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RCH Credit
Once approved, to earn RCH, you must: • Stay on the webinar for the full 60 minutes • Be watching the webinar using your unique URL • Certificates delivered electronically, to email address with which you registered • Certificates delivered no later than April 9, 2015
About the Speaker
Jon Velie, Immigration Attorney – Velie Law Firm Winner of the 2014 International Business Award (Gold Stevie) for Company of the Year-Legal Winner of the 2013 Business Excellence Award Best Overall Small Business Winner of the 2002 American Bar Association Legal Access to Justice Award Briefed three cases to Supreme Court Featured on 60 Minutes II, Time Magazine, New York Times and more International speaker on Immigration & editor of www.ImmigrationMagazine.com Clients in NBA, MLB, Americas Cup, NHL, Dr. who discovered AIDS, Fortune 500, Ski resorts,
industry leaders, entrepreneurs, tech companies, and start-ups
405.310.4333 (office) 405.821.5959 (cell) [email protected] www.OnLineVisas.com
Agenda
What you’ll learn: Overview of issues related to the timely H-1b visa, includes: • Timing • Approval Rate • Who needs to know about the H-1b visa? • The criteria of the H-1b visa with issues and practice pointers • Who meets the criteria • Alternative Visa Options • Questions and Answers
Play Ball
Can you can smell it? The greening of America is around the corner, a fresh new year has begun, you can hear the crack of computer keys, smell the crisp, bright white pages of I-129 forms. We are about to begin H-1b season. Are you ready for opening day? Do you realize it is likely the last day of the season too? But don’t worry its not too late, you won’t drop the ball.
The H cap
USCIS allocates 65,000 H-1b visas each fiscal year to foreign national professionals Additional 20,000 visas are allocated to Master Degree graduates from US universities.
Timing
• The fiscal year opens October 1st
• The earliest a visa can be submitted is six months prior to the start date or April 1st.
• Regulations mandate the filing period stay open for 5 days • Over 175,000 H-1b visas filed by April 5, 2014 • Don’t be an April Fool. File your H-1b visa on March 31, 2014 for receipt on
April 1, 2014 or you or your employee may not get approval to work on an H-1b visa until October 1, 2015.
Lottery
• USCIS has not announced whether it will utilize a lottery and typically will not until after April 1st.
• In 2013, it used a lottery to select 65,000 and the additional 20,000 from the 175,000 H-1b visas sent in from April 1-5.
• If the case is not accepted USCIS will send back with filing fees.
The Landscape
At the 2013 American Immigration Lawyers Association Annual Conference, it was announced that USCIS approvals for non-immigrant visas, (includes H-1bs and other work visas) dropped from 93% -73%
POLL BREAK
It’s time for our first poll question
Who needs to know about how
H-1b visas work?
Eddie Executive
Eddie Executive is CEO of Stupendous, a start-up in Silicon Valley that has just invented an application that will not only do your taxes, but also through using social media and your playlist you will generate enough money to pay them too. Venture capitalists have just funded the company and he needs some developers, designers, a project manager and sales manager, sales people, a model to be the face of the company, and a pilot to fly his new G5. Eddie just promoted Harriet to human resource manger and told her to scan the globe for the best workers and start hiring.
Harriet: Human Resource Manager
Harriet placed some ads and received a number of resumes. She found a number of the applicants were not U.S. citizens or green card holders. She searched some information about visas online but there was so much information. • Where should she start? • What is the process? • Can the candidates become employees?
H1-B
Specialty Occupation Professional Eligibility An international beneficiary who is offered a skilled specialty occupation by a U.S. Employer who qualifies as a professional worker may enter the U.S. temporarily to accept employment within his or her profession.
H1-B
Specialty Occupation Professional Applicability Professional positions. • Managers, accountants, lawyers, IT workers, marketing personnel or similar
positions. In plain language this is typically for college grads in jobs that require 4 year degrees. • Exception for those with work experience that equals degree equivalency 3 to 1 Ratio. Practice Pointer Use Experts
Specialty Occupation
Practice Pointer • Not all jobs are specialty occupations • Look at O*NET to see if there is a job with similar duties • Job Zone 4 or higher • University Degree or Higher required • Employer requires degree for the position • Industry typically requires a degree
Specialty Occupation
Practice Pointer • Employment Letter to USCIS must detail the components of the job • What percentage each component is to the job as a whole • How each component requires the relevant degree
7 Steps
Specialty Occupation
Duration • Three years, with the same employer in substantially the same professional
occupation as long as the underlying business on which the visa is based remains a viable trading entity.
• The visa can be renewed for 3 more years. • Can extend beyond 6 years if Labor Cert or I-140 for Permanent Residency is filed
365 days prior to expiration of sixth year.
H1-B Visa
Specialty Occupation Professional
Tidbits • Chile and Singapore are not subject to H-1b cap under treaty. • Australia, (E-3) Canada and Mexico (TN) have treaties with US that created
different but similar visas for professionals • Fashion models use H-1b visas.
The Applicants:
Who can get the H-1b visa?
Raxit
Raxit, a citizen of India, received his Master’s Degree in computer engineering from the University of Chicago and has numerous skills in IT. He has applied for the application developer position.
