
Certain notice and attestation requirements
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H-1B Visa (cont’d)
H-1B cap of 65,000 per fiscal year + 20,000 for
advanced degrees
Maximum period of stay is 6 years – extensions
may be available
H-1B1 – Singaporean and Chilean nationals
only – per Treaties (annual cap never reached)
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H-2B Visa (Temporary Workers)
Can be skilled or unskilled
Must prove no available U.S. workers to DOL
Annual cap of 65,000 met early
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L Intra-company Transferees
Managers and Executives (L-1A)
Managing function, component or department
Must have worked at least 1 year for company
abroad in M/E capacity within last 3 years
Must be coming to U.S. in M/E capacity
Maximum stay 7 years, but fairly easy to obtain
green card (if applying within first 2 years)
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L Intra-company Transferees
Employees with Specialized Knowledge (L-1B)
Specific knowledge of product and application in
international markets or advanced level of knowledge
of processes and procedures
Must have worked for company abroad at least 1 year
within last 3 years
Maximum stay is 5 years; more difficult to get green
card because requires labor certification
Spouses eligible for EAD
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E Treaty/ Traders Visa
Requires treaty between U.S. and foreign
country of which majority owners of foreign
company are nationals
Requires substantial and active
trade/investment between U.S. and foreign
company
Foreign national transfer must be same
nationality as treaty country
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E Treaty/ Traders Visa
Employee performing supervisory or executive
duties OR employee serving in a minor capacity
who has skills which are “essential to the
successful operation of the enterprise”
Two-year stay in U.S., however, new two-year
period every time leave U.S. (for validity of visa)
E-3 Treaty Visas for Australian nationals –
similar to H-1B, with an annual cap of 10,500
(never reached)
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TN Visa
For Mexican and Canadian professionals
Occupation must be on the NAFTA list
Three year stay, but can be extended
No cap
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O-1 Visa
High standard – individual must be of the small
percentage who have risen to the very top of
his/her field
Must obtain Advisory Opinion from peer group
Can change from J-1 to O-1 w/o waiver of
foreign residence requirement (but must pursue
consular processing)
Initial period of stay is 3 years + extension
available in one-year increments (indefinitely)
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Immigrant (Permanent) Visa
Also called the “Green Card”
Priorities and Preferences
Labor Certification Process (PERM) applies only
to certain preferences
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Employment Immigrant Preferences
1. Persons of Extraordinary Ability, Outstanding
Professors and Researchers, Multinational
Executives and Managers
2. Members of the Professions Holding Advanced
Degrees or Persons of Exceptional Ability
3. Skilled Workers, Professionals and Other
Workers
4. Certain Special Immigrants: religious
workers, NATO employees, etc
5. Employment Creators: investors
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Family Immigration Preferences
1. Unmarried Sons and Daughters of Citizens
2. Spouses and Children, Unmarried Sons and
Daughters of Permanent Residents
A. Spouses and Children
B. Unmarried Sons and Daughters (21 years
of age or older)
3. Married Sons and Daughters of Citizens
4. Brothers and Sisters of Adult Citizens
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Family Immigration
Visa Bulletin
4-9 years current processing times
Immigrant Visa Processing – how it works
K1 Fiance vs. K3 Spouse Visa
Who can bring parents? Siblings?
Naturalization – why it is highly
recommended
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Immigration Planning
Position and job description
Anticipated length of time for the position
Does employee intend to permanently remain
in the U.S. or return to home country?
Spouse and children work permits and other
opportunities in the U.S. (i.e. studying)
Early planning because of caps and delays
Complex immigration system - use competent
immigration counsel
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Outbound Immigration
Meritas Law Firms WorldWide
With offices in 60+ countries throughout Asia,
Africa, Australia and New Zealand, Canada,
Europe, Latin America and the Caribbean, and
the United States
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The EndThe End
Thank YouThank You
Hartford
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P.O. Box 231277
Hartford, CT 06123
Tel. 860-548-2629
New Haven
One Century Tower
265 Church Street
New Haven, CT 06510
Tel. 860-548-2629
Middletown
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Middletown, CT 06457
Tel. 860-548-2629
