© 2004 By Default! iCanada Direct Immigration Services Inc. Are Pleased to Announce that we are Now Offering US Immigration Services A Free sample background from www.awesomebackgrounds.com Slide 1 © 2004 By Default! iCanada Direct Immigration Services Inc. Your Immigration Solution www.iCanadaDirect.Com A Free sample background from www.awesomebackgrounds.com Slide 2 © 2004 By Default! iCanada Direct Immigration Services Inc. Helping you meet challenges and seize opportunities iCanada Direct Immigration Services Inc. 1037 McNicoll Ave, Suite 200B Toronto, Ontario M1W 3W6 A Free sample background from www.awesomebackgrounds.com Slide 3 © 2004 By Default! Visa Categories Employment-based visas Family-based visas This presentation will emphasize US Employment-based visas A Free sample background from www.awesomebackgrounds.com Slide 4 © 2004 By Default! EMPLOYMENT BASED (EB) IMMIGRANT VISA CATEGORIES AND THE INVESTOR (E) VISA CATEGORIES A Free sample background from www.awesomebackgrounds.com Slide 5 © 2004 By Default! EMPLOLYMENT-BASED VISAS Generally, a U.S. job offer is essential for employment based visas. A Free sample background from www.awesomebackgrounds.com Slide 6 © 2004 By Default! EMPLOYMENT-BASED VISAS Employment Based Preferences for Permanent Resident Status -EB-1 Priority Worker – no labor certification required -EB-2 Advanced degree professionals & aliens of Exceptional Ability (National Interest waiver option) -EB-3 Professional, Skilled and Unskilled Workers -EB-4 Special Immigrants (re-acquisition of citizenship & religious workers) -EB-5 Employment creation (Investors) A Free sample background from www.awesomebackgrounds.com Slide 7 © 2004 By Default! EB-1A: EXTRAORDINARY ABILITY Standard – a level of expertise indicating that the beneficiary has risen to the top of the field of endeavor Must demonstrate sustained national or international acclaim and recognition in the field of expertise A Free sample background from www.awesomebackgrounds.com Slide 8 © 2004 By Default! EB-1B: OUTSTANDING PROFESSORS AND RESEARCHERS Outstanding professor or researcher in an academic field Foreign national must have three years experience teaching and/or research Non-university employer must show that it employs at least three full time researchers and has accomplishments in the academic field A Free sample background from www.awesomebackgrounds.com Slide 9 © 2004 By Default! EB-1C: MULTINATIONAL MANAGERS & EXECUTIVES Similar to L-1A except job abroad must have been in executive or managerial position (not specialized knowledge) Employer abroad and in U.S. “commonly owned and controlled” Manager/executives employed with company abroad for one year out of past three Will fill management or executive position in U.S. A Free sample background from www.awesomebackgrounds.com Slide 10 © 2004 By Default! EB-2: ADVANCED DEGREE PROFESSIONALS AND EXCEPTIONAL ABILITY Advanced degree = master’s degree or higher Exceptional Ability may be non-degreed -less stringent than Extraordinary Ability Labor certification required unless National Interest Waiver obtained A Free sample background from www.awesomebackgrounds.com Slide 11 © 2004 By Default! EB-2: ADVANCED DEGREE PROFESSIONALS Certified position must require a Master’s or higher degree or foreign equivalent degree -Master’s equivalence: Bachelor’s degree + 5 years progressive experience in the field A Free sample background from www.awesomebackgrounds.com Slide 12 © 2004 By Default! EB-2: ADVANCED DEGREE PROFESSIONALS If relying on Bachelor’s degree + 5 years experience: -Foreign national must have U.S. Bachelor’s degree or foreign equivalent + 5 years post Bachelor’s experience - Foreign national cannot satisfy Bachelor’s degree requirement with equivalent that is based upon education + experience A Free sample background from www.awesomebackgrounds.com Slide 13 © 2004 By Default! EB-2: EXCEPTIONAL ABILITY SCHEDULE A Job Offer required Available to qualified nurses and physical therapists A Free sample background from www.awesomebackgrounds.com Slide 14 © 2004 By Default! EB-2 NATIONAL INTEREST WAIVER No job offer required Advanced degree or exceptional ability Waives Labor Certification requirement Will do work in the national interest of the United States A Free sample background from www.awesomebackgrounds.com Slide 15 © 2004 By Default! EB-3 Skilled Workers Professionals = Bachelors degree or higher Skilled Workers = at least 2 years of training or experience Other workers = less than two years experience Requires Labor Certification/job offer A Free sample background from www.awesomebackgrounds.com Slide 16 © 2004 By Default! EB-4 Special Immigrants Those who are returning permanent residents and those seeking reacquisition of citizenship Religious Workers – Must be a member of a religious denomination having a bone fide, nonprofit religious organization in the U.S. – Will carry on vocation as a minister OR work in a professional capacity for the religious