NON-IMMIGRANT VISAS AND GREEN CARDS TO WORK AND LIVE IN THE UNITED STATES

Size: px
Start display at page:

Download "NON-IMMIGRANT VISAS AND GREEN CARDS TO WORK AND LIVE IN THE UNITED STATES"

Transcription

1 Visas & Green Cards in the US Columbus Consulting Group 1 NON-IMMIGRANT VISAS AND GREEN CARDS TO WORK AND LIVE IN THE UNITED STATES Please find below a non-exhaustive list of the most commonly used visas (nonimmigrant and immigrant) available to the business community. Non-immigrant visas Immigrant visas Visa Waiver Program (ESTA) Temporary Business Vistors B Employment Based E, H, L, O, I, TN Study and Exchange F, J Employment Based EB-1, EB-2, EB-3, EB-5 Family Based Green Card by marriage Summary Part 1: Visa Waiver Program (ESTA) Part 2: Non-immigrant visas I. Temporary Business Visitors (B) II. Employment Based (E, H, L, O, I, TN-TD) III. Study and Exchange (F, J) Part 3: Immigrant visas I. Employment Based (EB-1A, EB-1B, EB-1C, EB-2, EB-3, EB-5) II. Family Based 2015 Columbus Consulting Group All Rights Reserved 1

2 Visas & Green Cards in the US Columbus Consulting Group 2 Part 1: VISA WAIVER PROGRAM (ESTA) The Electronic System for Travel Authorization (ESTA) allows international travelers from certain countries (including France) to travel to the U.S. for leisure or business purposes with no visa, for a period of 90 days or less. The United States has provided a secure public website with an automated form to be completed, in order to apply for travel authorization. Once you enter the required biographic, travel, and credit card information on the secure website, your application is processed by the system to determine if you are eligible to travel to the United States, without a visa, under the Visa Waiver Program. The system will provide you with an automated response, and prior to boarding, a carrier will electronically verify with the United States Customs and Border Protection that you have an approved travel authorization on file. When you travel, you will need to have: A valid biometric passport, good for at least 6 months past the date of entry; A transportation ticket to leave the United States and return to your home country. Part 2: NON-IMMIGRANT VISAS Temporary Business Visitor B-1 Trader E-1 Investor E-2 Employee with specialty occupation H1-B Intra-Company Transfer L1-A, L1-B Individuals with Extraordinary Ability or Achievement O-1, O-2 Representatives of Foreign Media Professional Classification for Canadian and Mexican Nationals I TN I. TEMPORARY BUSINESS VISITORS: B-1 The B-1 classification allows foreign nationals to participate in business activities of a commercial or professional nature in the U.S., including, but not limited to: Consulting with business associates, potential clients and partners; Traveling for a scientific, educational, professional or business convention, or a conference on specific dates; Meetings with business profesionals; Negotiating a contract; Participating in short-term training; Transiting through the United States: certain persons may transit the United States with a B-1 visa. The following activities require a working visa, and may not be carried out by business visitors: Running a business; Working or earning a remuneration by an organization within the United States Columbus Consulting Group All Rights Reserved 2

3 Visas & Green Cards in the US Columbus Consulting Group 3 Requirements to qualify for a B-1 visa: The purpose of the trip is to enter the U.S. for business of a legitimate nature; The visa applicant plans to remain for a specific limited period of time; The visa applicant must have the funds to cover the expenses of the trip and his/her stay in the U.S.; The visa applicant must have a residence outside the U.S. which he/she does not intend to abandon, as well as other binding ties which will ensure his/her return abroad at the end of the visit. Period of Stay: The B-1 visa is generally granted for a ten (10) year period at the U.S. consulate. However, each visit to the U.S. is limited to six (6) months at the U.S. port of entry and can be extended for an additional 2 to 4 months. Family of B-1 Visa Holders: The spouse and children of a B-1 visa holder are not eligible to obtain a dependent visa. Employment: B-1 visa holders are not allowed to receive any kind of renumeration while staying in the U.S. II. EMPLOYMENT BASED: E, H, L, O, I, TN 1. E VISA (TRADER AND INVESTOR) The E category visa is used for foreign businesspersons, investors and key employees (managers and executives or highly skilled employees whose services are essential to the efficient operation of the U.S. subsidiary) who need to stay in the United States for extended periods of time to oversee an enterprise that represents a major investment in the United States. The E visa beneficiary must have the same nationality as the majority owner of the U.S. company. The E visa category is available only to nationals of countries with which the United States has signed a treaty of commerce and navigation or a bilateral investment treaty (such as France). The E classification is divided into two categories: E-1 and E-2. E-1: Treaty Trader Visa The E-1 treaty trader visa is for individuals coming to the U.S. to carry on substantial trade between the United States and the applicant s country of nationality (France for example). Requirements to qualify for an E-1 treaty trader visa: The applicant must be a national of a treaty country (France, for example); The U.S. trading entity must be owned in majority (at least 50%) by nationals of applicant s treaty country; The trading activity must be substantial, sizable and continuous (in number of shipments/transactions per month and its value in US $) The trade must be principally (at least 50%) between the United States and the applicant s treaty country; The items of the trade (products, services, etc.) must already exist Columbus Consulting Group All Rights Reserved 3

4 Visas & Green Cards in the US Columbus Consulting Group 4 E-2: Treaty Investor Visa The E-2 investor visa is for individuals coming to the U.S. to direct and develop the business operations of an entity in which they have already invested or are actively in the process of investing funds. Requirements to qualify for an E-2 treaty trader visa: The applicant must be a national of a treaty country; The investor must control the U.S. company by owning at least 50% of its stock; The investor must commit funds into a real operating enterprise. Passive or speculative investments are not considered qualifying investments. The investor can invest in a start-up company or purchase a qualifying existing business in which he will have an executive or a mangerial position; The investor must have control of the funds invested in the U.S. enterprise; The investment must be substantial with no minimum investment required. The U.S. consulate and USCIS look at the amount necessary to establish a viable enterprise based on the nature of the activity; The funds must have already started generating expenses for the use of the U.S. company (office lease, professional fees, equipment, employee s wages, etc.); The funds invested must be at risk, meaning that the capital must be subjected to total or partial loss if the investment fails, and; The enterprise cannot be marginal. It must have the capacity to generate more income than the minimal living for the investor and his/her family or to have a significant economic impact in the U.S. by creating job opportunities, and the like. Additional Information for E-1 and E-2 Visas Period of Stay: The length of stay on an E visa is determined by the alien s country of nationality. The maximum validity period of an E visa we can request at the U.S. consulate abroad (in Paris, France for example) is usually five (5) years. However, it can be extended indefinitely usually in five-year increments upon compliance with the visa requirements (with a company still being legitimate and active). Please, note that even though the E visa can be granted for up to a five-year period, the E visa holder will only be admitted into the U.S. for a two-year period at a time. E visa holders are not required to maintain a foreign residence, as long as it is their intention to leave the United States when their period of stay expires. Maintaining a Lawful E Status: The E visa holders are expected to maintain their status by engaging in the activities permitted by the Department of State and U.S. Citizenship and Immigration Services. A substantive change in the U.S. entity s basic characteristic, including a merger, acquisition, sale, or others, requires the filing of a new petition. In the case, that the Treaty country s ownership (French ownership for instance) falls below 50%, the U.S. company would lose its eligibility to sponsor E visas. Family members of the principal E visa holders: The spouse and unmarried children under the age of 21, of a principal E visa holder are also entitled to the E status, regardless of their nationality and for the same period of time as the principal. The spouse of an E visa holder is eligible for work authorization. The spouse must file an application once in the U.S. for employment authorization with the Department of Homeland Security and the employment authorization card is normally issued within 90 days of application. The unmarried children under the age of 21 of an E visa holder are not authorized to work but they are able to attend school under their E status Columbus Consulting Group All Rights Reserved 4

