1. Immigration Visas After Graduation Cornell University Johnson Career Counselors Meeting July 27, 2011 Miller Mayer, LLP 202 E. State Street Ithaca, NY 14850 (607) 273-4200 www.millermayer.com www.millermayer.com

2. H-1B Nonimmigrant Visas Nonimmigrant VisasNonimmigrant Visas (NIV)  Employer sponsored for up to 6 years in a “specialty occupation”  3 Requirements: Job must require a Bachelor’s degree or higher in specific fieldJob must require a Bachelor’s degree or higher in specific field Beneficiary must have at least the relevant Bachelor’s degree or equivalentBeneficiary must have at least the relevant Bachelor’s degree or equivalent Employer must pay the prevailing wageEmployer must pay the prevailing wage

3. 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 normally3-4 months normally Premium processing possibility: 2 weeksPremium processing possibility: 2 weeks

4. Advantages of H-1B:  Duration: 6 year maximum6 year maximum 1 year stay outside U.S. refreshes 6 yrs1 year stay outside U.S. refreshes 6 yrs additional H extensions if green card started by end of 5 th yearadditional H extensions if green card started by end of 5 th year  Time to work toward green card  No advertising or test of the U.S. labor market – but new large employer restrictions -- and new ITAR attestations  H-1B portability when change employers

5. Disadvantages of H-1B:  Tied to one employer  Not flexible like F-1 Optional Practical Training  Paperwork, cost and delay  October 1 st start date + cap race  Fees: $825 - $3,550 filing fee $ 2,500 approx. legal fee

6. What is the H-1B “cap”? 65,000 per fiscal year 65,000 per fiscal year Of 65,000, 6,800 carved out for Chile and Singapore Of 65,000, 6,800 carved out for Chile and Singapore Separate 20,000 for graduates with U.S. master’s degree or higher Separate 20,000 for graduates with U.S. master’s degree or higher

7. Race for H cap visas  Quota year: October 1 to September 30  Apply Earliest: April 1 (6 months before)  Past years’ H-1B quota filled:  August 10, 2005 (FY 2006)  May 26, 2006 (FY 2007)  April 3, 2007 (FY 2008)  April 7, 2008 (FY 2009)  December 21, 2009 (FY 2010)  January 26, 2011 (FY 2011)  If needed, USCIS conducts “lottery” to select cases to be considered for H-1B approval

8. 20,000 U.S. Master’s Exemption Defining receipt of degree Defining receipt of degree “complete requirements for degree” Accredited U.S. institutions Accredited U.S. institutions All advanced degrees included All advanced degrees included Master’s cases considered under both caps Master’s cases considered under both caps

9. H-1B Cap Exemptions College/university employees College/university employees Related or affiliated nonprofit entities Related or affiliated nonprofit entities Nonprofit research organizations Nonprofit research organizations Government research organizations Government research organizations Prior cap H-1B holders Prior cap H-1B holders J-1 shortage area waivered doctors J-1 shortage area waivered doctors

10. Moving from ‘Exempt’ to ‘Cap Subject’ Employer Makes you subject to the cap Makes you subject to the cap Concurrent employment: consider part-time with each job Concurrent employment: consider part-time with each job Pre-October 1 portability Pre-October 1 portability Changing jobs between April 1 and October 1 Changing jobs between April 1 and October 1

11. Career options and alternatives for MPAs Government jobs Government jobs Entrepreneurial jobs Entrepreneurial jobs Small town and academic jobs Small town and academic jobs Overseas jobs Overseas jobs Lower expectations of employment in the United States Lower expectations of employment in the United States

12. MPA prep for H-1B competition Internships, get to know employers early Internships, get to know employers early Land jobs early Land jobs early File by April 1 st, in Masters or Bachelors cap File by April 1 st, in Masters or Bachelors cap ‘completed all degree requirements’ ‘completed all degree requirements’ Obtain Registrar’s letter/degree early Obtain Registrar’s letter/degree early

13. Cap H alternatives: non-cap H Not-for-profit, university affiliated Not-for-profit, university affiliated University University Government research Government research Not-for-profit research Not-for-profit research File any time during year File any time during year No quota and lower government filing fees No quota and lower government filing fees

14. Cap H alternatives: Accelerate Green Card filing? Enter Diversity Visa lottery ( 55,000 randomly selected annually ) Enter Diversity Visa lottery ( 55,000 randomly selected annually ) Make concurrent I-140 and I-485 filing, if priority date current Make concurrent I-140 and I-485 filing, if priority date current Options for concurrent filing: NIW ( national interest ), EB-1-1 ( extraordinary ability ), EB-1-2 ( outstanding professor or researcher ) Options for concurrent filing: NIW ( national interest ), EB-1-1 ( extraordinary ability ), EB-1-2 ( outstanding professor or researcher ) Overseas work option: EB-1-3 ( multinational manager ) Overseas work option: EB-1-3 ( multinational manager )

15. H-1B Conclusion H-1B visas are the workhorse of the temporary worker visa categories, but are complex and must be done correctly to avoid immigration or Labor Department violations. Limited supply makes careful planning essential.

