This workshop will cover various U.S. visa options for tech professionals, entrepreneurs and investors, including employment-based visas and the best visa options for starting your own company. We will also discuss the different challenges to getting visas to the U.S. and strategies for successfully overcoming these obstacles. We will close with a discussion on what changes we can expect with the Biden administration. The speaker will go over: 1) Visas for exploring business and employment opportunities in the United States 2) Visas for employment and investment, such as the E, H-1B, L-1 and O-1 and the advantages and disadvantages of each 3) An overview of the paths to permanent residence, including employment, family and investment 4) Common obstacles to obtaining a visa and how to overcome these obstacles 5) What to expect from the Biden administration and what that means for you and your visa options

1. U.S. Visa Options
for International
Tech
Professionals,
Entrepreneurs &
Investors.
Idea to IPO
February 17, 2021

2. Overview
1. Working as an International Student
2. Temporary Employment-Based Visas
3. Avenues for Permanent Residence
4. Common Obstacles to Getting Your
Visa
5. COVID-19 Related Travel Restrictions
6. Q & A

3. Studying in the US (F-1)
▪ Status is for duration of study
▪ One year of work authorization
granted at conclusion of program -
OPT (must have completed at least
one year of studies at an accredited
university).
▪ STEM OPT extension of 24
months**

4. Current Restrictions for New
International Students
Challenge #1
processing, although
some are accepting
student visa
applications on an
“emergency basis.”
Challenge #2
Consulates are If the school you will
currently closed for visa attend will be all online
teaching in the fall, US
Consulate may not
grant you a visa.
Challenge #3
Are you traveling from
a restricted country?
New developments for
new students traveling
from Schengen Area,
UK and Ireland.

5. Temporary Employment-
Based Visas

6. H-1B Visas for
High-Skilled
Workers

7. Bachelor’s degree or
equivalent work
experience
Employer-employee
relationship
Higher of actual or
prevailing wage
Government Filing
Fees
Requirements

8. Wage Requirements
Prevailing Wage
▪ Average salary paid to all
similarly situated employees
(i.e. similar job duties,
experience, education, etc.) in
each geographic region as
determined by the
Department of Labor.
▪ DOL Salary Website
▪ Paid by the employer to US
workers
▪ In the same position
▪ At the same work site
▪ With similar experience and
qualifications
Required Wage:
Higher of the
Actual or
Prevailing
Actual Wage

9. Employer-Employee Relationship
USCIS gives specific examples of employment situations that are acceptable:
Traditional Employment
The following
scenarios are no
longer
acceptable:
û Self-
Employed
Beneficiaries
û Independent
Contractors
û Third-Party
Placement/
"Job-Shop"
Temporary/Occasional Off-Site Employment
Long-Term/Permanent Off-Site Employment

10. H-1B Filing Fees
Employer
Must Pay.

11. Base filing fee:
$460
Fraud Prevention
and Detection
fee:
▪ $500 to be submitted with
the initial H-1B petition
filed on behalf of each
beneficiary by a petitioner
(does not apply to
Chile/Singapore H-1B1
petitions)
American
Competitiveness
and Workforce
ImprovementAct
of 1998 fee *
▪ $750 for employers
with 1 to 25 full-time
equivalent employees,
unless exempt
▪ $1,500 for employers
with 26 or more full-time
equivalent employees,
unless exempt
Premium
Processing fee
(Optional):
▪ $2,500 for employers
seeking Premium
Processing Service
Requirements

12. H-1B Cap
H-1B Visa Lottery:
Last week
of March*
*Ranking of
registrations by salary
levels proposed.
Cap
▪ 65,000 (of which 6,800 are
allocated to nationals of
Singapore and Chile)
§ + 20,000 additional visas
allocated to holders of
advanced degrees from U.S.
universities
▪ The Biggest Filers
▪ All Universities are cap exempt
▪ Some research organizations are
cap-exempt
▪ Extension, amendment and
portability petitions are exempt
(have you been counted in the
past and want to recapture
remaining time available?)
Cap Exempt

13. How Much Can They Work?
▪ Can work full-time or part-time
▪ Can hold dual/concurrent H-1Bs with multiple
employers
▪ Work is tied to sponsoring employer
▪ Cannot work for someone else without authorization.

