1. Presented to: UNCC Students February 20, 2015 6100 Fairview Road, Suite 200 Charlotte, NC 28210 P 704.442.8000 www.garfinkelimmigration.com

2.  Based in Charlotte, North Carolina  One of the largest immigration law firms in the Southeast  Six (6) immigration attorneys & twenty (20) paralegals/support staff  Our clients include: ◦ Numerous NC colleges & universities ◦ Several NC healthcare systems ◦ One of the largest automotive suppliers in the world ◦ One of the largest supermarket chains in the U.S. ◦ The second largest public school system in NC 2

3.  BA & JD – Wake Forest University  Practicing Immigration & Visa Law since 1984  American Immigration Lawyers Association (AILA) ◦ Member since 1985 ◦ Carolinas Chapter President 1995 & 1996 ◦ Served on National Board of Directors  Certified as a Specialist in Immigration & Nationality Law by NC State Bar since 1997  Member of Alliance of Business Immigration Lawyers (ABIL) 3

4.  B.A., Hollins College  J.D., Stetson University  Practicing Immigration & Visa Law since 1995  Certified as a Specialist in Immigration & Nationality Law by NC State Bar  American Immigration Lawyers Association (AILA) ◦ Member since 1995 ◦ Former Secretary, Treasurer, AILA Central Florida Chapter; Former Treasurer, AILA Carolinas Chapter  Best Lawyers in America, 2013-2015  International Who’s Who of Corporate Immigration Lawyers, 2012-2015 4

5.  Introduction  Temporary Work Visas (including H-1B Visa) ◦ Types of Visas ◦ H-1B Issues  “Green Card” Options, Process & Availability  Questions & Answers 5

6.  Department of Homeland Security comprised of: ◦ US Citizenship & Immigration Services (“CIS”) ◦ US Immigration & Customs Enforcement (“ICE”) ◦ US Customs & Border Protection (“CBP”)  Department of State: ◦ Responsible for visa services at U.S. consulates abroad  Department of Labor: ◦ Administers Permanent Employment Certification Application process 6

7. Two Visa Categories Nonimmigrant – Temporary Immigrant – Permanent (Green Card) 7

8. Non- immigrant Visa Type Sponsorship RequiredDuration of Visa Self PetitionWork PermissionSpousal Work Permission H-1BEmployer must sponsor and cover all associated fees Up to 6 years (longer in some cases) NoYesNo H-3 TraineeEmployer must sponsor Up to 2 years, no extension NoEmployment only incidental to training, stipend No J-1 Exchange Visitor (Trainee/Intern) Approved agency must sponsor 18 months (Trainee); 12 months (Intern) NoWith DOS approval Yes, with EAD L-1A/L-1B Intracompany Transferee Employer must sponsor Up to 7 years (L-1A) or 5 years (L-1B) NoYesYes, with EAD E-1/E-2 Treaty Trader/Investor Employer must sponsor Up to 5 years, renewable indefinitely Yes- If owner of company YesYes, with EAD O-1 Extraordinary Ability Employer must sponsor Up to 3 years and extensions possible NoYesNo TN- NAFTAEmployer must sponsor Up to 3 years and extensions possible NoYesNo 8

9.  B-1/B-2 (Visitor Visa/Visa Waiver)  F-1 (Student Visa)  H-3 & J-1 (Trainee Visas)  L-1 (Intracompany Transferee)  E-1/E-2 (Treaty Visas)*  O-1 (Extraordinary Ability)*  TN-1 (NAFTA Professional)*  H-1B (Professional)* 9

10.  Always employer-specific  May be position- & location-specific (depending on visa type)  Processing times for visa petition approval/visa issuance normally 90-120 days  Premium Processing Program - $1,225 secures 15-day adjudication/review 10

11.  Position offered must require at least a Bachelors degree  FN must possess degree (or equivalent) related to position offered  Visa is location & job specific 11

12.  Six (6) year limit (with exceptions) – granted in maximum of 3-year increments  Employer must file petition, agree to pay “required wage” & return transportation costs upon termination  FN in valid H-1B status may transfer & work for new employer upon filing of H-1B petition (portability) 12

