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Immigration Presentation
- 1. 1 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.
- 2. 2 Introduction General Immigration Categories Business/ Employment Family Asylum/ Refugee Status Diversity Visa Lottery Other (VAWA, Cancellation of Removal, NACARA, Cuban Adjustment)
- 3. 3 General Principles of ImmigrationLaw Visa Duration Temporary (Nonimmigrant) Permanent (Immigrant)
- 4. 4 Path to Citizenship Non-Immigrant Visa ↓ Green Card (Permanent Residence) ↓ Citizenship through Naturalization
- 5. 5 Government Agencies Departmentof 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)
- 6. 6 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)
- 7. 7 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
- 8. 8 B-1 Business VisitorVisa 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
- 9. 9 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
- 10. 10 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
- 11. 11 J-1 Exchange VisitorVisa 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
- 12. 12 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
- 13. 13 H-1B Visa (cont’d) H-1Bcap 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)
- 14. 14 H-2B Visa (TemporaryWorkers) Can be skilled or unskilled Must prove no available U.S. workers to DOL Annual cap of 65,000 met early
- 15. 15 L Intra-company Transferees Managersand 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)
- 16. 16 L Intra-company Transferees Employeeswith 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
- 17. 17 E Treaty/ TradersVisa 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
- 18. 18 E Treaty/ TradersVisa 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)
- 19. 19 TN Visa For Mexicanand Canadian professionals Occupation must be on the NAFTA list Three year stay, but can be extended No cap
- 20. 20 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)
- 21. 21 Immigrant (Permanent) Visa Alsocalled the “Green Card” Priorities and Preferences Labor Certification Process (PERM) applies only to certain preferences
- 22. 22 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
- 23. 23 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
- 24. 24 Family Immigration VisaBulletin 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
- 25. 25 Immigration Planning Positionand 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
- 26. 26 Outbound Immigration MeritasLaw 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
- 27. 27 The EndThe End ThankYouThank You Hartford 100 Pearl Street 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 203 Main Street 300 Middlesex Plaza Middletown, CT 06457 Tel. 860-548-2629