immigration presentation

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IMMIGRATION LAW PRESENTATION

Dana R. BucinDana R. BucinAttorneyAttorney

Tel: (860) 548-2629Email: dbucin@uks.com

*DISCLAIMER*This presentation is not intended to provide, nor does it provide, any legal advice. By

viewing this presentation you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the presentation. Should

you need legal advice, please contact a licensed attorney who practices Immigration Law. Readers of this presentation and the information contained herein should not act

upon any information contained on this presentation without seeking legal counsel.

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Introduction

General Immigration Categories

Business/ Employment Family Asylum/ Refugee Status Diversity Visa Lottery Other (VAWA, Cancellation of

Removal, NACARA, Cuban Adjustment)

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General Principles of Immigration Law

Visa Duration

Temporary (Nonimmigrant) Permanent (Immigrant)

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Path to Citizenship

Non-Immigrant Visa ↓

Green Card (Permanent Residence)

↓ Citizenship through Naturalization

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Government Agencies

Department of Homeland Security (DHS)

US Citizenship and Immigration Services (USCIS a/k/a former INS)

Customs and Border Patrol (CBP) Immigration and Customs Enforcement

(ICE)

Department of State (DOS) Department of Labor (DOL)

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Basic Immigration Documents

Passport issued by home country Visa from a U.S. Consulate (DOS) I-94 arrival/departure form

(CBP/USCIS) Employment Authorization Document

(USCIS) Notice to Appear in Deportation

Proceedings (ICE) Green Card (USCIS) Certificate of Naturalization (USCIS)

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Non-Immigrant Business/ Employment Visas

L Intra-companyTransferees

E Treaty/ Traders TN Canada/Mexico O-1 Extraordinary

Ability P-1 Athletes

B-1 Visitor Visa Visa Waiver Program F-1 Student

Visa/OPT J-1 Exchange Visitor H-1B Professionals H-2B Temporary H-3 Trainee

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B-1 Business Visitor Visa

good for short-term visits (meetings, salescalls, selling up company)

limited time and limited activities cannot actually “work” in the U.S. must remain on foreign payroll must possess temporary (non-immigrant)

intent

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Visa Waiver Program

90 day limit for stay only available to nationals of certain low fraud

countries no visa required but harsh treatment for

violators same limitations as B-1 Visa

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F-1 Student Visa

for the length of the academic program + 60 days grace period

Optional Practical Training for one year (EAD required) available pre- or post- graduation

Work/ Study Curricular Practical Training longer work permit for STEM students

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J-1 Exchange Visitor Visa

for professors, scholars, students, trainees, aupairs, foreign physicians, camp counselors, summer work/travel, government visitors, etc

need sponsoring organization may be subject to 2 year foreign residency

requirement

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H-1B Visa

Bachelor’s degree (or higher) in the occupational area is requiredMore procedures and record keepingPrevailing wage and LCA requirementsCertain notice and attestation requirements

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H-1B Visa (cont’d)

H-1B cap of 65,000 per fiscal year + 20,000 for advanced degreesMaximum period of stay is 6 years – extensions may be availableH-1B1 – Singaporean and Chilean nationals only – per Treaties (annual cap never reached)

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H-2B Visa (Temporary Workers)

Can be skilled or unskilledMust prove no available U.S. workers to DOLAnnual cap of 65,000 met early

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L Intra-company Transferees

Managers and Executives (L-1A)Managing function, component or departmentMust have worked at least 1 year for company abroad in M/E capacity within last 3 yearsMust be coming to U.S. in M/E capacityMaximum stay 7 years, but fairly easy to obtain green card (if applying within first 2 years)

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L Intra-company Transferees

Employees with Specialized Knowledge (L-1B)Specific knowledge of product and application in international markets or advanced level of knowledge of processes and proceduresMust have worked for company abroad at least 1 year within last 3 yearsMaximum stay is 5 years; more difficult to get green card because requires labor certificationSpouses eligible for EAD

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E Treaty/ Traders Visa

Requires treaty between U.S. and foreign country of which majority owners of foreign company are nationalsRequires substantial and active trade/investment between U.S. and foreign companyForeign national transfer must be same nationality as treaty country

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E Treaty/ Traders Visa Employee performing supervisory or executive duties OR employee serving in a minor capacity who has skills which are “essential to the successful operation of the enterprise” Two-year stay in U.S., however, new two-year period every time leave U.S. (for validity of visa) E-3 Treaty Visas for Australian nationals –similar to H-1B, with an annual cap of 10,500 (never reached)

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TN Visa

For Mexican and Canadian professionalsOccupation must be on the NAFTA listThree year stay, but can be extendedNo cap

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O-1 VisaHigh standard – individual must be of the small percentage who have risen to the very top of his/her fieldMust obtain Advisory Opinion from peer groupCan change from J-1 to O-1 w/o waiver of foreign residence requirement (but must pursue consular processing)Initial period of stay is 3 years + extension available in one-year increments (indefinitely)

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Immigrant (Permanent) Visa

Also called the “Green Card”Priorities and PreferencesLabor Certification Process (PERM) applies only to certain preferences

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Employment Immigrant Preferences1. Persons of Extraordinary Ability, Outstanding

Professors and Researchers, Multinational Executives and Managers

2. Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability

3. Skilled Workers, Professionals and Other Workers

4. Certain Special Immigrants: religious workers, NATO employees, etc

5. Employment Creators: investors

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Family Immigration Preferences1. Unmarried Sons and Daughters of Citizens 2. Spouses and Children, Unmarried Sons and

Daughters of Permanent ResidentsA. Spouses and ChildrenB. Unmarried Sons and Daughters (21 years

of age or older)3. Married Sons and Daughters of Citizens4. Brothers and Sisters of Adult Citizens

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Family Immigration Visa Bulletin 4-9 years current processing times Immigrant Visa Processing – how it works K1 Fiance vs. K3 Spouse Visa Who can bring parents? Siblings? Naturalization – why it is highly

recommended

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Immigration Planning Position and job description Anticipated length of time for the position Does employee intend to permanently remain

in the U.S. or return to home country? Spouse and children work permits and other

opportunities in the U.S. (i.e. studying) Early planning because of caps and delays Complex immigration system - use competent

immigration counsel

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Outbound Immigration

Meritas Law Firms WorldWide With offices in 60+ countries throughout Asia,

Africa, Australia and New Zealand, Canada, Europe, Latin America and the Caribbean, and the United States

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The EndThe EndThank YouThank You

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Hartford, CT 06123Tel. 860-548-2629

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New Haven, CT 06510Tel. 860-548-2629

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300 Middlesex PlazaMiddletown, CT 06457

Tel. 860-548-2629