Immigration PresentationFall 2010

Planning Several Steps Planning Several Steps Ahead!(Immigration Status Ahead!(Immigration Status

After OPT)After OPT)

Arthur Serratelli, Esq.Vandeventer Black LLPaserratelli@vanblk.com

500 World Trade Center Norfolk, VA 23510 757.446.8600

www.facebook.com/www.facebook.com/immigration.artimmigration.art

Immigration Art Page: on Facebook Immigration Art Page: on Facebook “Like”“Like”

• What are the immigration rules?

• What should you say in a job interview about the rules?

• “We don't 'sponsor;' We only hire Americans and Green Card Holders.” REPLY?

• What about a lawyer?

OverviewOverview

1. Employment-based2. Marriage to U.S. Citizen

(Immediate)3. Diversity Lottery4. Family-based (Preference)

* ALSO: Asylum/Refugee

4 basic ways to obtain a green card

What are the rules?What are the rules?

1. Employment

Step 1 F-1 or J-1

Step 2 OPT or AT

Step 3 H-1B or other work visa

Step 4 Green card based on job

4 basic ways to obtain a green card

What are the rules?What are the rules?

Step 2

A word about OPTGood news!• Unpaid work is OK• Self-employment is OK

– 1099 contractor, business license

1. Employment1. Employment

Another word about OPT

• 12-month OPT can be extended 17 extra months for STEM students by an E-Verify employer

• Small percentage employers enrolled in E-Verify, but growing

– Federal contractors 9/8/09

• E-Verify: “voluntary” for employers– Online way to check work authorization

1. Employment1. Employment

1. Employment1. Employment

E-Verify database of companies

www.smartbusinesspractices.com

• Can’t confirm the accuracy, but at least a place to start

• Most recent list of E-Verify participating companies as self-reported

Step 3 Post-OPT job search optionsa. H-1B [6 yrs]Requirements• A job offer w/ a company with a

“proven track record,”• For a position that requires at

least a 4 yr college degree, and• You have the required degree

1. Employment1. Employment

1. Employment1. EmploymentStep 3 Post-OPT job search optionsa. H-1B Features• Subject to the 85,000 quota--lottery• H-1B quota exempt jobs

– Employed at U.S. institution of higher education, or related non-profit entity

– Employed at non-profit research organization or (federal) government research organization

1. Employment1. EmploymentStep 3 Post-OPT job search optionsb. E-1/E-2 [2yrs or 4 yrs or 5 yrs+]Requirements• Treaty between your country and

U.S.• U.S. company that hires you owned

by people or a company of your nationality

• White collar, skilled job

c. E-3 – “H-1B for Australians” [2 yrs+]

1. Employment1. EmploymentStep 3 Post-OPT job search optionsd. TN [3 yrs+]Requirements• From Canada or Mexico• Job-title specific – see list

1. Employment1. Employment

Step 3 Post-OPT job search optionse. L-1A/L-1B [7 yrs / 5 yrs]Requirements• Work overseas 1 full year,• Transfer to affiliated U.S. company or

branch office• L-1A: manager or executive• L-1B: specialized knowledge

– Inside info* Leads to green card shortcut – EB1 jackpot!

1. Employment1. Employment

Step 3 Post-OPT job search optionsEven more options• R-1 — religious worker [5 yrs]• G — international organizations

[vary]• O-1 — Extraordinary Ability [vary]• P-1— Athlete/Entertainer [vary]• A — ambassador / embassy [vary]• I — journalist visa [vary]

1. Employment1. EmploymentStep 4 Employment-based green cardsNo labor certification required [no

advertising]

• EB-1—intra-company transferee• Job offer required (L-1A; perhaps E-1 / E-2)

• EB-1—extraordinary ability• No job offer required

• EB-1—outstanding professor/researcher• Job offer required—permanent position• 3 yrs experience• Evidence (see glossy booklet)

1. Employment1. EmploymentStep 4 Employment-based green cardsNo labor certification required [no

advertising]

• EB-2—National Interest Waiver• Job offer and labor certification required,

unless in the national interest• Expertise significantly above ordinary

• EB-4—religious worker and “other”

1. Employment1. EmploymentStep 4 Employment-based green cardsLabor certification required [advertising]

• EB-2—Professors “Special Handling”• EB-2—Masters / “Exceptional

Ability”– Job offer and labor certification required

• (When national interest waiver unavailable)• Either Masters OR expertise above ordinary

• EB-3—professionals (Bachelors), skilled workers, and other workers

– Job offer and labor certification required

1. Employment1. Employment

Want more information?

