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Spring 2011

Spring 2011. Immigration/Employment Options After Student Status. Art Serratelli, Esq. Vandeventer Black LLP immigration_art@yahoo.com. Norfolk Richmond Raleigh Kitty Hawk. www.facebook.com/immigration.art “Friend Request”. Immigration Art

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Spring 2011

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  1. Spring 2011 Immigration/Employment Options After Student Status Art Serratelli, Esq. Vandeventer Black LLP immigration_art@yahoo.com Norfolk Richmond Raleigh Kitty Hawk

  2. www.facebook.com/immigration.art “Friend Request”

  3. Immigration Art “Like” Our Page on Facebook

  4. Overview • What are the immigration rules? • What should you say in a job interview about the rules? • Does the employer have a “Policy”about “sponsoring” work visas / work authorization? • What are the “major concerns / worries” that employers have? How do you deal with them? • What about a lawyer?

  5. What are the rules? 4 basic paths to obtain a green card • Employment-based • Marriage to U.S. Citizen (Immediate) • Diversity Lottery • Family-based (Preference) • ALSO: Asylum/Refugee OUR FOCUS: WORK STATUS AFTER OPT AND PRIOR TO THE GREEN CARD ON THE EMPLOYMENT PATH

  6. Green Card Big Picture (this example, via employment) Enroll Graduate Apply for H-1B Maintain H-1B status Maintain F-1 status Actions File I-140 Green card File I-485 U.S. Citizenship Start EB green card USCIS visa backlog (0-7 yrs) USCIS (6 mos to 2 yrs) EB-2 EB-3 State DOL Fed DOL USCIS (5 yrs) U.S. Citizenship LPR pending OPT Work H-1B or other lawful work status Enrolled in school LPR Status F-1 status F-1 status Temporary work status LPR status

  7. What are the rules? 1 of 4 basic ways to obtain a green card Employment Step 1: F-1 or J-1 Step 2: OPT or AT Step 3: H-1B or other work visa Step 4: Green card based on employment

  8. 1. Employment Step 2 A word about OPT Bad news / Good news! • 90 days of unemployment = bad • Proof: Journal of job search tasks, by day • Paid work is BEST • Proof W-2, tax return • Unpaid work is OK • Proof: Get a Letter • Self-employment is OK • Proof: business license, 1099, tax return

  9. 1. Employment • Step 2 A word about OPT STEM & E-Verify: 17 Extra Months Database of companies • Can’t confirm the accuracy, but at least a place to start • Most recent list: E-Verify participating companies (as self-reported) www.smartbusinesspractices.com

  10. 1. Employment Step 3 Post-OPT job search options a. H-1B [6 yrs] Requirements • A job offer w/ a company with a “proven track record,” • For a position that requires at least a 4 yr college degree, and • You have the required degree

  11. 1. Employment Step 3Post-OPT job search options a. H-1B Features • Subject to the 85,000 quota--lottery • H-1B quota exempt jobs • Employed at U.S. institution of higher education, or related non-profit entity • Employed at non-profit research organization or (federal) government research organization

  12. 1. Employment Step 3 Post-OPT job search options a. H-1B Which companies are hiring? www.myvisajobs.com

  13. 1. Employment Step 3 Post-OPT job search options b. E-1/E-2 [2yrs or 4 yrs or 5 yrs+] Requirements • Treaty between your country and U.S. • U.S. company that hires you owned by a company (or people) from your home country • White collar, skilled job c. E-3 – “H-1B for Australians” [2 yrs+]

  14. 1. Employment Step 3 Post-OPT job search options d. TN [3 yrs+] Requirements • From Canada or Mexico • Job-title specific – see list

  15. 1. Employment Step 3 Post-OPT job search options e. L-1A/L-1B [7 yrs / 5 yrs] Requirements • Work overseas 1 full year, • Transfer to affiliated U.S. company or branch office • L-1A: manager or executive • L-1B: specialized knowledge • Inside info * Leads to green card shortcut – EB1 jackpot!