5 Visas & Green Cards in the US Columbus Consulting Group 5 Route to the Green Card: Despite its non-immmigrant intent, the E status can also serve as a path to a green card in the following ways: For the investor and owner of the U.S. company: the EB-1 (extraordinary ability) or the EB-5 Permanent Immigration category; For the employee: the EB-2 or EB-3 category. 2. H-1B VISA (SPECIALTY OCCUPATION) The H-1B visa is the most commonly used visa by employers in the United States to employ foreign nationals. It is a temporary professional visa that allows professionals to enter the United States to accept temporary employment within specialty occupations. A specialty occupation is one that requires theoretical or technical expertise in specialized fields and the attainment of a bachelor or higher degree in the specific specialty (or its equivalent in work experience) as a minimum for entry into the occupation in the U.S. Unlike many other nonimmigrant visas you don t have to prove that you plan to return home at the end of your U.S. stay as it has dual intent. Cap Limitation: Only the initial H-1B visa petition is subject to annual quota restrictions. A maximum of 65,000 H-1B nonimmigrant visas are issued per fiscal year (from October 1 to September 30) in addition to a separate quota of 20,000 petitions filed for a beneficiary who has obtained a U.S. Master s degree or higher. Furthermore, the cap does not apply to applicants filing H-1B petitions through institutions of higher education, nonprofit research organizations, and government research organizations applicants and filing for amendments, extensions, and transfers of their current H-1B visas which are then exempt from the cap. The USCIS begins accepting H-1B cap subject visa petitions on April 1st of each year but no more than six months before the H-1B start date. As such, the employer should contact an attorney three to four months in advance of April 1st, to make sure that the petitions are prepared and filed on time. An employer can request the premium processing service, which requires the USCIS to adjudicate the petition within 15 calendar days, by paying an additional fee. If the visa is accepted in the quota and approved in April, the employment start date would still be October 1st. Requirements to qualify for an H-1B visa: The employer must demonstrate that the proposed employment qualifies as a specialty occupation that requires a minimum of a Bachelor or higher degree. (i.e. accountant, acupuncturist, computer programmer, financial analyst, graphic designer, sales manager, etc.); The foreign national must have the required qualifications for the position, meaning: A U.S. baccalaureate or higher degree which is required by the specialty occupation; A foreign degree determined to be equivalent to that of a U.S. baccalaureate degree; or A combination of education and experience, which is equivalent to the required U.S. degree. Where licensure is required to practice a profession, the applicant must hold the appropriate licensure under state law; The employee must have the appropriate background for the job 2015 Columbus Consulting Group All Rights Reserved 5

6 Visas & Green Cards in the US Columbus Consulting Group 6 Additional Requirements for the H-1B Employer and Employee: The employer must pay its H-1B worker(s) at least the required wage, which must be equal to or higher than the minimum prevailing wage for similarly employed workers. The prevailing wage is the wage rate for the occupational classification in the geographical area of employment; The employer must pay certain costs and expenses on behalf of an H1-B employee, such as the return transportation costs of the H-1B employee if the employee is dismissed prior to the completion of the H-1B term; The H-1B employee can enter the U.S. under H-1B status up to ten (10) days in advance of the employment start date and is also granted permission to leave ten (10) days after expiration of his/her status. However, there is no grace period for H-1B employees who are terminated before the completion of the term of their visa; The H-1B visa is employer specific, meaning that the H-1B employee is limited to employment with the approved employer/petitioner only. With the Rule of Portability, it is possible to transfer the H1-B visa, once obtained) from one entity to another. However, a change of employer requires the filing of a new H-1B petition; H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S. Period of Stay: The H-1B visa is usually granted in three-year increments not to exceed a total of six years, unless a permanent residence application is in progress, in which event, additional extensions beyond six-years may be obtained. Although an extension is usually easier to get than the initial H-1B visa, it is not automatic. All the time the H-1B employee has spent outside the U.S. during the period of their H-1B employment can be subtracted and does not count toward the six-year period. As such, the time out of the U.S. may be recaptured to the six years. Additionally, if an H-1B holder remains outside the U.S. for one year, she/he may begin the six-year period anew, however the new H-1B petition would be subject to the H-1B cap. Route to a Green Card: The H-1B status can be a path to a green card through the EB-2 or EB-3 Immigrant categories. Family of H-1B Holders: The spouse and unmarried children under 21 years of age of an H-1B holder are eligible for H-4 status with the same restrictions as the principal. As of the end of May 2015, the spouse of an H-1B employee will be able to work by obtaining work authorization. 3. L VISA (INTRA-COMPANY TRANSFER) The L-1A nonimmigrant classification enables an employee to transfer from one foreign office to the subsidiary or sister company office in the United States. L-1A: Visa for Intra-Company Transferee Executive or Manager The L-1A nonimmigrant classification enables an executive (executive capacity generally refers to the employee s ability to make decisions of wide latitude without much oversight and direct a function) or manager (Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization) to transfer from the foreign office to the subsidiary or sister office in the United States Columbus Consulting Group All Rights Reserved 6

7 Visas & Green Cards in the US Columbus Consulting Group 7 L-1B: Visa for Specialized Knowledge Employees The L-1B nonimmigrant classification enables a professional employee with specialized knowledge to transfer from one foreign office to one of its subsidiary or sister offices in the United States. Requirements to qualify for the L-1A or an L-1B visa: There must be a qualifying relationship (at least a 50% ownership link) between the foreign company and the U.S entity; The U.S. company must be, or will be, doing business on a regular, systematic, and continuous basis, by providing goods and/or services; The foreign company must be doing business on a regular, systematic, and continuous basis, by providing goods and/or services; The visa applicant must have been working for foreign company for one (1) continuous year within the three years immediately preceding his/her admission to the United States; For an L-1A visa: The visa applicant must be seeking to enter the United States to render services in an executive or managerial capacity; For an L-1B visa: The visa applicant must be seeking to enter the United States to render services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations. You may work only for the U.S. employer who acted as your visa sponsor. Additional information for L-1A and L-1B Visas Period of Stay: New office: The maximum initial stay under an L-1 classification granted to establish a new office is one (1) year; Existing U.S. entity: You may obtain an initial stay of three (3) years for a transfer to an existing U.S. entity. Extensions of stays: may be granted in increments of up to an additional two (2) years, until the employee has reached the maximum limit of seven (7) years for an L-1A visa, or a maximum limit of five (5) years for an L-1B visa. All the time the L-1A/L-1B employee spends outside the U.S. may be subtracted and does not count toward the total validity period of the L visas. As such, the time spent outside of the U.S. may be recaptured. Family of L-1 Visa Holders: The spouse and unmarried children under 21 years of age, of an L-1 visa holder, are entitled to an L-2 classification, which is granted for the same period of stay as the employee. The spouse of an L-1 worker is authorized to apply for work authorization with the USCIS. Route to a Green Card: The L-1A status is considered a short path to a green card through the EB-1C Multinational Manager or Executive petition. An L-1B visa holder can also apply for the green card through the regular processes of the EB-2 or EB-3 categories Columbus Consulting Group All Rights Reserved 7

8 Visas & Green Cards in the US Columbus Consulting Group 8 4. O VISA (INDIVIDUALS WITH EXTRAORDINARY ABILITY OR ACHIEVEMENT) The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability and has been recognized nationally or internationally for those achievements. This classification is designed for the small percentage of individuals who have risen to the very top of their field of endeavor. The O classification is divided into three (3) categories: O-1A: is for extraordinary ability in the sciences, education, business, or athletics fields; O-1B: is for extraordinary ability in the arts or motion picture or television industries; O-2: refers to individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. O-1: Extraordinary ability Requirements to qualify for an O-1A or an O-1B visa: The visa applicant must demonstrate extraordinary ability by sustained national or international acclaim through the attainment of a number of eligibility criteria (press articles, Television interviews, authorship, selective memberships, participation as a jury member, distinguished prize or award, and letters of endorsement from peers in the industry); and The visa applicant must be coming to the United States temporarily to continue to work in the area of extraordinary ability; and The visa applicant must have an offer of employment from a petitioning employer. O-2: Support Visa The O-2 visa is available to support personnel of O-1 Visa holders in the fields of entertainment, athletics, and the motion picture and television production industries. Requirements to qualify for an O-2 visa: The visa applicant must establish his/her current essentiality and critical skills; and The visa applicant must establish that he/she has substantial experience performing the critical skills and essential support services for the O-1 visa holder. Additional information for O-1 and O-2 Visas Period of Stay: The O classification has an initial period of stay of up to three (3) years and subsequent extensions be granted in increments of up to one (1) year. There is no limit to the number of extensions. Family of O Visa Holders: The spouse and children under the age of 21 of an O visa holder are eligible to apply for O-3 visa classification, subject to the same period of admission as the O-1/O-2 worker. They are not eligible to work in the U.S., but they may engage in full or part time study. Return Transportation: Where the employment of an O nonimmigrant beneficiary is terminated for reasons other than voluntary resignation, the employer must pay for the cost of the O visa holder s return transportation Columbus Consulting Group All Rights Reserved 8

