Immigration Forefront: Global Workforce Employing Foreign Nationals in the US

1. Immigration Forefront: Global WorkforceEmploying Foreign Nationals in the US

2. Hiring and Retaining Top TalentImmigration 101 • Sponsor for temporary work visa • Sponsor for green card • Anticipate very lengthy green card process: “immigration handcuffs” • Anticipate costs for employee and dependents Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

3. Immigration 101The Alphabet Soup • F-1 Students: Practical Training • H-1B Workers • L-1 Intracompany Transferees • TN Workers under NAFTA • E-3 Workers (Australia) Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

4. Immigration 101Foreign (“F-1”) Students • Curricular Practical Training (CPT) • Part of degree program, such as co-op program • Optional Practical Training (OPT) • 1 year work authorization per EAD card • Student is responsible for applying before finishing degree program • Certain extensions available: STEM degree + Company E-Verify Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

5. Immigration 101Foreign (“F-1”) Students • Apply for H-1B work visa as soon as possible due to H-1B cap. • Gotcha alert: Student should not actually start work at Company in any capacity until MS degree complete – unless have MS from home country. Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

6. Immigration 101H-1B Professional Workers • Specialty Occupation means: • An occupation which requires theoretical and practical application of a body of highly specialized knowledge • And which requires the attainment of bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the U.S. • Including, but not limited to, engineering, mathematics, physical sciences, business specialties, accounting, law, etc. Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

7. Immigration 101H-1B “Cap” • “Cap” refers to annual numerical limitations set by Congress on the number of workers authorized to be admitted on different types of visas or authorized to change status if already in the United States. • Each person is counted against the cap once. Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

8. Immigration 101Exemptions from H-1B Cap • H-1B amendment or extension petitions • H-1B transfer (change of employer) petitions • H-1B petitions filed by higher educational institutions and related non-profit entities • H-1B U.S. master’s or higher degree (20,000 per fiscal year) Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

9. Immigration 101H-1B Visa Processing • Portability provision • 5-6+ months for adjudication • USCIS Filing Fee $325.00 ($460.00 Effective December 23, 2016) • Training Fee of $1,500.00 (for most cases) • Anti-Fraud Fee of $500.00 (for most cases) • USCIS Premium Processing Fee of $1,225.00 Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

10. Immigration 101Immigration Update: H-1B Cap • H-1B cap for Fiscal Year 2018 (10/01/2017 – 09/30/2018) is approximately 65,000 • Plus: an additional 20,000 H-1Bs available to those with a U.S. master’s degree or higher • Filing begins April 1, 2017 • Earliest possible H-1B employment start date: October 1, 2017 • Cap will likely be reached on April 1, 2017 Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

11. Immigration 101Immigration Update: H-1B Cap Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

12. H-1B Flowchart AG prepares Labor Condition Application (LCA) Form & H-1B Forms Employer and employee Complete Intake forms AG determines prevailing wage through research The Employer must 1)post LCA at job site(s) for 10 business days and 2) maintain a public access file containing information regarding LCA and prevailing wage AG obtains certified LCA from DOL AG submits LCA Form to US Department of Labor (DOL) AG assembles H-1B petition and submits to USCIS. If the worker is currently in H-1B status with another employer, the worker may start working at this point (with receipt notice) USCIS approval normally in 4-6 months. Expedited request can be made by paying for premium processing Client reviews paperwork, signs and mails back to AG AG sends forms to client If worker is in the US in valid nonimmigrant status other than H-1B, the worker can usually begin work for petitioning employer Worker reenters with new visa stamp and I-94 valid for duration of the USCIS approval notice . Any changes in the employment should then be reported to AG Workers must get new visa stamp at consulate when leaving the US for the first time after USCIS approval unless worker already holds H-1B status If worker is outside the US, AG will advise the client on applying for the visa at a US Consulate If no H-1B visas are available due to the H-1B cap, consult attorney regarding current USCIS policy on cap cases Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

13. Immigration 101Work Visa Processing • HR provides offer letter to AG Firm • job title, salary, work location, and candidate’s contact information • Must obtain DOL certification of Labor Condition Application (Approx. 7-10 days) • Once DOL certifies LCA, Company must sign government forms • Once Company signs and returns forms to AG Firm, we file H-1B petition with U.S. Immigration Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

