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Global Cleveland: Immigration Basics For Employers

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This presentation outlines the basic of hiring international talent in Cleveland. Given February 3, 2014 by David Leopold as a part of Global Cleveland's Hiring International Talent series. Learn more: http://globalcleveland.org/for-employers/resources-hiring-int/howto

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Global Cleveland: Immigration Basics For Employers

  1. 1. Global Cleveland: Immigration Basics For Employers
  2. 2. Nonimmigrant (Temporary) Visas  Optional Practical Training for Foreign Students  Temporary employment related to an area of study  Pre-completion (CPT)     After 1 academic year Related to area of study Part time while school in session Full time during breaks
  3. 3. Optional Practical Training  Post Completion (OPT)    DSO endorses I-20 Student files I-765 Student works after approval of I-765
  4. 4. Optional Practical Training   Certain students can receive 17 month extension of post completion OPT F-1 Students who   Receive STEM degrees included on STEM designated Degree Program List Employed by E-verify enrolled users
  5. 5. H-1B  Specialty Occupation      Theoretical and practical application of body of highly specialized knowledge Engineers, Researchers, Accountants, Computer Techs, other professional positions 3 year periods of stay 6 year maximum stay (with 2 exceptions) 85,000 annual cap
  6. 6. TN Visas for Canadian/Mexican Professionals   TN—North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the United States (U.S.), Canada and Mexico. Citizens of Canada and Mexico work in the U.S. in a prearranged business activity for a U.S. or foreign employer. 216.696.4676 www.immvisa.com
  7. 7. TN Classification    Occupation must be listed in NAFTA’s Appendix 1603.D.1 Duration: 3 year increments, no limitation on renewals Spouses and children (TD status) are not granted work authorization 216.696.4676 www.immvisa.com
  8. 8. L Intracompany Transferees    Persons who, within the three preceding years, have been employed abroad continuously for one year Will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. Managerial, executive, or specialized knowledge capacity. 216.696.4676 www.immvisa.com
  9. 9. O-1 Persons of Extraordinary Ability  Persons with extraordinary ability or achievement in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.
  10. 10. E1/E2 Treaty Trader/Investors    A national of a country with which the US maintains a treaty of commerce and navigation who is Carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or Develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital 216.696.4676 www.immvisa.com
  11. 11. Employment-Based Immigrant Visas  Generally the applicant must have an employer sponsor and be the beneficiary of an approved Application for Alien Labor Certification before being eligible to be the beneficiary of an employment-based immigrant visa petition. 216.696.4676 www.immvisa.com
  12. 12. (EB1) First Preference Priority Workers   There are three sub-groups within this category: (EB11) Persons with extraordinary ability in the sciences, arts, education, business, or athletics   As shown by extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. No employer/labor certification necessary 216.696.4676 www.immvisa.com
  13. 13. (EB1) First Preference Priority Workers  (EB12) Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.  Tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer 216.696.4676 www.immvisa.com
  14. 14. (EB1) First Preference  (EB13) Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. 216.696.4676 www.immvisa.com
  15. 15. (EB 2) Advanced Degrees and Exceptional Ability    Generally requires a labor certification by the Department of Labor. A job offer/Labor Certification is required Applicants may apply for exemption from job offer and labor certification requirement if in the national interest. 216.696.4676 www.immvisa.com
  16. 16. (EB3) Third Preference: SkilledUnskilled Workers, Professionals  Requires labor certification. 3 subgroups:    Skilled workers--minimum of 2 years training or work experience that are not temporary or seasonal. Professionals--jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree. Unskilled workers (Other workers) jobs that require less than two years training or experience that are not temporary or seasonal. 216.696.4676 www.immvisa.com
  17. 17. EB 5 Employment Creation (Investor Visas)     (EB5) Investor/Employment Creation must invest $1,000,000; or $500,000 in targeted employment area. Creates at least 10 new full-time jobs for U.S. workers. 216.696.4676 www.immvisa.com
  18. 18. What To Expect From Immigration Reform   Major sticking point is legalization/path to earned citizenship. Both sides agree on:     Border Security Electronic Employment Verification Visa system overhaul Temporary worker program 216.696.4676 www.immvisa.com
  19. 19. Electronic Employment Verification   E-Verify Beefed up enforcement against employers who hire unauthorized workers 216.696.4676 www.immvisa.com
  20. 20. Visa Overhaul    Increase in H-1B annual cap Increase in Employment-Based visas Emphasis on STEM Graduates/Professionals    Graduates of US universities Investors Temporary Worker Program 216.696.4676 www.immvisa.com

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