9 Visas & Green Cards in the US Columbus Consulting Group 9 Route to the Green Card: The O status is also considered a path to a green card through the EB-1(A) preference: Aliens of Extraordinary Ability or the EB-2(C) preference: National Interest Waiver petitions. 5. I VISA (REPRESENTATIVES OR FOREIGN MEDIA) The I nonimmigrant classification is available to Representatives of Foreign Media including reporters, film crews, editors, and similar occupations. Requirements to qualify for an I visa: The visa applicant must represent a foreign information media outlet (press, radio, film, or other foreign information media); The visa applicant must be coming to the U.S. to engage solely in this profession; The visa applicant must have a home office in a foreign country; The visa applicant s activities must be essential to the U.S. organization. Period of Stay: Admission under an I nonimmigrant visa is usually authorized for the duration of status. Consequently, no application for extension of stay is required to be filed as long as the media representative continues working for the same employer. Family of I Visa Holders: The spouse and children under the age of 21 of an I nonimmigrant visa holder are eligible to apply for an I nonimmigrant visa. They are not authorized to work, but they can stay and study in the U.S. 6. TN VISA (PROFESSIONAL CLASSIFICATION FOR CANADIAN AND MEXICAN NATIONALS) The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to engage in business activities at a professional level, including but not limited to computer systems analysis, accounting, management consulting, engineering, and sciences, in the U.S. Requirements to qualify for a TN status: The applicant must be a citizen of Canada or Mexico; The applicant s profession must qualify under the regulations; The position in the United States must require a NAFTA professional; The applicant must possess the qualifications required by the profession; The applicant has a full-time or part-time job with a U.S. employer. Period of Stay: The TN initial classification and extension of stays may be granted for periods up to three (3) years. Family of TN Status Holders: The spouse and children under the age of 21 of a TN Status holder may be eligible for TD nonimmigrant status even if they are not citizens of Mexico or Canada. The spouse and children are not eligible to work while in the United States, but they are permitted to study Columbus Consulting Group All Rights Reserved 9

10 Visas & Green Cards in the US Columbus Consulting Group F AND J VISA (STUDENT and TRAINEE VISA) There are two commonly used nonimmigrant visa categories if you wish to hire persons willing to complete a Post-completion training (OPT) under a valid F visa status or receive a training in the United States under a J-1 visa in your company. F-1: Academic Student The F-1 Academic Student visa allows a foreign national to enter the U.S. as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. The beneficiary s visa application is handled directly by the academic institution. Employment: During the first academic year: the F-1 visa holder may not work off-campus, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, the F-1 visa holder may engage in the three following types of off-campus employment: Curricular Practical Training (CPT); Optional Practical Training (OPT) (pre-completion or post-completion); Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT) The off-campus employment must be related to the F-1 visa holder s area of study and must be authorized by the Designated School Official and USCIS, prior to starting any work. Period of Stay: Upon arriving in the U.S F-1 visa holders are usually admitted for the duration of their student status. As such, students may stay as long as they are enrolled full-time in a school to complete their academic program. After the program ends, they have 60 days to depart the U.S. Family of F-1 Visa Holders: The spouse and unmarried children under the age of 21 of an F-1 visa holder can obtain F-2 status. They are not eligible to engage in employment, but an F-2 child may engage in full-time study through twelfth grade. However, a spouse in F-2 status may not engage in full-time study and may only participate in vocational or recreational programs without having to apply for a change of nonimmigrant classification to F-1. Requirements to qualify for the F-1 visa: The visa applicant must be enrolled in an academic educational program or a language-training program; The school must be authorized by the U.S. government to accept international students; The visa applicant must be enrolled as a full-time student at the institution; The visa applicant must be proficient in English or be enrolled in courses leading to English proficiency; The visa applicant must have sufficient funds available for self-support during the entire proposed course of study; The visa applicant must maintain a residence abroad which he/she has no intention of giving up Columbus Consulting Group All Rights Reserved 10

11 Visas & Green Cards in the US Columbus Consulting Group 11 J-1: Exchange Visitor Program The J-1 classification allows foreign nationals to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training. Our office doesn t handle J-1 visas but we will be happy to refer you to a specialized organization. J-1 visa applicants are sponsored by an exchange program designated by the U.S. Department of State to promote the interchange of persons, knowledge, and skills, in the fields of education, arts, and science. Exchange visitors programs include, but are not limited to: Specialists Students Trainees Teachers Camp counselors Nannies/Au pairs Professors or scholars Research assistants Requirements to qualify for the J-1 visa: The visa applicant must be sponsored by an organization approved by the Department of State; The visa applicant must be sufficiently proficient in English to participate in the program; The visa applicant must have a permanent residence in his/her home country, which he/she does not intend to abandon; The visa applicant must demonstrate that the U.S. program would be useful in his/her home. The requirements vary depending on the program selected. For the trainee program, the trainee must have: A degree or professional certificate from a foreign post-secondary academic institution outside the U.S. and at least one (1) year of prior related work experience in his/her occupational field outside the United States, OR Five years of work experience in his/her occupational field outside the United States. Duration of Stay: The J-1 classification is granted for the duration of the program. However, the maximum period of stay varies depending on the program selected. For the professional trainee program the J-1 classification can be granted for up to 18 months. Family of J-1 Visa Holders: The spouse and unmarried children under the age of 21 of a J-1 visa holder can obtain J-2 status. J-2 visa holders are eligible to engage in employment as long as the money they earn is not used to support the principal J-1 visa holder. J-2 visa holders can also attend school Columbus Consulting Group All Rights Reserved 11

12 Visas & Green Cards in the US Columbus Consulting Group 12 Part 3: Extraordinary Ability EB-1A Outstanding Professors and Researchers EB-1B Multinational Manager or Executive EB-1C Workers and Professionals EB-2, EB-3 Immigrant Investor EB-5 IMMIGRANT VISAS (GREEN CARDS) I. EMPLOYMENT BASED: EB-1, EB-2, EB-3, EB-5 1. EB-1 GREEN CARD EB-1A: Extraordinary Ability Applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim; Applicant s achievements must be recognized in his/her field through extensive documentation; Self-petition is available: no offer of employment is required as long as the applicant demonstrates that he/she will continue to work in the U.S. in the field in which he/she has extraordinary ability; Generally, applicants apply for the EB-1A category after being granted an O-1 visa (individual with extraordinary ability or achievement). Process: No labor certification required; Two step process: 1. I-140 or Immigrant Worker Petition: Premium Processing Available for the first step of the procedure, which guarantees an answer within 15 business days; 2. Adjustment of Status: Immigrant visa available right away. EB-1B: Outstanding Professors and Researchers Applicant must demonstrate international recognition for his/her outstanding achievements in a particular academic field; 2015 Columbus Consulting Group All Rights Reserved 12

13 Visas & Green Cards in the US Columbus Consulting Group 13 Applicant must have at least three (3) years experience in teaching or research in that academic area; Applicant must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education; Employer required: an offer of employment in the U.S. is required. Process: No labor certification required; Two step process: 1. I-140 or Immigrant Worker Petition: Premium Processing Available for the first step of the procedure, which guarantees an answer within 15 business days; 2. Adjustment of Status: Immigrant visa available right away. EB-1C: Multinational Manager or Executive Applicant must have been employed for at least one (1) year within the 3 years prior to admission to the United States under an L1-A visa; The foreign entity must be an affiliate, a parent or a branch of the U.S. entity; Applicant must be seeking to enter the U.S. to continue service to that firm or organization; Applicant s employment for the foreign company must have been in a managerial or executive capacity; Employer required: an offer of employment in the U.S. is required; Generally, applicants apply for the EB-1(C) category after being granted an L-1A visa: Intracompany Transferee Executive or Manager. Process: No labor certification required; Two step process: 1. I-140 or Immigrant Worker Petition: Premium Processing is NOT available for the first step of the procedure; 2. Adjustment of Status: Immigrant visa available right away. 2. EB-2 GREEN CARD: ADVANCED DEGREE AND NATIONAL INTEREST WAIVER EB-2A: Advanced Degree The job you apply for must require an advanced degree The applicant must possess the degree required by the job offered or its equivalent: at least a baccalaureate degree plus five (5) years of progressive work experience in the field) or a Master s degree Employer required: an offer of employment in the U.S. is required; Generally, applicants may apply for the EB-2(A) category after being granted any of the nonimmigrant visas mentioned above as long as the requirements are met. Three step process: 1. Labor certification: PERM application required to determine whether there are qualified and willing U.S. workers interested in the position offered; 2. I-140 or Petition: Premium Processing is available for the second step of the procedure Immigrant Worker Petition, which guarantees an answer within 15 business days; 2015 Columbus Consulting Group All Rights Reserved 13

