Tahmina Watson: Navigating the Immigration Maze in Retaining Talent in a Global Era - Seattle Interactive 2015

SEATTLE INTERACTIVE CONFERENCE
NOVEMBER 3RD, 2015
Navigating the Immigration Maze
in Retaining Talent in a Global Era
by, Tahmina Watson
Tahmina Watson
Attorney
Watson Immigration Law
tahmina@watsonimmigrationlaw.com
206-292-5237/206-856-3808

Tahmina Watson
Tahmina Watson is founder and managing partner at Watson Immigration Law, a
Seattle law firm specializing in US immigration. Prior to starting her own law
firm, Tahmina was a barrister in London and immigrated to the US herself in
2005. She oversees the complex process of filing paperwork with the USCIS
and shepherding foreign nationals through temporary and permanent immigrant
visas, naturalization and much more.. She is passionate about US immigration
reform. She is the author of “The Startup Visa: Key to Job Growth and
Economic Prosperity in America”. Tahmina is a frequent speaker, author, and
blogger on immigration law matters, regularly quoted and published in local and
national media, including CNN, the Guardian etc. She is the host of a weekly
radio talk show called “Immigration Matters” on Desi 1250AM. You can read
more about her at her website Watson Immigration Law.
Mrs. Tahmina Watson is founder and managing partner at Watson
Immigration Law, a Seattle law firm specializing in US immigration. Prior to
starting her own law firm, Tahmina was a barrister in London, U.K. and
immigrated to the US herself in 2005. She oversees the complex process of
filing paperwork with the USCIS and shepherding foreign nationals through
temporary and permanent immigrant visas, naturalization and much more..
She is passionate about US immigration reform. She is the author of “The
Startup Visa: Key to Job Growth and Economic Prosperity in America”.
Tahmina is a frequent speaker, author, and blogger on immigration law
matters, regularly quoted and published in local and national media,
including CNN, the Guardian etc. She is the host of a weekly radio talk show
called “Immigration Matters” on Desi 1250AM. You can read more about her
at her website Watson Immigration Law.
Copyright@WatsonImmigrationLaw Twitter@TahminaWatson Tahmina@WatsonImmigrationLaw.Com

Topics of Discussion
 First -the Talent Problem
1. For employers:
1. One of the fastest growing Cities in America
2. STEM worker shortage
3. Not just tech industry- other industries suffering too
(PSBJ Oct. 14, 2015 article).
4. Going outside, city-state and country to find talent!

Topics of Discussion
 Immigration options we will discuss:
1. What we don’t have. (Startup Visa)
2. What we may have soon (Exec.
Action)
3. What we do have (Employment-
based visas).

Lack of a Startup Visa
Startup/Entrepreneur Visa
1. We don’t have one!
2. Watch this this video- Geeks on a Plane!
3. Read my Startup Visa Book- “The Startup Visa: Key to
Job Growth & Economic Prosperity in America”
( Amazon/Barnes&Noble)

Immigration Executive Action
Highlight for founders!
Entrepreneurial Parole – for startup founders
• Researcher, inventor, founder of startup
• parole- not visa
• must provide evidence of financial ability to maintain him/herself in
the US
• Rules still being discussed- imminent announcement!
• guidance on National Interest Waiver for entrepreneurs to get a
green card.

Employment-Based Visas
L1A- Multinational Transfer of Manager or
Executive
E2 Treaty Trader/Investor Visa
H1b- Specialty Occupation
TN Visa & H-3 Visa

L1-A Visa
• Visa to work in the US as Manager or Executive
• Must have established business outside the US
• Can be for owners or managers or executives
• US and foreign business can be affiliate, subsidiary or parent- generally same or
similar ownership.
• Initial visa for 1 year and can be extended in 2 year increments with a total of 7 years.
• Applicant must have worked at foreign office for at least 1 year in last 3 years
Application process:
• Must have business ready to operate in the US including business incorporations,
office space, business licenses, business plan- essentially business must be
operational.
• Must include job description, evidence of managerial/executive position
•Application in the US, once approved – file sent to embassy for interview.

E-1 and E-2 Treaty Trader and Treaty Investor
• Essentially an investment visa.
•Visa to work in the US
• Applicant must be from a treaty country
• Must come to direct and operate business
• Initial visa for 1 year and can be extended in 2 year increments for as long as business operational
•No minimum investment requirement but investment must be ‘substantial’. Rule of thumb $100K
Application process:
• Must have business ready to operate in the US including business incorporations, office space,
business licenses, business plan- essentially business must be operational.
• Must include job description, evidence of managerial/executive position
•Lawful source of funds.
•Application filed directly at the embassy. Can file change of status in the US but not recommended.

