- 1. Getting in the GameApril 27, 2011Jill K. Soubel, Esq. The
Rudnick Spector FirmPhiladelphia, PA 2011 Jill K. Soubel
2. Jill K. Soubel, Esq.Sr. Associate 1608 Walnut St., Ste. 1700
Philadelphia, PA 19103T: (215) 690 5090 E:
[email protected]://www.rudnickspector.com 2011 Jill
K. Soubel 3. Introduction TerminologyNon-Immigrant v. ImmigrantVisa
v. Stay v. StatusVisa Types Nonimmigrant ProcessFiling in the
U.S.Visa Application at a U.S. ConsulateEntering the U.S.Extending
Status & Stay in the U.S. 2011 Jill K. Soubel 4. Visa Waiver
Program (VWP) B-1 Visa P-1 Visa O-1 Visa ImmigrantVisas
Hypotheticals 2011 Jill K. Soubel 5. The Law Immigration &
Nationality Act 8 CFR Regulations Title 9 Foreign Affairs Manual
The Players Department of Homeland Security (DHS) USCIS: US
Citizenship & Immigration Services CBP: Customs & Border
Protection ICE: Immigration & Customs Enforcement Department of
State (DOS) U.S. Embassy/Consulates 2011 Jill K. Soubel 6.
Nonimmigrant: a foreign national (FN) who legally enters the U.S.
for a limited amount of time without the intent to reside
permanently in the U.S. Permissible Activities: Travel, work, study
Limited duration of stay Dual Intent: Certain nonimmigrants are
allowed to intend to reside permanently in the U.S. (H-1B, L-1)
2011 Jill K. Soubel 7. Immigrant:a FN who legally enters the U.S.
with the intention of permanent residing in the U.S. Basis for
immigrant status Family Work Preference system with limited number
of immigrant visas available each year Backlogs based on preference
and nationality of the intending immigrant 2011 Jill K. Soubel 8.
Visa A visa is a stamp that is affixed by a U.S. Consulate to a FNs
passport A visa allows a FN to present him/herself for admission to
the U.S. at the border The border can be: Land, Sea, or Air Visa
can be nonimmigrant or immigrant 2011 Jill K. Soubel 9. 2011 Jill
K. Soubel 10. Stay Amount of time FN is admitted to U.S., as
determined by DOS and/or USCIS At U.S. border, FN will receive I-94
card with red entry stamp, indicating length of permitted stay. If
extending stay in U.S., FN will receive a new I-94 card at bottom
of approval notice. 2011 Jill K. Soubel 11. 2011 Jill K. Soubel 12.
Status Authority by which FN is in the U.S. Nonimmigrants: H-1B
status Immigrants: Legal Permanent Resident (LPR) status Is
evidenced by relevant approval document (USCIS notice, I-94 card,
LPR card) 2011 Jill K. Soubel 13. 2011 Jill K. Soubel 14. Visa
Waiver Program (VWP) Certain FNs require no visa to enter U.S. 36
countries participate Restrictions: Admitted to U.S. for 90 days or
less Leisure travel Certain business travel (meetings, attend
training/conference) Nonimmigrant MVPs: B: Leisure or limited
business travel E: Treaty Trader/Investors/Specialty Occupation F:
Student Visas J: Cultural Exchange/Au Pair/Summer Work
Travel/Trainee H: Professional workers L: Intracompany transferees
O: Extraordinary Ability FNs P: Athletes, Artists, Entertainment
Groups 2011 Jill K. Soubel 15. Begin in U.S. File with USCIS Visa
application to DOS at U.S. Consulate Enter U.S. at border after CBP
inspection 2011 Jill K. Soubel 16. Begin at Consulate Small class
of nonimmigrants process solely at U.S.Consulate: B, E, Blanket L
Canadians Do not require visas Skip U.S. Consulate Process at
border UNLESS: inadmissibility issues (i.e. criminal) 2011 Jill K.
Soubel 17. Visitors for Business (B-1) or Pleasure (B-2) Most
temporary of all visas/status Visa (if required) only valid for up
to one year Will be admitted to U.S. for up to 6 months
Limitedscope of permissible activities 2011 Jill K. Soubel 18.