14 Visas & Green Cards in the US Columbus Consulting Group Adjustment Of Status: Immigrant visa available right away. EB-2C: National Interest Waiver Applicant is requesting that the Labor Certification be waived because it is in the national interest of the U.S.; Applicant must seek employment in an area of substantial intrinsic merit; Applicant must show that his/her employment in the U.S. would greatly benefit the nation; Applicant must show that the national interest would be adversely affected if a labor certification were requested; Self-petition available: no offer of employment is required Process: Waive the PERM: the Applicant has to prove that waiving the labor certification requirement would be in the national interest; I-140 Petition: NO Premium Processing Available for the second step of the procedure; Adjustment Of Status: Immigrant visa available right away. 3. EB-3 GREEN CARD: SKILLED WORKERS AND PROFESSIONALS EB-3A: Skilled Workers Applicant must demonstrate at least two (2) years of job experience or training; Applicant must be performing work for which qualified workers are not available in the U.S.; Employer required: an offer of employment in the U.S. is required; Generally, applicants apply for the EB-3 (A) category after being granted any of the above mentioned non-immigrant visas as long as the above requirements are met. Three step process: 1. Labor certification: PERM application required to determine whether there are qualified and willing U.S. workers interested in the position offered; 2. I-140 Petition: Premium Processing is available for the second step of the procedure Immigrant Worker Petition, which guarantees an answer within 15 business days; 3. Adjustment of Status: Immigrant visa are not available right away; processing times can take up to five (5) years to obtain the green card. EB-3B: Professionals Applicant must demonstrate that he/she possesses a U.S. baccalaureate degree or foreign degree equivalent; Applicant must demonstrate that a baccalaureate degree is the normal requirement for entry into the occupation; Applicant must be performing work for which qualified workers are not available in the U.S.; Education and experience may not be substituted for a baccalaureate degree; Employer required: an offer of employment in the U.S. is required; 2015 Columbus Consulting Group All Rights Reserved 14

15 Visas & Green Cards in the US Columbus Consulting Group 15 Generally, applicants apply for the EB-3 (B) category after being granted any type of visa as long as the above requirements are met. Three step process: 1. Labor certification: PERM application required to determine whether there are qualified and willing U.S. worker interested in the position offered; 2. I-140 Petition: Premium Processing Available for the second step of the procedure Immigrant Worker Petition, which guarantees an answer within 15 business days); 3. Immigrant visa are not available right away. EB-3C: Unskilled Workers Other Workers Applicant must be capable, at the time the petition is filed, of performing unskilled labor; The position must require less than two (2) years training or experience; The job offered must not be of a temporary or seasonal nature; Qualified U.S. workers must not be available to perform the work. Three step process: 1. Labor certification: PERM application required to determine whether there are qualified and willing U.S. worker interested in the position offered; 2. I-140 Petition: Premium Processing is available for the second step of the procedure Immigrant Worker Petition, which guarantees an answer within 15 business days); 3. Immigrant visa are not available right away. 4. EB-5 GREEN CARD: IMMIGRANT INVESTOR The immigrant investor program, known as EB-5, is based on a qualifying U.S. investment in a new or existing commercial enterprise. The EB-5 program enables investors to obtain permanent resident status without requiring them to manage the day-to-day affairs of a business or being a majority owner, among others. Requirements to qualify for the EB-5 program: Applicant must invest in a new commercial enterprise engaged in a for-profit activity; The minimum qualifying investment in the U.S. is $1 million, except for investments made in a Targeted Employment Area (area experiencing unemployment of at least 150 percent of the national average rate) where the minimum qualifying investment is $500,000; Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two (2) years of the Applicant s admission to the U.S. as a Conditional Permanent Resident. Process: No labor certification required; Two step process; Premium Processing is not available; 2015 Columbus Consulting Group All Rights Reserved 15

16 Visas & Green Cards in the US Columbus Consulting Group 16 Immigrant visa available right away. The EB-5 investor, their spouse and qualifying children are granted Conditional Permanent Residence status for a two (2) year probationary period. Within 90 days of the 2-year conditional green card s expiration date, the investor must request removal of conditional permanent residency so that the investor and his/her family may continue to reside in the U.S. Failing to remove these conditions may result in termination of the Conditional Permanent Residence status II. FAMILY BASED 1. FAMILY OF A U.S. CITIZEN Description: U.S. citizens can file a Petition for Alien Relative for their family members to immigrate to the United States. U.S. Citizens can petition for the following immediate relatives, including: Spouses of U.S. citizens; Children (unmarried and under 21) of U.S. citizens; Parents of U.S. citizens (The petitioning citizen must be 21 or older.) Short term process: Visa number immediately available, i.e. immediate relatives can be granted permanent resident status within a short period of time. Other relatives qualifying in a family preference category : Unmarried sons or daughters over the age of 21; Married child(ren) of any age; Brothers and sisters (if the U.S. citizen petitioner is over the age of 21). Process: Premium Processing is not available; Visa availability varies depending on the Alien s relationship to the U.S. citizen. Additional information If the foreign national and the U.S. Citizen have been married less than two (2) years at the time that the immigrant petition is approved, the alien will receive a conditional permanent resident status valid for two (2) years instead of ten (10) years. The foreign national must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. The conditions must be removed or the foreign national will lose his/her permanent resident status. Once the condition has been removed, the green card will become a ten (10) year green card. However, if the couple has been married for over two (2) years, the alien will receive a permanent resident status valid for ten (10) years Columbus Consulting Group All Rights Reserved 16

17 Visas & Green Cards in the US Columbus Consulting Group 2. FAMILY OF A LAWFUL PERMANENT RESIDENT Description: A green card holder (i.e. permanent resident) may petition for certain family members to immigrate to the U.S. as permanent residents. A Permanent Resident may petition for the following family members: Spouse (husband or wife); Unmarried children under 21; Unmarried son or daughter of any age. Process: Long process: Premium Processing is not Available; Visa availability varies depending on the Alien s relationship to the Permanent Resident as well as the country where the Alien is immigrating from. If the permanent resident relative that petitioned for a foreign national becomes a U.S. Citizen, the alien s preference category changes and an immigrant visa may be available sooner. For additional information, please contact us: Isabelle Marcus, Founder & C.E.O. New York Office: +1 (212) San Francisco Office: + 1 (917) Columbus Consulting Group All Rights Reserved 17 17

Immigration Law Seminar

Immigration Law Seminar Immigration Law Seminar NONIMMIGRANT WORK VISAS H1-B, L-1, and E-2 IMMIGRANT VISAS EB-1 to EB-5 Speaker: Organizers: SHAHIN MOTALLEBI, ESQ. LAW OFFICES OF SHAHIN MOTALLEBI A R E A S O F P R A C T I C E

More information

Topics of Discussion. E Nonimmigrant Visas L Nonimmigrant Visas O Nonimmigrant Visas P Nonimmigrant Visas Employment-Based Immigrant Visas

Topics of Discussion. E Nonimmigrant Visas L Nonimmigrant Visas O Nonimmigrant Visas P Nonimmigrant Visas Employment-Based Immigrant Visas Topics of Discussion E Nonimmigrant Visas L Nonimmigrant Visas O Nonimmigrant Visas P Nonimmigrant Visas Employment-Based Immigrant Visas 2 Overview of E-1 1) Must be a national of treaty country 2) There

More information

1 If the department, school, administrative, office or foreign national is authorized by International Services to retain the services of an

1 If the department, school, administrative, office or foreign national is authorized by International Services to retain the services of an Policy Statement Regarding Sponsorship for U.S. Lawful Permanent Resident Status & H-1B Specialty Occupation Approved by Administrative Council October 8, 2008 Permanent Residency In a memorandum sent

More information

L1is a Visa for multinational managers and internal transfer staff with special skills.

L1is a Visa for multinational managers and internal transfer staff with special skills. L1A visa Transnational Manager Visa L1A L1is a Visa for multinational managers and internal transfer staff with special skills. Basically, there are three requirements for L1: 1. Currently be, or will

More information

IMMIGRATION OPTIONS FOR HEALTHCARE PROFESSIONALS

IMMIGRATION OPTIONS FOR HEALTHCARE PROFESSIONALS IMMIGRATION OPTIONS FOR HEALTHCARE PROFESSIONALS PRESENTATION FOR THE MGH POST- DOCS ASSOCIATION January 13, 2014 Presented by: Iandoli & Desai, PC Richard Iandoli Prasant Desai Eoin Reilly Madeline Cronin

More information

The Law Office of Linda M. Hoffman, P.C. Visa and Immigration Options

The Law Office of Linda M. Hoffman, P.C. Visa and Immigration Options The Law Office of Linda M. Hoffman, P.C. 919 18 th Street, N.W., Suite 250 Washington, D.C. 20006 Tel: (202) 331-9450 Fax: (202) 466-8151 www.hoffmanvisalaw.com Immigrant Visa Green Card Visa and Immigration

More information

IMMIGRATION OPTIONS FOR ENTREPRENEURS

IMMIGRATION OPTIONS FOR ENTREPRENEURS BOSTON HARTFORD STAMFORD NEW YORK NEWARK EAST BRUNSWICK PHILADELPHIA WILMINGTON WASHINGTON, DC IMMIGRATION OPTIONS FOR ENTREPRENEURS Amy Haberman Partner McCarter & English, LLP McCarter & English, LLP

More information

FINANCIAL AND ADMINISTRATIVE POLICY PERSONAL SERVICES PAYMENTS (F31) ATTACHMENT 8

FINANCIAL AND ADMINISTRATIVE POLICY PERSONAL SERVICES PAYMENTS (F31) ATTACHMENT 8 FINANCIAL AND ADMINISTRATIVE POLICY PERSONAL SERVICES PAYMENTS (F31) ATTACHMENT 8 FOREIGN NATIONALS IN NONIMMIGRANT VISA CLASSIFICATIONS WHO MAY BE LAWFULLY EMPLOYED &/OR STUDY IN THE U.S. WITH CERTAIN

More information

Immigration Seminar Transitioning To Temporary Work Visas (Nonimmigrant Visa Options)

Immigration Seminar Transitioning To Temporary Work Visas (Nonimmigrant Visa Options) Immigration Seminar Transitioning To Temporary Work Visas (Nonimmigrant Visa Options) 16030 Ventura Boulevard, Suite 300, Encino, CA 91436 T 818.435.3500 F 818.435.3535 Info@SostrinImmigration.com www.sostrinimmigration.com

More information

So Your H-1B Petition Is Not Selected What Now?