13.  Since 1990, annual cap on number of H-1B petitions which may be approved  USCIS may only approve 65,000 visa petitions per fiscal year  Additional 20,000 visas authorized for those with U.S. Masters & Ph.D. degrees 13

14.  Filing period began April 1, 2014  On April 7, 2014, USCIS reached 65,000 H-1B petition cap AND 20,000 H-1B “advanced degree” cap  USCIS received approximately 172,500 total petitions 14

15.  Filing period begins April 1, 2015  Many expect cap to be reached in early April  Once cap is reached, no “cap subject” H-1B petitions accepted until April 1, 2016 (absent change in law) 15

16.  The following are subject to annual cap: ◦ FNs seeking H status for 1 st time ◦ FNs changing from cap-exempt to cap-subject employer  The following are NOT subject to annual cap: ◦ Petitions for FNs currently in H-1B status (i.e., extensions or change of employers) ◦ FNs who have been counted against H-1B cap within past 6 years ◦ FNs who work at institutions of higher education or nonprofit related to/affiliated with institutions of higher education 16

17.  Applies to F-1 students on OPT where H-1B petition accepted on or after April 1  Extends employment authorization from OPT end date (if after April 1 and before October 1) to H-1B effective date  Does not authorize travel 17

18.  E-1/E-2 - Treaty Trader/Treaty Investor  O-1 - Extraordinary Ability  TN - Treaty NAFTA  L-1 – Intracompany Transferee 18

19. Five Ways to Qualify Family Asylum Investment Diversity Lottery Employment 19

20. Priority Workers EB-1 Advanced Degree Professionals and FNs of Exceptional Ability EB-2 Professionals, Skilled and Unskilled Workers EB-3 Special Immigrants EB-4 Employment Creation EB-5 Five (5) employment-based categories: 20

21.  International Managers & Executives  Outstanding Professors & Researchers*  FNs of Extraordinary Ability * ◦ *USCIS regulations contain list of eligibility criteria 21

22.  To qualify as “advanced degree professional”, FN must possess advanced degree & position must require advanced degree (or equivalent)  USCIS regulations set out criteria for exceptional ability  Can bypass labor certification process by proving employment would serve U.S. “National Interest” 22

23.  For FN who possesses 4-year university degree where job offered requires degree; or  For FN who possesses minimum of 2 years of experience in position requiring minimum of 2 years of experience 23

24.  STEP 1 – Labor Certification (“PERM”) ◦ Requires proof of no minimally qualified available U.S. workers ◦ Current Processing times: 18 months if no DOL audit ◦ 12+ months if audited 24

25.  STEP 2 – Immigrant Petition, Form I-140 ◦ Current processing times: Six (6) months +  Step 3 – Application for Adjust Status, Form I-485** ◦ Current Processing times: Up to nine (9) months ** APPLICATION CANNOT BE FILED UNLESS PRIORITY DATE IS CURRENT 25

26. CURRENT 1st Preference CURRENT 2 nd Preference January 1, 2014 3 rd Preference 26

27. CURRENT 1 st Preference September 1, 2005 2 nd Preference December 22, 2003 3 rd Preference 27

28. CURRENT 1 st Preference March 15, 2010 2 nd Preference September 1, 2011 3 rd Preference 28

29.  Increase number of years STEM graduates can participate in OPT  Allow individuals whose 1st college degree is in STEM but 2nd degree is not to qualify for STEM OPT (e.g., MBAs with Bachelors in Engineering)  Expand STEM degree field list  Issue guidance to clarify ability of entrepreneurs, researchers, inventors & founders to quality for National Interest Waiver green card  Temporary injunction affects only expanded DACA & DAPA programs 29

30.  Uncertain in light of Executive Action  Comprehensive law would likely include ◦ Legal status for “undocumented” ◦ Employee verification system ◦ Changes to legal immigration 30

31. Steve.Garfinkel@garfinkelimmigration.com 6100 Fairview Road, Suite 200 Charlotte, NC 28210 P 704.442.8000 www.garfinkelimmigration.com