US Immigration US Immigration Options: Options: Life After the Life After the

F-1F-1

By: Furqan Sunny Azhar, Esq.Azhar & Azhar, PLLC3010 Lyndon B. Johnson Fwy, Suite 650Dallas, TX 75234P: (972) 508-0011F: (214) 758-0086www.azharlawfirm.cominfo@azharlawfirm.com

Optional Practical Training Optional Practical Training (OPT)(OPT)

•Directly related to course or studies•Apply with USCIS•1 Year•STEM extension•17 months•Science, Tech, Eng. Math•E-Verified Employer

•Can travel•60 day grace period

H-1B: OverviewH-1B: Overview•Professional•Examples of Processionals: Engineer, Teacher, Financial Analyst, Accountant•Examples of Non-Professionals: Cook, Book Keeper, Cashier•6 year maximum in 3 year increments•Exceptions (recoupment, I-140)

•More than 1 employer•Part time of full time•Dual Intent•Prevailing Wage•H-4 (no work)

H-1B CAPH-1B CAP•65,000 (5,400 for Singapore and 1,400 for Chile)•20,000 for Master’s Degree or Higher•Cap Exempt•Non-profit organization•Universities and colleges•Research organizations (non-profit or government)•Transfer

•File on April 1 to begin on October 1•Cap Gap (F-1 and OPT extended, but need new I-20)

H-1B FeesH-1B Fees•$325 (I-129)•$500 (Fraud)•$750 or $1500 (Employee Training Fee)•$1225 (Premium Processing – Optional)•$290 (Family Members)

•Who has to pay these fees?

H-1B PortabilityH-1B Portability•Cap exempt•Can begin work upon filing•Lawfully admitted•Non-frivolous•Valid Status

H-1B TerminationH-1B Termination•Notify USCIS•Reasonable costs of return transportation•Change of status (B-2, F-1, derivative)

TN VisaTN Visa•NAFTA Agreement•List of occupations•Spouse and children get TD status•3 years for Canadians and 1 year for Mexicans•Non-immigrant intent•Apply: •Canadians at border•Mexicans at consular post

E-1/E-2E-1/E-2

•E-1 = Treaty Trader•Citizen of country•Qualifying business•50% ownership•Company’s trade must be with US

•E-2 = Treaty Investor•Citizen of country•50% ownership•Key employee•Substantial investment•Doing Business

R-1R-1

•Part of religious denomination for at least 2 years•Qualifications •501(c)(3)•Job offer in US•Maximum of 5 years

J-1J-1

•Foreign medical graduates•Training program•Maximum 7 years•2-year foreign residency

Employment Based Employment Based Immigrant VisasImmigrant Visas

•First Preference (Aliens of Extraordinary Ability, Outstanding Research and Professors, Multinational Managers and Executives)•Second Preference (Bachelor’s + 5 years Progressive Experience, Master’s or Higher)•Third Preference (Bachelor’s, Skilled Worker w/2 Years Experience)•Fourth Preference (Special Immigrants)•Fifth Preference (Employment Creation)

EB Visa Bulletin: March EB Visa Bulletin: March 20112011

EB-2 and EB-3EB-2 and EB-3

•Labor Certification•I-140•Priority Date•I-485

Family Based ImmigrationFamily Based Immigration

•Immediate Relative•Visa Bulletin: March 2011

What can an employer What can an employer ask you?ask you?

•Are you legally authorized to work?•Will you complete an I-9 form?•Employer cannot based on race, color, religion, sex, or national origin.•If I agree to pay you $60k, will you give the company $20k back?

THANKS FOR COMINGTHANKS FOR COMING