So Your H-1B Petition Is Not Selected What Now? Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com So Your H-1B Petition Is Not Selected What Now? Law360,

More information

Life After OPT. Tara Goldsmith Garganigo Goldsmith & Weiss 14 Penn Plaza, Suite 1020 New York, NY 10122 212-643-6400 212-643-6549 (fax) www.ggw.

Life After OPT. Tara Goldsmith Garganigo Goldsmith & Weiss 14 Penn Plaza, Suite 1020 New York, NY 10122 212-643-6400 212-643-6549 (fax) www.ggw. Life After OPT Tara Goldsmith Garganigo Goldsmith & Weiss 14 Penn Plaza, Suite 1020 New York, NY 10122 212-643-6400 212-643-6549 (fax) www.ggw.com I am graduating in May of 2010. How can I get authorization

More information

California State University, Los Angeles

California State University, Los Angeles California State University, Los Angeles Employment Sponsorship Handbook International Office Page 1 Table of Contents INTRODUCTION... 3 H-1B SPECIALITY OCCUPATION... 4 Government Regulations... 4 Who

More information

Immigration Sponsorship

Immigration Sponsorship Immigration Sponsorship Options after OPT An information session presented by Boston University s International Students & Scholars Office Guest speaker Sharryn Ross of Ross Silverman LLP Presenters Jeanne

More information

U.S. VISA OPTIONS FOR THE ENTERTAINMENT INDUSTRY

U.S. VISA OPTIONS FOR THE ENTERTAINMENT INDUSTRY 45 St. Clair Ave. W., Suite 1000 Toronto, Ontario Canada M4V 1K9 T: 416-598-8849 F: 416-598-0331 U.S. VISA OPTIONS FOR THE ENTERTAINMENT INDUSTRY I. OVERVIEW Since many production companies are interested

More information

CHAPTER 7: IMMIGRATION LAW FOR EMPLOYEES & INVESTORS

CHAPTER 7: IMMIGRATION LAW FOR EMPLOYEES & INVESTORS CHAPTER 7: IMMIGRATION LAW FOR EMPLOYEES & INVESTORS 7.1: EMPLOYMENT-BASED IMMIGRATION The typical process under employment-based immigration is to either enter the United States to create a business,

More information

Immigration Considerations for Entrepreneurial International Students

Immigration Considerations for Entrepreneurial International Students Immigration Considerations for Entrepreneurial International Students Presented by: Scott Cooper Managing Partner scooper@fragomen.com Tracy Schauff Senior Attorney tschauff@fragomen.com Fragomen, Del

More information

International Working Regulations U.S. Overview NAITA November 6, 2014

International Working Regulations U.S. Overview NAITA November 6, 2014 International Working Regulations U.S. Overview NAITA November 6, 2014 Nonimmigrants vs. Immigrants Foreign nationals coming to the U.S. temporarily Some are permitted to have dual intent - May enter as

More information

Immigration Seminar: From F-1 To Green Card 绿 卡 快 车 校 园 行 2014

Immigration Seminar: From F-1 To Green Card 绿 卡 快 车 校 园 行 2014 Immigration Seminar: From F-1 To Green Card 绿 卡 快 车 校 园 行 2014 KAMELI & ASSOCIATES, P.C. Established in 1996, the Law Offices of Kameli & Associates, P.C. is a full-service law firm with correspondent

More information

O Nonimmigrant Visas - Agents as Petitioners Stakeholder Teleconference

O Nonimmigrant Visas - Agents as Petitioners Stakeholder Teleconference U.S. Citizenship and Immigration Services Office of Public Engagement Washington, DC 20529 April 13, 2011 Executive Summary O Nonimmigrant Visas - Agents as Petitioners Stakeholder Teleconference Background

More information

U.S. Immigration Options for Hiring and Transferring Foreign Personnel

U.S. Immigration Options for Hiring and Transferring Foreign Personnel U.S. Immigration Options for Hiring and Transferring Foreign Personnel by H. Ronald Klasko * One of the critical concerns of foreign-owned companies establishing U.S. operations and of U.S. businesses

More information

IMMIGRATION MANUAL PREPARED BY: Office of General Counsel The California State University

IMMIGRATION MANUAL PREPARED BY: Office of General Counsel The California State University IMMIGRATION MANUAL PREPARED BY: Office of General Counsel The California State University REVISED: FEBRUARY 2012 Immigration Manual Table of Contents I. INTRODUCTION... 1 II. EMPLOYMENT... 1 A. Recruitment...

More information

Spouses and unmarried children under the age of 21 of an E1 or E2 nonimmigrant may be granted the same status to accompany the E1 or E2.

Spouses and unmarried children under the age of 21 of an E1 or E2 nonimmigrant may be granted the same status to accompany the E1 or E2. Nonimmigrant Treaty Traders and Investors and Immigrant Employment-Based Alien Entrepreneurs OVERVIEW The E1 and E2 nonimmigrant visa categories are comprised of treaty traders and treaty investors entitled

More information

O-1 Visa: Individuals with Extraordinary Ability or Achievement

O-1 Visa: Individuals with Extraordinary Ability or Achievement PDF Acrobat WWW.APSANLAW.COM 1 Original page: O-1 Visa: Individuals with Extraordinary Ability or Achievement O-1 Visa: Individuals with Extraordinary Ability or Achievement The O-1 nonimmigrant visa is

More information

Nonimmigrant-Based Employment Hiring a Foreign National for Short-Term Employment

Nonimmigrant-Based Employment Hiring a Foreign National for Short-Term Employment Nonimmigrant-Based Employment Hiring a Foreign National for Short-Term Employment OVERVIEW Employers sometimes need to hire foreign labor when there is a shortage of available U.S. workers. To help satisfy

More information

Immigration Consequences of Corporate Changes: What Every Business Lawyer Should Know. Presented by Sarah E. Buffett, Esq.

Immigration Consequences of Corporate Changes: What Every Business Lawyer Should Know. Presented by Sarah E. Buffett, Esq. Immigration Consequences of Corporate Changes: What Every Business Lawyer Should Know Presented by Sarah E. Buffett, Esq. Speaker Intro/Bio SARAH E. BUFFETT Sarah Buffett is a partner in the Charlotte

More information

Commonly Used Immigration Terms and Definitions

Commonly Used Immigration Terms and Definitions Immigration 101 In an effort to facilitate the ongoing immigration debate, the Bipartisan Policy Center (BPC) compiled the following overview of phrases, terms and information that are commonly used when

More information

Employment Based Immigration Issues. Nelli Nikova Bracewell & Giuliani LLP 713-221-3326 Nelli.Nikova@bgllp.com

Employment Based Immigration Issues. Nelli Nikova Bracewell & Giuliani LLP 713-221-3326 Nelli.Nikova@bgllp.com Employment Based Immigration Issues Nelli Nikova Bracewell & Giuliani LLP 713-221-3326 Nelli.Nikova@bgllp.com Non-immigrant v. Immigrant visa Only for a specific petitioning employer For a limited duration

More information

Sports Immigration in the United States

Sports Immigration in the United States Sports Immigration in the United States This article has been created for www.sportvisaamerica.com, a website produced by P. Christopher Jaensch and Jaensch Immigration Law Firm. I am an immigration lawyer

More information

LAYOFFS / TERMINATION OF EMPLOYMENT FREQUENTLY ASKED QUESTIONS

LAYOFFS / TERMINATION OF EMPLOYMENT FREQUENTLY ASKED QUESTIONS The information contained in this FAQ memo is general in nature. It cannot be used in lieu of advice from an attorney familiar with immigration law. We encourage you to seek counsel from an attorney who

