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Immigration

Immigration. Life After F-1 and J-1 Visas. Alvillar Law, PC 85 NE Loop 410; Suite 560 San Antonio, Texas 78216 (210) 525-0888 francisco@al-pc.com. Presentation Overview. : Part I: Nonimmigrant visas Part II: Immigrant visas. A Diplomats B Visitors (bus/pleasure) C Transit

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Immigration

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  1. Immigration Life After F-1 and J-1 Visas Alvillar Law, PC 85 NE Loop 410; Suite 560 San Antonio, Texas 78216 (210) 525-0888 francisco@al-pc.com

  2. Presentation Overview • : • Part I: Nonimmigrant visas • Part II: Immigrant visas

  3. A Diplomats B Visitors (bus/pleasure) C Transit D Crewman E Treaty trader/investors F Academic students G International Organization H Temporary workers I Journalists/Media J Exchange visitors K Fiancés/fiancées of US citizens L Intracompany transferees M Vocational students N Parents or children of special immigrants O Persons of extraordinary ability P Athletes or entertainers Q International cultural exchange visitors R Religious workers S Federal witnesses (sneaky snitches) T Trafficking of persons victims TN NAFTA professionals (Mexico and Canada) U Certain crime victims V Certain spouses/children waiting for green cards Nonimmigrant Visa Categories

  4. H-1B Visa • Employer sponsored for up to 6 years in a “specialty occupation” • 3 Requirements: • Job must require a Bachelor’s degree or higher in specific field • Beneficiary must have at least the relevant Bachelor’s degree or equivalent • Employer must pay the prevailing wage

  5. Procedure • File Labor Condition Application (LCA) -- Employer must pay prevailing wage; no adverse work conditions for US workers • File H-1B petition (Form I-129) • Overall processing time frame: • 3-4 months normally • Premium processing possibility: 2 weeks

  6. Advantages of H-1B: • Duration: • 6 year maximum • 1 year stay outside U.S. refreshes 6 years • additional H extensions if green card started by end of 5th year • Time to work toward green card • No advertising or test of the U.S. labor market • H-1B portability when change employers

  7. Disadvantages of H-1B: • Tied to one employer • Not flexible like F-1 OPT • Paperwork, cost and delay • October 1st start date + cap race • Fees: $6000 filing fee & legal fee

  8. What is the H-1B “cap”? • 65,000 per fiscal year • Of 65,000, 6,800 carved out for Chile and Singapore • Separate 20,000 for graduates with U.S. master’s degree or higher • The order has changed in which individuals are counted against the cap.

  9. 20,000 U.S. Master’s Exemption • Defining receipt of degree “complete requirements for degree” • Accredited U.S. institutions • All advanced degrees included • Master’s cases considered under both caps

  10. H-1B Cap Exemptions • College/university employees • Related or affiliated nonprofit entities • Nonprofit research organizations • Government research organizations • Prior cap H-1B holders

  11. OPT Timeline & Cap Gap Extension 60-day grace period Apply 2/27/18 Program end date 5/27/18 7/26/18 Apply for H 4/1/2019 EAD expires 7/23/2019 You choose your OPT start date Example: 7/24/18 10/1/2019 12 months OPT plus cap gap extension Apply up to 120 days before your chosen start date -- 90 days before program end date and up to 60 days after.

  12. Other NIVs • F/J: back to school options • E-1/E-2: treaty traders/investors • L-1: move out of U.S. for a year L-2: derivative spouses with work authorization • TN: Trade NAFTA (Mexican and Canadian Citizens)

  13. Other NIVs continued • E-1/E-2: treatytraders/investors • Carry on substantial trade (E-1) • Start/buy a company (E-2) • Spouse may obtain work permit • Must be a treaty country, but no limit • L-1: multinational transferee • 12 months foreign employment during last 3 year • No country restrictions/time limitations • Executive, manager, specialized knowledge • Lower cost, green card, harsh adjudications

  14. TN Visa • Mexican/ Canadian citizens • Unlimited extensions • Strict NIV • Up to 3 years in job in listed occupation • Bachelor’s degree/license in that field • Common TN Occupations: • Accountant • Architect • College/university professor • Computer systems analyst • Engineer • Management Consultant

  15. Questions?

  16. How Can I Become a US Permanent Resident? • Family-based • Employment-based

  17. Family Relationship Basis • Immediate Relatives – children, spouses, or parents of US citizens (no limit per year, no wait) • Unmarried sons & daughters of US citizens (23,400 visas per year) • Spouses/minor children & unmarried sons and daughters of US permanent residents (114,200 visas per year) • Married sons and daughters of US citizens (23,400 visas per year) • Brothers and sisters of US citizens (65,000 visas per year) • US citizen son or daughter sponsor must be age 21 or over

  18. Ways to Get a Family Based Green Card Adjustment of Status AOS (USCIS) Establish Family Relationship Immigrant Visa Petition (USCIS) Consular Processing Overseas (DOS)

  19. Employment Basis Priority Workers (EB-1) 40,000 visas per year Extraordinary ability (self-sponsor) Outstanding professors & researchers (tenure-track position) Business executives & managers (no labor certification required) Advanced degree holders (EB-2) 40,000 visas per year Professionals with advanced degrees or exceptional ability in sciences, arts & business (labor certification required) National Interest Waiver of labor certification requirement Skilled & unskilled workers (EB-3) 40,000 visas per year Skilled workers in short supply Professionals with bachelor’s degree Unskilled workers in short supply (all require labor certification) Special Immigrants (EB-4) 10,000 visas per year Religious workers; certain US govt. employees; Panama Canal employees; plus certain dependent juveniles Investors (EB-5) 10,000 visas per year Must invest between $500,000 and $1 million Must create at least 10 full-time jobs

  20. Most Common Way to Get an Employment-Based Green Card (for EB-2, EB-3) Adjustment of Status AOS (USCIS) PERM (Program Electronic Review Management) (DOL) I-140 Immigrant Visa Petition (USCIS) Consular Processing Overseas (DOS)

  21. Green Card Processing Backlogs • “Priority date” is “current” • EB-3 category and India and China in EB-2 category: • It could take five years or longer to get an immigrant visa, even if you start today! • See our website for more information • Contact Congress about visa delay

  22. Quota Delay: Wait for Priority Date to File Adjustment of Status

  23. Parting Thoughts • Realistic assessment is important • Planning ahead is key • Get to know employers soon • Think of alternative and creative employment options

  24. Need help with immigration matters? • How to choose an immigration attorney • Interested in an immigration consultation? • Contact: Alvillar Law, PC 85 NE Loop 410; Suite 560 San Antonio, Texas 78216 (210) 525-0888 francisco@al-pc.com

  25. Questions?

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