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Sharryn E. Ross, Partner www.rsl-law.com. MYTH AND REALITY. MYTH: If an attorney posts information on an internet site, I can trust that the information is correct. REALITY: The only site you can trust 100% on the internet is one that ends in .gov. _________________________________________

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Sharryn e ross partner www rsl law com

Sharryn E. Ross, Partnerwww.rsl-law.com


Myth and reality
MYTH AND REALITY

MYTH:

If an attorney posts information on an internet site, I can trust that the information is correct.

REALITY:

The only site you can trust 100% on the internet is one that ends in .gov.

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Myth and reality1

MYTH:

If my friend works in a very similar job to mine, and he has filed an application and been successful, I can do the same thing.

REALITY:

Every case is different. Even though a case appears similar, even small things might affect a case. Moreover, the immigration laws are constantly changing.

MYTH AND REALITY

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Myth and reality2
MYTH AND REALITY

MYTH:

A foreign national cannot begin working until

s/he has a Social Security Number (SSN).

REALITY:

  • A foreign national may begin working without an

    SSN provided that USCIS has authorized

    Employment.

  • The employer may set aside tax withholdings until the employee has obtained an SSN.

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Myth and reality3
MYTH AND REALITY

MYTH:

When the visa in a foreign

employee’s passport

expires, the person’s

authorized period of

stay in the US expires.

REALITY:

A visa stamp controls

the dates when a foreign

national may enter the US.

The white I-94 card

controls the individual’s

authorized period of stay

in the US.

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Types of employment visas

H-1B

H-1B1

L-1

TN

E-3

J-1

O-1

J-1 Trainee

Types of Employment Visas

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


H 1b visas temporary workers in specialty occupations
H-1B VISASTemporary Workers in Specialty Occupations

  • Available for individuals who work in “specialty occupations”

  • Must have at least a Bachelor’s degree in a specific field related to the job

  • Valid for 6 years, granted 3 years at a time (can be extended in certain circumstances)

  • Spouses and children can obtain H-4 visas.

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Myth and reality4

MYTH:

An employer may hire

an H-1B employee

only for full-time work.

REALITY:

An employer can hire

an H-1B employee for

part-time work also.

MYTH AND REALITY

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


H 1b cap gap
H-1B “Cap-Gap”

Since many students graduate in May, most OPT grants expire over the summer. Therefore, since new H-1B visas have a start date of October 1, there is a status gap between the expiration of the F-1 and the start of the H-1B in which the individual must leave the United States.

OPT Expires

June 1, 2007

H-1B visa begins

October 1, 2007.

F-1 Grace Period

ends July 31, 2007.

Individual must

depart the U.S.

Ross, Silverman & Levy LLP


H 1b visa temporary workers in specialty occupations

Advantages

Allows for Dual Intent

Portability – once you have a number under the cap, it sticks with you

Up to three years at a time

Disadvantages

Cap of 58,700 per Fiscal Year (plus 20,000 for beneficiaries with a U.S. Master’s degree or higher)

Employer- and Job-specific

Must meet prevailing wage

H-1B Visa (Temporary Workers in Specialty Occupations)

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


H 1b1 visas singapore chile

Advantages

No I-129 required for initial petition

6,300 available each Fiscal Year and cap has never been reached

Disadvantages

No dual intent

Cannot premium process

Only valid for 18 months upon initial entry

H-1B1 Visas (Singapore & Chile)

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Myth and reality5

MYTH:

Canadians have

unrestricted

authorization to work in

the United States.

REALITY:

Although Canadians

are visa exempt, they

must first obtain

permission from the

USCIS to work in the

United States.

MYTH AND REALITY

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Tn visas for canadians and mexicans in certain professions
TN VISASFor Canadians and Mexicans in Certain Professions

  • ONLY AVAILABLE FOR CITIZENS OF CANADA OR MEXICO

  • AVAILABLE FOR LIST OF PROFESSIONS UNDER NAFTA

  • GRANTED FOR ONE YEAR AT A TIME WITH INDEFINITE EXTENSIONS.

  • SPOUSES AND CHILDREN CAN OBTAIN TD VISAS

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Sampling of tn professionals

Engineers

Systems Analysts

University professors

Accountants

Economists

Graphic designers

Management Consultants

Mathematicians/ Statisticians

University research assistants

Dentists

Medical & Allied professionals (teaching or research)

Sampling of TN Professionals

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Sharryn e ross partner rsl law

Advantages

No annual cap.

Can be extended indefinitely.

Can be obtained at the border (no prior petition with USCIS required).

Disadvantages

No dual intent.

Issued for one-year periods

Limited number of professions which are eligible.

LCA required for Mexican TNs.

TN VISASFor Canadians and Mexicans in Certain Professions

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


E 3 visas for australians in specialty occupations

Advantages

Renewable indefinitely.