More information

A U.S. IMMIGRATION LAW FIRM. Immigration Law Overview

A U.S. IMMIGRATION LAW FIRM. Immigration Law Overview A U.S. IMMIGRATION LAW FIRM Immigration Law Overview Deportation and Removal Proceedings Immigrants face removal from the United States if they are charged with a crime or are caught living or working

More information

Business and Investor Visas. Jonathan P. Howard Vice Consul, U.S. Embassy Brussels

Business and Investor Visas. Jonathan P. Howard Vice Consul, U.S. Embassy Brussels Business and Investor Visas Jonathan P. Howard Vice Consul, U.S. Embassy Brussels Business and Investor Visas Introduction and Caveats U.S. Immigration Law and Investors: A dual mandate to encourage investment

More information

Employer s Guide to Hiring International Students

Employer s Guide to Hiring International Students Why Hire International Students from Tuck Employment Authorization for International Students F-1 and J-1 Visas Continuing Employment after the Practical /Academic Training Period H-1B Visas Tuck School

More information

OFFICE OF BUSINESS LIAISON

OFFICE OF BUSINESS LIAISON OFFICE OF BUSINESS LIAISON U.S. DEPARTMENT OF HOMELAND SECURITY U.S. CITIZENSHIP AND IMMIGRATION SERVICES Employer Information Bulletin 19 Guide for Hiring Foreign Nurses December 23, 2003 EBISS: (800)

More information

Life After OPT: Work Visa Options

Life After OPT: Work Visa Options Life After OPT: Work Visa Options Wolfsdorf Immigration Law Group Cliff Rosenthal, Esq. Attorney at Law crosenthal@wolfsdorf.com 1-800-VISA-LAW 1416 2 nd Street Santa Monica, CA 90401 2011 Wolfsdorf Immigration

More information

In this O-1 Special Report you will learn the answer to critical questions: 5. Can I act as both the Petitioner and Beneficiary of my Visa?

In this O-1 Special Report you will learn the answer to critical questions: 5. Can I act as both the Petitioner and Beneficiary of my Visa? Thank you for ordering this O-1 Visa Special Report. This Special Report will expose you to the incredible possibilities available through the O-1 Visa. Extraordinary achievement in several fields of endeavor,

More information

Call. Visit 1-202-787-1944 www.visapro.com

Call. Visit 1-202-787-1944 www.visapro.com 1 HOW TO GET A GREEN CARD QUICK: KNOW YOUR OPTIONS The United States offers several expedited or quick ways to become a Permanent Resident (Green Card Holder). A Green Card allows you to live and work

More information

Immigration Forum. by Maureen O Sullivan Kaplan, O Sullivan & Friedman November 14, 2008 Harvard Medical School Campus

Immigration Forum. by Maureen O Sullivan Kaplan, O Sullivan & Friedman November 14, 2008 Harvard Medical School Campus Immigration Forum by Maureen O Sullivan Kaplan, O Sullivan & Friedman November 14, 2008 Harvard Medical School Campus Immigration All people who come to the U.S. are divided into: Non-immigrants Immigrants

More information

The H-1B Golden Ticket

The H-1B Golden Ticket The H-1B Visa The H-1B Golden Ticket The key to working in the U.S. after F-1 Very few other nonimmigrant visas granting authorization to work Obtaining legal permanent residency is usually a long process

More information

NONIMMIGRANT ADMISSION UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT

NONIMMIGRANT ADMISSION UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT NONIMMIGRANT ADMISSION UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT The North American Free Trade Agreement ( NAFTA ) is intended to promote and facilitate trade between the United States, Canada, and

More information

UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM 41.55 NOTES

UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM 41.55 NOTES 9 FAM 41.55 NOTES (CT:VISA-2189; 10-06-2014) (Office of Origin: CA/VO/L/R) 9 FAM 41.55 N1 INTRODUCTION (CT:VISA-1154; 02-17-2009) The O classification was created by the Immigration Act of 1990, Public

More information

The employment-based immigrant visa categories are commonly referred to as EB-1, EB-2, and EB-3. These categories are broken down as follows:

The employment-based immigrant visa categories are commonly referred to as EB-1, EB-2, and EB-3. These categories are broken down as follows: WHAT IS FAST-TRACK EMPLOYMENT-BASED IMMIGRATION? There are two basic procedures for attaining an employment-based immigrant visa. The first, and most common procedure is the Alien Employment Certification

More information

How To Complete Form I-9 for International Employees and Permanent Residents

How To Complete Form I-9 for International Employees and Permanent Residents LSU International Services Office How To Complete Form I-9 for International Employees and Permanent Residents A guide for Human Resource Representatives to ensure compliance with immigration regulations

More information

Guide to U.S. Business Visas for Foreign Entrepreneurs

Guide to U.S. Business Visas for Foreign Entrepreneurs Guide to U.S. Business Visas for Foreign Entrepreneurs Steve Maggi, Esq. SMA Law Firm smaggi@smalawyers.com Copyright 2015 All Rights Reserved 1 Table of Contents I. INTRODUCTION II. INVESTOR VISAS a)

More information

U.S. Immigration Options for Graduating Students and Other Professionals A Smorgasbord of Choices. By Bernard P. Wolfsdorf and Naveen R.

U.S. Immigration Options for Graduating Students and Other Professionals A Smorgasbord of Choices. By Bernard P. Wolfsdorf and Naveen R. U.S. Immigration Options for Graduating Students and Other Professionals A Smorgasbord of Choices By Bernard P. Wolfsdorf and Naveen R. Bhora While the H-1B specialty occupation visa is the best known

More information

Description Employment Study

Description Employment Study Visa Class A-1 A-2 Description Employment Study Foreign Diplomatic Personnel: Individuals in the U.S. as employees of a foreign government, e.g. ambassador, minister, diplomat, or consular officer. Dependent

More information

A Guide to Recruiting and Hiring Kellogg International MBA Students EADY O LEAD. NORTHWESTERN UNIVERSITY

A Guide to Recruiting and Hiring Kellogg International MBA Students EADY O LEAD. NORTHWESTERN UNIVERSITY A Guide to Recruiting and Hiring Kellogg International MBA Students EADY O LEAD. NORTHWESTERN UNIVERSITY THE KELLOGG SCHOOL OF MANAGEMENT GUIDE TO HIRING OUR INTERNATIONAL STUDENTS The world of business

More information

IMMIGRATION ISSUES FOR FOREIGN BUSINESSES March 25, 2014

IMMIGRATION ISSUES FOR FOREIGN BUSINESSES March 25, 2014 Session two of a five-part webinar series IMMIGRATION ISSUES FOR FOREIGN BUSINESSES March 25, 2014 Benjamin T. Kurten 414-298-8222 bkurten@reinhartlaw.com Robert J. Misey, Jr. 414-298-8135 rmisey@reinhartlaw.com

More information

PERMANENT RESIDENCY IN THE UNITED STATES (GREEN CARD)

PERMANENT RESIDENCY IN THE UNITED STATES (GREEN CARD) PERMANENT RESIDENCY IN THE UNITED STATES (GREEN CARD) I. Criteria for Lawful Permanent Residency (LPR) Sponsorship The following criteria must be met in order to be eligible for AU sponsorship for U.S.

More information

Welcome to Ontario Intra-Company Transfer Guide A Guide for Employers and Employees

Welcome to Ontario Intra-Company Transfer Guide A Guide for Employers and Employees Welcome to Ontario Intra-Company Transfer Guide A Guide for Employers and Employees Ministry of Economic Development and Trade Corporate Immigration Services Intra-Company Transfer Guide BACKGROUND Only

More information

New USCIS Immigration Benefit Application Fees

New USCIS Immigration Benefit Application Fees New USCIS Immigration Benefit Application s I-90 Application to Replace Permanent Resident Card $185 $190 To renew an expiring or expired green card or replace a lost or damaged card. I-102 Application

More information

Immigration Workshop for International Scholars, Faculty & Staff

Immigration Workshop for International Scholars, Faculty & Staff Immigration Workshop for International Scholars, Faculty & Staff During the seminar: Please use your Chat function to ask questions Cliff Rosenthal, Esq. crosenthal@wolfsdorf.com Wolfsdorf Immigration

More information

EMPLOYMENT OPTIONS FOR INTERNATIONAL STUDENTS

EMPLOYMENT OPTIONS FOR INTERNATIONAL STUDENTS EMPLOYMENT OPTIONS FOR INTERNATIONAL STUDENTS Dacia Gauer The Office of International Services http://www.hopkinsmedicine.org/intlsvcs/ F-1, J-1 & Beyond Employment Options for International Students Off

