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Immigration ABCs

Immigration ABCs. By Feng Bo, Esq. April 14, 2012. My Background. B.A., Fudan University M.A., University of Southern California J.D., Southwestern School of Law Licensed in California, USA. Basic Introduction of Immigration Law. Federal Law

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Immigration ABCs

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  1. Immigration ABCs By Feng Bo, Esq. April 14, 2012

  2. My Background B.A., Fudan University M.A., University of Southern California J.D., Southwestern School of Law Licensed in California, USA

  3. Basic Introduction of Immigration Law • Federal Law • Immigration and Nationality Act, Title 8 of United States Code • Federal Agencies • Department of Homeland Security • USCIS, ICE and CBP • Department of Justice • Executive Office for Immigration Review • Department of State • Department of Labor

  4. How to Work Legally in USA? • F1 - CPT and OPT • J-1 • Other Working Visas • H1-B • L • E

  5. Working Visas – H1-B • Fiscal Year: starting on Oct 1st every year • H1-B Cap • Regular Cap: 65,000 (up to 6,800 visas set aside for Chile and Singapore Citizens) • Advanced Degree Exemption: 20,000 • Qualifications • Bachelor’s or higher degree, industry standard, employer standard

  6. Working Visa – L (Intracompany Transferee) • L1-A: Executive or Manager • L1-B: Specialized Knowledge • U.S. Employer • Qualifying relationship with a foreign company • Doing business requirement • Employee • One continuous year of working for the qualifying foreign company • L1-A: will work as an executive or manager in USA • L1-B: will render services in a specialized knowledge capacity in USA

  7. Working Visa - E • E-1 Treaty Trader • Be a citizen of a country/area with which U.S. has a treaty of commerce and navigation, and • Carry on substantial trade, and • Carry on principal trade b/w U.S. and the treaty country • E-2 Treaty Investor • Be a citizen of a country/area with which U.S. has a treaty of commerce and navigation, and • Having invested, or is actively investing, a substantial amount of capital in a bona fide enterprise in U.S. • Enter U.S. solely to develop and direct the investment enterprise

  8. How to obtain a green card? Employment Based Family Based Others

  9. Employment Based – Visa Bulletin

  10. Employment BasedEB-1 Priority Worker • EB-1A: Alien of Extraordinary Ability • Extraordinary ability in the sciences, arts, education, business, or athletics • Internationally recognized award, such as Nobel, Oscar, Olympic medal, or • Meeting any three of the ten criteria, • Seek to enter the U.S. to continue work in the area of extraordinary ability, and • Alien’s entry into the U.S. will substantially benefit prospectively the U.S. • Benefits of EB-1A • No labor Certification • No employer sponsor

  11. Employment Based EB-1 Priority Worker • EB- 1B: Outstanding Professors and Researcher • Internationally recognized as outstanding in a specific academic area, • At least three years of experiences in teaching or research in the academic area, and • Aliens seeks to enter the U.S. • Tenure or tenure-track position to teach • Comparable position to conduct research, or • Comparable position to conduct research with a private employer • EB-1C: Multinational Managers and Executive

  12. Employment Based EB-2 • Who is eligible? • Advanced degree or equivalent (Bachelor’s degree + 5 years progressive experience), or • Exceptional ability in the sciences, arts, or business • NIW • Exceptional ability, • National Interest, and • National interest substantially outweighs adverse affect on U.S. job market

  13. Employment Based EB-3 • Who is eligible? • Skilled Workers • Professionals with a bachelor’s degree • Other workers

  14. Employment Based EB-5 Immigrant Investor • 10,000 visas annually • Owning and operating a personal residence NOT qualify you as EB-5 investor • Required amount of investment (cannot be borrowed) • $1 million anywhere in U.S., • $500k in targeted employment area (high unemployment or rural area), • $500k investment in “regional center” approved by USCIS • Create or preserve at least 10 full time jobs within 2 years, excluding • Investor, and investor’s spouse, sons and daughters, • Anyone in any nonimmigrant status (such as H1-B visa holder), • Anyone not authorized to work

  15. Green Card – Family Based • Immediate relative of U.S. citizen – no waiting in line!!! • Spouse of U.S. citizen • Children (unmarried and under 21) of U.S. citizen • Parents of U.S. Citizen • Other Relatives of U.S. citizen and permanent resident

  16. Others • VAWA (Violence against Women Act) • Applicable to both women and men • Who are eligible to file • Abused spouse of U.S. citizen or permanent resident • Parent of a child who has been abused by your U.S. citizen or permanent resident spouse • Child under 21 and unmarried who has been abused by U.S. citizen or permanent resident parent • Abused parent of U.S. citizen • Asylum - Persecution or Fear of Persecution based on • Race • Religion • Nationality • Membership in a particular social group • Political Opinion

  17. Q & A

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