Life After F-1 and J-1 Visas Immigration Life After F-1 and J-1 Visas Alvillar Law, PC 85 NE Loop 410; Suite 560 San Antonio, Texas 78216 (210) 525-0888 francisco@al-pc.com

Presentation Overview : Part I: Nonimmigrant visas Part II: Immigrant visas

Nonimmigrant Visa Categories A Diplomats B Visitors (bus/pleasure) C Transit D Crewman E Treaty trader/investors F Academic students G International Organization H Temporary workers I Journalists/Media J Exchange visitors K Fiancés/fiancées of US citizens L Intracompany transferees M Vocational students N Parents or children of special immigrants O Persons of extraordinary ability P Athletes or entertainers Q International cultural exchange visitors R Religious workers S Federal witnesses (sneaky snitches) T Trafficking of persons victims TN NAFTA professionals (Mexico and Canada) U Certain crime victims V Certain spouses/children waiting for green cards

H-1B Visa Employer sponsored for up to 6 years in a “specialty occupation” 3 Requirements: Job must require a Bachelor’s degree or higher in specific field Beneficiary must have at least the relevant Bachelor’s degree or equivalent Employer must pay the prevailing wage

Procedure File Labor Condition Application (LCA) -- Employer must pay prevailing wage; no adverse work conditions for US workers File H-1B petition (Form I-129) Overall processing time frame: 3-4 months normally Premium processing possibility: 2 weeks

Advantages of H-1B: Duration: Time to work toward green card 6 year maximum 1 year stay outside U.S. refreshes 6 years additional H extensions if green card started by end of 5th year Time to work toward green card No advertising or test of the U.S. labor market H-1B portability when change employers

Disadvantages of H-1B: Tied to one employer Not flexible like F-1 OPT Paperwork, cost and delay October 1st start date + cap race Fees: $6000 filing fee & legal fee

What is the H-1B “cap”? 65,000 per fiscal year Of 65,000, 6,800 carved out for Chile and Singapore Separate 20,000 for graduates with U.S. master’s degree or higher The order has changed in which individuals are counted against the cap.

20,000 U.S. Master’s Exemption Defining receipt of degree “complete requirements for degree” Accredited U.S. institutions All advanced degrees included Master’s cases considered under both caps

H-1B Cap Exemptions College/university employees Related or affiliated nonprofit entities Nonprofit research organizations Government research organizations Prior cap H-1B holders

OPT Timeline & Cap Gap Extension Apply 2/27/18 60-day grace period Program end date 5/27/18 7/26/18 Apply for H 4/1/2019 EAD expires 7/23/2019 You choose your OPT start date Example: 7/24/18 12 months OPT plus cap gap extension 10/1/2019 Apply up to 120 days before your chosen start date -- 90 days before program end date and up to 60 days after.

Other NIVs F/J: back to school options E-1/E-2: treaty traders/investors L-1: move out of U.S. for a year L-2: derivative spouses with work authorization TN: Trade NAFTA (Mexican and Canadian Citizens)

Other NIVs continued L-1: multinational transferee E-1/E-2: treaty traders/investors Carry on substantial trade (E-1) Start/buy a company (E-2) Spouse may obtain work permit Must be a treaty country, but no limit L-1: multinational transferee 12 months foreign employment during last 3 year No country restrictions/time limitations Executive, manager, specialized knowledge Lower cost, green card, harsh adjudications

TN Visa Mexican/ Canadian citizens Unlimited extensions Strict NIV Up to 3 years in job in listed occupation Bachelor’s degree/license in that field Common TN Occupations: Accountant Architect College/university professor Computer systems analyst Engineer Management Consultant

Questions?

How Can I Become a US Permanent Resident? Family-based Employment-based

Family Relationship Basis Immediate Relatives – children, spouses, or parents of US citizens (no limit per year, no wait) Unmarried sons & daughters of US citizens (23,400 visas per year) Spouses/minor children & unmarried sons and daughters of US permanent residents (114,200 visas per year) Married sons and daughters of US citizens (23,400 visas per year) Brothers and sisters of US citizens (65,000 visas per year) US citizen son or daughter sponsor must be age 21 or over

Family Based Green Card Ways to Get a Family Based Green Card Adjustment of Status AOS (USCIS) Establish Family Relationship Immigrant Visa Petition (USCIS) Consular Processing Overseas (DOS)

Employment Basis Priority Workers (EB-1) 40,000 visas per year Extraordinary ability (self-sponsor) Outstanding professors & researchers (tenure-track position) Business executives & managers (no labor certification required) Advanced degree holders (EB-2) Professionals with advanced degrees or exceptional ability in sciences, arts & business (labor certification required) National Interest Waiver of labor certification requirement Skilled & unskilled workers (EB-3) 40,000 visas per year Skilled workers in short supply Professionals with bachelor’s degree Unskilled workers in short supply (all require labor certification) Special Immigrants (EB-4) 10,000 visas per year Religious workers; certain US govt. employees; Panama Canal employees; plus certain dependent juveniles Investors (EB-5) Must invest between $500,000 and $1 million Must create at least 10 full-time jobs

Most Common Way to Get an Employment-Based Green Card (for EB-2, EB-3) Adjustment of Status AOS (USCIS) PERM (Program Electronic Review Management) (DOL) I-140 Immigrant Visa Petition (USCIS) Consular Processing Overseas (DOS)

Green Card Processing Backlogs “Priority date” is “current” EB-3 category and India and China in EB-2 category: It could take five years or longer to get an immigrant visa, even if you start today! See our website for more information Contact Congress about visa delay

Quota Delay: Wait for Priority Date to File Adjustment of Status Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES 1st C 2nd 15FEB08 01SEP04 3rd 01MAY07 22JAN07 22NOV02 01SEP06 Other Workers 01JUL03 4th Certain Religious Workers 5th Targeted Employment Areas/ Regional Centers 5th Pilot Programs

Parting Thoughts Realistic assessment is important Planning ahead is key Get to know employers soon Think of alternative and creative employment options

Need help with immigration matters? How to choose an immigration attorney Interested in an immigration consultation? Contact: Alvillar Law, PC 85 NE Loop 410; Suite 560 San Antonio, Texas 78216 (210) 525-0888 francisco@al-pc.com

Questions?