Immigration and Business strategies for Immigration and Business strategies for Chinese companies and individuals to invest, Chinese companies and individuals to invest,

live and do business in Americalive and do business in America

AgendaAgenda

Opportunity in AmericaOpportunity in America 3 Situations and Strategies3 Situations and Strategies Options for familyOptions for family

Our FirmOur Firm

VELIE LAW FIRM- WHO ARE WE?VELIE LAW FIRM- WHO ARE WE? Intro by Jon VelieIntro by Jon Velie Winner of the American Bar Association Winner of the American Bar Association

Louis M. Brown Legal Access to Justice Louis M. Brown Legal Access to Justice AwardAward

Labeled innovator in the legal industry by Labeled innovator in the legal industry by ABA ABA

Briefed 3 cases to the US Supreme CourtBriefed 3 cases to the US Supreme Court Referenced in NY Times, Time Magazine, Referenced in NY Times, Time Magazine,

USA Today, Washington Post, BBC, Le USA Today, Washington Post, BBC, Le Monde and featured on 60 Minutes II.Monde and featured on 60 Minutes II.

Gold Medalist for Best Law Firm in hometown Gold Medalist for Best Law Firm in hometown of Norman, Oklahoma of Norman, Oklahoma

H1-BH1-BSpecialty Occupation Specialty Occupation

ProfessionalProfessionalELIGIBILITY:ELIGIBILITY:

An international beneficiary who is offered a skilled An international beneficiary who is offered a skilled specialty occupation by a U.S. Employer who specialty occupation by a U.S. Employer who qualifies as a professional worker may enter the qualifies as a professional worker may enter the U.S. temporarily to accept employment within his or U.S. temporarily to accept employment within his or her profession.her profession.

H1-BH1-BSpecialty Occupation Specialty Occupation

ProfessionalProfessionalAPPLICABILITY:APPLICABILITY:

Professional positions. Professional positions. Managers, accountants, lawyers, IT workers, Managers, accountants, lawyers, IT workers, marketing personnel or similar positions. marketing personnel or similar positions. In plain language this is typically for college In plain language this is typically for college grads in jobs that require degrees. grads in jobs that require degrees. Exception for those with work that equals degree Exception for those with work that equals degree equivalencyequivalency

H1-B VisaH1-B VisaSpecialty Occupation Specialty Occupation

ProfessionalProfessional

CRITERIA:CRITERIA:

U.S. Company is offering employmentU.S. Company is offering employment Minimum Prevailing Wage for county and state at Minimum Prevailing Wage for county and state at

site of employment – Determined by DOLsite of employment – Determined by DOL "Specialty Occupation”"Specialty Occupation” Labor Condition ApplicationLabor Condition Application Must be professionally qualified Must be professionally qualified A four-year Degree or equivalentA four-year Degree or equivalent Special category for ChileansSpecial category for Chileans Similar E-3 is available for Australians Similar E-3 is available for Australians

H1-B VisaH1-B VisaSpecialty Occupation ProfessionalSpecialty Occupation Professional

DURATION: DURATION:

Three years, with the same employer in substantially the Three years, with the same employer in substantially the same professional occupation as long as the underlying same professional occupation as long as the underlying business on which the visa is based remains a viable trading business on which the visa is based remains a viable trading entity. entity. The visa can be renewed for 3 more years.The visa can be renewed for 3 more years.Can extend beyond 6 years if Labor Cert or I-140 for Can extend beyond 6 years if Labor Cert or I-140 for Permanent Residency is filed 365 days prior to expiration of Permanent Residency is filed 365 days prior to expiration of sixth year.sixth year.