• Is he eligible under the H-1b? • Is he subject to the cap?
Ozzie Sales
Ozzie, a sales manager has worked in sales in a managerial role for 4 years. He has a degree from Sydney University, but it is equivalent to a 3 year US degree in business administration.
What issues are present? Is he subject to the cap?
Cindy Sales
Cindy has a degree in communication and marketing. She is applying for the sales job. It is a straight commission position.
What issues are present? What are the options?
Pablo the Pilot
Pablo the pilot received his degree in aviation from Chilean flight school. He has been flying professionally for ten years
Can he get an H-1b?
Marilyn the Model
Marilyn the model is from Paris and has graced the cover of Elle and Glamour magazines. Eddie believes she will make a great face for Stupendous!
Can she get an H-1b?
P.P.M.
Peter applied for the product manager position. He has a degree in
meteorology. However his transcript indicated he took classes in communication, marketing and a few business courses.
Can he get an H-1b? What issues are present?
POLL BREAK
It’s time for our second poll question
Other things to know about H-1b’s
But Wait, There is More
Adjusting to Permanent Residence
(Green card)
The process of moving from a temporary to permanent visa. AOS can be filed with EB-1 and some EB-2 I-140 green card petitions but not with other EB-2 and any EB-3 petitions as priority dates are not current. Practice Pointer Priority Dates for the dates AOS cases can be filed are released on the 15th of each month by the DOL http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html
H-1B’s That Are Not Subject To Cap
• Extensions: those that already have H-1b’s. • Practice Pointer: Can be employed for new company upon receipt of filing new H-1b • Institutions of higher ed. or related entities • Chileans or citizens of Singapore • An additional H-1b if under cap exempt H-1b.
Owners can file their own H-1b’s if:
Proof there is an employer-employee relationship. Factors: board, preferred stock holders, investors or other factors, (namely the right to hire, fire, pay, supervise or otherwise control the terms and conditions of your employment): • Employment agreement • Term sheet • Capitalization table • Stock purchase agreement • Investor rights agreement • Voting agreement • Organizational documents and operating agreements
Practice Pointer Note in the brief that you are one of the founders or owners of the company and explain how the evidence submitted shows that your company has the right to control the terms and conditions of your employment.
Alternative Options to
H-1b Visa
E-3 Visa
Specialty Occupation Professional
• E-3 is a treaty created version of the H-1b for professional Australians.
• E-3 is not subject to the same numerical limitation of visas per year.
• Spouses of E-3 can obtain work authorization.
• An E-3 visa is granted for up to two years. At the end of each two-year period, the Australian citizen may reapply for another E-3 visa. At present, there is no maximum number of times that an Australian citizen may renew his or her E-3 visa.
TN-1 Visa
NAFTA Workers
Eligibility A Canadian or Mexican citizen who seeks temporary entry as a professional may be admitted to the United States under the provisions of Appendix 1603.D.1 of Chapter 16 of NAFTA on a TN visa.
TN-1 Visa
NAFTA Workers
Applicability Similar applicability to the H-1b or E-3 except there is a list of qualifying jobs. Those that may have applicability are : Accountant, Computer Systems Analyst, Graphic Designer, Hotel Manager, Lawyer, Management Consultant. Consult the list or TN jobs before attempting to apply for a TN-1 visa.
POLL BREAK
It’s time for our third and final poll question
J-1 Visa
Management Trainee or Intern
Criteria • Sufficient funds • Educational or Employment Background • English speaking ability • Intent to leave the U.S. at end of stay
J-1 Visa
Management Trainee
Duration 18 months maximum Change of Status Changes of Status to other non-immigrant categories are not automatically granted. The exchange visa holder must have a privately funded J-1 Visa to be eligible to change status without first obtaining a waiver from the two-year foreign residency requirement.
J-1 Visa
Management Trainee
Practice Point Not all nations treated equally, refer to skills list or you could be subject to 2 year home residency requirement. http://travel.state.gov/content/visas/english/study-exchange/exchange/exchange-visitor-skills-list.html
E-1 and E-2 Visas
Treaty Trader/Treaty Investor
• Applicable to nationals of certain countries. • Can be used to start US company • No specific amount of investment needed, but must be reasonable to type of
industry. • USCIS have different interpretations. Determining whether to change status or
consular process must examine this issue as well as particular consulate’s process.
• Can use loans for investment. • Must have other investments. • Can’t create company just to create job. • Can be extended as long as company is viable • Alternative if cannot meet L-1 or EB-5.
O-1 Extraordinary Ability Visa
• Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:
• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
O-1 Extraordinary Ability Visa
• Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
• Original scientific, scholarly, or business-related contributions of major significance in the field
• Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
• A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
• Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
About Velie Law Firm
Velie Law Firm uses disruptive business model to the revolutionize the legal industry. Free Strategy We invest in you first Flat Fee Pricing Budget for the hire, no open checkbook. Proprietary Business Model is Best in the Industry. Team of 4 attorneys, and support staff of 12. Guaranteed approval or we re-file We embrace the difficulty of Immigration today. TEL: 405-310-4333 | FAX: 405-310-4334 [email protected]
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