14. Duration ▪ Six-year maximum (granted in two three-
year increments)
▪ H-1B status can be extended past the six-
year maximum in certain situations.
Dependents ▪ Spouses and children under 21 may join H-
1B worker
▪ Cannot work**
▪ May study
Duration and Dependents

15. Current Restrictions on H-1B Workers
Presidential Proclamation suspends entry of new H-1B
workers and their dependents from abroad until March
31, 2021.
Exception: Your work is in the “national interest.”
▪ If you were in the US on June 24, 2020, you are not subject to this ban.
▪ US Consulates are not fully open for visa processing so may need to obtain
an emergency appointment.
▪ If your employer is a member of Chamber of Commerce, Intrax, Nat’l
Association of Manufacturers, National Retail Fed, or Technet, you also are
exempt from ban.

16. L-1 Visa
for Intra-
company
Transferees

17. Opening a new
office in the U.S.
that is an
affiliate,
subsidiary, or
branch of an
entity abroad.
Employees are
eligible for
transferring to
the U.S. entity
after working for
one year at the
entity abroad.
2
Coming to work
as an executive/
manager or
worker with
”specialized
knowledge.”
3
1

18. L Visa
Details
Filing Fee ▪ $460 Petition Fee
▪ $500 Anti-Fraud fee
▪ Optional $2,500 for premium processing
Duration ▪ 5 years max for L-1B specialized
knowledge workers
▪ 7 years max for L-1A for executives/
managers
Dependents
▪ Work authorization available
$960

19. Current Restrictions on L-1 Workers
Presidential Proclamation suspends entry of new L-1
workers and their dependents from abroad until
March 31, 2021.
Exception: Your work is in the “national interest.”
▪ If you were in the US on June 24, 2020, you are not subject to this ban.
▪ US Consulates are not fully open for visa processing so may need to obtain
an emergency appointment.
▪ If your employer is a member of Chamber of Commerce, Intrax, Nat’l
Association of Manufacturers, National Retail Fed, or Technet, you also are
exempt from ban.

20. J-1 Visa for Trainees/Interns

21. Internships are seen as employment so a visa is needed.
J-1 VISA FOR
TRAINEES/INTERNS
J-1 Visa Details
➔ Internship (12 months): must be enrolled in
university abroad or have graduated from
university abroad no more than twelve months
before starting internship
➔ Traineeship (18 months): must have graduate
degree from university abroad plus one year of
related professional experience or five years of
related work experience abroad.
▪ Must show ties to home country and intent to return home
▪ Increased use of on-site visits.

22. Current Restrictions on J-1 Workers
Presidential Proclamation suspends entry of new J-1
workers and their dependents from abroad until
March 31, 2021.
Exception: Your work is in the “national interest.”
▪ If you were in the US on June 24, 2020, you are not subject to this ban.
▪ US Consulates are not fully open for visa processing so may need to obtain
an emergency appointment.
▪ If your employer is a member of Chamber of Commerce, Intrax, Nat’l
Association of Manufacturers, National Retail Fed, or Technet, you also are
exempt from ban.

23. E Visa
for Treaty
Traders and
Investors

24. E Visa
Details
Must be a national of a treaty country (List of E
Countries)
The company must be at least 50% owned by
individuals/entities who/that are nationals of a
treaty country
[E-1] Trade must be significant with the U.S. (at least 50%)
[E-2] Investment must be substantial and for a real, operating enterprise
(not marginal and just for making enough money to live on).