16.  E-3: only for Australians 2 year renewable, indefinitely2 year renewable, indefinitely 10,500 annual quota10,500 annual quota LCA only, consular filingLCA only, consular filing Spouse and child work permitsSpouse and child work permits  L-1: multinational transferee multinational transfereemultinational transferee 12 months foreign employment12 months foreign employment Executive, manager, specialized knowledgeExecutive, manager, specialized knowledge Lower cost, green card, harsh adjudicationsLower cost, green card, harsh adjudications Spouse work permitsSpouse work permits Other NIVs

17. Mexican/ Canadian (NAFTA) citizens Mexican/ Canadian (NAFTA) citizens Unlimited extensions Unlimited extensions Residence outside U.S. Residence outside U.S. Up to 3 years in job offer in listed occupation Up to 3 years in job offer in listed occupation Bachelor’s degree/license in that field Bachelor’s degree/license in that field See chapter 16 of NAFTA and 8 C.F.R. § 216.4 See chapter 16 of NAFTA and 8 C.F.R. § 216.4 Treaty Nations Treaty Nations

18. Accountant Accountant Architect Architect College/university professor College/university professor Computer systems analyst Computer systems analyst Engineer Engineer Graphic designer Graphic designer Management consultant Management consultant Occupational therapist Occupational therapist Registered nurse Registered nurse Scientific technician Scientific technician Social worker Social worker Urban planner Urban planner Common TN Occupations

19. Bring to U.S. port of entry: Bring to U.S. port of entry: Proof of citizenshipProof of citizenship Statement from employer stating the qualifications of the positionStatement from employer stating the qualifications of the position Evidence of applicant’s qualifications for that positionEvidence of applicant’s qualifications for that position Filing feeFiling fee Approved applicants can leave and re-enter the U.S. with their endorsed multiple entry I- 94 cards Approved applicants can leave and re-enter the U.S. with their endorsed multiple entry I- 94 cards TN Procedure for Canadians

20. How Can I Become a US Permanent Resident? Family-based Family-basedFamily-based Employment-based Employment-based Employment-based Employment-based Diversity Lottery Diversity LotteryDiversity LotteryDiversity Lottery

21. Family Relationship Basis Immediate Relatives –children, spouses, or parents of UScitizens (no limit per year) Immediate Relatives –children, spouses, or parents of UScitizens (no limit per year) Unmarried sons & daughters of US citizens (23,400 visas per year) 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) 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) Married sons and daughters of US citizens (23,400 visas per year) Brothers and sisters of US citizens (65,000 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 US citizen son or daughter sponsor must be age 21 or over

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

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

24. PERM Labor Certification  A certification from the Department of Labor that a particular position at a particular company is “open” because no qualified U.S. workers are available  Employer must complete 5 kinds of recruitment, show ability to pay wage and prepare audit file Electronic filing with US DOL Electronic filing with US DOL Upon certification, must file I-140 within 180 days Upon certification, must file I-140 within 180 days Final step: may have to wait for some EB-2, EB-3s Final step: may have to wait for some EB-2, EB-3s

25.  Three types of EB-1 priority workers: 1.EB-1-1 Extraordinary ability aliens Extraordinary ability aliensExtraordinary ability aliens 2.EB-1-2 Outstanding professors and researchers Outstanding professors and researchersOutstanding professors and researchers 3.EB-1-3 Multinational executives and managers Multinational executives and managersMultinational executives and managers  EB-2 (Advanced degrees, Exceptional ability) with “national interest” waiver Advanced degrees, Exceptional abilityAdvanced degrees, Exceptional ability I-140 Green Card Petitions (without PERM Labor Certification)

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

27. Sources of Information on Immigration Law  Citizenship & Immigration Services Citizenship & Immigration Services Citizenship & Immigration Services –Statutes & regulations –Forms –Procedures and instructions –Contact information –Processing times

28. Sources of Information on Immigration Law U.S. Department of State U.S. Department of State U.S. Department of State U.S. Department of State –Links to embassies & consulates worldwide –Application procedures and consulate closings –Wardens messages and travel advisories –Public announcements –Derivative citizenship and renunciation –Visa Bulletin regarding priority dates

29. Issues of Relevance for CU MPA students: Past student experiences in applying for OPT, H, and PR Past student experiences in applying for OPT, H, and PR Loopholes to be aware of Loopholes to be aware of H process for the employer vs. foreign student H process for the employer vs. foreign student Employer reluctance in hiring foreign students Employer reluctance in hiring foreign students Technical degrees an advantage? Technical degrees an advantage?

30. F-1 and J-1 work authorization Curricular Practical Training (CPT) – Curricular Practical Training (CPT) –  Internship or work experience while studying for a degree OPT/Post- or Pre-Degree OPT/Post- or Pre-Degree  Permitted to work in the US for 1 year under F-1 visa  FICA exempt  SEVIS employer registration  Unemployment > 90 days is a problem  Volunteering can help  Travel can be difficult, extend for 17 months, total 29 months  E-verified employer On campus On campus

31. Cap H alternatives: OPT and more OPT 12 months F, 18 and 36 months J 12 months F, 18 and 36 months J STEM EVerify 17 month extensions (29 months minimum and 2 tries at H cap race) STEM EVerify 17 month extensions (29 months minimum and 2 tries at H cap race) EVerify’s fate and lobbying to expand STEM exception? EVerify’s fate and lobbying to expand STEM exception?

32. Program end date 5/27/11 60-day grace period 7/26/11 You choose your OPT start date Example: 7/24/11 12 months OPT plus cap gap extension Apply up to 120 days before your chosen start date -- 90 days before program end date and up to 60 days after. 10/1/2012 Apply 2/27/11 OPT Timeline & Cap Gap Extension Apply for H 4/1/2012 EAD expires 7/23/2012

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

34. Need help with immigration matters? How to choose an immigration attorney How to choose an immigration attorneyimmigration attorneyimmigration attorney Interested in an immigration consultation? Interested in an immigration consultation?immigration consultationimmigration consultation Sign up for a free monthly immigration newsletter Sign up for a free monthly immigration newsletterfree monthly immigration newsletterfree monthly immigration newsletter Contact: Contact: Miller Mayer, LLP 202 E. State Street, Suite 700 Ithaca, NY 14850 (607) 273-4200 info@millermayer.com

35. Questions?