Employment-Based Immigration: Immigrant and Non-immigrant Visas

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Employment Based Visas Immigrant and Nonimmigrant

• Rajkrishna Iyer
• July 11, 2012

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Nonimmigrant (Temporary) Visas

• Alphabet Soup
• Working Visas
• Nonimmigrant Intent
• Extensions of Stay
• Change of Status
• Revalidation

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Most Common Nonimmigrant Visas

• H-1B Professional Worker Visas
• Student Visas (F, M)
• Exchange Visitors (J-1)
• Canadian Mexican Professionals (TN)
• Treaty Traders/ Investors (E-1/E-2)
• Intracompany Transferees (L-1)

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Green Cards Through Employment

• 1st preference Priority workers
• 2nd preference Advanced degrees or exceptional
  ability
• 3rd preference Skilled workers and professionals
• 4th preference Special immigrants
• 5th preference Investors

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Priority Workers (EB-1)

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

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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 U.S. workers
• National Interest Waivers for physicians
• National Interest Waivers for others

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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

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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.

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PERM

• Ensures that employer is hiring for a position in
  which no qualified and willing U.S. workers exist
• Labor certification required for the 2nd and 3rd
  preference petitions
• PERM receipt date serves as priority date
• When PERM is approved, the employer may file the
  immigrant visa petition (I-140) to USCIS

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Exceptions to PERM

• National Interest Waivers
• Shortage occupations (Schedule A) registered
  nurses and physical therapists
• 1st preference category petitions never require
  PERM

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Visa Bulletin Employment Category
Categories Worldwide China (PRC) India Mexico Philippines
1st Current Current Current Current Current
2nd 1-01-09 Unavailable Unavailable 1-01-09 1-01-09
3rd 9-08-06 11-08-05 10-01-02 9-08-06 6-15-06
Unskilled 9-08-06 6-15-03 10-01-02 9-08-06 6-08-06
4th Current Current Current Current Current
Religious Current Current Current Current Current
5th Current Current Current Current Current
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Other employment categories

• Special immigrants religious workers
• Employment creation- Investors
• Must create at least 10 jobs for U.S. workers
• Government-approved regional centers

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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

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Questions?