320 likes | 436 Views
Spring 2011. Immigration/Employment Options After Student Status. Art Serratelli, Esq. Vandeventer Black LLP firstname.lastname@example.org. Norfolk Richmond Raleigh Kitty Hawk. www.facebook.com/immigration.art “Friend Request”. Immigration Art
E N D
Spring 2011 Immigration/Employment Options After Student Status Art Serratelli, Esq. Vandeventer Black LLP email@example.com Norfolk Richmond Raleigh Kitty Hawk
www.facebook.com/immigration.art “Friend Request”
Immigration Art “Like” Our Page on Facebook
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?
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
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
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
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
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
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
1. Employment Step 3Post-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
1. Employment Step 3 Post-OPT job search options a. H-1B Which companies are hiring? www.myvisajobs.com
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+]
1. Employment Step 3 Post-OPT job search options d. TN [3 yrs+] Requirements • From Canada or Mexico • Job-title specific – see list
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!
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]
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
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
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
2. Marriage (Immediate) 2nd of 4 ways to get a green card Step 1F-1 or J-1 Step 2Green card based on marriage to U.S. citizen
3. DV Lottery 3rd of 4 ways to get a green card Step 1F-1 or J-1 Step 2Green 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
4. Family (Preference) 4th of 4 ways to obtain a green card Step 1F-1 or J-1 Step 2Green 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!
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
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!
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
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.
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?
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!
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
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
Contact information Arthur Serratelli, Esquire Partner & Chair, Immigration Law Group Vandeventer Black LLP Phone (direct line): 757-235-4624 E-mail: firstname.lastname@example.org www.facebook.com/immigration.art