Most Frequently Used Visa Options for Hiring Foreign Nationals Ari Sauer & Bruce E. Buchanan Siskind Susser PC – Immigration Lawyers * Memphis, TN * Nashville, TN * Atlanta, GA (615) or (901)

Optional Practical Training (OPT) Available to college graduates for 1- year of employment with employer if directly relates to major area of study. Available to college graduates for 1- year of employment with employer if directly relates to major area of study. Essentially an extension of student’s F-1 status but with Employment Authorization Document (EAD). Essentially an extension of student’s F-1 status but with Employment Authorization Document (EAD).

OPT OPT Employer does not have to file Petition; rather employee files for EAD, usually through assistance of school. Employer does not have to file Petition; rather employee files for EAD, usually through assistance of school. After one-year of employment, employee is eligible for additional 17 months of employment on OPT if: After one-year of employment, employee is eligible for additional 17 months of employment on OPT if: Employee has STEM degree, andEmployee has STEM degree, and Employer uses E-Verify.Employer uses E-Verify.

OPT OPT Must find employment within 90 days of graduation. Must find employment within 90 days of graduation. H-1B “Cap Gap” - employees are protected if OPT ends on or after April 1 and before H-1B employment begins on October 1 by being allowed to continue to work until H- 1B starts. H-1B “Cap Gap” - employees are protected if OPT ends on or after April 1 and before H-1B employment begins on October 1 by being allowed to continue to work until H- 1B starts.

TN Visas Available only to Canadian and Mexican nationals engaged in activities at a professional level. Available only to Canadian and Mexican nationals engaged in activities at a professional level. Each TN Visa is valid for up to 3 years. Previously, only 1 year visas. Each TN Visa is valid for up to 3 years. Previously, only 1 year visas. No limit on the number of extensions of TN visa although you must show ties back to Canada or Mexico. No limit on the number of extensions of TN visa although you must show ties back to Canada or Mexico.

TN Visas TN Visa is for foreign national who is coming to work temporarily in U.S. in business activities at professional level. TN Visa is for foreign national who is coming to work temporarily in U.S. in business activities at professional level. Similar to H-1B, except there is no limitation on length of stay and can be filed at any time during the year. Similar to H-1B, except there is no limitation on length of stay and can be filed at any time during the year. Generally covers a broader range of job opportunities than H-1B. Generally covers a broader range of job opportunities than H-1B.

TN Visas Most foreign nationals will only be eligible with college degree although management consultants/analysts can be approved without such, if it can be proven that work experience is equivalent. Most foreign nationals will only be eligible with college degree although management consultants/analysts can be approved without such, if it can be proven that work experience is equivalent. However, management consultants receive more scrutiny by USCIS and CBP. However, management consultants receive more scrutiny by USCIS and CBP.

TN Visas Canadians may apply for status at the border or file an I-129 with the USCIS; Canadians may apply for status at the border or file an I-129 with the USCIS; Mexicans must file I-129 with USCIS prior to entry. Mexicans must file I-129 with USCIS prior to entry. Dependents are TD and are not authorized to work. Dependents are TD and are not authorized to work.

L-1A & L-1B Intracompany Transferee For someone employed abroad for at least one year who will be transferred to employer’s U.S. parent, branch, affiliate, or subsidiary For someone employed abroad for at least one year who will be transferred to employer’s U.S. parent, branch, affiliate, or subsidiary Must be executive, manager, or have specialized skill/knowledge (professional) Must be executive, manager, or have specialized skill/knowledge (professional) Initially granted for up to 3 years, and 5 year extension possible for specialized knowledge, 7 years for managers/executives Initially granted for up to 3 years, and 5 year extension possible for specialized knowledge, 7 years for managers/executives Good transition to “green card” for L-1A Good transition to “green card” for L-1A No quota problem No quota problem

H-1B Professionals (“Specialty Occupation”) For jobs that, throughout the U.S., require at least a bachelor’s degree For jobs that, throughout the U.S., require at least a bachelor’s degree Foreign degree must be equivalent to US degree Foreign degree must be equivalent to US degree Labor condition application (LCA) Labor condition application (LCA) Must pay prevailing wage or higher Must pay prevailing wage or higher Admission for up to 6 years (some exceptions) Admission for up to 6 years (some exceptions) High filing fees High filing fees “Dual Intent” status “Dual Intent” status Spouses can apply for work authorization in certain situations Spouses can apply for work authorization in certain situations

