Download - International Talent Acquisition
International Talent Acquisition and Immigration Law
Interactive Seminar with Carl Shusterman
Kennedy InformationJanuary 22, 2009
. . U S Immigration The Open Door
“ Give me your tired, your poor, your huddled masses yearning to breathe free.”
- Emma Lazarus
The Law Offices of Carl Shusterman
…The Door Slowly Closes
1875: Congress Bars Criminals & Prostitutes
1882: The Chinese Exclusion Act
1891: No “paupers, idiots, the insane, diseased persons or polygamists” or persons whose passage was paid for by another.
1917: No “illiterates, vagrants, stowaways, alcoholics”
1921: The quota system is introduced
The Law Offices of Carl Shusterman
:Navigating the Immigration Maze
: Immigration Clearing theHurdles
: Alphabet Soup Government- , , agencies USCIS DOL DOS
; Immigration Forms Big …enough to keep me warm
: Quotas Temporary & Permanent Visas
The Law Offices of Carl Shusterman
- Temporary Business Visas Part I
B-1 Business Visa
E-1 Treaty Trader
E-2 Treaty Investor
E-3 Australian Professional
H-1B Professional
H-3 Trainee
The Law Offices of Carl Shusterman
- Temporary Business Visas Part II
J-1 Exchange Visitor
L-1 Intracompany Transferee
O-1 Extraordinary Ability
P-1 Performers and Athletes
R-1 Religious Worker
TN Occupations
The Law Offices of Carl Shusterman
-1 H B Professionals Basic Qualifications
Possession of University Degree Job Requires University Degree Prevailing Wage Dual Intent
The Law Offices of Carl Shusterman
-1 - H B Professionals Limitations
Annual Numerical Caps - 65K and 20K 6,800 H-1B’s for Citizens of Singapore and
Chile Exemptions from Cap Maximum Duration – 6 years Exemptions from Maximum Duration No work permits for H-4 Spouses and Kids
The Law Offices of Carl Shusterman
– 1 J Exchange Visitors
Includes Medical Residents & Fellows
Two-Year Home Residency Requirement
Waivers from Two-Year Requirement
Work Permits for J-2 Spouses No Dual Intent
The Law Offices of Carl Shusterman
-1 L A Intracompany Managers andExecutives
Must be Employed Abroad for 1 Year In Same Capacity For Same Company Or for Parent, Subsidiary or Affiliate
The Law Offices of Carl Shusterman
-1 :L A Benefits and Limitations
No Numerical Cap No Prevailing Wage Requirement Maximum Duration – 7 Years Work Permits for L-2 Spouses Easy Transition to Permanent Residence Blanket Petitions Dual Intent
The Law Offices of Carl Shusterman
-1 L B Specialized KnowledgeWorkers
Must be Employed Abroad for 1 Year In Same Capacity For Same Company Or for Parent, Subsidiary or Affiliate
The Law Offices of Carl Shusterman
-1 :L B Benefits and Limitations
No Numerical Cap
No Prevailing Wage Requirement
Maximum Duration – 5 Years
Work Permits for L-2 Spouses
Requires PERM for Permanent Residence
Dual Intent
The Law Offices of Carl Shusterman
-1 O Extraordinary Ability Visas
For Those Who Have Risen to Top of Field
No Numerical Cap No Prevailing Wage Requirement No Maximum Duration - Initially for 3 Years No Work Permits for Spouses
The Law Offices of Carl Shusterman
( )TN Trade NAFTA
For Canadian and Mexican citizens only
60+ Occupations – Mostly Professionals
No Numerical Cap or Maximum Duration
Extensions Required Every Three Years
Canadians are Visa – Exempt
No Dual Intent
No Work Permits for Spouses
The Law Offices of Carl Shusterman
How to Obtain Permanent:Residence
Employment Relatives Visa Lottery Investment Asylum
The Law Offices of Carl Shusterman
( -1)Priority Workers EB
Persons of Extraordinary Ability Outstanding Professors and Researchers Multinational Managers and Executives
The Law Offices of Carl Shusterman
Persons with Advanced Degrees or ( -2) Exceptional Ability EB
M.D., J.D., Ph.D, Masters or Bachelors Plus Five Years
PERM Requirement – Recruiting for U.S. Workers
National Interest Waivers – For Physicians National Interest Waivers – For Others
The Law Offices of Carl Shusterman
Professional and Skilled Workers( -3)EB
Persons whose jobs Require 4-year Degree Persons whose jobs Require 2-years of
Experience PERM Requirement – Recruiting U.S.
Workers
The Law Offices of Carl Shusterman
– Green Cards through Employment:Procedure
Demonstrate that there are No Qualified U.S. Workers for Position
Prevailing Wage Requirement Advertisements in Print Media, Internet,
Job Fairs, etc.
The Law Offices of Carl Shusterman
– Green Cards through Employment :Waiting Times
Annual Numerical Cap – 140,000 including Spouses and Children
Visa Bulletin – Published Monthly by State Department
Per-Country Limitations - 7% Requirement Countries with Significant Backlogs Grounds of Inadmissibility
The Law Offices of Carl Shusterman
How to Obtain Additional Information and Stay Updated
Immigration Laws, Regulations & Procedures are Ever Changing
Our Website –www.shusterman.com Contains Thousands of Articles/Links U.S. Immigration Daily News Ticker Free, Monthly E-mail Newsletter – Over
57,000 Subscribers
The Law Offices of Carl Shusterman