organization A Free sample background from www.awesomebackgrounds.com Slide 17 © 2004 By Default! EB-5 Alien Entrepreneurs Immigrant Petition filed by the immigrant investor on his or her own behalf Entering for the purpose of engaging in a new commercial enterprise – Invested in by the foreign national ($1,000,000, or sometimes $500K) A Free sample background from www.awesomebackgrounds.com Slide 18 © 2004 By Default! “New” Commercial Enterprise Creation of an original business on or after November 29, 1990 Purchasing an existing business and restructuring it so that a new one results (more than just a change in form of business such as from proprietorship to corporation) Expanding existing business by at least 40% of net worth or number of employees A Free sample background from www.awesomebackgrounds.com Slide 19 © 2004 By Default! Investment by Foreign National Generally requires $1,000,000 However, only $500,000 in rural or low employment targeted areas if invested in existing “regional centers” government approved safe investment groups. Investment also provides financial return. Money is not lost. A Free sample background from www.awesomebackgrounds.com Slide 20 © 2004 By Default! Nonimmigrant Visa Categories Employment visas based on a job offers for a temporary period of time from 3 months to 7 years. Often transition into permanent (immigrant) visas A Free sample background from www.awesomebackgrounds.com Slide 21 © 2004 By Default! E-1 Treaty Trader E-1 Classification is for Treaty Traders entering the United States solely for the purpose of carrying on trade between the United States and the Treaty country Trade may include goods, services, or technology A Free sample background from www.awesomebackgrounds.com Slide 22 © 2004 By Default! E-2 Treaty Investor E-2 Classification is for the Treaty Investors entering the United States solely to direct the operations of an enterprise in which s/he has invested or is investing Investment must be substantial A Free sample background from www.awesomebackgrounds.com Slide 23 © 2004 By Default! E-2 Treaty Investor E-2 Classification is for Treaty Investors entering the United States solely to direct the operations of an enterprise in which s/he has invested or is investing Investment must be substantial A Free sample background from www.awesomebackgrounds.com Slide 24 © 2004 By Default! E-1 & E-2 Threshold Requirements Requisite Trade or Investment Treaty Exists – Always check the Foreign Affairs Manual Business Concern has nationality of the Treaty Country Beneficiary has nationality of the Treaty Country A Free sample background from www.awesomebackgrounds.com Slide 25 © 2004 By Default! E-1,E-2 Nationality The Nationality of a Business is determined by tracing the ownership back to the individual owners. For publicly-traded companies which are traded only on the stock exchange in the Treaty Country, it is presumed the company holds the nationality of the Treaty Country A Free sample background from www.awesomebackgrounds.com Slide 26 © 2004 By Default! E-1 Trade Requirement Trade Items: goods, services, international banking, insurance, monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology, and some news gathering activities Trade requires existing international exchange Trade must be substantial Trade must be principally between U.S. and the Treaty Country A Free sample background from www.awesomebackgrounds.com Slide 27 © 2004 By Default! E-1 Substantial Trade Requirement Substantial trade is an amount of trade sufficient to ensure a continuous flow of international trade items between the U.S. and the Treaty Country Numerous transactions over time. A single transaction won’t suffice, no matter what the monetary value. No minimum volume or monetary requirement for each individual transaction A Free sample background from www.awesomebackgrounds.com Slide 28 © 2004 By Default! E-1 Principal Trade Requirement E-1 Status is for those engaged in trade principally between the United States and the Treaty Country of which the beneficiary is a national Trade is principally between the United States and the Treaty Country where more than 50% of the international trade volume of the treaty trader is conducted between the United States and the Treaty Country. A Free sample background from www.awesomebackgrounds.com Slide 29 © 2004 By Default! E-1 International Exchange Requirement Trade is existing if binding contracts have been negotiated. International exchange requires that the title to trade items pass between the Treaty Country and the U.S. Exchange must be traceable and identifiable. A Free sample background from www.awesomebackgrounds.com Slide 30 © 2004 By Default! E-2 Requirements To support an E-2 visa, an investment must be: -Active -Substantial To support an E-2 visa, an enterprise must be: -Real and Operating -More than marginal To support an E-2 visa, a beneficiary must be -If the owner, develop and direct the enterprise -If employee, serve