Employment Based Immigration & Sponsorship Kelly E. Simon, Partner 314-552-6537 Office 314-602-6537 Mobile [email protected]
Dec 22, 2015
Employment Based Immigration & Sponsorship
Kelly E. Simon, Partner314-552-6537 Office314-602-6537 [email protected]
Agenda
Immigration 101
Strategies for Sponsoring Foreign Nationals
Questions
Part 1:Immigration 101
Glossary of Common Immigration Terms
Nonimmigrant – individual from foreign country who has the intent to visit the U.S. on a temporary (non-permanent) basis
Immigrant – individual from foreign country who has the intent to stay permanently in the U.S.
Frequent Nonimmigrant Statuses
F-1 (Students) H-1B (Specialized Professionals) TN (NAFTA Professional) L-1 (Intracompany Transfers)
F-1 Students
Student enrolled in full time course of study at U.S. educational institution
Paperwork prepared by school Work eligibility in limited circumstances• Curricular Practical Training• Optional Practical Training – 1 year of employment
following graduation
OPT
12 months is standard term
Additional 17 month extension is available if student has STEM degree and employer is enrolled in E-Verify
OPT Students can complete an I-9 based on documents provided by their school
H-1B – Specialized Professionals
Position must be “specialty occupation” Job must require and individual must have a
bachelor’s degree in the area of specialty or a related field
6 years Additional extensions become available, if
certain threshold steps are made in the green card process on behalf of the individual
H-1B – The CAP
Limited number of H-1B visas available each fiscal year
If you plan to hire someone who will need sponsorship, application must be filed by April 1 for October 1 start date
Lottery
H-1B Portability
Employees in H-1B status must work for the sponsoring employer in the position subject to the application
But, the employees are portable, meaning they can work for a new sponsoring employer• New employer must file a petition for change of
employer and get a receipt notice before new employment may begin
Green Card Process
Three steps to the green card process:• Labor Certification: Employer tests job market to
see if there are any U.S. workers willing and able to do the job
• Form I-140: Employer requests permission to sponsor employee for employment based green card
• Form I-485: Employee files green card application
Green Card Process
The demand exceeds the supply
Backlogs have been created – particularly for foreign nationals from China and India
For backlogged category, the wait can easily exceed 4 or 5 years
Part 2:Strategies for Hiring or
Sponsoring Foreign Nationals
The Most Critical Question:
Why sponsor a foreign national for work authorization?
Four Approaches to Sponsorship
Long Term Vacancies
Senior/High Level Positions
Specific Skills
Ad Hoc
The Strategy Questions
What is the internal protocol?
What is the nonimmigrant strategy?
What is the temporary to permanent strategy?
Part 3:Questions?