Professionals (B-1) Participating in tournament/event May not
received salary May receive prize money Athlete/team members may
compete against anothersports team IF: Principally based abroad;
Income/salaries principally accrued abroad; and, Member of
international sports league or event involved hasinternational
dimension. 2011 Jill K. Soubel 19. Amateurs (B-2) Participating in
athletic event/tournament NOT member of professional association No
remuneration/prize money Incidentals may be reimbursed 2011 Jill K.
Soubel 20. Must make appointment at U.S. Consulate Must pay
applicable fee at least $140 USD Burden of proof at U.S. Consulate:
Event/tournament bona fide & certain Invitation Intended stay
is temporary Sufficient ties to home country Sufficient funds to
support stay in U.S. & return tohome country Round-trip airfare
or itinerary 2011 Jill K. Soubel 21. Common Consular Issues I didnt
realize I needed a visa and my event is tomorrow! Im Mexican, but I
live in Nigeria. Can I apply for my visa as a third-country
national? Im Moroccan, Cuban, Iranian, Egyptian, Turkish Oh, I
forgot to mention the drug arrest/manslaughter conviction/time
served for petty theft 2011 Jill K. Soubel 22. For Athletes &
Coaches (P-1) Granted in 5 year increments, renewable indefinitely
Support personnel (P-1S) Coaches highly skilled Dependent family
members (P-4) Requirements Process begins in U.S. 2011 Jill K.
Soubel 23. Four Categories of Eligibility:1. Athlete performing at
internationally recognized level2. Athletes employed by teams in
major professional association or minor league affiliates3.
Athletes or Coaches employed by team/franchise located in U.S.,
that is qualifying member of foreign amateur league or
association4. Professional or amateur in theatrical ice skating
production 2011 Jill K. Soubel 24. Athlete or team performing at
internationallyrecognized level Degree of skill and recognition
substantially above that ordinarilyencountered Renowned, leading,
or well-known in more than one country If team, 75% of athletes
must have 1 yr. with team. Must meet 2 of the following: Played
significantly in prior season with major US sports league or
U.S.college/university, Participated in international competition
with national team, Letter from sport governing body detailing
FN/teams internationally recognition Letter from sports media or
expert International rankings Significant honor or award in sport
2011 Jill K. Soubel 25. Athletes employed by teams in major
professionalassociation or minor league affiliates For
professionals in large commercial sports Employed by a team that is
member of association that: Consists of 6 or more professional
teams Combined revenues exceeding $10 Million/year Governs conduct
of members Regulates regular member-attended contests and
exhibitions 2011 Jill K. Soubel 26. Athletes or Coaches employed by
amateurteam/franchise located in U.S. Team must belong to foreign
amateur league or associationwith 15 or more members Compete at
highest amateur level in relevant country Athletes ineligible to
earn scholarship or participate in sportat U.S. College/University
under NCAA Significant number must be drafted by major sportsleague
or minor league affiliate 2011 Jill K. Soubel 27. For Athletes
& Coaches (O-1) Support personnel (O-2) Dependentfamily members
(O-3) Renewable indefinitely Requirements:one of the small
percentage who have arisen to the top of the field Process 2011
Jill K. Soubel 28. Must show at least 3 of the following to prove
extraordinariness: Nationally/Internationally recognized
prize/award for excellence Membership in associations requiring
excellence Published material about athlete in major trade/media
Participation as a judge of others in the field Current/prior
employment in critical capacity or distinguished organization Past
or proffered comparatively high salary Any comparable evidence 2011
Jill K. Soubel 29. Required for primary beneficiary AND separately
forsupport personnel Provided by regulating body/union If no
regulating entity, no consultation required Support personnel
consultation must address whyno U.S. worker qualified to perform
role Can take weeks to obtain Associated fees 2011 Jill K. Soubel
30. E visa (treaty investors/traders): L-1 (intracompany)Q
(cultural visitors) 2011 Jill K. Soubel 31. EB-1
ExtraordinaryAbility Alien No sponsor required One-time achievement
(major, international award) OR 3 of thefollowing Receipt of lesser
national/international prize or award Memberships in associations;
Published material about FN in trade or mass media Judged others in
field; Served in lead/critical role for distinguished organization;
and, Commanded high salary. EB-2/EB-3 PERM 2011 Jill K. Soubel 32.
