Global Cleveland: Immigration Basics For Employers

Nonimmigrant (Temporary) Visas Optional Practical Training for Foreign

Students Temporary employment related to an area of

study Pre-completion (CPT)

After 1 academic year Related to area of study Part time while school in session Full time during breaks

Optional Practical Training

Post Completion (OPT) DSO endorses I-20 Student files I-765 Student works after approval of I-765

Optional Practical Training

Certain students can receive 17 month extension of post completion OPT

F-1 Students who Receive STEM degrees included on STEM

designated Degree Program List Employed by E-verify enrolled users

H-1B

Specialty Occupation Theoretical and practical application of body of

highly specialized knowledge Engineers, Researchers, Accountants, Computer

Techs, other professional positions 3 year periods of stay 6 year maximum stay (with 2 exceptions) 85,000 annual cap

TN Visas for Canadian/Mexican Professionals

216.696.4676 www.immvisa.com

TN—North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the United States (U.S.), Canada and Mexico.

Citizens of Canada and Mexico work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

TN Classification

Occupation must be listed in NAFTA’s Appendix 1603.D.1

Duration: 3 year increments, no limitation on renewals

Spouses and children (TD status) are not granted work authorization


L Intracompany Transferees

Persons who, within the three preceding years, have been employed abroad continuously for one year

Will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S.

Managerial, executive, or specialized knowledge capacity.


O-1 Persons of Extraordinary Ability Persons with extraordinary ability or

achievement in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.


E1/E2 Treaty Trader/Investors A national of a country with which the US

maintains a treaty of commerce and navigation who is

Carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or

Develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital


Employment-Based Immigrant Visas Generally the applicant must have an

employer sponsor and be the beneficiary of an approved Application for Alien Labor Certification before being eligible to be the beneficiary of an employment-based immigrant visa petition.


(EB1) First Preference Priority Workers There are three sub-groups within this

category: (EB11) Persons with extraordinary ability in

the sciences, arts, education, business, or athletics As shown by extensive documentation showing

sustained national or international acclaim and recognition in their fields of expertise.

No employer/labor certification necessary


(EB1) First Preference Priority Workers (EB12) Outstanding professors and

researchers with at least three years experience in teaching or research, who are recognized internationally. Tenure track teaching, or a comparable research

position at a university or other institution of higher education. The prospective employer must provide a job offer


(EB1) First Preference

(EB13) Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.


(EB 2) Advanced Degrees and Exceptional Ability Generally requires a labor certification by the

Department of Labor. A job offer/Labor Certification is required Applicants may apply for exemption from job

offer and labor certification requirement if in the national interest.


(EB3) Third Preference: Skilled- Unskilled Workers, Professionals Requires labor certification. 3 subgroups:

Skilled workers--minimum of 2 years training or work experience that are not temporary or seasonal.

Professionals--jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.

Unskilled workers (Other workers) jobs that require less than two years training or experience that are not temporary or seasonal.


EB 5 Employment Creation (Investor Visas) (EB5) Investor/Employment Creation must invest $1,000,000; or $500,000 in targeted employment area. Creates at least 10 new full-time jobs for U.S.

workers.

What To Expect From Immigration Reform Major sticking point is legalization/path to

earned citizenship. Both sides agree on:

Border Security Electronic Employment Verification Visa system overhaul Temporary worker program


Electronic Employment Verification E-Verify Beefed up enforcement against employers

who hire unauthorized workers


Visa Overhaul

Increase in H-1B annual cap Increase in Employment-Based visas Emphasis on STEM Graduates/Professionals

Graduates of US universities Investors

Temporary Worker Program


Global Cleveland: Immigration Basics For Employers

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