25. E Visa
Details
Filing Fee $270 at the US Consulate per
applicant
Duration Indefinite in two-year
increments
Dependents
Work authorization available
$270

26. O-1 Visa For
Individuals of
Extraordinary
Ability

27. ▪ Sustained national or international acclaim in the sciences, arts, education,
business, or athletics.
▪ Coming to the United States to continue work in the area of extraordinary ability.
▪ Employer specific, but can hold dual O-1s
Duration 3 years at first, renewable in one-year increments
indefinitely
Dependents
O-3 status; no work authorization

28. Evidence that the beneficiary has received a major, internationally-recognized
award, such as a Nobel Prize, or evidence of at least (3) three of the following:
National or international awardsin
your field
Membership in associations that
require outstanding achievements
Published material about you or your
work
Important and original contributions
Scholarly articles Ahigh salary
Being askedto judge the work of
others in your field
Employment in acritical rolefor
established organizations
Evidentiary Criteria

29. Visasfor Specific Nationals

30. E-3 Visa for Australian Nationals
Duration 2-year validity; renewable
indefinitely
Dependents Spouses may apply for
employment authorization
▪ High-skilled Worker Visa for Australian citizens only
▪ 10,500 available per year
▪ Job offered must be for a “specialty occupation”
▪ Prevailing wage requirement applies.
▪ Controlling shareholder of a start-up – not the visa for you!
VISAS FOR SPECIFIC
NATIONALS

31. TN Category for Canadian &
Mexican Professionals
VISAS FOR SPECIFIC
NATIONALS
Duration Three year stay,
renewable indefinitely
Dependents
TD status; no work authorization
▪ Must be nationals of either Canada or Mexico
▪ Coming to U.S. to work in profession listed on NAFTA schedule
▪ No prevailing wage requirement
▪ Employer-specific (controlling shareholder issue returns)

32. Avenues for
Permanent Residence

33. Avenues for
Permanent Residence
Employment-Based
Family-Based
Diversity Visa Lottery
Asylum (One-year requirement unless exceptional circumstances)
Investment-Based ($1.8 Million GC)
**Can obtain citizenship five years after obtaining permanent residence; spouses of US
citizens can apply after three years of permanent residence.

34. Current Restrictions on Immigrant Visa
Processing
Since April 22, 2020, most immigrant visa
applications have been suspended until
March 31, 2021.
▪ Parents of U.S. citizens.
▪ Adult children of U.S. citizens.
▪ Spouses and children (regardless of age) of LPRs;
▪ Individuals selected in the annual green card lottery.
▪ All employment-based immigrant visas, except EB-5 investor visas.
▪ All other immigrant visas, unless specifically exempted.

35. Common Obstacles

36. Limitations
▪ Two-year home residency requirement for J-1s.
▪ Previous overstays of more than 180 days.
▪ Bad Memory:
Fingerprint checks can discover many things and then you could be
charged with wilful misrepresentation.
▪ Criminal Record:
If you have been arrested and/or convicted anywhere in the world, this
will affect processing times and visa eligibility. Also, speak with an
immigration attorney before pleading to any crime in the U.S.

37. COVID-19 and Travel
Restrictions
Brazil
China
Iran
European Schengan
Area
(Austria, Belgium, Czech
Republic, Denmark,
Estonia, Finland, France,
Germany, Greece,
Hungary, Iceland, Italy,
Latvia, Liechtenstein,
Lithuania, Luxembourg,
Malta, Netherlands,
Norway, Poland, Portugal,
Slovakia, Spain, Sweden,
Switzerland, Monaco,San
Marino, Vatican City)
United Kingdom
(England, Scotland,
Wales, Northern Ireland)
Republic of Ireland
South Africa
Currently there are 32 countries
from which travel to the US is
restricted.
With specific exceptions, foreign
nationals who have been in any of these
countries during the past 14 days may
not enter the United States.

38. Podcast series: Inside Immigration
12 Episodes.
Covering the different visa categories,
and interviews with government
officials, experts, and clients.
Subscribe on iTunes

39. Please stay in touch!
Specializing in Immigration Law since 2000.
510.422.2295
nadia@nadiayakooblaw.com
www.nadiayakooblaw.com
Nadia Yakoob