Immigration ABCsBy

Feng Bo, Esq.April 14, 2012

B.A., Fudan University M.A., University of Southern California J.D., Southwestern School of Law Licensed in California, USA

My Background

Federal Law Immigration and Nationality Act, Title 8 of United

States Code Federal Agencies

Department of Homeland Security USCIS, ICE and CBP

Department of Justice Executive Office for Immigration Review

Department of State Department of Labor

Basic Introduction of Immigration Law

F1 - CPT and OPT J-1 Other Working Visas

H1-B L E

How to Work Legally in USA?

Fiscal Year: starting on Oct 1st every year

H1-B Cap Regular Cap: 65,000 (up to 6,800 visas set aside for

Chile and Singapore Citizens) Advanced Degree Exemption: 20,000

Qualifications Bachelor’s or higher degree, industry standard,

employer standard

Working Visas – H1-B

L1-A: Executive or Manager L1-B: Specialized Knowledge U.S. Employer

Qualifying relationship with a foreign company Doing business requirement

Employee One continuous year of working for the qualifying foreign

company L1-A: will work as an executive or manager in USA L1-B: will render services in a specialized knowledge

capacity in USA

Working Visa – L (Intracompany Transferee)

E-1 Treaty Trader Be a citizen of a country/area with which U.S. has a treaty of

commerce and navigation, and Carry on substantial trade, and Carry on principal trade b/w U.S. and the treaty country

E-2 Treaty Investor Be a citizen of a country/area with which U.S. has a treaty of

commerce and navigation, and Having invested, or is actively investing, a substantial amount of

capital in a bona fide enterprise in U.S. Enter U.S. solely to develop and direct the investment enterprise

Working Visa - E

Employment Based Family Based Others

How to obtain a green card?

Employment Based – Visa Bulletin

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born

INDIA MEXICO PHILIPPINES

1st C C C C C2nd C 15AUG07 15AUG07 C C

3rd 01MAY06 01APR05 08SEP02 01MAY06 01MAY06

Other Workers 01MAY06 22APR03 08SEP02 01MAY06 01MAY06

4th C C C C C

Certain Religious Workers

C C C C C

5thTargetedEmployment Areas/Regional Centersand Pilot Programs

C C C C C

EB-1A: Alien of Extraordinary Ability Extraordinary ability in the sciences, arts, education, business, or

athletics Internationally recognized award, such as Nobel, Oscar, Olympic medal, or Meeting any three of the ten criteria,

Seek to enter the U.S. to continue work in the area of extraordinary ability, and

Alien’s entry into the U.S. will substantially benefit prospectively the U.S.

Benefits of EB-1A No labor Certification No employer sponsor

Employment BasedEB-1 Priority Worker

EB- 1B: Outstanding Professors and Researcher Internationally recognized as outstanding in a specific

academic area, At least three years of experiences in teaching or research

in the academic area, and Aliens seeks to enter the U.S.

Tenure or tenure-track position to teach Comparable position to conduct research, or Comparable position to conduct research with a private

employer

EB-1C: Multinational Managers and Executive

Employment Based EB-1 Priority Worker

Who is eligible? Advanced degree or equivalent (Bachelor’s degree +

5 years progressive experience), or Exceptional ability in the sciences, arts, or business

NIW Exceptional ability, National Interest, and National interest substantially outweighs adverse

affect on U.S. job market

Employment Based EB-2

Who is eligible? Skilled Workers Professionals with a bachelor’s degree Other workers

Employment Based EB-3

10,000 visas annually

Owning and operating a personal residence NOT qualify you as EB-5 investor

Required amount of investment (cannot be borrowed) $1 million anywhere in U.S., $500k in targeted employment area (high unemployment or rural area), $500k investment in “regional center” approved by USCIS

Create or preserve at least 10 full time jobs within 2 years, excluding Investor, and investor’s spouse, sons and daughters, Anyone in any nonimmigrant status (such as H1-B visa holder), Anyone not authorized to work

Employment Based EB-5 Immigrant Investor

Immediate relative of U.S. citizen – no waiting in line!!! Spouse of U.S. citizen Children (unmarried and under 21) of U.S.

citizen Parents of U.S. Citizen

Other Relatives of U.S. citizen and permanent resident

Green Card – Family Based

VAWA (Violence against Women Act) Applicable to both women and men Who are eligible to file

Abused spouse of U.S. citizen or permanent resident Parent of a child who has been abused by your U.S. citizen or permanent resident

spouse Child under 21 and unmarried who has been abused by U.S. citizen or permanent

resident parent Abused parent of U.S. citizen

Asylum - Persecution or Fear of Persecution based on Race Religion Nationality Membership in a particular social group Political Opinion

Others

Q & A