H 1 b and Beyond for International Students by Fakhoury Law Group
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Fakhoury Law Group talks about H1-B and other options for international students looking for internships and jobs in the STEM fields in Michigan.
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H 1 b and Beyond for International Students by Fakhoury Law Group
- 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