INTERNATIONAL STUDENTS AND THE “ROAD TO THE GREEN CARD”.

1. INTERNATIONAL STUDENTS AND THE “ROAD TO THE GREEN CARD”. Presented by: David H. Nachman, Esq. Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. (VISASERVE)

2. History • Open-door policy • First immigration restriction 1875-1917 • First quota system 1917-1951 • INA passed 1953 • IRCA passed 1986

3. Nonimmigrant B Visitors F Student H Specialty Workers L Intercompany Transferee O Extraordinary ability P Performing Artists R Religious Workers Immigrant EB1 Outstanding Research & Professors EB2 Advanced Degree Professionals EB3 Bachelors Immigrant vs Nonimmigrant Visas

4. A Typical Path to a Green Card • F Visas (students) • H-1B Visas (employees) • Employment Based Permanent Residence

5. H-1B VisasTemporary Professional Visas • For Professional-Level workers who are coming to the US to work for a US employer in a specialty occupation • Alien must possess at least the equivalent of a US Bachelor’s degree AND • Job offer must require at least a Bachelor’s • “Three for One Rule”- 3 yrs of work experience can be substituted for 1 yr of academic study in order to equate the work experience to a Bachelor’s

6. Examples of Specialty Occupations • Some occupations in the regulations: Chemist, biologist, engineers, physicists, software developers, system analysts, accountants, economists, teachers, architects If an occupation is not in the regulations, is a Bachelor’s degree normally required?

7. Period of Validity Generally valid for a total of 6 years Time spent outside of the US can be recaptured Some exceptions available where additional time in H-1B status will be granted in 3 year increments beyond the 6 year period

8. Employer Specific • H-1Bs are employer specific, but • Concurrent H-1Bs are permitted, and • H-1Bs are portable • Part-time employment is permitted

9. Cap on H-1B Visas Numerical Limitation: 65,000 annually Additional 20,000 visas for those with US advanced degrees Cap was met for non advance degree cases on first day of filing for FY 2008- receiving over 180,000

10. Exemptions from the H-1B cap • Current H-1Bs seeking extensions or transfers to another employer (the cap limits the number of requests for initial employment that CIS may approve each year) • Statutorily exempt employers such as institutions of higher education and nonprofit research organizations

11. H-1B Petitions • H-1B petitions include: • Form G-28 • Form I-129 with H supplements • Certified Labor Conditions Application (LCA) • Supporting Documentation

12. Supporting Documentation Petitioner’s detailed letter of support describing the job duties Copy of the foreign national’s Bachelor’s degree and transcripts Evidence that the individual has obtained any required license for the proposed position Evidence of the foreign national’s legal nonimmigrant status

13. Supporting Documentation (cont.) If the foreign national possesses a foreign degree, an educational evaluation must be obtained from a USCIS-recognized evaluation service indicating that the foreign degree is the equivalent of the US degree. If the 3 for 1 rule is being used, evidence of the experience

14. The Labor Conditions Application (LCA) Attestations made to the US Department of Labor (DOL) by an employer seeking to hire employee(s) as an H-1B worker(s). Sets forth the number of workers sought, the occupational classification, the prevailing wage, the method used to determine the prevailing wage, and the actual wage rate paid LCA must be available for public inspection within one day of filing the LCA with the DOL

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

16. H-1B Gap Fillers • Take a long vacation • Temporarily change to visitor visa • Automatic extension of student status • Temporarily change to a nonimmigrant training visa (H-3) • B-1 Visa in Lieu of an H-1B visa • Extension of OPT from 12 to 29 months for individuals with STEM degrees employed by an E-verify employer • J-1 training visa

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

18. 1st Preference (EB1):No Labor Cert Required • Outstanding Professors & Researchers • Aliens of Extraordinary Ability - Top of their field

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

20. 2nd Preference (EB2): Labor Cert Usually Required • Advanced Degree Professional - Job requires a degree beyond a BA

21. National Interest Waiver:NO Labor Cert Required • 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

22. 3rd Preference (EB3): Labor Cert Required • Aliens who hold Bachelor’s degrees and are members of the professions • Aliens capable of performing skilled labor • Aliens capable of performing unskilled labor

23. Procedure for PERM Response to Audit Request from DOL Final Approval or Denial

24. Immigration Reform and Control Act of 1986 (“IRCA”) • 11/6/1986 • Requires that all employers complete Employment Eligibility Form (I-9) for newly hired employees. • Designed to control the problem of illegal immigration

25. Thank You Questions? Please contact our office for further information: David_nachman@visaserve.com 201-670-0006 (ext 100) http://www.visaserve.com http://www.visaserve-entertainment.com/

26. Canadian Immigration • For some, immigration to the U.S. is not an easy option. • Our office has several Canadian Immigration Attorneys on the staff to assist individuals and businesses with transfers to Canada and to select foreign countries throughout the world.