Employment Based Immigration & Sponsorship

1. Employment Based Immigration & Sponsorship Kelly E. Simon, Partner 314-552-6537 Office 314-602-6537 Mobile ksimon@thompsoncoburn.com

2. Agenda • Immigration 101 • Strategies for Sponsoring Foreign Nationals • Questions

3. Part 1:Immigration 101

4. Glossary of Common Immigration Terms • Nonimmigrant – individual from foreign country who has the intent to visit the U.S. on a temporary (non-permanent) basis • Immigrant – individual from foreign country who has the intent to stay permanently in the U.S.

5. Frequent Nonimmigrant Statuses F-1 (Students) H-1B (Specialized Professionals) TN (NAFTA Professional) L-1 (Intracompany Transfers)

6. F-1 Students • Student enrolled in full time course of study at U.S. educational institution • Paperwork prepared by school • Work eligibility in limited circumstances • Curricular Practical Training • Optional Practical Training – 1 year of employment following graduation

7. OPT 12 months is standard term Additional 17 month extension is available if student has STEM degree and employer is enrolled in E-Verify OPT Students can complete an I-9 based on documents provided by their school

8. H-1B – Specialized Professionals Position must be “specialty occupation” Job must require and individual must have a bachelor’s degree in the area of specialty or a related field 6 years Additional extensions become available, if certain threshold steps are made in the green card process on behalf of the individual

9. H-1B – The CAP Limited number of H-1B visas available each fiscal year If you plan to hire someone who will need sponsorship, application must be filed by April 1 for October 1 start date Lottery

10. H-1B Portability • Employees in H-1B status must work for the sponsoring employer in the position subject to the application • But, the employees are portable, meaning they can work for a new sponsoring employer • New employer must file a petition for change of employer and get a receipt notice before new employment may begin

11. Green Card Process • Three steps to the green card process: • Labor Certification: Employer tests job market to see if there are any U.S. workers willing and able to do the job • Form I-140: Employer requests permission to sponsor employee for employment based green card • Form I-485: Employee files green card application

12. Green Card Process The demand exceeds the supply Backlogs have been created – particularly for foreign nationals from China and India For backlogged category, the wait can easily exceed 4 or 5 years

13. Part 2:Strategies for Hiring or Sponsoring Foreign Nationals

14. The Most Critical Question: Why sponsor a foreign national for work authorization?

15. Four Approaches to Sponsorship Long Term Vacancies Senior/High Level Positions Specific Skills Ad Hoc

16. The Strategy Questions What is the internal protocol? What is the nonimmigrant strategy? What is the temporary to permanent strategy?

17. Part 3:Questions?