Sayer Regan Thayer

1
Sayer Regan Thayer Flanagan,LLP

• Immigration Solutions
• www.srtfimmigration.com

2
Sayer Regan Thayer Flanagan

• Helping you meet challenges and seize
  opportunities
• 130 Bellevue Avenue
• Newport, Rhode Island 02840
• USA

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Visa Categories

• Employment-based visas
• Family-based visas
• This presentation will emphasize
  Employment-based visas

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EMPLOYMENT BASED (EB)IMMIGRANT
VISACATEGORIESANDTHE INVESTOR (E) VISA
CATEGORIES
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EMPLOLYMENT-BASEDVISAS

• Generally, a U.S. job offer is essential for
  employment based visas.

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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)

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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

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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

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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.

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EB-2 ADVANCED DEGREE PROFESSIONALS AND
EXCEPTIONAL ABILITY

• Advanced degree masters degree or higher
• Exceptional Ability may be non-degreed
• -less stringent than Extraordinary Ability
• Labor certification required unless National
  Interest Waiver obtained

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EB-2 ADVANCED DEGREE PROFESSIONALS

• Certified position must require a Masters or
  higher degree or foreign equivalent degree
• -Masters equivalence Bachelors degree 5
  years progressive experience in the field

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EB-2 ADVANCED DEGREE PROFESSIONALS

• If relying on Bachelors degree 5 years
  experience
• -Foreign national must have U.S. Bachelors
  degree or foreign equivalent 5 years post
  Bachelors experience
• - Foreign national cannot satisfy Bachelors
  degree requirement with equivalent that is based
  upon education experience

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EB-2 EXCEPTIONAL ABILITY SCHEDULE A

• Job Offer required
• Available to qualified nurses and physical
  therapists

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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

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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

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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

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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)

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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

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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.

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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

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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

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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

23
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

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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

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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

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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

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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 wont suffice, no matter
  what the monetary value.
• No minimum volume or monetary requirement for
  each individual transaction

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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.

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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.

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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

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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

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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 Investors 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

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E-2 Real Enterprise Requirement

• Enterprise must be real, active, operating
  commercial or entrepreneurial undertaking
• Enterprise must produce goods for service or
  profit

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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.

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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

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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

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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

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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

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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

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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

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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

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Specialized Knowledge Professionals

• Have specialized knowledge of the petitioning
  organizations 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 organizations processes and procedures
• Essentially must have some proprietary knowledge
  of the company, its unique products or services

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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

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Other Visas for Business Purposes
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H-1Bs

• Person in a specialty occupation, or
• Fashion model of distinguished merit and ability

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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

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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

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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

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H-1B Labor Condition Application

• Employer must attest to conditions of employment
  and pay prevailing wage.
• File documents with DOL before filing petition

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Quota/Cap issues

• Limited Availability per year
• Has run out several times at current levels
• Six year max
• Incremental extensions

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H-2s

• H-2As Agricultural workers
• Temporary intent/labor
• Demonstrate that no US workers are available
  until at least halfway through contract
• Agriculture jobs

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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

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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

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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

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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 Mrequires enrollment in an educational
  institution
• Fiancées K1

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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

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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

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Visitors for Pleasure B2Tourist 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

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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

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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
  avocational education)
• Household members and domestic partners

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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

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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

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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 trainingtypically available
  at completion of studies for one year. Must
  apply for an Employment Authorization Document.