More information

Self Petition Green Card Options

Self Petition Green Card Options Self Petition Green Card Options Tien-Li (TL) Loke Walsh, Esq. Loke Walsh Immigration Law, PC tl@lokewalsh.com www.lokewalsh.com (310) 454-7920 881 Alma Real Drive, Suite 118 Pacific Palisades, CA 90272

More information

Global Immigration Practice Group

Global Immigration Practice Group Global Immigration Practice Group www.laborlawyers.com Fisher & Phillips LLP is the solution for your business immigration needs. For more than 25 years, Fisher & Phillips has advised employers in all

More information

Department of Homeland Security Breakdown

Department of Homeland Security Breakdown Department of Homeland Security Breakdown Department Of Homeland Security (DHS) Citizenship & Immigration Service (CIS) Good Branch naturalization, green cards, work authorization, Immigration & Customs

More information

CHANGE OF STATUS TO F-1

CHANGE OF STATUS TO F-1 CHANGE OF STATUS TO F-1 If you are currently on a non-immigrant status (except C, D, J subject to the two-year home residency requirement or K visa status) you may have the ability to change your status

More information

Our Mission. Paschal Nwokocha Law Offices Crown Roller Mill, 105 Fifth Avenue South, Suite 550, Minneapolis, MN 55401 www.paschal law.com 612.465.

Our Mission. Paschal Nwokocha Law Offices Crown Roller Mill, 105 Fifth Avenue South, Suite 550, Minneapolis, MN 55401 www.paschal law.com 612.465. Our Mission At Paschal Nwokocha Law Offices our mission is to provide the highest quality professional, client-driven legal services to businesses and individuals at reasonable rates. We believe the Immigration

More information

IO 101: Hiring & Inviting International Faculty & Scholars Presented by: International Student & Scholar Services

IO 101: Hiring & Inviting International Faculty & Scholars Presented by: International Student & Scholar Services IO 101: Hiring & Inviting International Faculty & Scholars Presented by: International Student & Scholar Services Introductions Faculty & Scholar Services team within International Student & Scholar Services,

More information

FACT SHEET. Identification and Legal Presence Requirements for Non-United States Citizens PUB 195NC (5-16)

FACT SHEET. Identification and Legal Presence Requirements for Non-United States Citizens PUB 195NC (5-16) PUB 195NC (5-16) FACT SHEET Identification and Legal Presence Requirements for Non-United States Citizens As part of a nationwide effort to enhance the issuance of secure identification credentials, Pennsylvania

More information

INFORMATION ON EB-1A VISA CATEGORY AND IMMIGRANT VISA PROCESSING VS. ADJUSTMENT OF STATUS. Presentation by Terry Yale Feiertag

INFORMATION ON EB-1A VISA CATEGORY AND IMMIGRANT VISA PROCESSING VS. ADJUSTMENT OF STATUS. Presentation by Terry Yale Feiertag INFORMATION ON EB-1A VISA CATEGORY AND IMMIGRANT VISA PROCESSING VS. ADJUSTMENT OF STATUS Presentation by Terry Yale Feiertag EB-1A VISA CATEGORY How to qualify for Legal Permanent Residence as an Extraordinary

More information

International Students

International Students FSU Office of Career Services Job Searching for International Students Plan your work; work your plan Information to help plan your job search Facts about Job Search for International Students Sample Email

More information

WORK OPTIONS FOR FOREIGN STUDENTS

WORK OPTIONS FOR FOREIGN STUDENTS WORK OPTIONS FOR FOREIGN STUDENTS David E. Gluckman, Esquire Jonathan L. Moore, Esquire Phone: (804) 775-3826 Phone: (804) 775-7227 Email: dgluckman@lawmh.com Email: jmoore@lawmh.com McCandlish Holton,

More information

Nonimmigrant Services

Nonimmigrant Services Nonimmigrant Services What information are you seeking? (Choose one below) Services for students and those interested in studying in the U.S. Extending your stay in your current nonimmigrant status or

More information

2015-2016 Exchange Visitor (J Visa) Regulations Handbook

2015-2016 Exchange Visitor (J Visa) Regulations Handbook 2015-2016 Exchange Visitor (J Visa) Regulations Handbook DASHEW CENTER FOR INTERNATIONAL STUDENTS & SCHOLARS www.internationalcenter.ucla.edu intl@saonet.ucla.edu Phone: (310) 825-1681 Fax: (310) 206-1612

More information

Poised for Recovery: Hospitality Visas in a New Economy

Poised for Recovery: Hospitality Visas in a New Economy Poised for Recovery: Hospitality Visas in a New Economy The Hospitality Law Conference February 11-13, 2013 Houston, Texas Jerome G. Grzeca, Esq. Grzeca Law Group, S.C. 1434 West State Street Milwaukee,

More information

PERMISSIBLE ACIVITIES FOR B-1 BUSINESS VISITOR

PERMISSIBLE ACIVITIES FOR B-1 BUSINESS VISITOR Employer Information Bulletin 99-03 Business Visitor Activities (6/00) UNITED STATES DEPARMENT OF JUSTICE IMMIGRATION AND NATURALIZATION SERVICE Office of Business Liaison Public inquires: Employer hotline

More information

General Information About the J-1 Exchange Visitor Program and Instructions for Departments Requesting Form DS-2019

General Information About the J-1 Exchange Visitor Program and Instructions for Departments Requesting Form DS-2019 International Center 219 University Center 303 East Kearsley Street Flint, MI 48502-1950 Email: ic@umflint.edu Phone: 810-762-0867 Fax: 810-762-0006 General Information About the J-1 Exchange Visitor Program

More information

H-1B Information Session - Carnegie Mellon -

H-1B Information Session - Carnegie Mellon - H-1B Information Session - Carnegie Mellon - Presented by: Linda Gentile, Director, OIE Larry Lebowitz,, Cohen & Grigsby WHAT WILL BE COVERED IN THIS SESSION? Transition from current status What is an

More information

ONE-TIME LECTURE FEE YES WITH RESTRICTIONS YES WITH RESTRICTIONS YES WITH RESTRICTIONS NO NO NO

ONE-TIME LECTURE FEE YES WITH RESTRICTIONS YES WITH RESTRICTIONS YES WITH RESTRICTIONS NO NO NO PAYMENTS THAT CAN BE ISSUED TO FOREIGN INDIVIDUALS 11/8/99 INS CLASSIFICATION DEFINITION OF VISA EMPLOYMENT INDEPENDENT CONTRACTOR HONORARIUM ONE-TIME LECTURE FEE RESEARCH SUBJECT FEE SCHOLASTIC AWARDS

More information

WHAT EMPLOYERS SHOULD KNOW ABOUT HIRING INTERNATIONAL STUDENTS

WHAT EMPLOYERS SHOULD KNOW ABOUT HIRING INTERNATIONAL STUDENTS Page 1 Introduction Many employers are concerned about liability related to the employment of international students in the United States due to changes in federal laws governing non-citizens, particularly

More information

Permanent Resident Green Cards

Permanent Resident Green Cards Permanent Resident Green Cards General Guidelines Many foreigners coming to the U.S. desire to obtain permanent resident Green Cards. A green card allows the holder to work for any employer and to travel

More information

Guidelines to Sponsor for Permanent Residency at Denver Public Schools

Guidelines to Sponsor for Permanent Residency at Denver Public Schools Guidelines to Sponsor for Permanent Residency at Denver Public Schools Denver Public Schools will sponsor international teachers to become Permanent Residents if the following is in place: The District

More information

Office of International Student and Scholar Services

Office of International Student and Scholar Services Info for Employers Office of International Student and Scholar Services Information for Employers about Hiring International Students Many employers are concerned about liability related to the employment

More information

STAFFING COMPANIES AND US IMMIGRATION: I-9S FOR OFFSITE WORKERS, H-1B SPONSORSHIP, AND OTHER CHALLENGES

STAFFING COMPANIES AND US IMMIGRATION: I-9S FOR OFFSITE WORKERS, H-1B SPONSORSHIP, AND OTHER CHALLENGES STAFFING COMPANIES AND US IMMIGRATION: I-9S FOR OFFSITE WORKERS, H-1B SPONSORSHIP, AND OTHER CHALLENGES Karen M. Kett Michael P. Nowlan (313) 965-3457 (313) 965-8666 kkett@ mnowlan@clarkill.com CONTACT

More information

Demystifying the U.S. Visa Process. U.S. Department of State U.S. Consulate General Toronto

Demystifying the U.S. Visa Process. U.S. Department of State U.S. Consulate General Toronto Demystifying the U.S. Visa Process U.S. Department of State U.S. Consulate General Toronto What s a visa? A Visa is: a permit to apply for entry to the U.S. A Visa does NOT: guarantee entry into the United

