The ABCs of Business Immigration in the Global

Economy

Murali Bashyam, Esq.

www.bashyamspiro.com

From The Beginning…

Evaluating Candidates

Is the applicant authorized to work in U.S. for any employer?If yes, visa sponsorship not requiredIf no, does applicant require sponsorship?If applicant requires sponsorship, what are the options?

Overview of Immigration

Nonimmigrant Visas (H1B, TN, L1, etc.)

Immigrant Visas (“Green Cards”)

Immigrant Visas

EB1 – Managers/Executives; Outstanding Researchers; Extraordinary AbilityEB2 – Advanced Degree or Exceptional Ability (NIW)EB3 – Professionals or Skilled Workers

EB2/EB3 Process

Three Step Process

PERM Labor CertificationI-140I-485/Consular Processing

Visa Bulletin/Retrogression

Nonimmigrant Business Visas

H1B – Professional WorkersL1 – Intracompany TransfersTN – NAFTA (Canada, Mexico)E – Treaty Trader/InvestorO1 – Extraordinary AbilityH3 – TraineeJ – Exchange ProgramB1 – Business Visitor

H1B Professional Work Visa

Used by companies to sponsor

professional workers in a ‘specialty occupation’

Requirements for H1B Visa

Job requires the minimum of Bachelor’s degree or equivalent

Potential hire has Bachelor’s degree or equivalent in field related to job

Examples: Engineers, Information Technology Professionals, Researchers, Scientists, Market Researchers etc.

Process of Obtaining H1B

Formal Job OfferAssess Prevailing WageLabor Condition ApplicationInternal PostingFiling I-129 Petition with USCISProcessing Times

Limitations on H1B

Capped at 65,000 Per Fiscal Year

20,000 Additional for U.S. Advanced Degree

Fiscal Year = October 1 to September 30

Exempt from H1B Cap

Non-profit and Governmental Research OrganizationsInstitutions of higher education – ie. Colleges and UniversitiesOrganizations affiliated with Colleges and UniversitiesPeople currently holding H1B status if not working for exempt organizationCertain people who have previously held H1B status

Rolling With The Punches!

Regular H1B Numbers Exhausted In One Day!

What Other Options Do You Have?

L1 – Intracompany Transfers

Classification L1A – Managers/Executives

L1B – Specialized Knowledge Personnel

U.S. and Foreign Company – Parent, Subsidiary, Affiliate, Joint Venture

One Year Foreign Employment Requirement

TN NAFTA Visa

Canada and MexicoMust Be One of Listed NAFTA ProfessionsValid for 1 Year - Renewable

E Visa – Treaty Traders/Investors

Classifications:InvestorManagers/ExecutiveEssential Skills

Qualifying Treaty ExistsApplicant is from country that has

qualifying TreatyDon’t Forget E-3s from Australia!

O Visa – Extraordinary Ability

Field Must Be Sciences, Arts, Business, Education or AthleticsStandards High But Not InsurmountableCorresponding Permanent Residence Category

B1 Business Visitor Visa

Used for Temporary Business VisitsExamples: Conferences, Meetings, etc.B1 in Lieu of H1 and H3Cannot Work!

H-3 Trainees & J1 Exchange Programs

H3: Employer may sponsor directlyJ1: Must participate in pre-approved J1 program

Temporary programs – candidate must return home to use training

Hot Topics

Comprehensive Immigration Reform/SKIL BillEmployer ComplianceVisa Bulletin FiascoOutsourcing – Do it!

THANK YOU

Bashyam & Spiro, LLPTel: 919-833-0840

www.bashyamspiro.comwww.immigrationcounsel.com