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Peddibhotla Law Firm 39899 Balentine Drive, Suite 118 Newark, CA 94560 (510) 498-1949

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Presentation on theme: "Peddibhotla Law Firm 39899 Balentine Drive, Suite 118 Newark, CA 94560 (510) 498-1949"— Presentation transcript:

1 Peddibhotla Law Firm Balentine Drive, Suite 118 Newark, CA (510)

2 H-4 Work Authorization proposed Deferred Action & DACA Post 9/11 enhanced security and anti- terrorism measures (US PATRIOT Act). DHS is born H-1B Cap temporarily increased to 195K for FY (AC21) Anti-terrorism legislation introduced; Expanded deportable crimes; introduced 3 & 10 year bars Employment based preference categories established. Non- immigrant visa categories of H-1B, H-3, E, and L-1 redefined Amnesty program US eliminated racial and national origin quotas, but established Western and Eastern hemisphere quotas. Preference category system for admitting foreign nationals with special skills Per Country quota system ( ) Exclusionary policies; notably Chines Exclusion Act of 1882 ( ) Open Door Policy 1 st 100 Years Immigration Timeline Watershed moment for Asian Immigration

3 When an individual enters the U.S. on an employment-based status, this means the individual’s immigration status is tied to his/her employment. The specific type of status may govern where, when, and the nature of work the individual may engage in while in the U.S. In most cases, the individual is only permitted to work for one particular employer. Employment immigration is divided into: (1) Temporary Work Visas; and (2) Immigrant Visas (Green Card) What is Employment-based Immigration Status?

4 Temporary Work Visas Common Types of Employment-Based Nonimmigrant Visa Categories H H-1B, Temporary workers in specialty occupations H-2A, Temporary or seasonal agricultural workers H-2B, Temporary non-agricultural workers L L-1B, Intracompany transferees with specialized knowledge L-1A, Intracompany transferees in a managerial or executive role E E-1, Treaty traders E-2, Treaty investors E-3, Specialty occupation professionals from Australia O, Persons with extraordinary ability in the sciences, arts, business, education, or athletics P, Professional athletes, artists, and entertainers R, Religious workers TN, NAFTA professionals from Canada or Mexico

5 Immigrant Visas (“Green Card”) Common Types of Employment-Based Immigrant Visa Categories CategoryDescription EB-1For those with extraordinary ability in business, arts or sciences, managers and executives of multi- national businesses, and outstanding professors or researcher; EB-2For members of the professions holding advanced degrees or their equivalent, or for individuals with exceptional ability in the sciences, arts, or business; EB-3For Skilled or Professional Workers EB-4For Special Immigrants EB-5For investors who are investing substantial funds (at least $500,000 / $1 million dollars).

6 Immigration, Entrepreneurship, and Global Competitiveness US has slipped to 4 th place in the last decade in rankings by the World Economic Forum’s Global Competitiveness Report and to fifth place in the Global Innovation Index. (US ranked 36 in performance by secondary school students. US students only make up 25% of students enrolled in STEM degrees and nearly 2/3 switch majors Since 1965, US immigration policy has been largely built around family unification; and 2/3 of permanent immigrants in the US are now admitted on the basis of family ties. Only 15% of the Green Cards, are issued on employment / economic grounds; Though, larger numbers of immigrant workers can receive temporary work visas The share of employment-based immigrants in the US is low compared to other English speaking countries. In Australia it accounts for 2/3; and UK for 2/ : 24.3 % of Engineering & Technology start-ups had at least one key founder who was foreign-born. In Silicon Valley, this number was 43.9 percent. (In Silicon Valley, Indians accounted for 32% of immigrant-founded companies These companies employed roughly 560,000 workers and generated $63 billion in sales in An increase in foreign STEM workers of 1 percent of total employment boosts the wages of native college-educated workers by 4 percent to 6 percent and provides greater job opportunities for them, as well. Immigrants account for one quarter of patents, twice their share of the population, and are three times more likely than native-born individuals to file a patent. Best and the Brightest as well as Less-Skilled Workers are needed to enhance global competitiveness

7 Kauffman Foundation Report, Oct. 2012; Fig. 9

8 Kauffman Foundation Report, Oct. 2012, Fig. 4

9 White House AAPI Fact Sheet (2012) In fiscal year 2012, more than 91,000 individuals born in Asia obtained green cards through employment-based immigrant visa petitions. But immigrants from India and China can wait 10 years or longer for some employment-based immigrant visas. Close to 93,000 individuals waiting in the employment-based immigrant backlog as of November 1, 2012, are from Asian countries. In 2009, Indian immigrants represented 56% of all Masters students seeking degrees in computer science and engineering, and China and India sent nearly half of all foreign nationals pursuing science, technology, engineering, and math (STEM) doctorates. Almost half of Asian immigrant adults have a bachelor’s degree or higher. Petitioners from India (64%) and China (7.6%) continue to be the largest users of the H-1B program. Four Indian firms — Cognizant, Infosys, Tata Consultancy Services and Wipro — brought more than 26,000 Indians to work in the US in 2012 under the H-1B visa scheme, according to research by Professor Ron Hira, of the Rochester Institute of Technology.Professor Ron Hira


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