International Talent Acquisition and Immigration Law

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International Talent Acquisition and Immigration
Law

• Interactive Seminar with Carl Shusterman
• Kennedy Information
• January 22, 2009

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Everyone is Seeking International Talent!
The Law Offices of Carl Shusterman
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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
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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
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Navigating the Immigration Maze

• Immigration Clearing the Hurdles
• 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
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Temporary Business Visas - Part I

• E-3 Australian Professional
• H-1B Professional
• H-3 Trainee

• B-1 Business Visa
• E-1 Treaty Trader
• E-2 Treaty Investor

The Law Offices of Carl Shusterman
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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
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H-1B ProfessionalsBasic Qualifications

• Possession of University Degree
• Job Requires University Degree
• Prevailing Wage
• Dual Intent

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H-1B Professionals - Limitations

• Annual Numerical Caps - 65K and 20K
• 6,800 H-1Bs 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
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J 1 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
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L-1A Intracompany Managers and Executives

• 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
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L-1A 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
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L-1B Specialized Knowledge Workers

• 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
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L-1B 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
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O-1 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
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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
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How to Obtain Permanent Residence

• Employment
• Relatives
• Visa Lottery
• Investment
• Asylum

The Law Offices of Carl Shusterman
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Priority Workers (EB-1)

• Persons of Extraordinary Ability
• Outstanding Professors and Researchers
• Multinational Managers and Executives

The Law Offices of Carl Shusterman
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Persons with Advanced Degrees or Exceptional
Ability (EB-2)

• 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
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Professional and Skilled Workers (EB-3)

• 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
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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
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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
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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