Two-year periods

No visa petition to USCIS.

Spouses of E-3 visa holders are eligible to work.

Disadvantages

Annual cap.

Limited to Australian nationals.

No dual intent.

E-3 VisasFor Australians in Specialty Occupations

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


J 1 exchange visitor visa trainee category

Advantages

No prevailing wage issue

If program exists, fast processing

No cap/Unlimited numbers

Spouses of J-1 visa holders are eligible to work

Disadvantages

No dual intent

Two-Year Foreign Residency Requirement

18-month period, non-renewable

J-1 Exchange Visitor Visa: “Trainee” Category

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


O 1 visa extraordinary ability

Advantages

No cap on O-1 visas

No definitive time limitation

Foreign nationals who are subject to the J-1 2-year foreign residency requirement can obtain an O-1 visa.

No prevailing wage requirement

No Fraud or Employer Training Fees

Disadvantages

The preparation for an O-1 visa requires a substantial amount of work and time

Standards that must be met to qualify for an O-1 visa are high

O-1 Visa (Extraordinary Ability)

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Myth and reality6
MYTH AND REALITY

MYTH:

A foreign national may transfer his or her

employment-based visa with another company to

a new employer.

REALITY:

The visa does not automatically transfer from one

company to another company; the new employer

must file a new visa petition, with supporting

documentation and requisite fees.

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Myth and reality7
MYTH AND REALITY

MYTH:

Only men from predominantly Muslim countries are subject to enhanced security checks.

REALITY:

Anyone applying for a visa to enter the U.S. who is engaged in activity that potentially threatens U.S. security or involves “dual use” or “sensitive technology” may be subject to enhanced security checks and an extended wait for visa processing.

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Sharryn e ross partner rsl law

Employment-based immigrants total approximately 140,000 each year. These are primarily skilled professionals with

exceptional ability and other priority workers, immigrating to jobs for which the U.S. Department of Labor has

certified that no qualified U.S. worker is available.

Source: American Immigration Lawyers Association InfoNet

Ross, Silverman & Levy LLP


Options for permanent residence
Options for year. These are primarily skilled professionals with Permanent Residence

  • PERM labor certification

  • Extraordinary Ability

  • Outstanding Researcher or Professor

  • National Interest Waiver

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Perm labor certifications
PERM Labor Certifications year. These are primarily skilled professionals with

Steps in the PERM-based permanent residence

process:

  • Advertise the position in two Sunday newspapers and several other locations

  • File PERM application online if no qualified applicants; date of filing becomes priority date for permanent residence application

  • Prepare & file I-140 immigrant visa petition and, if priority date (visa number) is current, I-485 application for permanent residence

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Myth and reality8

MYTH: year. These are primarily skilled professionals with

Anybody with a doctorate degree is eligible for a “fast-track” route to permanent residence.

REALITY:

A doctorate degree alone is not sufficient to qualify for a “fast- track”route to permanent residence without other critical qualifying evidence for the various “fast track”

options.

MYTH AND REALITY

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Permanent residence based on extraordinary ability
Permanent Residence based on: year. These are primarily skilled professionals with Extraordinary Ability

Must show that you have extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and your achievements must have been recognized in the field through extensive documentation.

Available only for those who have risen to the top of their field.

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Permanent residence based on outstanding researcher or professor
Permanent Residence based on: year. These are primarily skilled professionals with Outstanding Researcher or Professor

Petition filed by employer.

Must show that you are internationally recognized as outstanding in a specific academic field.

Must have a minimum of three years of experience in teaching and/or research (usually post degree).

Can only be used for tenure or tenure-track teaching or comparable research position.

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Permanent residence based on national interest waiver
Permanent Residence based on: year. These are primarily skilled professionals with National Interest Waiver

Can self-petition by proving that your admission into

the United States without a job offer is in the national

interest;

Must show that:

  • You will seek employment in an area of substantial intrinsic merit;

  • The benefit of your work will be national in scope; and

  • The national interest would be adversely affected if a labor certification is required.

    You must show that your individual work (not only your

    work as part of a team) is in the national interest.

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331


Helpful web links
Helpful Web Links year. These are primarily skilled professionals with

  • U.S. Dept. of State, Bureau of Consular Affairs: http://travel.state.gov

  • U.S. Consulate Visa Wait Times: http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php

  • USCIS: www.uscis.gov

  • U.S. State Department Visa bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

  • Reporting a Change of Address (AR-11) Online: https://egov.immigration.gov/crisgwi/go?action=coa

_________________________________________

Ross, Silverman & Levy LLP

59 Temple Place, Suite 605, Boston, MA 02111

Phone: (617) 542-5111 Fax: (617) 542-2331