Spring 2011
Immigration/Employment
Options After Student Status
Art Serratelli, Esq.
Vandeventer Black LLP
immigration_art@yahoo.com
Norfolk
Richmond
Raleigh
Kitty Hawk
www.facebook.com/immigration.art
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Immigration Art
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Overview
•
What are the immigration rules?
•
What should you say in a job interview about
the rules?
•
Does the employer have a “Policy”about
“sponsoring” work visas / work
authorization?
•
What are the “major concerns / worries” that
employers have? How do you deal with them?
•
What about a lawyer?
What are the rules?
4 basic paths to obtain a green card
1. Employment-based
2. Marriage to U.S. Citizen (Immediate)
3. Diversity Lottery
4. Family-based (Preference)
•
ALSO: Asylum/Refugee
OUR FOCUS: WORK STATUS AFTER OPT AND PRIOR
TO THE GREEN CARD ON THE EMPLOYMENT PATH
Green Card Big Picture
(this example, via employment)
Enroll
Actions
Graduate
Apply for H-1B
Maintain H-1B status
Maintain F-1 status
File
I-140
Start EB green card
EB-2
EB-3
State
DOL
Fed
DOL
File
I-485
USCIS
visa
backlog
(0-7 yrs)
Status
Enrolled in school
F-1 status
OPT Work
F-1 status
H-1B or other lawful work status
Green
U.S.
card Citizenship
USCIS
(6 mos
to
2 yrs)
LPR
pending
USCIS
(5 yrs)
U.S.
Citizenship
LPR
Temporary work status
LPR status
What are the rules?
1 of 4 basic ways to obtain a green card
Employment
Step 1: F-1 or J-1
Step 2: OPT or AT
Step 3: H-1B or other work visa
Step 4: Green card based on employment
1. Employment
Step 2 A word about OPT
Bad news / Good news!
• 90 days of unemployment = bad
– Proof: Journal of job search tasks, by
day
• Paid work is BEST
– Proof W-2, tax return
• Unpaid work is OK
– Proof: Get a Letter
• Self-employment is OK
1. Employment
Step 2 A word about OPT

STEM & E-Verify: 17 Extra Months
Database of companies
Can’t confirm the accuracy, but at least a place
to start
Most recent list:
E-Verify participating companies (as selfreported)
www.smartbusinesspractices.com
1. Employment
Step 3 Post-OPT job search options
a. H-1B [6 yrs]
Requirements
• A job offer w/ a company with a “proven
track record,”
• For a position that requires at least a 4 yr
college degree, and
• You have the required degree
1. Employment
Step 3 Post-OPT job search options
a. H-1B
Features
• Subject to the 85,000 quota--lottery
• H-1B quota exempt jobs
–
–
Employed at U.S. institution of higher education,
or related non-profit entity
Employed at non-profit research organization or
(federal) government research organization
1. Employment
Step 3 Post-OPT job search options
a. H-1B Which companies are hiring? www.myvisajobs.com
1. Employment
Step 3 Post-OPT job search options
b. E-1/E-2 [2yrs or 4 yrs or 5 yrs+]
Requirements
• Treaty between your country and U.S.
• U.S. company that hires you owned by a
company (or people) from your home
country
• White collar, skilled job
c. E-3 – “H-1B for Australians” [2 yrs+]
1. Employment
Step 3 Post-OPT job search options
d. TN [3 yrs+]
Requirements
• From Canada or Mexico
• Job-title specific – see list
1. Employment
Step 3 Post-OPT job search options
e. L-1A/L-1B [7 yrs / 5 yrs]
Requirements
Work overseas 1 full year,
Transfer to affiliated U.S. company or branch office
L-1A: manager or executive
L-1B: specialized knowledge
– Inside info
* Leads to green card shortcut – EB1 jackpot!
•
•
•
•
1. Employment
Step 3 Post-OPT job search options
Even more options
• R-1 — religious worker [5 yrs]
• G — international organizations [vary]
• O-1 — Extraordinary Ability [vary]
• P-1— Athlete/Entertainer [vary]
• A — ambassador / embassy [vary]
• I — journalist visa [vary]
1. Employment
Step 3 Post-OPT job search options
Entrepreneurs: Consider These Options
Temporary Work Status Categories
- - L-1A (new office start-up / business plan)
- - E-1 / E-2 (purchase existing / start-up)
- - TN or H-1B (company: ongoing concern?)