More information

International Student and Scholar Services Middle Tennessee State University. J-1 Visitor s Handbook

International Student and Scholar Services Middle Tennessee State University. J-1 Visitor s Handbook International Student and Scholar Services Middle Tennessee State University J-1 Visitor s Handbook Table of Contents Important Documents and Acronyms...1 Your Activities as a J-1 Visitor...3 Time Limits...4

More information

Immigration and Work Permit Considerations

Immigration and Work Permit Considerations doing business in Canada 46 g Immigration and Work Permit Considerations Canada s immigration legislation and programs are designed to assist the entry into Canada of business people and foreign skilled

More information

International Students as Startup Founders in the United States. The George Washington University Office of Entrepreneurship February 25, 2015

International Students as Startup Founders in the United States. The George Washington University Office of Entrepreneurship February 25, 2015 International Students as Startup Founders in the United States The George Washington University Office of Entrepreneurship February 25, 2015 Overview Many of the most innovative and fastest growing companies

More information

U.S. Immigration System. Processing Payments

U.S. Immigration System. Processing Payments U.S. Immigration System Typical Temporary Visas Used by Institutions of Higher Education Residency Status for IRS Tax Purposes Processing Payments 2 Basic Types of Immigration into the U.S. PERMANENT

More information

CHOOSING THE BEST VISA FOR YOUR CLIENT - WHAT WILL WE COVER TODAY?

CHOOSING THE BEST VISA FOR YOUR CLIENT - WHAT WILL WE COVER TODAY? CHOOSING THE BEST VISA FOR YOUR CLIENT - WHAT WILL WE COVER TODAY? WHY WORKING WITH OUR PROFESSIONAL TEAM IS CRITICAL TO PAIN-FREE VISA APPROVAL Requirements for each Visa type Comparing the Visas Importance

More information

International Programs International Scholar & Faculty Services E-3 INFORMATION Fees E-3 Eligibility

International Programs International Scholar & Faculty Services E-3 INFORMATION Fees E-3 Eligibility E-3 INFORMATION Departments wishing to hire an international employee should contact an International Faculty & Scholar Advisor at (ISFS) to determine which visa status best fits the position. If ISFS

More information

Guide for Employers Who Hire International Students

Guide for Employers Who Hire International Students Guide for Employers Who Hire International Students UC International TABLE OF CONTENTS Introduction...3 Why Hire International Students?...4 Frequently Asked Questions...5 Practical Training For F-1 Students...7

More information

Green Card for PhD. Compilation of answers to frequently asked questions related to Green Card preparation and aplication process.

Green Card for PhD. Compilation of answers to frequently asked questions related to Green Card preparation and aplication process. Green Card for PhD Compilation of answers to frequently asked questions related to Green Card preparation and aplication process. Compiled by GreenCardForPhd.com 2009-2013 (Revised 3/2013) This document

More information

UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM 41.54 NOTES

UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM 41.54 NOTES 9 FAM 41.54 NOTES (CT:VISA-2238; 12-19-2014) (Office of Origin: CA/VO/L/R) 9 FAM 41.54 N1 INTRODUCTION (CT:VISA-1417; 04-08-2010) a. Section 1(b) of Public Law 91-225 of April 7, 1970, created a nonimmigrant

More information

Business and Employment Immigration

Business and Employment Immigration Law Offices Of David J. Hart, P.A. Business and Employment Immigration David J. Hart, P.A. 21 Southeast First Avenue 10 th Floor Miami, Florida 33131 Table of Contents I. About The Firm.. 3 II. III. IV.

More information

Update to SEVP Optional MS 5600 Practical Training 500 12 th Street SW Washington, DC 20536-5600. April 23, 2010

Update to SEVP Optional MS 5600 Practical Training 500 12 th Street SW Washington, DC 20536-5600. April 23, 2010 Student and Exchange Visitor Program U.S. SEVP Department Policy Guidance of Homeland 1004-03 Security Update to SEVP Optional MS 5600 Practical Training 500 12 th Street SW Washington, DC 20536-5600 POLICY

More information

Work Visa Options After OPT

Work Visa Options After OPT Work Visa Options After OPT Wolfsdorf Immigration Law Group www.wolfsdorf.com Fuji Whittenburg (fwhittenburg@wolfsdorf.com) Attorney at Law 1-800-VISA-LAW New York City Los Angeles This presentation does

More information

FOGARTY INTERNATIONAL CENTER International Services Branch O-1 VISA PETITION

FOGARTY INTERNATIONAL CENTER International Services Branch O-1 VISA PETITION FOGARTY INTERNATIONAL CENTER International Services Branch O-1 VISA PETITION I. STATUTORY CRITERIA A. Eligibility: Alien of extraordinary ability who is among the small percentage of individuals who have

More information

EB-5 Immigrant Investor

EB-5 Immigrant Investor EB-5 Immigrant Investor I Visa Description The fifth employment based visa preference category, created by Congress in 1990, is available to immigrants seeking to enter the United States in order to invest

More information

VISA PROCESSING MANUAL FOR FOREIGN FACULTY, RESEARCHERS, AND TECHNICAL STAFF

VISA PROCESSING MANUAL FOR FOREIGN FACULTY, RESEARCHERS, AND TECHNICAL STAFF Department of Human Resources Office of Foreign Faculty and Scholars VISA PROCESSING MANUAL FOR FOREIGN FACULTY, RESEARCHERS, AND TECHNICAL STAFF This manual presents a general overview of procedures for

More information

Handbook. A guide to employer-based visa processing at KSU

Handbook. A guide to employer-based visa processing at KSU Employmentbased Visa Handbook A guide to employer-based visa processing at KSU The following information is provided as an aide to applicants, but does not represent advice surpassing that of a qualified

More information

O-1 ALIEN OF EXTRAORDINARY ABILITY

O-1 ALIEN OF EXTRAORDINARY ABILITY International Students and Scholars Office Cornell University B-50 Caldwell Hall Ithaca, NY 14853 O-1 ALIEN OF EXTRAORDINARY ABILITY The O- 1, for aliens of extraordinary ability in the sciences, education,

More information

Work Visa Options After OPT

Work Visa Options After OPT Work Visa Options After OPT Wolfsdorf Immigration Law Group www.wolfsdorf.com Fuji Whittenburg (fwhittenburg@wolfsdorf.com) Attorney at Law 1-800-VISA-LAW New York City Los Angeles This presentation does

More information

Guide to Social Security and Retirement

Guide to Social Security and Retirement Guide to Social Security and Retirement in the United States Social Security (SS) is a government program that pays monthly benefits to: retired workers; workers who are disabled; certain family members

More information

H-1B Application Checklist (submit as cover page)

H-1B Application Checklist (submit as cover page) H-1B Application Checklist (submit as cover page) From OSU Hiring School or College Submit Export Control Certification OSU must certify that a license is or is not required from the U.S. Department of

More information

+ Employer Compliance

+ Employer Compliance COMPLETING THE FORM I9 FOR F1 NONIMMIGRANTS: WHAT IS AN F1 VISA? Foreign Academic Student: The F1 is a nonimmigrant visa sponsored by certified U.S. schools that allows qualified foreign students to pursue

More information

ABC s of Immigration Law: Employment Based Immigrant Visas

ABC s of Immigration Law: Employment Based Immigrant Visas ABC s of Immigration Law: Employment Based Immigrant Visas Karin Wolman (d.l.), New York, NY Matthew Hirsch, Wayne, PA Charina Garcia, San Francisco, CA Permanent Residency Flowchart Labor Certification

More information

Stay connected with the U.S. Consulate General Toronto:

Stay connected with the U.S. Consulate General Toronto: Stay connected with the U.S. Consulate General Toronto: https://www.facebook.com/usconsulatetoronto https://twitter.com/usconstoronto https://instagram.com/usconstoronto Demystifying the U.S. Visa Process

More information

EB5 Program. Opportunity for Foreigner to get Permanent Residency using EB5 Program. EB-5VISA

EB5 Program. Opportunity for Foreigner to get Permanent Residency using EB5 Program. EB-5VISA EB5 Program Opportunity for Foreigner to get Permanent Residency using EB5 Program. History: EB-5 Visa for Immigrant Investors is a United States Visa created by the Immigration Act of 1990 and oversight

More information

HQ 70/6.2.8 JUN 19 2001

HQ 70/6.2.8 JUN 19 2001 MEMORANDUM FOR ALL SERVICE CENTER DIRECTORS; REGIONAL DIRECTORS; DIRECTOR, OFFICER DEVELOPMENT TRAINING FACILITY, GLYNCO DIRECTOR, OFFICER DEVELOPMENT TRAINING FACILITY, ARTESIA HQ 70/6.2.8 JUN 19 2001

More information