  16. 1. Employment Step 3 Post-OPT job search options Even more options • R-1 — religious worker [5 yrs] • G — international organizations [vary] • O-1 — Extraordinary Ability [vary] • P-1— Athlete/Entertainer [vary] • A — ambassador / embassy [vary] • I — journalist visa [vary]

  17. 1. Employment Step 3 Post-OPT job search options Entrepreneurs: Consider These Options Temporary Work Status Categories - - L-1A (new office start-up / business plan) - - E-1 / E-2 (purchase existing / start-up) - - TN or H-1B (company: ongoing concern?) - - Green Card Issues / Ownership Green Card Category - - EB-5 Investor Green Card

  18. 1. Employment Step 4 Employment-based green cards No Labor Certification Required [no advertising] Examples: - - EB-1 Outstanding Professor / Researcher - - EB-2 National Interest Waiver (NIW) - - EB-1 Intracompany Transferee (L-1A uses this) Labor Certification Required [advertising] - - EB-2 and EB-3 PERM Process

  19. 1. Employment Want more information? Key internet resource— “glossy booklet” (Post-OPT Job Search Summary Booklet) www.vanblk.com/documents/ImmigrationLawsforBusinessBooklet05.pdf www.facebook.com/immigration.art

  20. 2. Marriage (Immediate) 2nd of 4 ways to get a green card Step 1F-1 or J-1 Step 2Green card based on marriage to U.S. citizen

  21. 3. DV Lottery 3rd of 4 ways to get a green card Step 1F-1 or J-1 Step 2Green card based on diversity lottery Features • 50,000 places each year for citizens of countries with few immigrants to the U.S • If you are eligible, apply through www.travel.state.gov during eligibility period • Winners should act very carefully within one-year window of eligibility

  22. 4. Family (Preference) 4th of 4 ways to obtain a green card Step 1F-1 or J-1 Step 2Green card based on family member in U.S. Categories • Unmarried sons and daughters (21+) of U.S. citizens • Spouses, children, and unmarried sons and daughters (21+) of LPRs • Married sons and daughters (21+) of U.S. citizens • Siblings of adult U.S. citizens * NOT GOOD—takes too long!

  23. What should you say in an interview? • Any mention of H-1B & Quotas? • Any mention of E-Verify? • Any mention of OPT? • Any mention of the green card? *HINT—On a first date, don’t ask for marriage before the soup arrives You must balance— • The need to mention immigration (answer only “TINY immigration questions”) with • The need to focus on your resume and unique job qualifications to get hired

  24. What should you say in an interview? Slide of Shame • It is a shame when U.S. employers ask an international student to explain U.S. immigration law! • SHAME! • Don’t waste time— you focus on getting hired; let your school or an immigration lawyer explain the law!

  25. What should you say? Want more information? Key internet resource— The Art Serratelli version of the “Janene Oettel Pamphlet” http://www.vanblk.com/Resources/documents/ ImmigrationGuideToHiringStudents11242008.pdf www.facebook.com/immigration.art

  26. Employer Policy About “Sponsorship?” Large Companies - Most likely to have a formal policy regarding the hiring internationals. - If the policy is “We Do Not Sponsor”then the odds of changing their minds is 90/10 against the student. - List of “Companies That Sponsor” www.myvisajobs.com Mid-Sized Companies - Most likely to have never hired internationals. - About a 50/50 chance that they will. Small Companies - It’s like the Wild West – create your own frontier! - They’ll hire the best person for the company.

  27. What Are the Worries of the Employer? - “Sponsorship” means we’re tied to this student for life, like being married. - We do not want to advertise for the job to make sure that no Americans are qualified and available - The paperwork is too hard; too time consuming. - “Sponsoring” costs too much. - What about the I-9? What do we do about that?

  28. How Do You Address These Worries? Worry: “Sponsorship” means we’re tied to this student for life, like being married; divorce = pain Reply • “Sponsoring” basically means getting permission from immigration to put a foreign-born person on a USA payroll. • Once you get permission, you can treat me just like an American or a Green Card worker!

  29. How Do You Address These Worries? Other Employer Worries • We have to advertise before we sponsor, and we don't want to advertise. • NO: Advertising is only for the Green Card! • Paperwork to “sponsor” is too complicated. • NO: Just 10 or so pieces of employer info; no documents • What About the I-9? How do we complete that? • The immigration lawyer will guide you • Fees for USCIS and a lawyer are too expensive. • NO: Except for 1 fee (for only the H-1B subject to the quota) that the employer must pay, everything is negotiable

  30. What about a lawyer? 4 tips to choosing an immigration lawyer (if you have to . . .) 1. Lawyer must be a member of AILA 2. Lawyer should exclusively practice immigration law 3. Only pay a fixed legal fee 4. Pick a lawyer via references

  31. Questions?

  32. Contact information Arthur Serratelli, Esquire Partner & Chair, Immigration Law Group Vandeventer Black LLP Phone (direct line): 757-235-4624 E-mail: immigration_art@yahoo.com www.facebook.com/immigration.art

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