as an executive, Manager, or Essential Employee A Free sample background from www.awesomebackgrounds.com Slide 31 © 2004 By Default! E-2 Active Investment Requirement Investment is placing capital at risk with the objective to earn a profit Capital must be under control of the treaty investor Investment must be irrevocably committed to the enterprise and subject to loss if the enterprise fails A Free sample background from www.awesomebackgrounds.com Slide 32 © 2004 By Default! E-2 Substantial Investment Requirement Amount invested must be substantial in relationship to the total cost of purchasing an established enterprise or creating a new one of the type contemplated Amount invested must be sufficient to ensure the Treaty Investor’s financial commitment to successful operation of the enterprise Amount must be sufficient to support the likelihood that the Treaty Investor will successfully direct and develop the enterprise A Free sample background from www.awesomebackgrounds.com Slide 33 © 2004 By Default! E-2 Real Enterprise Requirement Enterprise must be real, active, & operating commercial or entrepreneurial undertaking Enterprise must produce goods for service or profit A Free sample background from www.awesomebackgrounds.com Slide 34 © 2004 By Default! E-2 “More than Marginal” Requirement Must be able to generate more than minimal income for Investor or family, or Must have capacity to make a significant economic contribution. Projected capacity should be attainable within five years. A Free sample background from www.awesomebackgrounds.com Slide 35 © 2004 By Default! E-1/E-2 Employees Employees may qualify if: The employer: -Holds E-1/E-2 Status -Would qualify to hold E-1/E-2 Status; or -Is an organization majority owned by those who would qualify and The employees will: -Serve as Executive -Manager; or -Essential Employee A Free sample background from www.awesomebackgrounds.com Slide 36 © 2004 By Default! E-2 “Develop or Direct” Requirement A beneficiary seeking investor status (or for employees, the owner) must demonstrate ownership or operational control of the enterprise A 50%-50% Joint Venture or partnership will meet this requirement because of the de facto veto power. Less than 50% generally will not meet the requirement Must develop or Direct the organization A Free sample background from www.awesomebackgrounds.com Slide 37 © 2004 By Default! Executive or Manager Position must be principally & primarily executive or supervisory Position must provide employee with ultimate control & responsibility for overall operation or major component Position -Policy-making -Supervising professional & supervisory personnel -Not supervising low-level employees -Salary and title fit with executive or managerial position A Free sample background from www.awesomebackgrounds.com Slide 38 © 2004 By Default! E Essential Employee Essential employees have special qualifications which are essential to successful or efficient operation of the enterprise Considerations: -Degree of proven expertise -Uniqueness of skill or aptitude -Length of experience of training with the treaty enterprise -Relationship of skills to nature of the enterprise -Whether the skills are readily available in the United States -Salary A Free sample background from www.awesomebackgrounds.com Slide 39 © 2004 By Default! L-1 Intra-Company Transferee An intra-company Transferee is an individual who: - Within the previous three years was employed abroad for one continuous year - With a qualifying organization - Coming temporarily to the United States - To work for a parent, subsidiary, or affiliate company - In a managerial, executive or specialized knowledge capacity - Six months previous employment if entering under L blanket petition A Free sample background from www.awesomebackgrounds.com Slide 40 © 2004 By Default! Executives Direct the management of the organization or major component or function of the organization Establish goals and policies of the organization, component, function Exercise wide latitude in discretionary decision-making Receives only general supervision from higher level executives, Board of Directors, or shareholders A Free sample background from www.awesomebackgrounds.com Slide 41 © 2004 By Default! Managers Manage organization, function, or component of organization Supervise and controls the work of other supervisors or professionals or manages an essential function or department or subdivision Have authority to hire and fire, or functions at senior level within organization or with respect to the function, manages Exercises discretion over the day-to-day operations of the activity or function managed Excludes first-line supervisors A Free sample background from www.awesomebackgrounds.com Slide 42 © 2004 By Default! Specialized Knowledge Professionals Have specialized knowledge of the petitioning organization’s product, service, research, equipment, techniques, management or other interests and its application