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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

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K-1 Fiancé(e)s

• File K-1 petition and supporting documents
• The visa process at U.S. Consulate
• Admission to the U.S. and adjustment of status

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Q Cultural Exchange Visitors

• Q-1- cultural exchange program to provide
  practical training, employment and sharing of
  history, culture, traditions
• -Limit 15 months

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Q-1 Cultural Exchange Visitors

• Q-1- cultural exchange program to provide
  practical training, employment, and sharing of
  history, culture, and traditions

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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

69
J-1 Exchange Visitors

• Program administered by the U.S. Department of
  States (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

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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

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J-1 Private Sector Programs

• Trainee offered a trainee/internship
• 18 months maximum
• Summer Work/Travel
• Alien Physician
• Camp Counselor
• Au Pair and EduCare

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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

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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

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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

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J-1 INA 212(e) Waivers

• Basis for waivers
• -No objection statement
• - Exceptional hardship
• - Interested Government Agency
• - Requests by a states Public Health Department
• - Specific groups Granted Waivers
• Waiver Procedure with DOS
• J-2 dependents subject to 212(E)

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H-1B Visas for Computer Professionals
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Specialty Occupations for Computer Professionals

• Rapid and ongoing evolution in computer jobs

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Evidentiary Standards

• Cumulative evidence

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Evidentiary Standards

• Showing that a particular position is a specialty
  occupation
• -Qualifications of predecessors in the same job?
• -Aliens supervision of other professionals
• -Aliens coursework or experience that may eqip
  him/her for the job

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Unrelated Degrees

• Focus on the job and employers at hand, not the
  field in general

81
E Visas for Computer Professionals
82
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

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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
• Employees role- executive, supervisory or
  essential skills

84
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

85
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

86
Employees Role

• Executive or supervisory
• -Supervisory means primarily having
  responsibility for a significant proportion of
  operations
• -Doesnt generally involve direct supervision of
  low-level employees

87
Employees Role contd

• Special qualifications making employee essential
  to efficient operation of the business
• -Degree of employees proven expertise
• -Uniqueness of skill
• -Length of experience
• -Period of training to perform job offered
• -Salary

88
L Visas for Computer Professionals
89
L Visa Politics

• Layoffs and jobless Recovery
• Outsourcing and Offshoring
• Aftermath of corporate scandals

90
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.

91
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.

92
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.

93
Alien Physicians Nonimmigrant Visa Options for
Training or Research
94
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)

95
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

96
J-1 for Graduate Medical Training

• Educational Commission for Foreign Medical
  Graduates (ECFMG) sponsors all J-1 physicians in
  graduate medical training

97
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 ECFMGs Clinical Skills Assessment
• Will incur 2 year foreign residency requirement

98
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

99
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

100
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

101
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)

102
Chefs and the Hospitality Industry
103
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

104
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

105
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

106
E-2 Investor/Restaurant Entrepreneur

• Capital requirements needed to start a restaurant
  (200,000 )
• Managing the organization
• Essential skills positions
• Training U.S. Workers

107
J-1 Chef Trainees

• Approved J-1 programs
• Transition from J-1 to O-1 or F-1
• University or culinary institute programs

108
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
• Petitioners supporting statement

109
Q-1 International Cultural Exchange

• Exchange of culture and heritage
• Beneficiary qualifications and requirements
• Program requirements
• Ethnic business connection

110
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

111
Immigrant Visas and Permanent Resident Status for
Hospitality Industry Workers

• Multinational Manager/Executive of Restaurant or
  Hotel

112
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

113
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

114
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

115
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

116
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

117
Restaurant and Hotel Managers

• Eligibility for employment based preference
  status
• Multinational hotel and restaurant organizations
• Qualifying employment
• Managerial and executive positions

118
Immigrant Visa Petitions and ProcessingFamily,
Special Immigrant, Diversity Visa Lottery
119
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 sonds and daughters of LPRs
• -3rd-married sons and daughter of USCs
• -4th-siblings of USCs

120
Immediate Relatives

• Qualifying Relationships
• Spouse of USC
• Unmarried children under age 21
• Parent of USC son or daughter (over 21)

121
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).

122
Additional Information

• For more information on these and other visa
  categories, contact Francis J. Flanagan, Esq.,
  Managing Partner, Immigration Practice Group at
• www.srtfimmigration.com
• fflanagan_at_srt-law.com