International Talent Acquisition and Immigration Law Interactive Seminar with Carl Shusterman Kennedy Information January 22, 2009
Jul 16, 2015
International Talent Acquisition and Immigration Law
Interactive Seminar with Carl Shusterman
Kennedy InformationJanuary 22, 2009
. . U S Immigration The Open Door
“ Give me your tired, your poor, your huddled masses yearning to breathe free.”
- Emma Lazarus
The Law Offices of Carl Shusterman
…The Door Slowly Closes
1875: Congress Bars Criminals & Prostitutes
1882: The Chinese Exclusion Act
1891: No “paupers, idiots, the insane, diseased persons or polygamists” or persons whose passage was paid for by another.
1917: No “illiterates, vagrants, stowaways, alcoholics”
1921: The quota system is introduced
The Law Offices of Carl Shusterman
:Navigating the Immigration Maze
: Immigration Clearing theHurdles
: Alphabet Soup Government- , , agencies USCIS DOL DOS
; Immigration Forms Big …enough to keep me warm
: Quotas Temporary & Permanent Visas
The Law Offices of Carl Shusterman
- Temporary Business Visas Part I
B-1 Business Visa
E-1 Treaty Trader
E-2 Treaty Investor
E-3 Australian Professional
H-1B Professional
H-3 Trainee
The Law Offices of Carl Shusterman
- Temporary Business Visas Part II
J-1 Exchange Visitor
L-1 Intracompany Transferee
O-1 Extraordinary Ability
P-1 Performers and Athletes
R-1 Religious Worker
TN Occupations
The Law Offices of Carl Shusterman
-1 H B Professionals Basic Qualifications
Possession of University Degree Job Requires University Degree Prevailing Wage Dual Intent
The Law Offices of Carl Shusterman
-1 - H B Professionals Limitations
Annual Numerical Caps - 65K and 20K 6,800 H-1B’s for Citizens of Singapore and
Chile Exemptions from Cap Maximum Duration – 6 years Exemptions from Maximum Duration No work permits for H-4 Spouses and Kids
The Law Offices of Carl Shusterman
– 1 J Exchange Visitors
Includes Medical Residents & Fellows
Two-Year Home Residency Requirement
Waivers from Two-Year Requirement
Work Permits for J-2 Spouses No Dual Intent
The Law Offices of Carl Shusterman
-1 L A Intracompany Managers andExecutives
Must be Employed Abroad for 1 Year In Same Capacity For Same Company Or for Parent, Subsidiary or Affiliate
The Law Offices of Carl Shusterman
-1 :L A Benefits and Limitations
No Numerical Cap No Prevailing Wage Requirement Maximum Duration – 7 Years Work Permits for L-2 Spouses Easy Transition to Permanent Residence Blanket Petitions Dual Intent
The Law Offices of Carl Shusterman
-1 L B Specialized KnowledgeWorkers
Must be Employed Abroad for 1 Year In Same Capacity For Same Company Or for Parent, Subsidiary or Affiliate
The Law Offices of Carl Shusterman
-1 :L B Benefits and Limitations
No Numerical Cap
No Prevailing Wage Requirement
Maximum Duration – 5 Years
Work Permits for L-2 Spouses
Requires PERM for Permanent Residence
Dual Intent
The Law Offices of Carl Shusterman
-1 O Extraordinary Ability Visas
For Those Who Have Risen to Top of Field
No Numerical Cap No Prevailing Wage Requirement No Maximum Duration - Initially for 3 Years No Work Permits for Spouses
The Law Offices of Carl Shusterman
( )TN Trade NAFTA
For Canadian and Mexican citizens only
60+ Occupations – Mostly Professionals
No Numerical Cap or Maximum Duration
Extensions Required Every Three Years
Canadians are Visa – Exempt
No Dual Intent
No Work Permits for Spouses
The Law Offices of Carl Shusterman
How to Obtain Permanent:Residence
Employment Relatives Visa Lottery Investment Asylum
The Law Offices of Carl Shusterman
( -1)Priority Workers EB
Persons of Extraordinary Ability Outstanding Professors and Researchers Multinational Managers and Executives
The Law Offices of Carl Shusterman
Persons with Advanced Degrees or ( -2) Exceptional Ability EB
M.D., J.D., Ph.D, Masters or Bachelors Plus Five Years
PERM Requirement – Recruiting for U.S. Workers
National Interest Waivers – For Physicians National Interest Waivers – For Others
The Law Offices of Carl Shusterman
Professional and Skilled Workers( -3)EB
Persons whose jobs Require 4-year Degree Persons whose jobs Require 2-years of
Experience PERM Requirement – Recruiting U.S.
Workers
The Law Offices of Carl Shusterman
– Green Cards through Employment:Procedure
Demonstrate that there are No Qualified U.S. Workers for Position
Prevailing Wage Requirement Advertisements in Print Media, Internet,
Job Fairs, etc.
The Law Offices of Carl Shusterman
– Green Cards through Employment :Waiting Times
Annual Numerical Cap – 140,000 including Spouses and Children
Visa Bulletin – Published Monthly by State Department
Per-Country Limitations - 7% Requirement Countries with Significant Backlogs Grounds of Inadmissibility
The Law Offices of Carl Shusterman
How to Obtain Additional Information and Stay Updated
Immigration Laws, Regulations & Procedures are Ever Changing
Our Website –www.shusterman.com Contains Thousands of Articles/Links U.S. Immigration Daily News Ticker Free, Monthly E-mail Newsletter – Over
57,000 Subscribers
The Law Offices of Carl Shusterman