in international markets, or Have an advanced level of knowledge or expertise in the organization’s processes and procedures Essentially must have some proprietary knowledge of the company, its unique products or services A Free sample background from www.awesomebackgrounds.com Slide 43 © 2004 By Default! Work Authorization for L-2 Spouse Spouse of L-1 nonimmigrant may apply for employment authorization Not authorized to work until Employment Authorization Document (EAD) is received Does not apply to other L-2 dependents A Free sample background from www.awesomebackgrounds.com Slide 44 © 2004 By Default! Other Visas for Business Purposes A Free sample background from www.awesomebackgrounds.com Slide 45 © 2004 By Default! H-1Bs Person in a specialty occupation, or Fashion model of distinguished merit and ability A Free sample background from www.awesomebackgrounds.com Slide 46 © 2004 By Default! H-1B Eligibility Application of a body of highly specialized knowledge Bachelor degree or higher or equivalent is required for entry into the occupation in U.S. U.S. employer Permanent position to be filled temporarily A Free sample background from www.awesomebackgrounds.com Slide 47 © 2004 By Default! Must Meet Criteria of Professional Position BA/BS or equivalent normally minimum for position Degree requirement is common in industry in parallel positions or that position so complex degree is required Nature of duties so complex that needs knowledge at BA/BS level A Free sample background from www.awesomebackgrounds.com Slide 48 © 2004 By Default! Must be a Professional BS/BA or equivalent Role of credentials evaluations Specialty occupation for computer professionals – There is a rapid and ongoing evolution in computer jobs A Free sample background from www.awesomebackgrounds.com Slide 49 © 2004 By Default! H-1B & Labor Condition Application Employer must attest to conditions of employment and pay prevailing wage. File documents with DOL before filing petition A Free sample background from www.awesomebackgrounds.com Slide 50 © 2004 By Default! Quota/Cap issues Limited Availability per year Has run out several times at current levels Six year max Incremental extensions A Free sample background from www.awesomebackgrounds.com Slide 51 © 2004 By Default! H-2s H-2As: Agricultural workers Temporary intent/labor Demonstrate that no US workers are available until at least halfway through contract Agriculture jobs A Free sample background from www.awesomebackgrounds.com Slide 52 © 2004 By Default! H-2Bs Temporary/seasonal/peak/one-time need Temporary intent Must demonstrate unavailability of US workers. File temp. labor certification No adverse effect on wages/working conditions/no labor dispute Limited visa availability A Free sample background from www.awesomebackgrounds.com Slide 53 © 2004 By Default! Os: the Extraordinary Ability Worker Extraordinary ability in the arts, sciences, education, business, or athletics Demonstrate major award or at least 3 other criteria (awards, original work, scholarship, etc.) May require consult with “peer group” A Free sample background from www.awesomebackgrounds.com Slide 54 © 2004 By Default! Ps: Professional Entertainers, Athletes, Teams P-1s: Athletes or group entertainers with international recognition P-2: Reciprocal exchange of artists, entertainers P-3: Essential support personnel A Free sample background from www.awesomebackgrounds.com Slide 55 © 2004 By Default! Additional Work/Study Visas Visitors for Business and Pleasure – B1/B2 (no employment permitted) J-1 Exchange Visitors – various categories provide for employment opportunities Academic and Vocational Students- F and M—requires enrollment in an educational institution Fiancées –K1 A Free sample background from www.awesomebackgrounds.com Slide 56 © 2004 By Default! Visitor for Business – B1 Eligibility requirements – Purpose of trip is for business – Plan to stay for specific, limited time period – Employed or self employed abroad – Paid from abroad - Value of activities accrue to foreign employer - May have expenses paid by US entity A Free sample background from www.awesomebackgrounds.com Slide 57 © 2004 By Default! Examples of B-1 Activities Consult/attend meetings at U.S. corporation Conventions, conferences, or seminars Litigate Conduct research Negotiate contracts or buying and selling Install, service, or repair equipment Professional athletes playing in tournaments, events, and competitions Religious activities Personal or domestic employees coming with family A Free sample background from www.awesomebackgrounds.com Slide 58 © 2004 By Default! Visitors for Pleasure – B2 Tourist Visa Eligibility Requirements -Legitimate activities of a recreational character - tourist -Foreign residence and intends to leave U.S. at end of specified, temporary period -Permission to enter another country at end of temporary stay -Adequate financial arrangements to carry out purpose of visit and departure A Free sample background