h 1 b and beyond for international students by fakhoury law group

© 2014, Fakhoury Law Group, PC

FAKHOURY LAW GROUP

H-1B and Beyond

•  Disclaimer & Introduction to Fakhoury Law Group •  Overview of Immigration Categories •  F-1 Optional Practical Training (OPT) •  H-1B •  TN •  O-1 •  Employment-Based Green Card Categories


Agenda ________________________________________________________


Disclaimer _______________________________________________________

The materials contained in this PowerPoint do not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.


About Fakhoury Law Group _______________________________________________________ •  Founded in 1997, global staff of over 60

attorneys, paralegals and immigration consultants.

•  Premier- AV Rated Immigration law Firm.

•  Leaders in providing Global Immigration

Services for over 100 countries. •  Multi-national presence with offices and

partners across the globe •  ISO 9001-2008 certified

Lean Processes

and Technology

Outstanding Value Proposition

Exceptional Legal

Expertise

Overview of Immigration Categories Non-Immigrant Visas Immigrant Visas

A, B, C, D, E-1, E-2, F, J, G, H-1B, H-2B, I-1, K-1, L-1, M, O-1, P, Q, TN, R, T, U, V etc.

EB-1 •  Extraordinary Ability •  Multinational Managers/Executives •  Outstanding Professors/Researchers,

EB-2 •  Advanced Degreed Professionals •  National Interest Waiver EB-3 •  Professionals •  Skilled Workers

EB-4 (Certain Special Immigrants)

EB-5 (Employment Creation)


Introduction to L-1 Visa Category



Optional Practical Training ________________________________________________________

•  DSO must approve and update I-20 •  Post completion OPT occurs after student completes

studies •  Limited to 12 months •  Employment must relate to degree earned •  Must apply for an EAD •  May be part-time or full-time employment •  Apply 90 days prior to completing program •  Job offer is not required •  Only 90 days of unemployment permitted




STEM Optional Practical Training ________________________________________________________

•  What does STEM stand for? •  Additional 17 month period of OPT •  DHS STEM designated degree program list –

www.ice/gov/sevis •  Employment must relate to degree earned •  Employer must be registered with E-Verify •  Must apply for a new EAD •  May work for up to 180 days while EAD pending •  May have up to 120 days of unemployment.






H-1B Category _______________________________________________________

Eligibility •  Position must be a Specialty Occupation •  Specialty Occupation requires a Bachelor’s Degree (or

equivalent) or higher •  Foreign worker must possess a Bachelor’s Degree (or

equivalent) or higher in a field related to the position Limitation •  65,000 per fiscal year •  20,000 for U.S. Master’s Degree Holders



_____________________________________________________________________ Duration •  Initial H-1B is granted for three (3) years •  Renewals granted for an additional three (3) year period •  Maximum period of six (6) years •  Exception: Approved Form I-140 or Form 9089 filed

more than 365 days prior Dependents •  Spouse and children are eligible to apply for H-4 visa for

same duration as the H-1B holder •  H-4 holders may attend school, but may not work.


H-1B Category (continued)


H-1B Category (continued) _______________________________________________________

Timing •  H-1B cap petitions filed on April 1st prior to fiscal year •  May begin work on October 1st of the fiscal year •  Fiscal year runs from October 1st to September 30th •  Exceptions: Cap-Exempt Employers and Cap-Exempt

Foreign Nationals Costs •  $325.00; $500.00; $750.00 (or $1,500.00 if employ 26 or

more workers, $2,000.00 (applies if employ 50 or more workers and half are H-1Bs or L-1s); $1,225.00 (optional premium processing fee)

v

H-1B Cap Gap Relief _______________________________________________________

© 2014, Fakhoury Global Immigration

Graduation June 2014

OPT starts July 2014

File H-1B April 1, 2015

OPT ends July 2015

October 1 2015 (H-1B starts)

If H-1B petition is selected in the H-1B lottery, the cap gap period would apply in above example and extend F-1 status and employment authorization for the foreign national through September 30th.

O-1 Category •  Extraordinary ability in the sciences, arts, business, or

athletics. •  National or international acclaim by receipt of a major

internationally recognized award, or documenting at least three (3) of the following:

•  Receipt of nationally or internationally recognized awards •  Membership in an organization that requires outstanding achievement •  Published materials about the foreign national in a trade publications •  Evidence the foreign national has judged the work of others •  Original scientific or scholarly work of major significance •  Evidence of authorship of scholarly work or articles; •  Evidence of employment in a critical or essential capacity •  Evidence the foreign national has commanded a high salary •  Other



TN Category _______________________________________________________

TN Category (General) •  Created by the North American Free Trade Agreement

(NAFTA) •  Allows Citizens of Canada and Mexico to work in the U.S. •  Only professions in NAFTA qualify (See Appendix 1603.D.1

Under NAFTA for list of professions) •  Employment may be full or part-time •  Applicant must meet the education requirement listed under

NAFTA for the profession


TN Category (continued) _______________________________________________________

TN -1 (Canadian Citizens) •  No visa stamp is required •  May apply directly at a U.S. Port of Entry •  Application at U.S. Port of Entry is $56.00 •  Must present evidence meet education and licensure requirements

(if applicable) •  Must present letter of employment •  Spouse and children issued TD status •  Given for a maximum period of three (3) years •  Will need to apply for TN visa if family members are non-

Canadian citizens


TN Category (continued) _______________________________________________________

TN -2 (Mexican Citizens) •  A TN visa stamp is required •  Must apply at U.S. Embassy or Consulate for TN visa stamp •  Must pay $160.00 application fee •  Must have interview at U.S. Embassy or Consulate •  Must present evidence meet education and licensure requirements

(if applicable) •  Must present letter of employment •  Spouse and children may apply for TD Visas •  Given for a maximum period of three (3) years


Employment-Based Green Card Options _______________________________________________________

EB-1 Alien of Extraordinary Ability Outstanding Professor Researcher EB-2 Advanced Degree Professional (PERM labor certification) Advanced Degree Professional seeking National Interest Waiver EB-3 Professional (PERM labor certification) Skilled Worker (PERM labor certification

© 2013, Fakhoury Global Immigration

3290 West Big Beaver Road, Suite 510, Troy, MI 48084 Phone: 248-643-4900 Fax: 248-643-4907

[email protected] www.employmentimmigration.com


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