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Life after F-1 (10-2-2014)
- 2. Non-Immigrant Visas ◦H-1B,H-1B1, E-3, TN, O, P Immigrant Visas ◦EB-1, EB-2, EB-3, EB-5
- 3. H-1B forspecialty occupations: ◦ “an occupation that requires theoretical and practical application of a body of specialized knowledge, and attainment of a bachelor's degree or higher degree (or its equivalent) in the specific specialty” The job duties for the position you are offered must require at least a bachelor's degree in a specific field The job must be offered at the required wage
- 4. Places tostart: ◦ Occupational Outlook Handbook website http://www.bls.gov/ooh
- 5. ◦ O*NET ResourceCenter http://www.onetcenter.org
- 6. OOH andO*Net Online job listings www.monster.com www.careerbuilder.com www.indeed.com Letters from experts in the industry
- 7. H-1B positionmust be offered at the required wage Required wage is the higher of the prevailing wage or the actual wage The actual wage is what other similarly situated employees are being paid
- 8. The prevailingwage rate is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment
- 9. Occupational EmploymentStatistics (OES) website ◦ http://flcdatacenter.com/OesWizardStart.asp Submit a prevailing wage request ◦ https://icert.doleta.gov Conduct an independent wage survey
- 14. Level 1Wage: $28.32 hour/$58,906 year ◦ Bachelor’s degree and up to 1 yr experience Level 2 Wage: $33.43 hour/$69,534 year ◦ Bachelor's degree and 2 yrs, or Master’s degree Level 3 Wage: $38.53 hour/$80,142 year ◦ Bachelor’s and 3 yrs or Master’s degree and 2 yrs Level 4 Wage: $43.64 hour/$90,771 year ◦ Bachelor’s and 5 years, or Masters and +2 yrs *Please note, these qualifications are in general
- 15. Employers wantto know as soon as possible ◦ At the interview Your added value The importance of internships
- 16. ◦ Filing fees(as applicable) I-129 Fee ACWIA Fee Fraud Prevention and Detection Fee P.L. 111-230 Fee Premium Processing Fee ◦ Legal fees
- 17. Start datedetails: H-1B lottery (April 1, October 1) In order to be employed in H-1B status, you must have both an approved petition for that particular job and valid H-1B status You may not begin working until both of these have been approved, unless you have another status that permits employment
- 18. This isan employer-driven petition so the employer requests the exact dates of H-1B status in the USCIS petition Maximum of six years in H-1B status You may extend after six years if certain applications have been timely filed
- 20. A newH-1B petition must be received by USCIS before you quit your job
- 21. No officialgrace period
- 22. Strategies ◦Part-time H-1B employment ◦ Concurrent H-1B petitions ◦ Return to school
- 23. O-1: Forpersons of extraordinary ability E-3: For nationals of Australia performing services in a specialty occupation H-1B1: For nationals of Chile and Singapore performing services in a specialty occupation L-1: For employees of a multinational company temporarily transferred to the US P: For performing artists and athletes
- 24. TN (NAFTATreaty): For professional employees from Canada and Mexico, similar to H-1B ◦ No prevailing wage requirement; NAFTA Agreement sets forth the job requirements ◦ Application procedure is much faster than an H-1B ◦ Occupations covered are restricted to those allowed under NAFTA, an extensive lists which includes: Accountant Dentist Economist Teacher Engineer For the full list, see the NAFTA Agreement, Appendix 1603.D.1, available at www.nafta-sec-alena.org
- 25. Employment-based preferencecategories ◦ EB-1: Extraordinary ability, outstanding professors/researcher, or multinational executives/manager ◦ EB-2: Jobs requiring an advanced degree, exceptional ability foreign nationals, or national interest waiver ◦ EB-3: Jobs requiring a bachelor's degree ◦ EB-5: “Investor visa”
- 26. Alien Labor Certification Priority Date Issues: EB-2 or EB-3? September 2014 Visa Bulletin Employment - Based www.travel.state.gov All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES 1st C C C C C 2nd C 08OCT09 01MAY09 C C 3rd 01APR11 01NOV08 08NOV03 01APR11 01APR11 Other 01APR11 22JUL05 08NOV03 01APR11 01APR11 Workers 4th C C C C C Certain Religious C C C C C Workers 5th Targeted Employment Areas/ Regional Centers and Pilot Programs C C C C C
- 27. Employer-driven process http://www.foreignlaborcert.doleta.gov/perm.cfm Involves two components: ◦ Recruitment for the position at the prevailing wage ◦ Submission of application to the US Department of Labor Once the application is certified, your employer files an I-140 with USCIS on your behalf
- 28. Extraordinary Ability National Interest Waiver Outstanding Researcher EB-5
- 29. You oryour employer must demonstrate that you are one of that “very small percentage” who has sustained “national or international acclaim” and that you have “risen to the very top of your field of endeavor.”