from www.awesomebackgrounds.com Slide 59 © 2004 By Default! Visitor for Pleasure B-2 Maximum initial admissions period is six months No change of status to student unless stated intent at time of admission (B “Prospective Student”) Employment prohibited A Free sample background from www.awesomebackgrounds.com Slide 60 © 2004 By Default! Examples of B-2 Activities Tourism or visits to family or friends Medical Treatment Attending conventions, conferences, or events for fraternal, social or service organizations Amateur athletes and entertainers (no compensation) Brief, incidental study (recreational or vocational education) Household members and domestic partners A Free sample background from www.awesomebackgrounds.com Slide 61 © 2004 By Default! Students – F and M Students attending authorized school and making continued progress towards educational goal SEVIS – Student Exchange Visitor Information System tracks students DSO – Designated School Official issues Form I-20 required for visa A Free sample background from www.awesomebackgrounds.com Slide 62 © 2004 By Default! F-1 Academic Studies Eligibility Requirements – Nonimmigrant intent – Pursue full course of study at approved academic institution – Adequate financial arrangement to pay tuition and cost of living A Free sample background from www.awesomebackgrounds.com Slide 63 © 2004 By Default! F-1 Academic Students May transfer to new school or academic program Employment permission is limited: -On campus employment of 20 hours/week or less -Off campus employment based on severe economic hardship -Curricular practical training permitted -Optional practical training—typically available at completion of studies for one year. Must apply for an Employment Authorization Document. A Free sample background from www.awesomebackgrounds.com Slide 64 © 2004 By Default! K-1 Fiance(e) Permits fiancée of U.S. Citizen to enter U.S. for 90 day period to marry petitioner Eligibility Requirements -Petition approved by USCIS -Previously met in person within two years of filing date of petition (or waiver) -Bona fide intent to marry -Legally able and willing to marry within 90 days of arrival A Free sample background from www.awesomebackgrounds.com Slide 65 © 2004 By Default! K-1 Fiancée's File K-1 petition and supporting documents The visa process at U.S. Consulate Admission to the U.S. and adjustment of status A Free sample background from www.awesomebackgrounds.com Slide 66 © 2004 By Default! Q Cultural Exchange Visitors Q-1- cultural exchange program to provide practical training, employment and sharing of history, culture, traditions -Limit 15 months A Free sample background from www.awesomebackgrounds.com Slide 67 © 2004 By Default! Q-1 Cultural Exchange Visitors Q-1- cultural exchange program to provide practical training, employment, and sharing of history, culture, and traditions A Free sample background from www.awesomebackgrounds.com Slide 68 © 2004 By Default! Q-1 Cultural Exchange Visitors Eligibility requirements: -nonimmigrant intent -18 years of age -Qualified to perform services/receive training -Ability to communicate cultural attributes to U.S. Public -Employer actively conducting business in U.S. Cultural Exchange Program open to the public Same wages/working conditions as domestic workers A Free sample background from www.awesomebackgrounds.com Slide 69 © 2004 By Default! J-1 Exchange Visitors Program administered by the U.S. Department of State’s (DOS) Bureau of Educational and Cultural Affairs (ECA) through the Office of Exchange Coordination and Designation (ECD) ECD has two Divisions -government and academic programs -private sector programs A Free sample background from www.awesomebackgrounds.com Slide 70 © 2004 By Default! J-1 Academic/Gov. Programs Many categories of J-1 visas Post-secondary Students, College/University Secondary Students Short-term Scholar Teacher Professor and Research Scholar Specialist International Visitor Government Visitor A Free sample background from www.awesomebackgrounds.com Slide 71 © 2004 By Default! J-1 Private Sector Programs Trainee – offered a trainee/internship – 18 months maximum Summer Work/Travel Alien Physician Camp Counselor Au Pair and EduCare A Free sample background from www.awesomebackgrounds.com Slide 72 © 2004 By Default! J-1 Exchange Visitors Eligibility requirements – Nonimmigrant intent – Participation in exchange program by the DOS – Sufficient funds to cover expenses – Sufficient knowledge of English for program Admission for duration of status (“D/S”) -Maintaining status -30-day grace period A Free sample background from www.awesomebackgrounds.com Slide 73 © 2004 By Default! J-1 Exchange Visitor Reinstatement to Valid Program status Transfer of sponsors Extensions of Stay Change of Category Employment J-2 Spouses and Minor Children – Employment authorized A Free sample background from www.awesomebackgrounds.com Slide 74 © 2004 By Default! J-1 2 Year Home Residency Requirement INA 212 (e) Who is subject to mandatory 2 year return home requirement---3 groups: - those whose programs are financed by home government---government of last residence or US government - those subject to “Skills List” published by DOS - those receiving Graduate medical education or clinical training (physicians and others) sponsored by ECFMG No change of status or adjustment of status permitted without a waiver A Free sample background from www.awesomebackgrounds.com Slide 75 © 2004 By Default! J-1 INA 212(e) Waivers Basis for waivers -”No objection statement” - Exceptional hardship - Interested Government Agency - Requests by a state’s Public Health Department - Specific groups Granted Waivers Waiver Procedure with DOS J-2 dependents subject to 212(E) A Free sample background from www.awesomebackgrounds.com Slide 76 © 2004 By Default! H-1B Visas for Computer Professionals A Free sample background from www.awesomebackgrounds.com Slide 77 © 2004 By Default! Specialty Occupations for Computer Professionals Rapid and ongoing evolution in computer jobs A Free sample background from www.awesomebackgrounds.com Slide 78 © 2004 By Default! Evidentiary Standards Cumulative evidence A Free sample background from www.awesomebackgrounds.com Slide 79 © 2004 By Default! Evidentiary Standards Showing that a particular position is a specialty occupation -Qualifications of predecessors in the same job? -Alien’s supervision of other professionals -Alien’s coursework or experience that may equip him/her for the job A Free sample background from www.awesomebackgrounds.com Slide 80 © 2004 By Default! Unrelated Degrees Focus on the job and employers at hand, not the field in general A Free sample background from www.awesomebackgrounds.com Slide 81 © 2004 By Default! E Visas for Computer Professionals A Free sample background from www.awesomebackgrounds.com Slide 82 © 2004 By Default! Possible E Visa Advantages No petition requirement No numerical cap No statutory limit on stay “Leveraging” duration of stay on an E Visa Less government regulation Transferability with a corporate group Proposed legislation to restrict the “outsourcing” of L-1s has not included Es A Free sample background from www.awesomebackgrounds.com Slide 83 © 2004 By Default! E Visa Eligibility Treaty Substantial Trade or Investment -Not all countries have treaties; e.g., no treaty for India, China, New Zealand, South Africa -Not all treaties authorize both E-1 and E-2 Nationalities of employer and employee must “match” Employee’s role- executive, supervisory or essential skills A Free sample background from www.awesomebackgrounds.com Slide 84 © 2004 By Default! Trade for E-1 Eligibility Includes services and technology – Defined even more broadly by CIS to include data processing, design and engineering, etc. Must be in existence -Binding contracts for immediate trade may suffice Must be substantial – Multiple and continuous transactions Must be more than 50% between treaty country and U.S. -Make sure that trade is international instead of domestic A Free sample background from www.awesomebackgrounds.com Slide 85 © 2004 By Default! Substantial Investment for E-2 Eligibility IT Companies not normally capital- intensive Proportionality – Substantial in relationship to total cost or either purchasing an existing business or creating a new one – Inverted sliding scale – the lower the total cost of the business, the higher the investment must be Walsh v. Pollard, Int. Dec. 3111 (BIA 1998) may help certain IT businesses but not those labeled as “job shops” A Free sample background from www.awesomebackgrounds.com Slide 86 © 2004 By Default! Employee’s Role Executive or supervisory -Supervisory means primarily having responsibility for a significant proportion of operations -Doesn’t generally involve direct supervision of low-level employees A Free sample background from www.awesomebackgrounds.com Slide 87 © 2004 By Default! Employee’s Role – cont’d Special qualifications making employee essential to efficient operation of the business -Degree of employee’s proven expertise -Uniqueness of skill -Length of experience -Period of training to perform job offered -Salary A Free sample background from www.awesomebackgrounds.com Slide 88 © 2004 By Default! L Visas for Computer Professionals A Free sample background from www.awesomebackgrounds.com Slide 89 © 2004 By Default! L Visa Politics Layoffs and jobless Recovery Outsourcing and Off shoring Aftermath of corporate scandals A Free sample background from www.awesomebackgrounds.com Slide 90 © 2004 By Default! Managerial Capacity L Manager on IT project may qualify as L manager See definition of “manager” “A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisory duties unless the employees supervised are professionals.” A Free sample background from www.awesomebackgrounds.com Slide 91 © 2004 By Default! Specialized Knowledge Capacity “The common theme which runs through these examples is that the knowledge which the beneficiary