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LEAVY, FRANK & DELANEY, LLC 3 Bethesda Metro Center, Suite 505 Bethesda, Maryland 20814 (P) 301.656.2102 (F) 301.656.4728

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Presentation on theme: "LEAVY, FRANK & DELANEY, LLC 3 Bethesda Metro Center, Suite 505 Bethesda, Maryland 20814 (P) 301.656.2102 (F) 301.656.4728"— Presentation transcript:

1 LEAVY, FRANK & DELANEY, LLC 3 Bethesda Metro Center, Suite 505 Bethesda, Maryland 20814 (P) 301.656.2102 (F) 301.656.4728 Immigration workshop for international postdocs and researchers

2 What we will cover Types of Visas J-1s and 212(e)Waivers Other Temporary Options Thinking about Permanent Residence Self-Sponsored Green Cards The Evidence and Documents Required Visa Numbers and Retrogression Image courtesy of xedos4 /

3 Non-Immigrant Visas Each visa has its own requirements, timelines availability Your I-94 indicates how long you can stay in the US What’s D/S? Status can be changed and/or extended by USCIS (or possibly not…) Visa stamp is for initial or re-entry to the US after travel Visa stamp is not determinative of status Image courtesy of zirconicusso/

4 A path well travelled OPT 12 months (17 month STEM Extension) J-1 Research Scholar 5 years H-1B 6 years Conservatively an individual can utilize up to 12 years of temporary visa status Image courtesy of chanpipat/

5 J-1s Don’t have to deal with USCIS Easy to Administer & Transferable J-2 Employment Tax treaties I mage courtesy of tungphoto/ 212(E) Image courtesy of watcharakun/ 212(e)

6 Section 212(e) What is it? Am I subject? How & why am I subject? What can I do? Appearances can be deceiving… I mage courtesy of Stuart Miles/

7 Why me? Skills List Government Financing Graduate Medical Education Skills Image courtesy of Stuart Miles/ FreeDigitalPhotos.netCurrency Image courtesy of jscreationzs/ FreeDigitalPhotos.netDog Image courtesy of grant cochrane/

8 But are you? BUT:Is the Consulate always right? Incorrect annotation on DS-2019 Incorrect information on the visa stamp Can Request an advisory opinion I buttons mage courtesy of Stuart Miles/ FreeDigitalPhotos.netVisa Image courtesy of foto76/

9 Waivers: No-Objection Waiver Interested Government Agency/State health Waiver Exceptional Hardship Persecution IImage courtesy of master isolated images/ FreeDigitalPhotos.netLearn Image courtesy of Stuart Miles/

10 Alternatives Not all alternatives are created equal If 212(e) exists: NO Change of Status; or, H-1B; L-1 visa But: You can obtain an O-1; TN; E-3; or, B-1/B-2 If no 212(e) is not an issue, then all options are on the table Image courtesy of Stuart Miles/

11 H-1B Visas Specialty Occupation Cap Exempt v Cap Subject H-1b at Cap exempt & concurrent PT H-1B at Cap Subject H-1b is dual intent and can be maintained up until the day you get GC Image courtesy of akarakingdoms/

12 O-1 Visa Sciences/Business: O-1A – Sustained acclaim. Top of the field. No kazarian… A Waiver is not required to obtain O-Visa status if the applicant has an outstanding 212(e) requirement Images courtesy of Stuart Miles/

13 TN Visa available to Canadian and Mexican citizens for certain professional positions Initial TN can be requested for 3 years Not Dual intent No Waiver required to obtain a TN-Visa Stamp Canada Image courtesy of mapichai/ FreeDigitalPhotos.netMexico Image courtesy of Salvatore vuono/

14 E-3 Visa National of Australia Specialty Occupation Paid at the (higher of) the actual or prevailing wage Image courtesy of Ohmega1982/

15 B-1 Visa Utilize the B-1 for a short term period Restrictions: Usually paid from home country Honorarium and incidental expenses for ‘usual academic activity’ – not more than 9 days; no more than 5 in a 6 month period I Image courtesy of Surachai/


17 EMPLOYER sponsored Versus SELF SPONSORED Employer: Traditional method and (somewhat) easily navigable Self: Gives you additional options; can open doors; but, restrictive. Be prepared and understand Image courtesy of Stuart Miles/ FreeDigitalPhotos.netImage courtesy of renjith krishnan/

18 BE PREPARED Circumstances can change your career and your (self-sponsored) visa have a certain degree of cross over Images courtesy of Stuart Miles/

19 Employer Sponsored PERM Employer advertises the position to see if any qualified US Citizen or PR apply File with DOL. Upon certification, then file with USCIS PERM Special Handling Special Process for Universities designed to recruit the MOST QUALIFIED Applicant Outstanding Researcher (EB-1) ‏ : No Advertising 6 criteria, show you meet 2: Plus a minimum of 3 years experience Employer must show at least 3 full time employees and Position is “Permanent” (includes tenure, tenure track, at-will, etc.) ‏

20 Extraordinary Ability Evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. One-time achievement (that is, a major, international recognized award) OR Meet a minimum of three out of ten listed criteria

21 Part Two of the Test The Kazarian Memo Recognized as one of the few at the top of your field. Sustained national or international acclaim Image courtesy of vectoroliw/

22 National Interest Waiver NIW Standards: Advanced Degree Substantial Intrinsic Merit National in Scope Serve the National Interest to a substantially greater degree than a U.S. Citizen with minimum qualifications

23 Evidence Image courtesy of Stuart Milesi/


25 Where Can you file? In the United States: File I-485, Adjustment of Status Overseas: Sent to NVC, then US Consulate in your Home Country

26 What Does Retrogression Mean? Date must be current at time of filing AND at time of approval India or China you CANNOT file an I-485 based upon your EB2. This does not apply individuals from other countries file an I-485 based upon the EB-1 and the EB-1 is denied, the I-485 will be denied even if the EB-2 is still pending.

27 Retrogression-Backlogs May 2014 Visa Bulletin EB-1 (Extraordinary Ability, Outstanding Professor or Researcher): Visa numbers are current for everyone and are expected to remain so for both countries. EB-2 (National Interest Waiver, PERM): China April 15, 2009 India November 15, 2004 All other countries current

28 Congressional Bills ? ? ?

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