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International Talent Acquisition and Immigration Law

http://www.shusterman.com An Employer's Guide to Using U.S. Immigration Laws to Hire and Retain Foreign-Born Professional Employees

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International Talent Acquisition and Immigration Law

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  1. International Talent Acquisition and Immigration Law Interactive Seminar with Carl Shusterman Kennedy Information January 22, 2009

  2. Everyone is Seeking International Talent! The Law Offices of Carl Shusterman

  3. U.S. Immigration The Open Door “Give me your tired, your poor, your huddled masses yearning to breathe free.” - Emma Lazarus The Law Offices of Carl Shusterman

  4. The Door Slowly Closes… 1875:Congress Bars Criminals & Prostitutes 1882: The Chinese Exclusion Act 1891: No “paupers, idiots, the insane, diseased persons or polygamists” or persons whose passage was paid for by another. 1917:No “illiterates, vagrants, stowaways, alcoholics” 1921: The quota system is introduced The Law Offices of Carl Shusterman

  5. Navigating the Immigration Maze: • Immigration: Clearing the Hurdles • Alphabet Soup: Government agencies-USCIS, DOL, DOS • Immigration Forms; Big enough to keep me warm… • Quotas: Temporary & Permanent Visas The Law Offices of Carl Shusterman

  6. B-1 Business Visa E-1 Treaty Trader E-2 Treaty Investor E-3 Australian Professional H-1B Professional H-3 Trainee Temporary Business Visas - Part I The Law Offices of Carl Shusterman

  7. J-1 Exchange Visitor L-1 Intracompany Transferee O-1 Extraordinary Ability P-1 Performers and Athletes R-1 Religious Worker TN Occupations Temporary Business Visas - Part II The Law Offices of Carl Shusterman

  8. H-1B ProfessionalsBasic Qualifications • Possession of University Degree • Job Requires University Degree • Prevailing Wage • Dual Intent The Law Offices of Carl Shusterman

  9. H-1B Professionals - Limitations • Annual Numerical Caps - 65K and 20K • 6,800 H-1B’s for Citizens of Singapore and Chile • Exemptions from Cap • Maximum Duration – 6 years • Exemptions from Maximum Duration • No work permits for H-4 Spouses and Kids The Law Offices of Carl Shusterman

  10. J – 1 Exchange Visitors • Includes Medical Residents & Fellows • Two-Year Home Residency Requirement • Waivers from Two-Year Requirement • Work Permits for J-2 Spouses • No Dual Intent The Law Offices of Carl Shusterman

  11. L-1A Intracompany Managers and Executives • Must be Employed Abroad for 1 Year • In Same Capacity • For Same Company • Or for Parent, Subsidiary or Affiliate The Law Offices of Carl Shusterman

  12. L-1A Benefits and Limitations: • No Numerical Cap • No Prevailing Wage Requirement • Maximum Duration – 7 Years • Work Permits for L-2 Spouses • Easy Transition to Permanent Residence • Blanket Petitions • Dual Intent The Law Offices of Carl Shusterman

  13. L-1B Specialized Knowledge Workers • Must be Employed Abroad for 1 Year • In Same Capacity • For Same Company • Or for Parent, Subsidiary or Affiliate The Law Offices of Carl Shusterman

  14. No Numerical Cap No Prevailing Wage Requirement Maximum Duration – 5 Years Work Permits for L-2 Spouses Requires PERM for Permanent Residence Dual Intent L-1B Benefits and Limitations: The Law Offices of Carl Shusterman

  15. O-1 Extraordinary Ability Visas • For Those Who Have Risen to Top of Field • No Numerical Cap • No Prevailing Wage Requirement • No Maximum Duration - Initially for 3 Years • No Work Permits for Spouses The Law Offices of Carl Shusterman

  16. For Canadian and Mexican citizens only 60+ Occupations – Mostly Professionals No Numerical Cap or Maximum Duration Extensions Required Every Three Years Canadians are Visa – Exempt No Dual Intent No Work Permits for Spouses TN (Trade NAFTA) The Law Offices of Carl Shusterman

  17. How to Obtain Permanent Residence: • Employment • Relatives • Visa Lottery • Investment • Asylum The Law Offices of Carl Shusterman

  18. Priority Workers (EB-1) • Persons of Extraordinary Ability • Outstanding Professors and Researchers • Multinational Managers and Executives The Law Offices of Carl Shusterman

  19. Persons with Advanced Degrees or Exceptional Ability (EB-2) • M.D., J.D., Ph.D, Masters or Bachelors Plus Five Years • PERM Requirement – Recruiting for U.S. Workers • National Interest Waivers – For Physicians • National Interest Waivers – For Others The Law Offices of Carl Shusterman

  20. Professional and Skilled Workers (EB-3) • Persons whose jobs Require 4-year Degree • Persons whose jobs Require 2-years of Experience • PERM Requirement – Recruiting U.S. Workers The Law Offices of Carl Shusterman

  21. Green Cards through Employment – Procedure: • Demonstrate that there are No Qualified U.S. Workers for Position • Prevailing Wage Requirement • Advertisements in Print Media, Internet, Job Fairs, etc. The Law Offices of Carl Shusterman

  22. Green Cards through Employment – Waiting Times: • Annual Numerical Cap – 140,000 including Spouses and Children • Visa Bulletin – Published Monthly by State Department • Per-Country Limitations - 7% Requirement • Countries with Significant Backlogs • Grounds of Inadmissibility The Law Offices of Carl Shusterman

  23. How to Obtain Additional Information and Stay Updated • Immigration Laws, Regulations & Procedures are Ever Changing • Our Website –www.shusterman.com • Contains Thousands of Articles/Links • U.S. Immigration Daily News Ticker • Free, Monthly E-mail Newsletter – Over 57,000 Subscribers The Law Offices of Carl Shusterman

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