- - Green Card Issues / Ownership
Green Card Category
- - EB-5 Investor Green Card
1. Employment
Step 4 Employment-based green cards
No Labor Certification Required [no advertising]
Examples:
- - EB-1 Outstanding Professor / Researcher
- - EB-2 National Interest Waiver (NIW)
- - EB-1 Intracompany Transferee (L-1A uses this)
Labor Certification Required [advertising]
- - EB-2 and EB-3 PERM Process
1. Employment
Want more information?
Key internet resource— “glossy booklet”
(Post-OPT Job Search Summary Booklet)
www.vanblk.com/documents/ImmigrationLawsforBusinessBooklet05.pdf
www.facebook.com/immigration.art
2. Marriage (Immediate)
2nd of 4 ways to get a green card
Step 1 F-1 or J-1
Step 2 Green card based on marriage to U.S. citizen
3. DV Lottery
3rd of 4 ways to get a green card
Step 1 F-1 or J-1
Step 2 Green card based on diversity lottery
Features
•
•
•
50,000 places each year for citizens of countries with few
immigrants to the U.S
If you are eligible, apply through www.travel.state.gov
during eligibility period
Winners should act very carefully within one-year window of
eligibility
4. Family (Preference)
4th of 4 ways to obtain a green card
Step 1 F-1 or J-1
Step 2 Green card based on family member in U.S.
Categories
• Unmarried sons and daughters (21+) of U.S. citizens
• Spouses, children, and unmarried sons and
daughters (21+) of LPRs
• Married sons and daughters (21+) of U.S. citizens
• Siblings of adult U.S. citizens
* NOT GOOD—takes too long!
What should you say in an interview?
•
•
•
•
Any
Any
Any
Any
mention
mention
mention
mention
of
of
of
of
H-1B & Quotas?
E-Verify?
OPT?
the green card?
*HINT—On a first date, don’t ask for marriage before
the soup arrives
You must balance—
• The need to mention immigration (answer only “TINY
immigration questions”) with
• The need to focus on your resume and unique job
qualifications to get hired
What should you say in an interview?
Slide of Shame
• It is a shame when U.S. employers ask
an international student to explain U.S.
immigration law!
• SHAME!
• Don’t waste time— you focus on
getting hired; let your school or an
immigration lawyer explain the law!
What should you say?
Want more information?
Key internet resource—
The Art Serratelli version of the
“Janene Oettel Pamphlet”
http://www.vanblk.com/Resources/documents/
ImmigrationGuideToHiringStudents11242008.pdf
www.facebook.com/immigration.art
Employer Policy About
“Sponsorship?”
Large Companies
- Most likely to have a formal policy regarding the hiring internationals.
- If the policy is “We Do Not Sponsor”then the odds of changing their
minds is 90/10 against the student.
- List of “Companies That Sponsor” www.myvisajobs.com
Mid-Sized Companies
- Most likely to have never hired internationals.
- About a 50/50 chance that they will.
Small Companies
- It’s like the Wild West – create your own frontier!
- They’ll hire the best person for the company.
What Are the Worries of the
Employer?
- “Sponsorship” means we’re tied to this student for
life, like being married.
- We do not want to advertise for the job to make sure
that no Americans are qualified and available
- The paperwork is too hard; too time consuming.
- “Sponsoring” costs too much.
- What about the I-9? What do we do about that?
How Do You Address These Worries?
Worry: “Sponsorship” means we’re tied to this
student for life, like being married; divorce =
pain
Reply
• “Sponsoring” basically means getting
permission from immigration to put a foreignborn person on a USA payroll.
• Once you get permission, you can treat me
just like an American or a Green Card worker!
How Do You Address These Worries?
•
•
•
•
Other Employer Worries
We have to advertise before we sponsor, and we
don't want to advertise.
– NO: Advertising is only for the Green Card!
Paperwork to “sponsor” is too complicated.
– NO: Just 10 or so pieces of employer info; no
documents
What About the I-9? How do we complete that?
– The immigration lawyer will guide you
Fees for USCIS and a lawyer are too expensive.
– NO: Except for 1 fee (for only the H-1B subject to the
quota) that the employer must pay, everything is
negotiable
What about a lawyer?
4 tips to choosing an immigration lawyer
(if you have to . . .)
1. Lawyer must be a member of AILA
2. Lawyer should exclusively practice
immigration law
3. Only pay a fixed legal fee
4. Pick a lawyer via references
Questions?
Contact information
Arthur Serratelli, Esquire
Partner & Chair, Immigration Law Group
Vandeventer Black LLP
Phone (direct line): 757-235-4624
E-mail: immigration_art@yahoo.com
www.facebook.com/immigration.art