possesses, whether it is knowledge of a process or a product, would be difficult to impart to another individual without significant economic inconvenience to the United States or foreign firm. The knowledge is not generally known and is of some complexity.” A Free sample background from www.awesomebackgrounds.com Slide 92 © 2004 By Default! Specialized Knowledge Different or uncommon but not necessarily proprietary or unique. Advanced but not necessarily narrowly held in company. Normally gained only with employer abroad. A Free sample background from www.awesomebackgrounds.com Slide 93 © 2004 By Default! Alien Physicians: Nonimmigrant Visa Options for Training or Research A Free sample background from www.awesomebackgrounds.com Slide 94 © 2004 By Default! Nonimmigrant Categories to Consider for Alien Physicians Engaged in Training or Research J-1 H-1B TN (Canadian & Mexicans only) F-1 (OPT- practical training) J-2 (Spouse with EAD) A Free sample background from www.awesomebackgrounds.com Slide 95 © 2004 By Default! Graduate Medical Training Alien physician coming to the U.S. for graduate (post-M.D. degree) training in medical residency or fellowship programs generally utilize either J-1 or H-1B visa categories A Free sample background from www.awesomebackgrounds.com Slide 96 © 2004 By Default! J-1 for Graduate Medical Training Educational Commission for Foreign Medical Graduates (ECFMG) sponsors all J-1 physicians in graduate medical training A Free sample background from www.awesomebackgrounds.com Slide 97 © 2004 By Default! ECFMG Certification Requirements ECFMG issues Certificate for International Medical Graduates (IMGs) – Graduate of medical school listed in International Medical Education Directory of FAIMER – Passage of U.S. Medical Licensing Exam (USMLE) Step 1 (basic science) and Step 2 (Clinical Knowledge/CK) – English Proficiency – TOEFL – Passage of ECFMG’s Clinical Skills Assessment – Will incur 2 year foreign residency requirement A Free sample background from www.awesomebackgrounds.com Slide 98 © 2004 By Default! H-1B for Graduate Medical Training All elements of ECFMG certification Passage of USMLE Step 3 State License (typically resident registration) H1-B sponsorship by medical institution providing training Note: aliens who graduate from U.S. medical schools need only show state licensure A Free sample background from www.awesomebackgrounds.com Slide 99 © 2004 By Default! J-1 Visa for Non-clinical Training or Research Alien physicians may be sponsored through the exchange visitor program by a U.S. university or academic medical center for purposes of observation, consultation, teaching or research -No testing or ECFMG certification requirements -Incidental patient contact may be allowed: requires “5-point letter” from sponsor per 22 CFR 62.27 (c)(1)(ii) -Current maximum is 3 years -Commonly used for research fellowships A Free sample background from www.awesomebackgrounds.com Slide 100 © 2004 By Default! Other Non-clinical Visa Options TN, for teaching or research only (requires M.D., or state or provincial medical license) H-1B, where coming primarily to teach and/or conduct research for a public or nonprofit private educational or research institution (must have medical license abroad or U.S. M.D. degree) *only incidental patient care permissible A Free sample background from www.awesomebackgrounds.com Slide 101 © 2004 By Default! Other Visa Options F-1 Optional Practical Training (training, research or clinical) -Provides a convenient bridge from U.S. medical school to eventual H-1B J-2 EAD – available to spouses of J-1 Exchange Visitors (training, research or clinical) A Free sample background from www.awesomebackgrounds.com Slide 102 © 2004 By Default! Chefs and the Hospitality Industry A Free sample background from www.awesomebackgrounds.com Slide 103 © 2004 By Default! Nonimmigrant Visas For Chefs B-1 Visitor for Business E-2 Treaty Investor H-1B Specialty Occupation Worker J-1 Exchange Visitor L-1 Intra-Company Transferee O-1 Alien of Extraordinary Ability Cultural Exchange A Free sample background from www.awesomebackgrounds.com Slide 104 © 2004 By Default! Nonimmigrant Visas for Hospitality Industry Workers E-2 Treaty Investor H-1B Specialty Occupation Worker J-1 Exchange Visitor L-1 Intra-company Transferee O-1 Alien of Extraordinary Ability TN TN Trade NAFTA A Free sample background from www.awesomebackgrounds.com Slide 105 © 2004 By Default! H-1-B Specialty Occupation Qualifying as a “specialty occupation” (chefs) Degree requirements Degree equivalency: education + experience Teaching or lecturing at a university or culinary school The science of food preparation and nutrition Individual restaurant v. international hotel or restaurant chain A Free sample background from www.awesomebackgrounds.com Slide 106 © 2004 By Default! E-2 Investor/Restaurant Entrepreneur Capital requirements needed to start a restaurant ($200,000 +) Managing the organization Essential skills