Polly Payne is Australian. She attended the University ofTexas,
where she competed as a triathlete for the Long Horns.Polly will
graduate in May. She will return to Sydney to starttraining for the
Big Easy Tri in New Orleans, LA, which will takeplace in September,
and the Turkey Trot Duathalon inPlymouth, MA, which will take place
in November. She reallywants to make it as a triathlete in the
U.S., but knows that onlyher Aussie coach can take her there!
Jean-Luc Canard, a Canadian national, is an amateur hockeyplayer in
Toronto, Canada. The Flyers would like to bring him toplay with the
team for a try-out during the play-offs. What dothe Flyers need to
do to bring him over? 2011 Jill K. Soubel 33. Jessica Jumper, a
Bulgarian national, is a professional stadiumjumper and horse
trainer. She competed in the Olympics onbehalf of Bulgaria, coming
in 37th place, and regularly travelswithin Europe to compete on her
trusty stead, BPO VisaChallenge. She has won at some major shows,
including at oneGrand Prix and she belongs to the Hungarian and
BritishEquestrian Federation. She has an offer of employment from
theBryn Mawr High Flyers stable to train and compete. Coach
Muddleworthshires UK national reserve championcricket team has been
invited to participate in a number ofexhibition sporting matches in
the U.S. The team is nothingwithout him, and he must accompany them
to ensure their topperformance. Secretly, Coach Muddleworthshire
would like toopen cricket franchises throughout the U.S., and would
like theoption to remain in the U.S. for as long as possible. 2011
Jill K. Soubel 34. Ms. Soubel is an Associate at The Rudnick
Spector Firm, having served in this capacitywith its predecessor
firm beginning in 2007. Ms. Soubel was selected as a 2010 Top
YoungAttorney Rising Star by Pennsylvania Super Lawyers.Ms. Soubel
counsels clients on U.S. and global immigration matters. She
concentrates in allaspects of U.S. corporate immigration, including
nonimmigrant visas and permanentresidence for intracompany
transferees, professionals, and extraordinary ability
individuals.She also assists clients with global immigration needs
by preparing outbound business-related visas. She advises on and
crafts corporate strategies for clients to ensure U.S.immigration
law compliance.Prior to practicing exclusively in immigration law,
Ms. Soubel gained several years ofemployment litigation experience
representing employers and their insurance providers inWorkers
Compensation matters.Throughout her career, Ms. Soubel has been
actively involved with international affairs andthe immigrant
community. In 2003, she interned as a Law Clerk in Tokyo, Japan, at
SakuraKyodo Law Offices in the International Law Department, where
she advised on matters ofU.S. immigration, corporate, and antitrust
law, and gained experience in Japansimmigration system. She served
as a member of the Temple International and ComparativeLaw Journal,
while pursuing her legal studies at Temple University. Prior to
practicinglaw, Ms. Soubel also served as an EFL
Instructor.Education:James E. Beasley School of Law at Temple
University, 2004, J.D.University of Michigan, Ann Arbor, 2000, BA
with Honors. 2011 Jill K. Soubel 35. Stacey Leigh Spector, a
Founding Partner of The Rudnick Spector Firm, is among the
countrysleading immigration lawyers. She has been practicing
immigration law for over 25 years, and is afounding partner of The
Rudnick Spector Firm. Ms. Spectors practice encompasses a
fullspectrum of business immigration including multinational
corporations, technologycompanies, academic and research
institutions, and entertainers and artists. Ms. Spector
hasparticular expertise in advising employers on the immigration
implications of corporatechanges, including mergers and
acquisitions, downsizing, and reductions in work force. She
hassuccessfully developed I-9 Compliance Training Programs for HR
personnel, and has managed I-9 and H-1B audits for her
clients.Prior to establishing the Rudnick Spector Firm, Ms. Spector
served for ten years as Of Counselto the predecessor firm of Steel,
Rudnick & Ruben. Ms. Spector also served as ImmigrationCounsel
to the former Rhne-Poulenc Group based in Collegeville,
Pennsylvania, from 1992 to2000. Ms. Spector was based in Paris,
France, from 1990 to 1992, where she established animmigration
practice and published The Immigration Chronicle. From 1987 to
1990, Ms. Spectorheaded the immigration practice at Pavia &
Harcourt in New York, New York. She served as anAssociate at
Patterson, Belknap Webb & Tyler, also in New York City, from
1982 to 1984.Education:New York University School of Law, 1982,
J.D.Brown University, 1979, Magna Cum Laude, Phi Beta Kappa 2011
Jill K. Soubel
