Carl Shusterman Immigration Attorney

Los Angeles, CA

Basic Qualifications• Possession of University Degree

• Job Requires University Degree

• Prevailing Wage

• Dual Intent

Limitations• Annual Numerical Caps - 65K and 20K

• 6,800 H-1B’s for Citizens of Singapore and Chile

• Exemptions from Cap

• Maximum Duration – 6 years

• Exemptions from Maximum Duration

• No work permits for H-4 Spouses and Kids

General Qualifications of a Treaty Trader• Be a national of a country with which the U.S maintains a treaty of commerce

and navigation

• Carry on substantial trade

• Carry on principal trade between the U.S and the treaty country which qualified the treaty trader for E-1 classification.

General Qualifications of the Employee of a Treaty Trader• Be the same nationality of the principal alien employer (who must have the

nationality of the treaty country)

• Meet the definition of “employee” under the relevant law

• Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

General Qualifications • Be a national of a country with which the U.S maintains a treaty of

commerce and navigation• Invest a substantial amount of capital in a bona fide enterprise in the

U.S• Show at least 50% ownership of the enterprise or possession of

operational control through a managerial position or other corporate device.

General Qualifications of the Employee of a Treaty Investor• Be the same nationality of the principal alien employer (who must have

the nationality of the treaty country)• Meet the definition of “employee” under relevant law• Either be engaging in duties of an executive or supervisory character, or

if employed in a lesser capacity, have special qualifications.

General Qualifications• The investor must invest $1 million in a new commercial

enterprise

• If the enterprise is located in either a rural or a high-employment area, the amount of funds which needs to be invested is reduced to $500,000

• Create 10 jobs for U.S. workers.

• Investors must start their own commercial enterprise or invest in one of 300 approved regional centers.

Employment-Based Provisions in the Bill• Would Change Focus of Legal Immigration system

• Less Green Cards for Family Members

• Would End Visa Lottery

• More Green Cards for Those with Needed Skills

• Start-Up Act

Temporary Working Visas• Registered Provisional Immigrants

• Large Increase in H-1B Visas

• Work Visas for Semi-Skilled Workers

Employment-Based Green Cards• Recapture of Lost Green Cards

• Cap-Exempt Categories

• Merit-Based System

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