INTERNATIONAL STUDENTS
AND THE “ROAD TO THE
GREEN CARD”.
Presented by:
David H. Nachman, Esq.
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.
(VISASERVE)
History
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Open-door policy
First immigration restriction 1875-1917
First quota system 1917-1951
INA passed 1953
IRCA passed 1986
Immigrant vs
Nonimmigrant Visas
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Nonimmigrant
B Visitors
F Student
H Specialty Workers
L Intercompany
Transferee
O Extraordinary ability
P Performing Artists
R Religious Workers
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Immigrant
EB1 Outstanding
Research & Professors
EB2 Advanced Degree
Professionals
EB3 Bachelors
A Typical Path to a Green
Card
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F Visas (students)
H-1B Visas (employees)
Employment Based Permanent
Residence
H-1B Visas
Temporary Professional
Visas
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For Professional-Level workers who are coming
to the US to work for a US employer in a
specialty occupation
– Alien must possess at least the equivalent of
a US Bachelor’s degree AND
– Job offer must require at least a Bachelor’s
– “Three for One Rule”- 3 yrs of work
experience can be substituted for 1 yr of
academic study in order to equate the work
experience to a Bachelor’s
Examples of Specialty
Occupations
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Some occupations in the regulations:
Chemist, biologist, engineers, physicists,
software developers, system analysts,
accountants, economists, teachers,
architects
If an occupation is not in the regulations, is
a Bachelor’s degree normally required?
Period of Validity
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Generally valid for a total of 6 years
Time spent outside of the US can be
recaptured
Some exceptions available where
additional time in H-1B status will be
granted in 3 year increments beyond
the 6 year period
Employer Specific
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H-1Bs are employer specific, but
– Concurrent H-1Bs are permitted, and
– H-1Bs are portable
– Part-time employment is permitted
Cap on H-1B Visas
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Numerical Limitation: 65,000 annually
Additional 20,000 visas for those with
US advanced degrees
Cap was met for non advance degree
cases on first day of filing for FY 2008receiving over 180,000
Exemptions from the H1B cap
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Current H-1Bs seeking extensions or
transfers to another employer (the cap
limits the number of requests for initial
employment that CIS may approve
each year)
Statutorily exempt employers such as
institutions of higher education and
nonprofit research organizations
H-1B Petitions
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H-1B petitions include:
– Form G-28
– Form I-129 with H supplements
– Certified Labor Conditions Application
(LCA)
– Supporting Documentation
Supporting Documentation
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Petitioner’s detailed letter of support
describing the job duties
Copy of the foreign national’s Bachelor’s
degree and transcripts
Evidence that the individual has obtained
any required license for the proposed
position
Evidence of the foreign national’s legal
nonimmigrant status
Supporting
Documentation (cont.)
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If the foreign national possesses a
foreign degree, an educational
evaluation must be obtained from a
USCIS-recognized evaluation service
indicating that the foreign degree is
the equivalent of the US degree.
If the 3 for 1 rule is being used,
evidence of the experience
The Labor Conditions
Application (LCA)
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Attestations made to the US Department
of Labor (DOL) by an employer seeking
to hire employee(s) as an H-1B
worker(s).
Sets forth the number of workers sought,
the occupational classification, the
prevailing wage, the method used to
determine the prevailing wage, and the
actual wage rate paid
LCA must be available for public
inspection within one day of filing the
LCA with the DOL
H-1B Alternatives
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E Visa
L Visa
O Visa
P Visa
R Visa
B-1 Visa
TN Visa
E-3 Visa
H-1B Gap Fillers
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Take a long vacation
Temporarily change to visitor visa
Automatic extension of student status
Temporarily change to a nonimmigrant training visa
(H-3)
B-1 Visa in Lieu of an H-1B visa
Extension of OPT from 12 to 29 months for
individuals with STEM degrees employed by an Everify employer
J-1 training visa
Employment Based
Permanent Residence
Requirements:
 Full-time employment
 Attainment of DOL Labor Certification
 Ability to pay
 Availability of Immigrant visa number
1st Preference (EB1):
No Labor Cert Required
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Outstanding Professors & Researchers
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Aliens of Extraordinary Ability
- Top of their field
EB1 Evidence
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Publications
Presentations at International
Symposia
Judging the Work of others
International Prizes
Patents
Contribution of Original Research in
the field
2nd Preference (EB2):
Labor Cert Usually Required
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Advanced Degree Professional
- Job requires a degree beyond a BA
National Interest Waiver:
NO Labor Cert Required
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Seeking employment in an area of
“substantial intrinsic merit”
The benefit will be national in scope
The national interest would be
adversely affected if a labor cert were
required
3rd Preference (EB3):
Labor Cert Required
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Aliens who hold Bachelor’s degrees
and are members of the professions
Aliens capable of performing skilled
labor
Aliens capable of performing unskilled
labor
Procedure for PERM
Position & Prevailing Wage Determination （PWD）
Posted Notice, In-house Media, Job Order, & Advertisements
Recruitment Report
Filing
DOL Process
DOL Notice （Approval or Audit Request）
Response to Audit Request from DOL
Final Approval or Denial
Immigration Reform and
Control Act of 1986
(“IRCA”)
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11/6/1986
Requires that all employers complete
Employment Eligibility Form (I-9) for
newly hired employees.
Designed to control the problem of
illegal immigration
Thank You
Questions?
Please contact our office for further
information:
David_nachman@visaserve.com
201-670-0006 (ext 100)
http://www.visaserve.com
http://www.visaserve-entertainment.com/
Canadian Immigration
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For some, immigration to the U.S. is
not an easy option.
Our office has several Canadian
Immigration Attorneys on the staff to
assist individuals and businesses with
transfers to Canada and to select
foreign countries throughout the
world.