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CLARITY AND STRENGTH IN IMMIGRATION LAW Visa Options Post-Graduation and Beyond Overcoming Pitfalls & Obstacles on the Road to Success

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Presentation on theme: "CLARITY AND STRENGTH IN IMMIGRATION LAW Visa Options Post-Graduation and Beyond Overcoming Pitfalls & Obstacles on the Road to Success"— Presentation transcript:

1 CLARITY AND STRENGTH IN IMMIGRATION LAW Visa Options Post-Graduation and Beyond Overcoming Pitfalls & Obstacles on the Road to Success Sumner Immigration Law PLLC CONFIDENTIAL1

2 CLARITY AND STRENGTH IN IMMIGRATION LAW INTRODUCTION Sumner Immigration Law PLLC CONFIDENTIAL2

3 Terminology Passport Visa I-94 card Immigrant (permanent residence) Non-immigrant US citizen Sumner Immigration Law PLLC CONFIDENTIAL3

4 CLARITY AND STRENGTH IN IMMIGRATION LAW POST-GRADUATION VISA OPTIONS Sumner Immigration Law PLLC CONFIDENTIAL4

5 Typical Post-Graduation Progression PERMANENT RESIDENCE May take years!Multiple avenues H-1B Petition Valid for up to 6 years totalCan start green card Optional Practical Training Valid for up to 12 monthsSTEM Extension – 17 months Sumner Immigration Law PLLC CONFIDENTIAL5

6 Optional Practical Training What is it? Who is eligible? How long can I have it? STEM Extension – 17 months E-Verify Employer STEM Major Sumner Immigration Law PLLC CONFIDENTIAL6

7 CLARITY AND STRENGTH IN IMMIGRATION LAW H-1B CLASSIFICATION Sumner Immigration Law PLLC CONFIDENTIAL7

8 H-1B: What you need to know H-1B Cap! 65, ,000 for US masters degree holders April 1 filing date What is the H-1B classification? Eligibility US employer willing to sponsor (pay fees) Specialty occupation Sumner Immigration Law PLLC CONFIDENTIAL8

9 H-1B: What you need to know Specialty occupation: professional position in which a bachelors degree in a specific field of study is the minimum requirement for entry into the profession. Examples: Bookkeeper Quality assurance analyst Scientific researcher Sumner Immigration Law PLLC CONFIDENTIAL9

10 H-1B: What you need to know Required wage – what the employer must pay Prevailing wage Actual wage Timing of H-1B Petition Filing File April 1 Start working in H-1B status October 1 Cap Gap! Sumner Immigration Law PLLC CONFIDENTIAL10

11 H-1B: What you need to know H-1B Cap Gap: Must have timely filed a change of status petition while still in F-1/OPT Petition must be accepted/approved Can keep working until 10/1 even though OPT expired If petition denied/revoked/not selected, this does not apply Sumner Immigration Law PLLC CONFIDENTIAL11

12 H-1B: What you need to know H-1B Preparation Labor Condition Application (LCA) – up to 7 business days for certification Questionnaires, document checklists, forms drafted File April 1 Receipt in late April/May Decision – make sure decided before 10/1 Sumner Immigration Law PLLC CONFIDENTIAL12

13 H-1B: What you need to know H-1B Approval: Valid for up to 3 years; can extend for another 3 years When travel, H-1B visa stamping Can start green card process while in H-1B status Sumner Immigration Law PLLC CONFIDENTIAL13

14 Sumner Immigration Law PLLC CONFIDENTIAL14 ALL ROADS LEAD TO THE GREEN CARD F-1 STUDENTF-1 OPT/STEM Extension J-1/O-1/H-1B H-1B PERM Fast Track (EB-1/NIW) GREEN CARD! OR

15 Pathways to Permanent Residence Employment-Based Family-Based Asylum Diversity Visa Sumner Immigration Law PLLC CONFIDENTIAL15

16 Employment-Based Permanent Residence Options PERM Labor Certification PERM Special Handling – for university professors/instructors Fast-Track Green Cards: EB-1 Alien of Extraordinary Ability Outstanding Researcher/Professor National Interest Waiver Sumner Immigration Law PLLC CONFIDENTIAL16

17 Permanent Residence Process I-485 Must wait for priority date to become current 4 months + in process I-140 Petition 2-3 weeks to prep4-5 months in process PERM Labor Certification 3-4 months to prep8 + months in process Sumner Immigration Law PLLC CONFIDENTIAL17

18 CLARITY AND STRENGTH IN IMMIGRATION LAW WHAT IS A PRIORITY DATE & WHY DOES IT MATTER? Sumner Immigration Law PLLC CONFIDENTIAL18

19 What is the Visa Bulletin? Sumner Immigration Law PLLC CONFIDENTIAL19

20 PERM Labor Certification Must show no US worker able, willing, qualified, and available for the position Specific recruitment process: Job order Newspaper ads Notice of filing Three of ten other steps (online, radio, TV, on campus recruiting, etc.). Sumner Immigration Law PLLC CONFIDENTIAL20

21 I-140 Petition Position available Beneficiary meets requirements for position Ability to pay Sumner Immigration Law PLLC CONFIDENTIAL21

22 I-485 Application for Permanent Residence Admissibility issues – medical exam, maintained status, criminal issues, etc. Can apply for work permit (EAD) and travel permit at this stage Sumner Immigration Law PLLC CONFIDENTIAL22

23 Requirements for Fast-Track Green Card Nobel Prize (major international award) Publications Impact Factors Citations Presentations – national & international Judging the work of others Awards Membership in associations Published materials about your work Sumner Immigration Law PLLC CONFIDENTIAL23

24 Requirements Continued Original contribution of major significance to the field Leading or critical role at distinguished organization Command high salary Sumner Immigration Law PLLC CONFIDENTIAL24

25 Obstacle # 1 I wasnt selected in the H-1B lottery! When does OPT end? Eligible for STEM Extension? Change status to another classification Family-based options Stay in F-1 status (start new degree) Sumner Immigration Law PLLC CONFIDENTIAL25

26 Obstacle # 2 Does your current immigration status allow you to apply for permanent residence? H-1B – yes O-1 – yes, generally J-1 – maybe Waiver Timing – waiver and petition TN - maybe Sumner Immigration Law PLLC CONFIDENTIAL26

27 Obstacle # 3 My priority date may never be current! Cross-chargeability Retain priority date Two filings Dr. Ks filings – example of success Sumner Immigration Law PLLC CONFIDENTIAL27

28 Obstacle # 4 Help! Im running out of time in H-1B status (6 year limit) Be proactive – plan ahead! Post-sixth year extension I-140 filing – 365 days I-140 petition approved Premium processing Change of status (O-1?) Family-based option? Sumner Immigration Law PLLC CONFIDENTIAL28

29 Elements for Success What are your long-term goals? Be willing to be flexible & think outside the box Find an experienced immigration attorney you trust & feel comfortable with Sumner Immigration Law PLLC CONFIDENTIAL29

30 CLARITY AND STRENGTH IN IMMIGRATION LAW QUESTIONS? COM COM Sumner Immigration Law PLLC CONFIDENTIAL30


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