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International Talent Acquisition and Immigration Law

International Talent Acquisition and Immigration Law. Interactive Seminar with Carl Shusterman R4 Conference September 11-12, 2008. I-9 Requirement for Employers - Procedure (Part I). Employers are required to Complete Form I-9 for All New Hires Day 1 - Employee Must Complete Top Portion of

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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 R4 Conference September 11-12, 2008

  2. I-9 Requirement for Employers - Procedure (Part I) • Employers are required to Complete Form I-9 for All New Hires • Day 1 - Employee Must Complete Top Portion of I-9 • I am a: (1) Citizen or National of the U.S. (2) Lawful Permanent Resident - A# (3) Alien Authorized to Work Until… The Law Offices of Carl Shusterman

  3. I-9 Requirement for Employers - Procedure (Part 2) • By Day Three, Employers Must Verify the Workers ID and Employment Authorization • Worker must present one List A Document (ID and Employment Authorization)  or • One List B Document (Establishes Identity) and • One List C Document (Establishes Employment Authorization) The Law Offices of Carl Shusterman

  4. I-9 Requirements for Employers- Procedure (Part 3) • I. Employers Sanctions • II. Anti-Discrimination Laws • III. Document Abuse Laws The Law Offices of Carl Shusterman

  5. E-Verify Program: A Solution for Employers? • Insulation from Liability? • Identity Theft? • Is E-Verify Ready for Prime Time? 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 Cap H-1B’s Reserved 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 Annual Extensions Required (Proposed 3 year rule) 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 in Constant Flux • Our Website –www.shusterman.com • Contains Thousands of Articles/Links • Daily News Ticker • Free, Monthly E-mail Newsletter – Over 55,000 Subscribers – Subscribe Now! The Law Offices of Carl Shusterman

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