H1b Visa:
•Most common work visa
•October 1st is the start date for new visas.
•Must have Bachelor’s degree.
•Employer must apply.
•Employer must pay prevailing wage.
• “Port’ to a new company at any time.
•6 years maximum time limit.
Self-employed H1b for Startup Founders:
•Can be self-employed, BUT challenging.
•Must demonstrate employer-employee
relationship.
•All basic requirements of an H1b must be met.
Global EIR Program- for founders (Brand new!)
H1b – Specialty Occupation
Copyright@WatsonImmigrationLaw Twitter@TahminaWatson tahmina@WatsonImmigrationLaw.Com

Other great visa options!
TN- Treaty Nafta Visa- Canada/Mexico (can be self-
employed!)
H-3/J-1 – Training Visa (Use this more plz!)
O visa- Extraordinary Ability
B-1 Visa- Business Visa

EB-5 Visa
General EB-5 Program Overview
Investment visa that will create local jobs and provide permanent residency for
investor.
2 amounts of investment:
1. $500,000 in a targeted employment area (TEA)- in other words, ‘poor area’
that has high unemployment or is a rural area of less than 20,000 people.
2. $1 million investment – no geographical limitation.
2 general types of EB5
1. Direct – investing in a business you own/manage
2. Indirect- in someone else’s business, generally referred to as a regional
center.

Immigrants in America- Fun Facts!
America has long history of immigrant contributions
• Jamestown settlement- John Rolfe
• Chinese immigrants built train tracks
• Scottish-born Andrew Carnegie came to America with his parents in 1848.
• Proctor & Gamble was founded in 1837. Today, the Cincinnati-based household products
company has 120,000 employees worldwide.
• In 2013, Levi Strauss & Co., reported net income of $229 million, with 16,000 employees
and 2,800 company-operated stores worldwide.
• Bose was founded in 1964 and is today listed by Forbes as the nation’s 167th largest private
company with over 10,000 employees and $2.67 billion in sales.
• Between 1977 and 2005, all net jobs created in the U.S. were by startup firms.
• Nearly half of the top 50 venture-backed companies in America in 2011 had at least one
foreign-born founder.
• Immigrant founders from top venture-backed firms have created an average of 150 jobs per
company in the United States.

Immigrants in Washington
• WA Immigrant population rose from 6.6% in 1990 to 10.4% in 2000 to 13.5% in
2013 according to the U.S. Census Bureau. Washington was home to 943,664
immigrants in 2013 which is more than the total population of Jacksonville, Florida.
• Immigrants contributed $1.5 billion in tax revenue to the Washington state
economy in 2007accounting for 13.2% of all taxes paid in the state, according to a
2009 study by OneAmerica.
• Immigrants paid $1.9 billion in federal taxes and $1.1 billion in state/local taxes
in 2013, according to the Partnership for a New American Economy. In particular,
foreign-born Latinos paid $706 million in federal taxes and $524 million in
state/local taxes.
• Foreign students also contribute to innovation in Washington. In 2009, “non-
resident aliens” comprised 22.7% of master’s degrees and 28.5% of doctorate
degrees in science, technology, engineering, and mathematics (STEM) fields,
according to the Partnership for a New American Economy.

Immigration Reform
•Both legal and illegal immigration issues need reform.
• Senate Comprehensive Immigration Reform bill passed in 2013 but did not pass
House.
• GOP wants to pass piecemeal bills but no action taken.
• Unlikely to see anything happen until next general election
•Call your senator/congressman! Make your vote count!
•If you are a green card holder, become a citizen so you can vote in the next
presidential election- your voice is important!

Immigrants in Washington
Follow us:
Blog: Watsonimmigration.wordpress.com
Twitter: @tahminawatson
Like us on Facebook
Website: www.watsonimmigrationlaw.com
Email: tahmina@watsonimmigrationlaw.com
206-292-5237 (office)

Tahmina Watson
Attorney
206-292-Tahmina Watson
Attorney
206-292-5237/206-856-3808
5237/206-856-3808
Tahmina Watson
Attorney
206-292-5237/206-856-3808
on
Tahmina Watson
Attorney
206-292-5237/206-856-3808
Thanks for
attending!

Tahmina Watson: Navigating the Immigration Maze in Retaining Talent in a Global Era - Seattle Interactive 2015

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Tahmina Watson: Navigating the Immigration Maze in Retaining Talent in a Global Era - Seattle Interactive 2015