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© 2012 Lane Powell PC © 2012 Lane Powell PC
Hiring Global Talent through
the Use of US Immigration
Laws
Margaret D. Stock
Counsel to the Firm
© 2011 Lane Powell PC
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© 2012 Lane Powell PC
From “Alien” to “Citizen”
“Alien”
Non-immigrant
Immigrant (“green card”)
Citizen ASHRM 3/22/2011
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© 2012 Lane Powell PC
From “Alien” to “Citizen”
“Alien”
Non-immigrant
Immigrant (“green card”)
Citizen ASHRM 3/22/2011
5-15 years
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© 2012 Lane Powell PC
Why does it take so long?
● Artificial quotas that do not relate to the
realities of a global world
● Complexity of the process
● Constantly changing laws, regulations,
and policies
● Government inefficiency
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© 2012 Lane Powell PC
From “Alien” to “Citizen”
“Alien”
Non-immigrant
Immigrant (“green card”)
Citizen ASHRM 3/22/2011
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© 2012 Lane Powell PC
Popular Temporary Visas for
Global Employers
● B-1 (business visitor) in lieu of H-1b
● E-1/E-2 treaty trader, treaty investor
● F-1 (student) on OPT
● H-1B (professional worker) and H-1B1
● J-1 (exchange visitor)
● L-1 (intra-company transferee)
● O-1 (outstanding individual)
● TN (Canadians and Mexicans only)
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© 2012 Lane Powell PC
Additional temporary options
● E-3 (Australian specialty workers)
● H-2 (temporary worker)
H-2A
H-2B
● H-3 (trainee)
● Q (cultural exchange)
● Spouses of L-1 and E workers
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© 2012 Lane Powell PC
H-1B Requirements
● Job Requires a Bachelor’s Degree or
higher
● Foreigner has a Bachelor’s Degree or
higher
● Quota Number is available (or exemption
applies)
● Labor Condition Application has been
certified by DOL
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© 2012 Lane Powell PC
Key points about H-1B Visas
● H-1B visa holders can work for you
indefinitely—if you file for a green card for
them
● H-1B visas should mostly be reserved for
people who have bachelor’s degrees (or
higher)
● H-1B caps do not apply to all employers
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© 2012 Lane Powell PC Lane Powell
Spears Lubersky
LLP
“Green Card” Options
Labor Certification (“PERM”)
Converting L-1 to multinational manager or executive
Extraordinary ability
National Interest Waiver
Marriage
The Lottery
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© 2012 Lane Powell PC
Types of Categories
● (EB-1) Priority Workers: Extraordinary ability
Outstanding researcher
Multinational executive and manager
● (EB-2) Members of the Professions with Advanced Degrees & Persons of Exceptional Ability
● (EB-3) Skilled Workers, Professionals, and Other Workers
● Job Creation Investor Visa
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© 2012 Lane Powell PC
Pitfalls to Avoid #1
● Don’t let a person start working before
the person is authorized to work for you
● Solution: Understand the rules
regarding employment of foreign
workers—in some statuses, a person
can go to work immediately, in others,
you must have advance approval
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© 2012 Lane Powell PC
Pitfalls to Avoid #2
● Don’t let a foreign worker’s status
expire before you act to renew or
extend the status
● Solution: Calendar status expiration
dates and plan to file to change or
adjust status early
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© 2012 Lane Powell PC
Pitfalls to Avoid #3
● Don’t assume that immigration
processing will go smoothly
● Solution: Understand the complexities
of the immigration process and the
points where things may go wrong
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© 2012 Lane Powell PC
Pitfalls to Avoid #4
● Don’t assume that timing won’t be an
issue
● Solution: Understand how long it takes
to get approval for the different
immigration statuses and the steps
involved, and whether faster
processing is possible in an urgent
situation
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© 2012 Lane Powell PC
Pitfalls to Avoid #5
● Don’t apply for immigration status for
someone who is inadmissible to the US
● Solution: Vet people thoroughly with
an immigration lawyer before you
sponsor them
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© 2012 Lane Powell PC
Pitfalls to Avoid #6
● Don’t let a merger or acquisition go
through without checking on employee
immigration issues in the change of
ownership
● Solution: Review the immigration
status of the workforce before the
merger or acquisition, and plan for a
smooth transition
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© 2012 Lane Powell PC
Speeding Things Up
● Understand the agency culture
● Be organized and use checklists
● Ask for premium processing
● File in the correct location
● Pay the correct fees
● Sign the forms
● Use blue ink
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