H1-B VisaH1-B VisaSpecialty Occupation ProfessionalSpecialty Occupation Professional

Issues: Issues:

Subject to numerical cap of 65,000 per year for regular H-1b and Subject to numerical cap of 65,000 per year for regular H-1b and 20,000 Master Degree from US universities20,000 Master Degree from US universities October 1October 1stst is the start of the fiscal year for counting against cap. is the start of the fiscal year for counting against cap.Can apply six months prior to start of fiscal year or April 1Can apply six months prior to start of fiscal year or April 1stst..Chile and Singapore are not subject to H-1b cap under treaty. Chile and Singapore are not subject to H-1b cap under treaty. Australia, Canada and Mexico have different but similar visas for Australia, Canada and Mexico have different but similar visas for professionalsprofessionalsFashion models use H-1b visas.Fashion models use H-1b visas.

E-3 VisaE-3 VisaSpecialty Occupation ProfessionalSpecialty Occupation Professional

E-3 is a treaty created version of the H-1b for professional Australians.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. E-3 is not subject to the same numerical limitation of visas per year.

Spouses of E-3 can obtain work authorization.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 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 period, the Australian citizen may reapply for another E-3 visa. At present, there is no maximum another E-3 visa. At present, there is no maximum number of times that an Australian citizen may renewnumber of times that an Australian citizen may renew his or her E-3 visahis or her E-3 visa

PROCESSING TIMEPROCESSING TIME::

Depending on the backlog at the USCIS Service Depending on the backlog at the USCIS Service center which receives your petition, the petition center which receives your petition, the petition should take between 120 and 180 days to process. should take between 120 and 180 days to process. Expedited processing of 15 calendar days is Expedited processing of 15 calendar days is available for an additional fee for most temporaty available for an additional fee for most temporaty visas but not the E-3.visas but not the E-3.

OTHER SIMILAR VISASOTHER SIMILAR VISAS

TN-1 VisaTN-1 VisaNAFTA WorkersNAFTA Workers

ELIGIBILITY:ELIGIBILITY:

A Canadian or Mexican Citizen who seeks temporary A Canadian or Mexican Citizen who seeks temporary entry as a professional may be admitted to the United entry as a professional may be admitted to the United States under the provisions of Appendix 1603.D.1 of States under the provisions of Appendix 1603.D.1 of Chapter 16 of NAFTA on a TN visa. A complete list of Chapter 16 of NAFTA on a TN visa. A complete list of professionals can be found on Part 5 of this bookletprofessionals can be found on Part 5 of this booklet . .

TN-1 VisaTN-1 VisaNAFTA WorkersNAFTA Workers

APPLICABILITY:APPLICABILITY:

Similar applicability to the H-1b or E-3 except there is Similar applicability to the H-1b or E-3 except there is a list of qualifying jobs. Those that may have a list of qualifying jobs. Those that may have applicability are : Accountant, Computer Systems applicability are : Accountant, Computer Systems Analyst, Graphic Designer, Hotel Manager, Lawyer, Analyst, Graphic Designer, Hotel Manager, Lawyer, Management Consultant. Management Consultant.

TN-1 VisaTN-1 VisaNAFTA WorkersNAFTA Workers

DURATION:DURATION:

Increments of one year - Maximum Increments of one year - Maximum

PROCESSING TIME:PROCESSING TIME:

A TN Visa must be petitioned for at a U.S. Port of A TN Visa must be petitioned for at a U.S. Port of Entry or Airport Inspector. The Canadian or Mexican Entry or Airport Inspector. The Canadian or Mexican Citizens must present all necessary documentation Citizens must present all necessary documentation on site. Approval or denial is usually same day at on site. Approval or denial is usually same day at site where petition was made. site where petition was made.

J-1 VisaJ-1 VisaManagement TraineeManagement Trainee

CRITERIA:CRITERIA:

Sufficient fundsSufficient funds

Educational or Employment BackgroundEducational or Employment Background

English speaking abilityEnglish speaking ability

Intent to leave the U.S. at end of stayIntent to leave the U.S. at end of stay

J-1 VisaJ-1 VisaManagement Trainee Management Trainee

DURATION:DURATION:

18 months maximum18 months maximum

CHANGE OF STATUS:CHANGE OF STATUS:

Changes of Status to other non-immigrant Changes of Status to other non-immigrant categories are not automatically granted. The categories are not automatically granted. The exchange visa holder must have a privately funded exchange visa holder must have a privately funded J-1 Visa to be eligible to change status without first J-1 Visa to be eligible to change status without first obtaining a waiver from the two-year foreign obtaining a waiver from the two-year foreign residency requirement . The Aspen visa residency requirement . The Aspen visa Program was designed to permit changing Program was designed to permit changing status to other visas.status to other visas.