- 30. Nobel Prize,Olympic Medal or three of the following: 1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence 2. Membership in associations in your field which demand outstanding achievement of their members 3. Published material about you in professional or major trade publications or other major media 4. Judge of the work of others, either individually or on a panel
- 31. 5. Original scientific,scholarly, artistic, athletic, or business-related contributions of major significance to the field 6. Authorship of scholarly articles in professional or major trade publications or other major media 7. Work has been displayed at artistic exhibitions or showcases 8. Performance in a leading or critical role in distinguished organizations 9. High salary or significantly high remuneration in relation to others in the field 10. Commercial successes in the performing arts
- 32. Employer filesfor you To qualify, professors or researchers must document that they: 1. Have at least 3 years of experience in teaching and/or research, and 2. Have an offer of a tenured or tenure-track teaching position or permanent research position, and 3. Are recognized internationally as outstanding in a specific academic area by providing documentary evidence of at least two of:
- 33. Receipt ofmajor prizes or awards for outstanding achievement Membership in associations that require their members to demonstrate outstanding achievement Published material in professional publications written by others about your work in the academic field Judge of the work of others in the same or similar academic field Original scientific or scholarly research contributions in the field Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
- 34. Demonstrate thatyour ability to work in the U.S. is in the national interest by showing your work is national in scope and has intrinsic merit Advanced degree or exceptional ability in the field Meet at least three of the following criteria:
- 35. ◦ Recognition foryour achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations ◦ Letters documenting at least 10 years of full-time experience in your occupation ◦ A license to practice your profession or certification for your profession or occupation ◦ Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability ◦ Membership in professional association(s) ◦ Judge of the work of others Other comparable evidence of eligibility is also acceptable
- 36. Invest $1,000,000and create 10 full-time jobs for qualifying US workers *OR* Invest $500,000 in a “Targeted Employment Area” (high unemployment or rural area) and create10 full-time jobs for qualifying US workers
- 37. Use theexcellent resources available to you at your International Student & Scholar Services Office Maintain valid non-immigrant status, avoid any unlawful presence Avoid any arrests or convictions Plan ahead!
- 38. How tofind a lawyer? ◦ www.avvo.com ◦ American Immigration Lawyers Association (AILA): www.aila.org ◦ Local bar association (http://toledobar.org) ◦ Referrals ◦ “Selecting an Immigration Lawyer” at www.scottimmigration.com
- 39. What percentageof your work is dedicated solely to the practice of immigration law? Do you focus on certain areas of immigration law? Will you do the work yourself, or will my case will be allocated to another attorney or paralegal? If the work is allocated, with whom will I have contact? Can I meet that person? Are you active in various organizations concentrating in immigration law?
- 40. Do youattend immigration conferences? Have you spoken at conferences, authored articles on immigration, etc.? Do you bill flat fee or hourly? If hourly, can you give me a written estimate of the fees? If hourly, will you notify me if the fees will go over your estimate? Do you give refunds if you are not successful? Do you have fee arrangements?
- 41. Wage andjob information ◦ OOH: http://www.bls.gov/ooh ◦ O*NET: http://www.onetcenter.org ◦ OES: http://flcdatacenter.com/OesWizardStart.asp ◦ Prevailing wage request: https://icert.doleta.gov ◦ www.monster.com ◦ www.careerbuilder.com ◦ www.indeed.com Information on alien labor certification (PERM): ◦ http://www.foreignlaborcert.doleta.gov/perm.cfm NAFTA list: www.nafta-sec-alena.org Local Bar Association: http://toledobar.org Visa Bulletin: www.travel.state.gov Sevis email assistance: sevistechnicalfeedback@ice.dhs.gov
- 42. Thank you foryour time today. This presentation is also available on our website: www.scottimmigration.com