MASUDA, FUNAI, EIFERT & MITCHELL, LTD. CHICAGO * LOS ANGELES * SCHAUMBURG

Presenter Information Mr. Bob White Masuda Funai Schaumburg Office - (847) Chicago Office – (312)

2015 Update On Immigration Changes Affecting Students

Current Immigration Information Complimentary Immigration Legal Updates Are Available In The Immigration Group Section At

Issues in Student Programs 1.Overview of Government Agencies – USCIS, ICE (SEVP & CTCEU), CBP, DOL & DOS 2.SEVIS Procedures & Problem A. Reporting Address Changes 1. F-1/J-1 Status - SEVIS System 2. USCIS -

Issues in Student Programs 3. Employment Options – OPT and AT A.OPT for F-1 Students 1.12 Month OPT - CPT vs OPT - When to Apply – 30 Day Rule - Student Responsibilities During OPT - Work (Paid or Volunteer) At Least 20 Hours/Week in Job Related To Major - Notify School of Changes - Periods of Unemployment

Issues in Student Programs 3.Employment Options – OPT and AT Month OPT Extension for STEM Grads - Eligibility Requirements 1. STEM Major (Not Minor or Concentration) 2. E-Verify Company ( - When To Apply – What Is The Deadline? - Student Responsibilities During OPT - Work (Paid or Volunteer) At Least 20 Hours/Week in Job Related To Major, Unless Self Employed Owner - Notify School of Changes & Student’s 6 Month Validation Report - Periods of Unemployment (No 10-Day Grace Period) - Employer’s Responsibilities - Future of STEM OPT (Executive Actions)

Issues in Student Programs 3.Employment Options – OPT and AT B.Increased Enforcement in F-1 Program C.AT for J-1 Students 4.International Travel A. Pre-Graduation B. Post-Graduation - 12 Month OPT - 17 Month STEM OPT Extension - H-1B Cap Gap “Plus” Relief C. I-94 Card Automation (

H-1B Nonimmigrant Process 1.What is H-1B Status? 2.Overview of the Procedure – 1.Labor Certification Application through Department of Labor (DOL) 2.Petition for Nonimmigrant Worker through the USCIS 3.H-1B Visa through U.S. Consulate

H-1B Process – Step One 1.Labor Condition Application (LCA) A.Wages – Actual Wage vs. Prevailing Wage - Prevailing Wage – B.Working Conditions C.Work Stoppage D.Warnings 2.Dependent vs Non-Dependent H-1B Employer - Other Possible Attestations 3.LCA Public Access File

H-1B Process – Step Two 1.What Occupations Qualify for H-1B Classification? 2.Foreign National Must Qualify A.Academic Background B.Employment Experience 3. Must Have Valid License

H-1B Process – Step Three 1. Visa Processing A.When Should I Apply For a Visa? B.How Long Does It Take & What Is The Procedure? - Nonimmigrant Visa Page in Consular Section D.Could I Be Denied An H-1B Visa? E. Can I Apply for the Visa in Canada or Mexico? F. Who Is Exempt from the Visa Requirement?

2015 H-1B Issues – Part 1 1. Managing H-1B Quota A. What is the H-1B Quota? B. Government’s Fiscal Year Defined C. When Is the Initial Filing Period? D. When was the Quota Met in FY 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 & 2015 E. Random Selection Process (aka H-1B Lottery) F. Future of the Quota

2015 H-1B Issues – Part 2 2. Exemptions to H-1B Quota A.A. Advanced Degree Exemption – 20,000 Cap - When Was Cap Met? - Random Selection Process (aka H-1B Lottery) - Future of Advanced Degree Exemption B. Institution of Higher Education – No Cap C. Non-Profit Research Organizations – No Cap - Issues With University/Non-Profit Research Exemption D. Is Each Petition Subject to the Quota?

2015 H-1B Issues – Part 3 3. Managing Your Status – A.When should I apply for H-1B status? B.F-1/J-1 to H-1B Change of Status 1. H-1B Cap Gap vs. Cap Gap Plus - When Does H-1B Cap Gap Relief Expire? 2. Do I Have to Be Concerned About the Quota? YES!!! YES!!! YES!!! - Apply in Multiple Quotas - CPT Options - Manage Graduation Date - New Course of Study - 17 Month STEM OPT Extension - Dependent Status

2015 H-1B Issues – Part 4 3. Managing Your Status (Continued) - D. Changing Employers & H-1B Portability E. Other Nonimmigrant Options – TN, H-1B1, E-3, L, O and E Visa 4. Aggressive Review of H-1B Petitions – Consulting & Small Companies 5. How Long Can I Remain As H-1B Nonimmigrant?

2015 H-1B Issues – Part 5 6. What Status Will My Dependents Receive? A. Can My Dependents Work and Obtain an SSN? B. Can My Dependents Travel Internationally? 7. H-1B Processing Fees A. Basic Fee, H-1B User Fee, H-1B Fraud Fee and New Enhanced H-1B Fraud Fee B. Premium Processing (Optional) 8. Future of H-1B Fees/Procedures (Executive Actions) 9. When Should I Start the Green Card Process?

Green Card Process 1.Diversity Visa Lottery (FY2016 DV Lottery – October 1, 2014 to November 2, 2014) 2.Family-Based Green Cards - Repeal of DOMA 3.Employment-Based Green Cards 4.Future of Green Cards

MASUDA, FUNAI, EIFERT & MITCHELL, LTD. CHICAGO * LOS ANGELES * SCHAUMBURG