positions Training U.S. Workers A Free sample background from www.awesomebackgrounds.com Slide 107 © 2004 By Default! J-1 Chef Trainees Approved J-1 programs Transition from J-1 to O-1 or F-1 University or culinary institute programs A Free sample background from www.awesomebackgrounds.com Slide 108 © 2004 By Default! O-1 Executive and Sous Chefs of Extraordinary Ability Culinary arts Evidentiary requirements Opening a new restaurant The age factor Model letters of reference and recommendation Petitioner’s supporting statement A Free sample background from www.awesomebackgrounds.com Slide 109 © 2004 By Default! Q-1 International Cultural Exchange Exchange of culture and heritage Beneficiary qualifications and requirements Program requirements Ethnic business connection A Free sample background from www.awesomebackgrounds.com Slide 110 © 2004 By Default! Immigrant Visas and Permanent Resident Status for Chefs Executive chefs and sous chefs of extraordinary ability (EB-1) Multinational Managers and Executive Chefs of International corporations A Free sample background from www.awesomebackgrounds.com Slide 111 © 2004 By Default! Immigrant Visas and Permanent Resident Status for Hospitality Industry Workers Multinational Manager/Executive of Restaurant or Hotel A Free sample background from www.awesomebackgrounds.com Slide 112 © 2004 By Default! E-2 Investor/Restaurant Manager Capital requirements ($200,000+) Marginality issue Develop and direct requirement Management of the organization Essential skills positions Employee of a principal E-2 investor Training U.S. workers A Free sample background from www.awesomebackgrounds.com Slide 113 © 2004 By Default! H-1B Restaurant, Hotel Management and Related Positions “Professional” positions and “specialty occupations” Industry standards and degree requirements Complexity of the position/position description/supervisory responsibilities Foreign degree equivalency/experience equivalency University programs in Restaurant and hotel management A Free sample background from www.awesomebackgrounds.com Slide 114 © 2004 By Default! J-1 Restaurant or Hotel Management Trainees Scope of training and the ability of a restaurant or hotel to offer a structured program Credentials of trainee A Free sample background from www.awesomebackgrounds.com Slide 115 © 2004 By Default! L-1 Restaurant or Hotel Managers International hotel chains “Functional” management of hotel operation's; supervisory responsibilities International celebrity chef restaurant “empires” Management employees of chef/entrepreneurs A Free sample background from www.awesomebackgrounds.com Slide 116 © 2004 By Default! O-1 Restaurant or Hotel Managers and Related Positions International stature and reputation of hotel or restaurant Internationally known restaurant or hotel management and design consultants Experience requirements Peer group consultation Salary or compensation A Free sample background from www.awesomebackgrounds.com Slide 117 © 2004 By Default! Restaurant and Hotel Managers Eligibility for employment based preference status Multinational hotel and restaurant organizations Qualifying employment Managerial and executive positions A Free sample background from www.awesomebackgrounds.com Slide 118 © 2004 By Default! Immigrant Visa Petitions and Processing: Family, Special Immigrant, Diversity Visa Lottery A Free sample background from www.awesomebackgrounds.com Slide 119 © 2004 By Default! Categories of Family Relationships Immediate relatives – spouses, unmarried children and parents of United States Citizens Preference Immigrants -1st- unmarried sons and daughters of USCs -2A-spouses and children of Lawful Permanent Residents (LPRs) -2B unmarried sons and daughters of LPRs -3rd-married sons and daughter of USCs -4th-siblings of USCs A Free sample background from www.awesomebackgrounds.com Slide 120 © 2004 By Default! Immediate Relatives Qualifying Relationships – Spouse of USC – Unmarried children under age 21 – Parent of USC son or daughter (over 21) A Free sample background from www.awesomebackgrounds.com Slide 121 © 2004 By Default! Preference Immigrants Qualifying relationships – Family relationships determine the visa category and availability. – For example, spouse and child of U.S. Citizens are eligible for a visa immediately, while the spouse and child of a lawful permanent resident have a greater delay and are subject to the preference system – Other relationships, under the preference system (children over age 21, siblings, etc. are required to wait for an available visa). A Free sample background from www.awesomebackgrounds.com Slide 122 © 2004 By Default! Additional Information For more information on these and other visa categories, contact Nicholas Dimitrakopoulos, Hons B.A. CCIC, Owner, President and Chief Consultant of iCanada Direct Immigration Services Inc. at www.iCanadaDirect.Com Or E-Mail President@iCanadaDirect.Com A Free sample background from www.awesomebackgrounds.com Slide 123