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Overview

Overview. Employment Based Permanent Residence H-1B Visas & Alternatives/Gap Fillers. H-1B Visas. The position must be in a specialty occupation: - highly specialized knowledge; AND - attainment of a BA or higher in the specialty occupation. Period of Stay.

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Overview

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  1. Overview Employment Based Permanent Residence • H-1B Visas & Alternatives/Gap Fillers

  2. H-1B Visas • The position must be in a specialty occupation: - highly specialized knowledge; AND - attainment of a BA or higher in the specialty occupation

  3. Period of Stay • Two three year periods of stay • Extensions only in some cases where a permanent residence petition is pending

  4. Two Important H-1B Concepts • Concurrent H-1Bs permitted • H-1Bs are portable

  5. H-1B Alternatives • E Visa • L Visa • O Visa • P Visa • R Visa • B-1 Visa • TN Visa • E-3 Visa

  6. H-1B Gap Fillers • Take a long vacation • Temporarily change to visitor visa • Temporarily change to foreign worker status • Reinstate student status • Temporarily change to a nonimmigrant training visa

  7. Employment Based Permanent Residence Requirements: • Full-time employment • Attainment of DOL Labor Certification • Ability to pay • Availability of Immigrant visa number

  8. 1st Preference (EB1)- NO labor cert required • Outstanding Professors & Researchers • Aliens of Extraordinary Ability - Top of their field

  9. EB1 Evidence • Publications • Presentations at International Symposia • Judging the Work of others • International Prizes • Patents • Contribution of Original Research in the field

  10. 2nd Preference (EB2)- Labor Cert usually required • Advanced Degree Professional - Job requires a degree beyond a BA

  11. NIW- NO Labor Cert reqd • Seeking employment in an area of “substantial intrinsic merit” • The benefit will be national in scope • The national interest would be adversely affected if a labor cert were required

  12. 3rd Preference- labor cert required • Must have a BA- a professional not qualifying for EB2

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