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Immigration Roundtable
US Petitions: H1Bs and L1s

December 7, 2012

Troy

New York

San Francisco

Mumbai
© 2012, Fakhour...
US Immigration Overview: H1B
H1-B Visa (Highly skilled worker in a specialty occupation)
Eligibility & Conditions
For fore...
Historic Timelines of H1B Cap
Year

Date Cap Reached

FY 2013 (10/01/2012 to 09/30/2013)

June 11, 2012

FY 2012 (10/01/20...
Recent Legal Updates for H1Bs

• U.S. Customs and Border Protection (CBP) planning to eliminate the issuance
of I-94 cards...
Overview of F-1 Optional Practical Training
F-1 Optional Practical Training (OPT)
Eligibility & Conditions

For aliens who...
Overview of F-1 STEM OPT
F-1 STEM (Science, Technology, Engineering, Mathematics) OPT
Eligibility and Conditions

For F-1 ...
US Immigration Overview: L1s
L1 Visa (Intracompany Transfer)
Eligibility & Conditions

Foreign and US employers must be
pa...
Trends L1 Denials
L-1 Denial Rates: FY 2003 to FY 2011
L-1A Denial L-IB Denial
Fiscal Year
Rates
Rates
2003
12%
9%
2004
13...
L1As – Managerial: Definition & Trends
Definition
“Managerial Capacity” means an assignment in an organization in which th...
L1Bs – Specialized Knowledge: Definition
& Trends
Definition

Trends in RFEs for L1Bs

Troy

New York

San Francisco

Mumb...
Overview of Key Publications
Chamber Letter Key Points

Troy

New York

San Francisco

Mumbai
© 2012, Fakhoury Global Immi...
Overview of Proposed Legislation

Troy

New York

San Francisco

Mumbai
© 2012, Fakhoury Global Immigration
Fakhoury Global Immigration
3290 West Big Beaver Road
Suite 510
Troy, MI 48084
248-643-4900
matt@employmentimmigration.com...
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H1 bs and l1s

  1. 1. Immigration Roundtable US Petitions: H1Bs and L1s December 7, 2012 Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  2. 2. US Immigration Overview: H1B H1-B Visa (Highly skilled worker in a specialty occupation) Eligibility & Conditions For foreign workers in specialty occupations Foreign worker must possess a bachelors degree or higher in the specific field that is relevant to job • 65,000 H1-B petitions for professionals • 20,000 H1-B petitions for masters degree holders • H1B Cap cases can begin to be filed on April 1st of each year; • Assignees can begin working in October Accompanying Dependents Dependents are eligible for H-4 visas for the same duration as H1-B. H4 holders can attend school but not work. Duration & Renewals Initial H1-B is granted for 3 years; renewals granted for an additional 3 years. Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  3. 3. Historic Timelines of H1B Cap Year Date Cap Reached FY 2013 (10/01/2012 to 09/30/2013) June 11, 2012 FY 2012 (10/01/2011 to 09/30/2012) November 22, 2011 FY 2011 (10/01/2010 to 09/30/2011) January 26, 2011 FY 2010 (10/01/2009 to 10/01/2010) December 21, 2009 Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  4. 4. Recent Legal Updates for H1Bs • U.S. Customs and Border Protection (CBP) planning to eliminate the issuance of I-94 cards • U.S. Department of Labor (DOL) to issue a new Labor Condition Application • House Rule 3012 Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  5. 5. Overview of F-1 Optional Practical Training F-1 Optional Practical Training (OPT) Eligibility & Conditions For aliens who have or about to complete academic studies at a U.S. college or university. Issued after the completion of course requirements for bachelor’s, master’s, or doctoral degree programs, and allows alien to work in the U.S. • 12 month limitation • May only request 90 days before end of academic year • DSO has to make recommendation • OPT employment has to be in a field related to the degree • Alien has to apply for employment authorization with USCIS • May not begin employment until EAD card is issued • Alien has 60 days after OPT employment authorization expires to depart the U.S. Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  6. 6. Overview of F-1 STEM OPT F-1 STEM (Science, Technology, Engineering, Mathematics) OPT Eligibility and Conditions For F-1 students who are about to exhaust their 12 months of OPT employment authorization. Allows F-1 student to obtain an additional 17 months of OPT employment • Alien’s degree must be in a STEM • Alien files a new Form I-765 with field. (See Immigration and Customs USCIS. Enforcements (ICE) web site at • Alien may work while the Form I-765 http://www.ice.gov/sevis/stemlist.ht application is pending with USCIS m for a complete list of STEM fields • Employer must register in E-Verify (An Internet based system that allows businesses to determine the eligibility of their employees to work in the U.S.) Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  7. 7. US Immigration Overview: L1s L1 Visa (Intracompany Transfer) Eligibility & Conditions Foreign and US employers must be part of the same “qualifying organization” Must have worked for overseas entity for at least 1 year in last 3 years. L1A: Managerial or executive capacity L1B: Specialized knowledge Most of the time, the assignee must be paid by US entity (some exceptions exist) Blanket L1 petitions are available for multi-national entities that meet certain conditions Accompanying Dependents Dependents are eligible for L2 status which does allow for work and schooling in the US Duration & Renewals Maximum period granted cannot exceed 3 years. Extensions up to a total of 7 years for L1A; 5 years for L1B Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  8. 8. Trends L1 Denials L-1 Denial Rates: FY 2003 to FY 2011 L-1A Denial L-IB Denial Fiscal Year Rates Rates 2003 12% 9% 2004 13% 10% 2005 11% 6% 2006 9% 6% 2007 8% 7% 2008 9% 22% 2009 15% 26% 2010 13% 22% 2011 14% 27% Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  9. 9. L1As – Managerial: Definition & Trends Definition “Managerial Capacity” means an assignment in an organization in which the employee primarily: 1. Manages the organization, or a department, subdivision, function, or component. 3. Has authority to hire or fire personnel, or recommend other personnel actions, or functions at senior level with respect to function managed. 2. Supervises or controls work of professionals, managerial employees, etc., or supervises a function, department, or subdivision of the organization. 4. Exercised discretion over the day-to-day operations of the activity or function for which the employee has authority. • USCIS focusing on long alien has been employed with the employer • USCIS reviews personnel above and below the alien in the proposed position and the position abroad • USCIS focuses on whether prior or proposed employment meets the definition of managerial capacity • Qualifying relationship of the employer (Issue for smaller companies) Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  10. 10. L1Bs – Specialized Knowledge: Definition & Trends Definition Trends in RFEs for L1Bs Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  11. 11. Overview of Key Publications Chamber Letter Key Points Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  12. 12. Overview of Proposed Legislation Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration
  13. 13. Fakhoury Global Immigration 3290 West Big Beaver Road Suite 510 Troy, MI 48084 248-643-4900 matt@employmentimmigration.com rami@employmentimmigration.com carmen@employmentimmigration.com www.employmentimmigration.com Troy New York San Francisco Mumbai © 2012, Fakhoury Global Immigration

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