how will being laid off impact your immigration status?

How Will Being Laid Off Impact Your Immigration

Status?

Law Office of Kathryn N. Karam P.C. 2

The Law Office of Kathryn N. Karam, P.C. is an immigration-focused law firm located in Houston, Texas. Whether we are helping companies bring in talented employees, helping a foreign investor start a business, uniting a family, or helping victims to flee from violence, we are proud of our ability to craft creative solutions to complex immigration problems.

12/9/2015


Kathryn Karam is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. She has over eight years of experience in the following areas of immigration law:• Family and Employment-

related immigration • Citizenship and

Naturalization• Deportation and Removal• Issues with Customs and

Border Protection

About the Speaker

12/9/2015


We have been working with employees of oil and gas companies since our inception.

• We assist with transfer of family members to the United States (fiancée petitions, marriage-based petitions, and petitions for adult children)

• We prepare and submit self-petitions for individuals in the energy sector

• We assist with naturalization applications, including cases involving extensive travel and requests for expedited naturalization 12/9/2015


Four basic categories: U.S. Citizen Lawful Permanent Resident (“green card,” “LPR,”

“Tarjeta de Residente”) Nonimmigrant visa holder (temporary visa, work

visa, etc.) Undocumented – entered without authorization and

without passing through a checkpoint, no authorization to be in the United States, or status has expired

Broad Immigration Overview

Immigration Attorneys may work with all of these categories.

12/9/2015


Most work visas do not allow for self-employment. Therefore, most foreign workers’ status is based on employment with a sponsoring company.

• H-1B: If you stop working for that employer, your authorization to be here no longer exists.

• L-1: Your authorization to be here is based on the relationship of your former employer outside the U.S. and your current employer in the U.S. in a managerial, executive, or specialized knowledge capacity. If the U.S. company is bought by an unrelated entity, your authorization to work in the U.S. no longer exists.

Stopping employment on most work visas technically means you are no longer in status.

When You’re on a Work Visa and You Stop Working

12/9/2015


There is no grace period in U.S. immigration law for a person who is laid off or fired. If you have little notice of a layoff, you have to act quickly:

• Dispose of personal property, vehicles, etc.• Make payment arrangements for real estate, etc.• Kids may be finishing a semester, spouse may have

ongoing employment contract, etc.

Responding to a layoff

12/9/2015


If you have concerns that you may be laid off, consult with an immigration attorney early so that you are prepared.

Know your rights: H-1B and O-1 employers are required to pay for your return flight home.

If you would like remain in this country: immigration is extremely fact-specific; an immigration attorney would be able to go over your options with you.

Take Action Now

12/9/2015


Change of Status to B-2

• Option for Short-Term Stay• File ASAP if you are laid off • You may change to another status in the

future if you qualify. • NOTE: Processing may take 6-8 months.

If you ask for 3 months, plan to file an extension/change to another status or depart the U.S. before this date.

12/9/2015


Change of Status to B-2 (cont’d)

Spouse and children under 21 file with you to change status.• What about children who are turning 21 soon? • If enrolled/enrolling in college or university,

consider change of status to F-1 • Note: Tuition rates may change with the status!

12/9/2015


Departing U.S. – Can You Return in the Future?

If you can’t change status or don’t want to, arrange to depart the U.S. and consider future options: • H-1B: if had already been counted in the H-1B cap and you leave

the U.S., a new employer may file an H-1B petition without being subject to the cap again by requesting the remaining time left out of the six-year H-1B maximum.

• L-1: if you leave the U.S. and become employed overseas with a multinational company, you may qualify to transfer back into the U.S. after 1 year of continuous employment overseas.

• E-2: if you are interested in investing in and directing a company in the U.S. and are from an E-2 treaty country.

• TN: for Canadian/Mexican nationals in specific professional roles. No self-employment allowed.

• E-3: for Australian nationals in professional occupations 12/9/2015


Long-Term Stay in the U.S.

Visas are temporary.

If you’re interested in becoming a resident of the U.S., you need a different process.

What if you want to stay in the U.S. long-term?

12/9/2015


Long-Term Stay in the U.S.

Your employer may choose to sponsor you for residence…

BUT

Many companies have policies that limit the circumstances in which they will sponsor employees for

residence…

AND

If you’re concerned about being laid off, this is probably not happening.

So what can you do? 12/9/2015

14

Self-Petitions for Permanent Residence

You may be able to Self-Petition for Permanent Residence in the United States!

• Extraordinary Ability (EB-11/EB-1A) Petition

• National Interest Waiver (EB-2) Petition

There is no job offer required for either of these petitions. However, you must show that you will continue working in your field of endeavor. Law Office of Kathryn N. Karam P.C. 12/9/2015


Self-Petitions for Permanent Residence (cont’d)

• A Self-Petition by itself does not allow you to stay in U.S. unless you can concurrently file an application for residence along with it.