J-1 VisaJ-1 VisaManagement TraineeManagement Trainee

PROCESSING TIME:PROCESSING TIME:

These visas are issued by J-1 companies who have These visas are issued by J-1 companies who have can generally do so in an average of 5 days. can generally do so in an average of 5 days. Consular processing can also take additional time, Consular processing can also take additional time, but most were able to obtain in approximately 1-2 but most were able to obtain in approximately 1-2 weeks.weeks.

Adjusting to Permanent ResidenceAdjusting to Permanent Residence(Greencard)(Greencard)

If a labor certification or permanent If a labor certification or permanent residency visa is submitted more than 365 residency visa is submitted more than 365 days prior to expiration of the sixth year of days prior to expiration of the sixth year of an H-1b, the H-1b can be extended in one an H-1b, the H-1b can be extended in one year increments until Greencard is year increments until Greencard is determined.determined.

EB-3 VisaEB-3 VisaDegreed Professionals,Degreed Professionals,

Skilled Professionals & Other WorkersSkilled Professionals & Other Workers

ELIGIBILITY:ELIGIBILITY:

Prospective immigrants who are members of the Prospective immigrants who are members of the professions holding advanced degrees or their professions holding advanced degrees or their equivalent, or who possess exceptional ability in equivalent, or who possess exceptional ability in the sciences, arts, professions, or business, and the sciences, arts, professions, or business, and whose services are sought by an employer in the whose services are sought by an employer in the United States. United States.

EB-3 Permanent Residency VisaEB-3 Permanent Residency VisaDegreed Professionals,Degreed Professionals,

Skilled Professionals & Other WorkersSkilled Professionals & Other Workers

CRITERIA:CRITERIA:

1.1. Labor Certification requiredLabor Certification required

No qualified American worker is available No qualified American worker is available to fill the job; andto fill the job; and

The prospective immigrant shall be paid The prospective immigrant shall be paid at a minimum the prevailing wage for the at a minimum the prevailing wage for the industry as set by the DOL of the State industry as set by the DOL of the State where the services are to be rendered.where the services are to be rendered.

EB-3 Permanent Residency VisaEB-3 Permanent Residency Visa

EB-3 visas are suffering lengthy delays. USCIS Officials EB-3 visas are suffering lengthy delays. USCIS Officials are currently processing cases with priority dates are currently processing cases with priority dates in 2004. Priority date is the date the labor in 2004. Priority date is the date the labor certification was filed with DOL. certification was filed with DOL.

Velie Law Firm’s OnLineVisa.com Business Velie Law Firm’s OnLineVisa.com Business ModelModel

VLF invests in you first!VLF invests in you first! We get know you & the caseWe get know you & the case Develop strategy with you before you investDevelop strategy with you before you invest

Flat fee - no hidden surprisesFlat fee - no hidden surprises An immigration budget that worksAn immigration budget that works

Accessible to you even after business hours at no additional Accessible to you even after business hours at no additional feefee

Obtain better & quicker results:Obtain better & quicker results: Proprietary processProprietary process Work to develop effect expert analysisWork to develop effect expert analysis OnLineVisas Vault permits sharing of docs between attorney and OnLineVisas Vault permits sharing of docs between attorney and

clientclient Call for your FREE STRATEGY today!Call for your FREE STRATEGY today! CONTACT INFO:CONTACT INFO:

405-310-4333 405-310-4333 www.OnLineVisas.cominformation@velielaw.cominformation@velielaw.com