CLARITY AND STRENGTH IN IMMIGRATION LAW Visa Options Post-Graduation and Beyond Overcoming Pitfalls...
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Transcript of CLARITY AND STRENGTH IN IMMIGRATION LAW Visa Options Post-Graduation and Beyond Overcoming Pitfalls...
Sumner Immigration Law PLLC CONFIDENTIAL 1
C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W
Visa Options Post-Graduation and Beyond
Overcoming Pitfalls & Obstacles on the Road to Success
Sumner Immigration Law PLLC CONFIDENTIAL 2
C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W
INTRODUCTION
Sumner Immigration Law PLLC CONFIDENTIAL 3
Terminology
PassportVisaI-94 cardImmigrant (permanent residence)Non-immigrantUS citizen
Sumner Immigration Law PLLC CONFIDENTIAL 4
C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W
POST-GRADUATION VISA OPTIONS
Sumner Immigration Law PLLC CONFIDENTIAL 5
Typical Post-Graduation Progression
PERMANENT RESIDENCE
May take years! Multiple avenues
H-1B PetitionValid for up to 6 years total Can start green card
Optional Practical TrainingValid for up to 12 months STEM Extension – 17 months
Sumner Immigration Law PLLC CONFIDENTIAL 6
Optional Practical Training
What is it? Who is eligible? How long can I have it? STEM Extension – 17 months
E-Verify EmployerSTEM Major
Sumner Immigration Law PLLC CONFIDENTIAL 7
C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W
H-1B CLASSIFICATION
Sumner Immigration Law PLLC CONFIDENTIAL 8
H-1B: What you need to know
H-1B Cap!65,000 + 20,000 for US master’s degree holdersApril 1 filing date
What is the H-1B classification?Eligibility
US employer willing to sponsor (pay fees)Specialty occupation
Sumner Immigration Law PLLC CONFIDENTIAL 9
H-1B: What you need to know
Specialty occupation: professional position in which a bachelor’s degree in a specific field of study is the minimum requirement for entry into the profession. Examples:
BookkeeperQuality assurance analystScientific researcher
Sumner Immigration Law PLLC CONFIDENTIAL 10
H-1B: What you need to know
Required wage – what the employer must payPrevailing wageActual wage
Timing of H-1B Petition FilingFile April 1Start working in H-1B status October 1Cap Gap!
Sumner Immigration Law PLLC CONFIDENTIAL 11
H-1B: What you need to know
H-1B Cap Gap:Must have timely filed a change of status petition while still in F-1/OPTPetition must be accepted/approved Can keep working until 10/1 even though OPT expiredIf petition denied/revoked/not selected, this does not apply
Sumner Immigration Law PLLC CONFIDENTIAL 12
H-1B: What you need to know
H-1B PreparationLabor Condition Application (LCA) – up to 7 business days for certificationQuestionnaires, document checklists, forms draftedFile April 1Receipt in late April/MayDecision – make sure decided before 10/1
Sumner Immigration Law PLLC CONFIDENTIAL 13
H-1B: What you need to know
H-1B Approval:Valid for up to 3 years; can extend for another 3 yearsWhen travel, H-1B visa stampingCan start green card process while in H-1B status
Sumner Immigration Law PLLC CONFIDENTIAL 14
ALL ROADS LEAD TO THE GREEN CARD
F-1 STUDENTF-1
OPT/STEM Extension
J-1/O-1/H-1B
H-1B
PERM Fast Track (EB-1/NIW)
GREEN CARD!
OR
Sumner Immigration Law PLLC CONFIDENTIAL 15
Pathways to Permanent Residence
Employment-BasedFamily-BasedAsylum Diversity Visa
Sumner Immigration Law PLLC CONFIDENTIAL 16
Employment-Based Permanent Residence Options
PERM Labor CertificationPERM Special Handling – for university professors/instructorsFast-Track Green Cards:
EB-1 Alien of Extraordinary AbilityOutstanding Researcher/ProfessorNational Interest Waiver
Sumner Immigration Law PLLC CONFIDENTIAL 17
Permanent Residence Process
I-485Must wait for priority date to become current 4 months + in process
I-140 Petition2-3 weeks to prep 4-5 months in process
PERM Labor Certification3-4 months to prep 8 + months in process
Sumner Immigration Law PLLC CONFIDENTIAL 18
C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W
WHAT IS A PRIORITY DATE & WHY DOES IT MATTER?
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What is the Visa Bulletin?
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PERM Labor Certification
Must show no US worker able, willing, qualified, and available for the positionSpecific recruitment process:
Job orderNewspaper adsNotice of filingThree of ten other steps (online, radio, TV, on campus recruiting, etc.).
Sumner Immigration Law PLLC CONFIDENTIAL 21
I-140 Petition
Position availableBeneficiary meets requirements for positionAbility to pay
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I-485 Application for Permanent Residence
Admissibility issues – medical exam, maintained status, criminal issues, etc. Can apply for work permit (EAD) and travel permit at this stage
Sumner Immigration Law PLLC CONFIDENTIAL 23
Requirements for Fast-Track Green Card
Nobel Prize (major international award) Publications
Impact FactorsCitations
Presentations – national & internationalJudging the work of othersAwardsMembership in associationsPublished materials about your work
Sumner Immigration Law PLLC CONFIDENTIAL 24
Requirements Continued
Original contribution of major significance to the fieldLeading or critical role at distinguished organizationCommand high salary
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Obstacle # 1
I wasn’t selected in the H-1B lottery!
When does OPT end?Eligible for STEM Extension?Change status to another classificationFamily-based optionsStay in F-1 status (start new degree)
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Obstacle # 2
Does your current immigration status allow you to apply for permanent residence?
H-1B – yesO-1 – yes, generallyJ-1 – maybe
WaiverTiming – waiver and petition
TN - maybe
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Obstacle # 3
My priority date may never be current!
Cross-chargeabilityRetain priority dateTwo filings
Dr. K’s filings – example of success
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Obstacle # 4
Help! I’m running out of time in H-1B status (6 year limit)
Be proactive – plan ahead!Post-sixth year extension
I-140 filing – 365 daysI-140 petition approved
Premium processingChange of status (O-1?)Family-based option?
Sumner Immigration Law PLLC CONFIDENTIAL 29
Elements for Success
What are your long-term goals?Be willing to be flexible & think outside the boxFind an experienced immigration attorney you trust & feel comfortable with
Sumner Immigration Law PLLC CONFIDENTIAL 30
C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W