INTRODUCTION. Mary Ann Romero, presenting attorneyKretz
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1. University of New Mexico
April 1, 2011
3. OVERVIEW USCIS (U.S. Citizenship & Immigration Services) www.uscis.gov
ICE (Immigration & Customs Enforcement) www.ice.gov
CBP: Customs and Border Protection www.cbp.gov
Department of Labor www.dol.gov
U.S. Department of State www.state.gov
6. H1-B VISAS The H1B visa is a non-immigrant category established by USCIS to employ international workers with specialized training. The H-1B work visa is generally set aside for foreign workers in "specialty occupations" and fashion models of "distinguished merit and ability.“
The H1-B visa is issued in 3 year increments with the option to renew for an additional 3 years for a total of 6 years.
The H1-B visa is a dual intent visa that allows you to pursue legal permanent residence.
The H1B visa is subject to numerical limitations. START FILING APRIL 1ST IF YOUR EMPLOYER IS SUBJECT TO NUMERICAL LIMITATIONS.
7. H-1B REQUIREMENTSfor Employee A job offered to an Employee requiring at least a Bachelors Degree and the employee must have the corresponding degree and/or experience for the position.
Off-site Assignment of H1B Beneficiaries must adhere to prevailing wage requirements
Release of technical data and licensing requirements as per Export Administration Regulations & International Traffic in Arms Regulations
8. H-1B REQUIREMENTSfor Employer Employer must:
File Labor Condition Application (LCA) in accordance with the Department of Labor;
Pay 100% of prevailing wage established by the Department of Labor for specialty occupation;
Demonstrate Ability to Pay wage;
Pay prevailing wage within 30 days of entry or 60 days of change of status;
Provide reasonable costs of transportation home in case of termination;
9. H-1B FILING FEES Standard H1-B filing fee I-129 petition.: $325
ACWIA (Training) Fee: $1,500 or $750
Fraud Detection Fee: $500
Public Law 111-230 Fee: $2000 (for employers who employ 50 or more employees in the US with more than 50% of the US employees in H1B status)
Premium Processing Fee: $1225
Dependant’s of Primary H1-B applicant: $290
Time Frame depends on when the application is filed. Visit www.uscis.gov for exact processing times.
10. H-1B VISAS – HOT TIPS Visa availability:
Finding a job:
What if I get fired or laid off?
Can I change my employer?
Exempt (cap) vs.
11. TN VISAS NAFTA creates special economic and trade relationships for the United States, specifically Canada and Mexico. The nonimmigrant TN visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the U.S.
For a list of NAFTA professions:
12. TN VISA - REQUIREMENTS Must be a citizen of Mexico or Canada
Must have no intent to immigrate
Must have at least a Bachelor’s degree or licensure in home country to perform professional work
Profession must be on the NAFTA list
Issued for 3 years and renewable
13. TN VISA – FILING FEES Filing Fees
Premium Processing: $1225
Dependant’s of Primary H1-B applicant: $290
Time Frame : Visit www.uscis.gov for exact processing times.
14. O VISA CATEGORIES O-1 visa for Beneficiary’s of extraordinary ability, in particular, artists and athletes
O-2 visa for person accompanying or assisting an O-1 artist or athlete
O-3 Accompanying family members (spouse/unmarried children under 21 years old) NO EMPLOYMENT AUTHORIZATION
15. O VISAS The O-1 visa is a non-immigrant employment-based visa issued to foreign nationals who have extraordinary ability in the sciences, arts, education, business or athletics.
This visa is a dual intent visa that will allow you to pursue legal permanent residence.
17. Beneficiary must provide evidence in at least 3 of the following categories:
Beneficiary must provide proof or receipt of a nationally or internationally recognized award, such as the Nobel Prize;
Membership in an organization that requires outstanding achievement;
Published materials in professional or major trade publications;
Judgment of the work of others;
Original scientific or scholarly work of major significance in his/her filed;
Evidence of authorship of scholarly work;
Evidence that he/she ahs been employed at organization with distinguished reputations;
Has commanded or does command a high salary in relation to others in the field.
