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LEAVY, FRANK & DELANEY, LLC

LEAVY, FRANK & DELANEY, LLC. 3 Bethesda Metro Center, Suite 505 Bethesda, Maryland 20814 (P) 301.656.2102 (F) 301.656.4728 leavyfrank@leavyfrank.com www.leavyfrank.com Immigration workshop for international postdocs and researchers. What we will cover. Types of Visas

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LEAVY, FRANK & DELANEY, LLC

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  1. LEAVY, FRANK & DELANEY, LLC • 3 Bethesda Metro Center, Suite 505 • Bethesda, Maryland 20814 • (P) 301.656.2102 • (F) 301.656.4728 • leavyfrank@leavyfrank.com • www.leavyfrank.com • Immigration workshop for international postdocs and researchers

  2. What we will cover • Types of Visas • J-1s and 212(e)Waivers • Other Temporary Options • Thinking about Permanent Residence • Self-Sponsored Green Cards • The Evidence and Documents Required • Visa Numbers and Retrogression • Image courtesy of xedos4 / FreeDigitalPhotos.net

  3. Non-Immigrant Visas • Each visa has its own requirements, timelines availability • Your I-94 indicates how long you can stay in the US • What’s D/S? • Status can be changed and/or extended by USCIS (or possibly not…) • Visa stamp is for initial or re-entry to the US after travel • Visa stamp is not determinative of status • Image courtesy of zirconicusso/ FreeDigitalPhotos.net

  4. A path well travelled • OPT 12 months (17 month STEM Extension) • J-1 Research Scholar 5 years • H-1B 6 years • Conservatively an individual can utilize up to 12 years of temporary visa status • Image courtesy of chanpipat/ FreeDigitalPhotos.net

  5. J-1s • 212(e) • Don’t have to deal with USCIS • Easy to Administer & Transferable • J-2 Employment • Tax treaties • I • mage courtesy of tungphoto/ FreeDigitalPhotos.net • 212(E) • Image courtesy of watcharakun/ FreeDigitalPhotos.net

  6. Section 212(e) • What is it? • Am I subject? • How & why am I subject? • What can I do? • Appearances can be deceiving… • I • mage courtesy of Stuart Miles/ FreeDigitalPhotos.net

  7. Why me? • Skills List • Government Financing • Graduate Medical Education • Skills Image courtesy of Stuart Miles/ FreeDigitalPhotos.net Currency Image courtesy of jscreationzs/ FreeDigitalPhotos.net Dog Image courtesy of grant cochrane/ FreeDigitalPhotos.net

  8. But are you? • BUT: Is the Consulate always right? • Incorrect annotation on DS-2019 • Incorrect information on the visa stamp • Can Request an advisory opinion • I • buttons mage courtesy of Stuart Miles/ FreeDigitalPhotos.net Visa Image courtesy of foto76/ FreeDigitalPhotos.net

  9. Waivers: • No-Objection Waiver • Interested Government Agency/State health Waiver • Exceptional Hardship • Persecution • IImagecourtesy of master isolated images/ FreeDigitalPhotos.net Learn Image courtesy of Stuart Miles/ FreeDigitalPhotos.net

  10. Alternatives • Not all alternatives are created equal • If 212(e) exists: NO Change of Status; or, H-1B; L-1 visa • But: • You can obtain an O-1; TN; E-3; or, B-1/B-2 • If no 212(e) is not an issue, then all options are on the table • Image courtesy of Stuart Miles/ FreeDigitalPhotos.net

  11. H-1B Visas • Specialty Occupation • Cap Exempt v Cap Subject • H-1b at Cap exempt & concurrent PT H-1B at Cap Subject • H-1b is dual intent and can be maintained up until the day you get GC • Image courtesy of akarakingdoms/ FreeDigitalPhotos.net

  12. O-1 Visa • Sciences/Business: O-1A – Sustained acclaim. Top of the field. No kazarian… • A Waiver is not required to obtain O-Visa status if the applicant has an outstanding 212(e) requirement • Images courtesy of Stuart Miles/ FreeDigitalPhotos.net

  13. TN Visa • available to Canadian and Mexican citizens for certain professional positions • Initial TN can be requested for 3 years • Not Dual intent • No Waiver required to obtain a TN-Visa Stamp • Canada Image courtesy of mapichai/ FreeDigitalPhotos.net Mexico Image courtesy of Salvatore vuono/ FreeDigitalPhotos.net

  14. E-3 Visa • National of Australia • Specialty Occupation • Paid at the (higher of) the actual or prevailing wage • Image courtesy of Ohmega1982/ FreeDigitalPhotos.net

  15. B-1 Visa • Utilize the B-1 for a short term period • Restrictions: Usually paid from home country • Honorarium and incidental expenses for ‘usual academic activity’ – not more than 9 days; no more than 5 in a 6 month period I • Image courtesy of Surachai/ FreeDigitalPhotos.net

  16. IMMIGRANT VISAS

  17. EMPLOYER sponsored Versus SELF SPONSORED • Employer: Traditional method and (somewhat) easily navigable • Self: Gives you additional options; can open doors; but, restrictive. Be prepared and understand • Image courtesy of Stuart Miles/ FreeDigitalPhotos.net Image courtesy of renjithkrishnan/ FreeDigitalPhotos.net

  18. BE PREPARED • Circumstances can change • your career and your (self-sponsored) visa have a certain degree of cross over • Images courtesy of Stuart Miles/ FreeDigitalPhotos.net

  19. Employer Sponsored PERM Employer advertises the position to see if any qualified US Citizen or PR apply File with DOL. Upon certification, then file with USCIS PERM Special Handling Special Process for Universities designed to recruit the MOST QUALIFIED Applicant Outstanding Researcher (EB-1)‏: No Advertising 6 criteria, show you meet 2: Plus a minimum of 3 years experience Employer must show at least 3 full time employees and Position is “Permanent” (includes tenure, tenure track, at-will, etc.)‏

  20. Extraordinary Ability Evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. One-time achievement (that is, a major, international recognized award) OR Meet a minimum of three out of ten listed criteria

  21. Part Two of the TestThe Kazarian Memo Recognized as one of the few at the top of your field. Sustained national or international acclaim Image courtesy of vectoroliw/ FreeDigitalPhotos.net

  22. National Interest Waiver NIW Standards: Advanced Degree Substantial Intrinsic Merit National in Scope Serve the National Interest to a substantially greater degree than a U.S. Citizen with minimum qualifications

  23. EvidenceImage courtesy of Stuart Milesi/ FreeDigitalPhotos.net

  24. FINALIZING YOUR GREEN CARD

  25. Where Can you file? In the United States: File I-485, Adjustment of Status Overseas: Sent to NVC, then US Consulate in your Home Country

  26. What Does Retrogression Mean? Date must be current at time of filing AND at time of approval India or China you CANNOT file an I-485 based upon your EB2. This does not apply individuals from other countries file an I-485 based upon the EB-1 and the EB-1 is denied, the I-485 will be denied even if the EB-2 is still pending.

  27. Retrogression-Backlogs May 2014 Visa Bulletin EB-1 (Extraordinary Ability, Outstanding Professor or Researcher): Visa numbers are current for everyone and are expected to remain so for both countries. EB-2 (National Interest Waiver, PERM): China April 15, 2009 India November 15, 2004 All other countries current

  28. Congressional Bills ? ? ?

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