14. Immigration 101L-1 Visa for Intracompany Transferees • An alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the U.S. to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

15. Processing as usual Usually an advantage in green card process 7-year maximum stay Spouses entitled to employment authorization Subject to heightened scrutiny regarding nature of the specialized knowledge Practically speaking, this now requires unique/proprietary knowledge 5-year maximum stay Spouses entitled to employment authorization Immigration 101L-1A/B Visa Strategies L-1AManagers/Executives L-1BSpecialized Knowledge Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

16. Recent Trends in L-1B Adjudication • In recent years, USCIS has had a high rate of denials and RFEs for L-1Bs Source: AILA InfoNet Doc. No. 16091909; http://nfap.com/wp-content/uploads/2015/03/NFAP-Policy-Brief.L-1-Denial-Rates-Increase-Again.March-20151.pdf Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

17. Country Trends • Indian nationals are far more likely to face a denial of L-1B status than a national of any other country. Source: http://nfap.com/wp-content/uploads/2015/03/NFAP-Policy-Brief.L-1-Denial-Rates-Increase-Again.March-20151.pdf Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

18. Service Center Adjudication Trends • The Vermont Service Center (“VSC”) receives most of the L-1B Petitions (almost 2/3) and adjudicates them more favorably than the California Service Center (“CSC”). Source: AILAInfoNet Doc. No. 14030543 Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

19. Immigration 101TNProfessionals (NAFTA) • Canadian and Mexican citizens • Scientific Technicians/Technologists • No cap • Apply at Port-of-Entry or US Consulate • Valid for 3 years • Canadians are visa-exempt Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

20. Immigration 101E-3 Work Visa • Only for Australian citizens • Specialty Occupation • Cap is 10,500 • Every case counts • Apply directly with the U.S. Embassy/Consulate or with the Vermont Service Center Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

21. Immigration 101Employment Based “Green Card” ProcessProgram Electronic Review Management (PERM) Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

22. Immigration 101PERM: Pre-filing Requirements • Job order with SWA for 30 days • Obtain Prevailing Wage Determination from Department of Labor • Two Sunday ads in major metro newspaper • Internal notice posting – 10 business days • In-house recruitment Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

23. Job fairs Employer’s website Job search website other than employer On-campus recruiting Trade or professional organization Private employment firms Employment referral program Notice of job opening at a campus placement office Local and ethnic newspapers Radio and television advertisements Immigration 101PERM: Pre-Filing3 Additional Recruitment Steps for Professional Occupations Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

24. Immigration 101Sample PERM Calendar Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

25. Immigration 101PERM: Filing & Post-Filing • Recruitment report • Employer must track: • Number of resumes received • Number of hires made • Lawful disqualifying reason why applicants not qualified • Record keeping • Employer must maintain for a period of five (5) years: • Proof of recruitment • Recruitment results Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

26. Immigration 101Immigrant Visa Availability • There is also a cap on the number of employment-based immigrant visas (i.e. green cards) available each year. The cap is approximately 140,000. • The immigrant visas available each year are divided among the employment-based preference categories and then further sub-divided based on the employee’s country of birth. • The available immigrant visas are issued to those who have been waiting the longest (i.e. have the oldest priority date) in each preference category. Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

27. Immigration 101Immigrant Visa Wait Times • Due to the limited number of immigrant visas available each year, a significant backlog has developed in some preference categories. This is particularly true for employees born in mainland China, India, Mexico, and the Philippines. • Preference Category: Determines which queue the employee must “stand” in to wait for an immigrant visa to become available • EB-1: First preference category for those with Extraordinary Ability; Outstanding Professors/Researchers; and Certain Multinational Executives/Managers • EB-2: Second preference category for Advanced Degree Professionals; and those with Exceptional Ability seeking National Interest Waiver • EB-3: Third preference category for Professionals and Skilled Workers Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US

28. Immigration 101Immigrant Visa Wait Times • Priority Date: The date on which the employee establishes a place in the queue to wait for immigrant visa availability • Priority date is the date the labor certification is filed or the date the Form I-140, Immigrant Visa Petition, is filed if a labor certification is not required Immigration Forefront: Global Workforce – Employing Foreign Nationals in the US