E-3 professionals (“specialty occupation”) from Australia Very similar to H-1B, but only for citizens of AustraliaVery similar to H-1B, but only for citizens of Australia No quota problemsNo quota problems For jobs that, throughout the U.S., require at least a bachelor’s degree For jobs that, throughout the U.S., require at least a bachelor’s degree Granted in two-year increments, no limit, provides good transition to “green card” Granted in two-year increments, no limit, provides good transition to “green card” Employer may skip filing petition with USCIS and have employee apply at consulate Employer may skip filing petition with USCIS and have employee apply at consulate Spouses can work Spouses can work

O-1 persons of extraordinary ability Must prove extraordinary ability in sciences, arts, education, business, or athletics, by “sustained national or international acclaim”Must prove extraordinary ability in sciences, arts, education, business, or athletics, by “sustained national or international acclaim” Requires extensive documentation Requires extensive documentation Employer files petition with USCIS Employer files petition with USCIS Initial period of up to 3 years, no limit on extensions, good transition to “green card” Initial period of up to 3 years, no limit on extensions, good transition to “green card”

J-1 Exchange Visitor Trainee and Intern Trainee has degree, certificate, and/or experience related to the training fieldTrainee has degree, certificate, and/or experience related to the training field Intern is recent overseas college graduate Intern is recent overseas college graduate Programs may last up to 18 months Programs may last up to 18 months Requires meticulous training plan Requires meticulous training plan Certain Sponsor Programs can create/facilitate these programsCertain Sponsor Programs can create/facilitate these programs

J-1 Exchange Visitor Program Sponsors Not many companies have J-1 programs, but most higher ed. institutions do, and some non-profits do. Increasing interest in J-1 training programs among large companiesNot many companies have J-1 programs, but most higher ed. institutions do, and some non-profits do. Increasing interest in J-1 training programs among large companies Lengthy process to gain authorization from Dept. of State to host J-1s Lengthy process to gain authorization from Dept. of State to host J-1s Administration of a program is complex (utilize SEVIS system to issue documents so DHS can track users) Administration of a program is complex (utilize SEVIS system to issue documents so DHS can track users) Sponsors may be granted authority to host J-1s in various categories: professor, research scholar, short- term scholar, specialist, teacher, government visitor, international visitor, physician, au pair, camp counselor, summer work/travel, and trainee/intern Sponsors may be granted authority to host J-1s in various categories: professor, research scholar, short- term scholar, specialist, teacher, government visitor, international visitor, physician, au pair, camp counselor, summer work/travel, and trainee/intern Depending on category/activity, several months or several years Depending on category/activity, several months or several years

Bruce Buchanan’s Bio Bruce E. Buchanan is an attorney at the Nashville and Atlanta offices of Siskind Susser PC, where he primarily represents employers in all aspects of immigration law, with a special emphasis on employer immigration compliance, as well as employment/labor law matters. Mr. Buchanan received his law degree from the Vanderbilt University School of Law in Before going into private practice in 2003, he served as senior trial specialist for the National Labor Relations Board for 20 years. Mr. Buchanan also served for 12 years as Adjunct Professor at William H. Bowen UALR School of Law. Mr. Buchanan authors his own blog on employer immigration compliance, located at is a guest blogger for LawLogix, located at and is a monthly columnist for HR Professionals Magazine. He is also the editor of the Tennessee Bar Association's Immigration Law Section Newsletter, TBA’s Labor & Employment Law Newsletter, and the AILA’s Georgia-Alabama Newsletter. Mr. Buchanan recently served on the American Immigration Lawyers Association’s National Verification Liaison Committee. He is past-Chair of the TBA's Immigration Law Section and Arkansas Bar Association’s Labor and Employment Section. Mr. Buchanan is admitted to practice in Tennessee, Georgia, Florida, and Arkansas, and before the U.S. Court of Appeals for the Fifth, Sixth, Eighth, and D.C. Circuits. Phone: (615)

Ari Sauer’s Bio Ari J. Sauer represents corporate and individual clients in all areas of U.S. immigration law. Mr. Sauer is an Elected Director of the Board of Governors of the American Immigration Lawyers Association (AILA). He has served on the AILA Board of Governors since Mr. Sauer has previously served as Chapter Chair of the AILA Mid South Chapter, which includes the states of Tennessee, Mississippi, Arkansas, Kentucky, and Louisiana. He regularly speaks about immigration law for AILA and the Federal Bar Association and has contributed a number of articles on immigration publications. Mr. Sauer regularly answers questions on immigration law in his blog, The Immigration Answer Man at The Immigration Answer Manwww.immigrationanswerman.comThe Immigration Answer Manwww.immigrationanswerman.com Phone: (901)