• A Self-Petition does not authorize you to work in the U.S. unless you can concurrently file an application for residence along with it and get an Employment Authorization Document (“EAD” or “work permit”).

• Currently, the EB-2 category (NIW) for nationals of India and China is backlogged. However, these petitions can continue while the applicant is out of the United States, so they offer a future path to return if they are approved.

12/9/2015

16

EB-11 Extraordinary Ability Petition

Must show receipt of major international awardOR at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

• Membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

• Published material about you in professional or major trade publications or other major media, relating to your work in the field for which classification is sought;

• Evidence of your participation, either individually or on a panel, as a judge of the work of others in the same or a similar field for which classification is sought;

• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

• Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media;

• Evidence of the display of your work in the field at artistic exhibitions or showcases;• Evidence that you have performed in a leading or critical role for organizations that have

a distinguished reputation;• Evidence that you have commanded a high salary or other significantly high remuneration

for services, in relation to others in the field; • Evidence of commercial successes in the performing arts, as shown by box office receipts or

record, cassette, compact disk, or video sales; or• Other comparable evidence.


EB-11 Extraordinary Ability Petition

Pros• Applicants may file for residence concurrently with this petition.

Priority dates are current for all countries – no backlog/wait to file for residence even if you’re from India or China!

• May request premium processing if you need a fast decision (BUT note that the premium processing unit may issue a Request for Evidence which may slow the processing down)

Cons• High standard that a person must meet • If you file concurrently as a way of trying to stay in the U.S. and

the petition is denied, filing fees for application for residence are sunk

12/9/2015


EB-2 National Interest Waiver Petition

o Must fit EB-2 category:• Have an advanced degree (master’s or higher) or bachelor’s degree and five years of

experience OR• Exceptional ability: at least three of following:

Degree/diploma related to the area of exceptional ability; Letters from employer(s) showing at least ten years of full-time experience in the

occupation for which he or she is being sought; License/certification to practice the profession; Evidence of high salary demonstrating exceptional ability; Membership in professional associations; Recognition for achievements and significant contributions to the industry or field by

peers, governmental entities, or professional or business organizations; If above standards do not apply to your field, other comparable evidence.

o Your work must be national in scopeo Your work must be in a field of substantial intrinsic merito You must show that it is not in the U.S. National Interest to

require an employer to show there are no qualified U.S. workers available for your position (i.e. file a labor certification). 12/9/2015


EB-2 National Interest Waiver Petition(cont’d)

Pros• Lower standard than EB-11 petitions• Subjective

Cons• No premium processing • EB-2 category is backlogged for India and China

(but still can offer a path back to the United States in future years even if an applicant must depart the United States in the meantime)

12/9/2015


Question: Why would you file one of these Self-Petitions if you have to file concurrently and it might not get approved and you lose your filing fees?

My answer: Talk to a skilled, specialized immigration lawyer about your case so you can make an informed decision – it is an investment that may or may not pay off. It may be worth the risk to you – it’s an important decision.

Question: Why would you file a self-petition if it may not allow you to stay here? • Examples: NIW for China or India• Person who has assignment or offer overseas that they want to take at this

time

My answer: even if it doesn’t authorize you to remain in the U.S. right now or work in the U.S. right now, an approved self petition offers a way to return to the U.S. later and become a resident in the future. Requires showing that you are entering the U.S. to continue to work in your field of endeavor 12/9/2015

EB-2 National Interest Waiver Petition(cont’d)


Pending Application for Permanent Residence During Layoff

What happens if you are laid off when you already have an employment-based petition approved and an application for residence pending (or you are getting ready to file one)?

o Portability under American Competitiveness in the 21st Century Act (AC-21)

o Basic eligibility requirements: • Approved Employment-Based I-140 petition; • I-485 Application pending 180 days or more; and• Working the same field in a similar occupation – USCIS has a

new draft policy memorandum out about how they will review AC-21 portability in these cases.

Get help from an experienced attorney – your residence is riding on this!

12/9/2015


Confused Yet?

The immigration process involves technicalities.

The immigration process is not automated – you can’t log in, scan in your credentials, and be told in 10 minutes if

you’re going to become a resident!

Little things (typos, sending petitions to the wrong address, missing a notification from immigration) can have big

consequences.

I consider the process an art - not a science - and I love being an artist! 12/9/2015


Thank you

To schedule a consultation, please call

(832)582-0620

For more information,please visit

KaramImmigration.com

12/9/2015

how will being laid off impact your immigration status?

Documents

kathryn karam

immigration status

immigrationfocused law

workinglaw office of

layoff7law office of

nationality law

new immigration options

complex immigration