Key internet resource— “glossy booklet”(Post-OPT Job Search Summary Booklet)

http://www.vanblk.com/documents/ImmigrationLawsforBusinessBooklet05.pdf

www.facebook.com/immigration.art

2. Marriage (immediate)Step 1 F-1 or J-1Step 2 Green card based on marriage to U.S. citizen

3. Diversity lotteryStep 1 F-1 or J-1Step 2 Green card based on diversity lottery

Features• 50,000 places each year for citizens of countries with

few immigrants to the U.S• If you are legal, apply through www.travel.state.gov

during eligibility period• Winners should act very carefully within one-year window

of eligibility

2nd & 3rd of 4 ways to get a green card

2. Marriage 3. DV 2. Marriage 3. DV Lottery Lottery

4th of 4 ways to obtain a green card

4. Family (Preference)4. Family (Preference)

4. Family-based (preference)Step 1 F-1 or J-1Step 2 Green card based on family member in U.S.

Categories• Unmarried sons and daughters (21+) of U.S.

citizens• Spouses, children, and unmarried sons and

daughters (21+) of LPRs• Married sons and daughters (21+) of U.S. citizens• Siblings of adult U.S. citizens

* NO GOOD—takes too long!

What should you say in an What should you say in an interview?interview?• Any mention of H-1B & Quotas?• Any mention of E-Verify?• Any mention of OPT?• Any mention of the green card?*HINT—On a first date, don’t ask for

marriage before the soup arrives

You must balance—• The need to mention immigration with• The need to focus on your resume and

unique job qualifications to get hired

What should you say in an What should you say in an interview?interview?

Slide of Shame

• It is a shame when U.S. employers ask an international student to explain U.S. immigration law!

• SHAME!

• Don’t waste time— you focus on getting hired; let your school or an immigration lawyer explain the law!

What should you say?What should you say?

Key internet resource—The Art Serratelli version of the “Janene Oettel Pamphlet”

http://www.vanblk.com/Resources/documents/ImmigrationGuideToHiringStudents11242008.pdf

www.facebook.com/immigration.art

Want more information?

““We Don't Sponsor”We Don't Sponsor” REPLY? REPLY?

“We don't sponsor H-1Bs or other work visas” “We Only Hire Americans or Green Card Holders”

Reply• “Any flexibility? 'Sponsoring' basically

means getting permission from immigration to put a foreign-born person on a USA payroll.”

• “Once you get permission, you can treat me just like an American or a Green Card worker!”

““We Don't Sponsor”We Don't Sponsor” REPLY? REPLY?

“We don't sponsor H-1Bs or other work visas” “We Only Hire Americans or Green Card Holders”

Other Employer Concerns• Paperwork to “sponsor” is complicated.–NO: Just 8 pieces of employer info

• Fees for USCIS and a lawyer are too expensive.–NO: Except for 1 fee that the

employer must pay, everything is negotiable

What about a lawyer?What about a lawyer?

4 tips to choosing an immigration lawyer (if you have to . . .) —

• 1. Lawyer must be a member of AILA• 2. Lawyer should only do immigration law• 3. Only pay a fixed legal fee• 4. Pick a lawyer via references

Actions

Status

Obtaining a green card via Obtaining a green card via employmentemployment

Maintain F-1 status

Enroll Graduate Apply for H-1B

Maintain H-1B status

Start EB green card

EB-2

EB-3

State

DOL

Fed

DOL

USCIS

visa

backlog

(0-7 yrs)

USCIS

(6 mos

to

2 yrs)

USCIS

(5 yrs)

File

I-140

File

I-485

Green

card

U.S.

Citizenship

Enrolled in school

F-1 status F-1 status Temporary work statusLPR status

LPR

pendingLPR

U.S.

CitizenshipOPT Work H-1B or other lawful work status

Questions?Questions?

Contact informationContact information

Arthur Serratelli, EsquirePartner & Chair, Immigration Law Group

Vandeventer Black LLP

757-446-8683 (direct dial)

757-446-8670 (fax)

aserratelli@vanblk.com

www.facebook.com/immigration.art