18. O VISAS – FILING FEES
19. J VISAS The process by which international students are hired and monitored as research and teaching assistants.
Some J1 visa holders become subject to the 2 year foreign residency requirement based on either government funding or country skills list.
If subject to 2 year foreign residence requirement, may still obtain O visa.
20. J VISA WAIVERS Waivers of 2 year requirement available based on the following:
Exceptional Hardship to USC or LPR spouse, parent, and/or child
No objection waiver
Request by U.S. Federal Executive Agency
International Medical Graduate
21. IMMIGRANT VISA CATEGORIES & DEFINITIONS EB-1
Aliens of extraordinary ability
Outstanding Professors and Researchers
National Interest Waivers
Labor Certification for positions requiring a Masters degree or higher
Labor Certifications for positions requiring a Bachelor’s degree or at least 2 years of experience
Special Handling Labor Certification (University Professors)
Schedule A Labor Certification (Group I & Group II)
23. EB-1 Aliens of Extraordinary AbilityREQUIREMENTS
Aliens of extraordinary ability must meet at least 3 of the following:
Receipt of lesser nationally or internationally recognized prizes or awards;
Membership in association in the field which classification is sought;
Published material about the person in professional or major trade publication or other major media;
Participation as a judge of the work of others;
Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance;
24. EB-1 Aliens of Extraordinary AbilityREQUIREMENTS cont’d Authorship of scholarly articles in the field;
Evidence that the Beneficiary’s work has been displayed in exhibitions or showcases;
Performance in a leading or critical role in distinguished organizations;
High salary or remuneration in relation to others in the field;
Evidence of commercial success.
25. EB – 1OUTSTANDING PROFESSORS AND RESEARCHERS EMPLOYEE Eligibility
Beneficiary is internationally recognized as outstanding in specific academic area:
Must have 3 years experience in teaching or research in the specific academic area (i.e. experience in teaching or research while working on advanced degree wherein the degree is acquired will count if the Beneficiary was fully responsibility for the class taught or if the research has been recognized as outstanding in the academic field).
26. EMPLOYER Eligibility
Must offer a position that is tenure or tenure track; OR
Comparable position at a university of institute of higher education to conduct research; OR
Comparable position to conduct research with private employer if it employs at least 3 persons full-time in research activities and the department, division or institution has achievements in an academic field;
28. EB-2 Aliens of Exceptional Ability
29. EB-2 Aliens of Extraordinary Ability
30. EB-2 Aliens of Extraordinary Ability National Interest Waiver requirements, must meet ANY 3 of the following criteria:
Degree relating to area of exceptional ability;
Letter from current or former employer showing at least 10 years experience;
License to practice profession;
Person has commanded a salary or remuneration demonstrating exceptional ability;
Membership in professional association;
Recognition for achievements and significant contributions.
31. EB-3 Labor Certification
32. EB-3 Labor Certification Requirements:
Permanent job offer
Prevailing wage must be paid as designated by NMDOL
Employer must have the ability to pay
33. Special Handling Labor Certification College/university teacher/professors ONLY
Employer must document competitive selection process within 18 months of alien’s formal selection
Show only that the Beneficiary is “more qualified”
35. EB Priority DatesApril 2011
36. Schedule A Labor Certification Foreign nationals of exceptional ability in the areas of science, arts and university teachers, specifically where there is no shortage in the job market.
Group I: Nurses and Physical Therapists
Group II: Aliens of exceptional ability in the sciences and in the arts
37. Other particular populations
38. Legal Permanent Residence What processes lead to permanent residence?
Family Petitioners (i.e. marriage, parents, siblings, children)
Adjustment of Status v. Visa Processing
39. General Visa Tips Final Thoughts Common mistakes / Generalizations
Importance of consulting with an attorney regarding the specifics of your case.
40. Mary Ann Romero
Attorney at Law