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Bashyam Spiro LLP - The ABCs Of Business Immigration

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The document provides an overview of various business immigration options for foreign workers seeking employment in the United States, including nonimmigrant visas (e.g. H-1B, L-1, TN) and immigrant visas (e.g. EB-1, EB-2, EB-3). It discusses the requirements, processes, and limitations for the most commonly used H-1B and L-1 visas. The document also briefly outlines other nonimmigrant visa categories like E, O, B1, as well as H-3 and J-1 exchange programs.

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The ABCs of Business Immigration in the Global Economy Murali Bashyam, Esq. www.bashyamspiro.com
From The Beginning Evaluating Candidates Is the applicant authorized to work in U.S. for any employer? If yes, visa sponsorship not required If no, does applicant require sponsorship? If applicant requires sponsorship, what are the options?
Overview of Immigration Nonimmigrant Visas (H1B, TN, L1, etc.) Immigrant Visas (Green Cards)
Immigrant Visas EB1 Managers/Executives; Outstanding Researchers; Extraordinary Ability EB2 Advanced Degree or Exceptional Ability (NIW) EB3 Professionals or Skilled Workers
EB2/EB3 Process Three Step Process PERM Labor Certification I-140 I-485/Consular Processing Visa Bulletin/Retrogression
Nonimmigrant Business Visas H1B Professional Workers L1 Intracompany Transfers TN NAFTA (Canada, Mexico) E Treaty Trader/Investor O1 Extraordinary Ability H3 Trainee J Exchange Program B1 Business Visitor
H1B Professional Work Visa Used by companies to sponsor professional workers in a specialty occupation
Requirements for H1B Visa Job requires the minimum of Bachelors degree or equivalent Potential hire has Bachelors degree or equivalent in field related to job Examples: Engineers, Information Technology Professionals, Researchers, Scientists, Market Researchers etc.
Process of Obtaining H1B Formal Job Offer Assess Prevailing Wage Labor Condition Application Internal Posting Filing I-129 Petition with USCIS Processing Times
Limitations on H1B Capped at 65,000 Per Fiscal Year 20,000 Additional for U.S. Advanced Degree Fiscal Year = October 1 to September 30
Exempt from H1B Cap Non-profit and Governmental Research Organizations Institutions of higher education ie. Colleges and Universities Organizations affiliated with Colleges and Universities People currently holding H1B status if not working for exempt organization Certain people who have previously held H1B status
Rolling With The Punches! Regular H1B Numbers Exhausted In One Day! What Other Options Do You Have?
L1 Intracompany Transfers Classification L1A Managers/Executives L1B Specialized Knowledge Personnel U.S. and Foreign Company Parent, Subsidiary, Affiliate, Joint Venture One Year Foreign Employment Requirement
TN NAFTA Visa Canada and Mexico Must Be One of Listed NAFTA Professions Valid for 1 Year - Renewable
E Visa Treaty Traders/Investors Classifications: Investor Managers/Executive Essential Skills Qualifying Treaty Exists Applicant is from country that has qualifying Treaty Dont Forget E-3s from Australia!
O Visa Extraordinary Ability Field Must Be Sciences, Arts, Business, Education or Athletics Standards High But Not Insurmountable Corresponding Permanent Residence Category
B1 Business Visitor Visa Used for Temporary Business Visits Examples: Conferences, Meetings, etc. B1 in Lieu of H1 and H3 Cannot Work!
H-3 Trainees & J1 Exchange Programs H3: Employer may sponsor directly J1: Must participate in pre-approved J1 program Temporary programs candidate must return home to use training
Hot Topics Comprehensive Immigration Reform/SKIL Bill Employer Compliance Visa Bulletin Fiasco Outsourcing Do it!
THANK YOU Bashyam & Spiro, LLP Tel: 919-833-0840 www.bashyamspiro.com www.immigrationcounsel.com

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Bashyam Spiro LLP - The ABCs Of Business Immigration

  • 1. The ABCs of Business Immigration in the Global Economy Murali Bashyam, Esq. www.bashyamspiro.com
  • 2. From The Beginning Evaluating Candidates Is the applicant authorized to work in U.S. for any employer? If yes, visa sponsorship not required If no, does applicant require sponsorship? If applicant requires sponsorship, what are the options?
  • 3. Overview of Immigration Nonimmigrant Visas (H1B, TN, L1, etc.) Immigrant Visas (Green Cards)
  • 4. Immigrant Visas EB1 Managers/Executives; Outstanding Researchers; Extraordinary Ability EB2 Advanced Degree or Exceptional Ability (NIW) EB3 Professionals or Skilled Workers
  • 5. EB2/EB3 Process Three Step Process PERM Labor Certification I-140 I-485/Consular Processing Visa Bulletin/Retrogression
  • 6. Nonimmigrant Business Visas H1B Professional Workers L1 Intracompany Transfers TN NAFTA (Canada, Mexico) E Treaty Trader/Investor O1 Extraordinary Ability H3 Trainee J Exchange Program B1 Business Visitor
  • 7. H1B Professional Work Visa Used by companies to sponsor professional workers in a specialty occupation
  • 8. Requirements for H1B Visa Job requires the minimum of Bachelors degree or equivalent Potential hire has Bachelors degree or equivalent in field related to job Examples: Engineers, Information Technology Professionals, Researchers, Scientists, Market Researchers etc.
  • 9. Process of Obtaining H1B Formal Job Offer Assess Prevailing Wage Labor Condition Application Internal Posting Filing I-129 Petition with USCIS Processing Times
  • 10. Limitations on H1B Capped at 65,000 Per Fiscal Year 20,000 Additional for U.S. Advanced Degree Fiscal Year = October 1 to September 30
  • 11. Exempt from H1B Cap Non-profit and Governmental Research Organizations Institutions of higher education ie. Colleges and Universities Organizations affiliated with Colleges and Universities People currently holding H1B status if not working for exempt organization Certain people who have previously held H1B status
  • 12. Rolling With The Punches! Regular H1B Numbers Exhausted In One Day! What Other Options Do You Have?
  • 13. L1 Intracompany Transfers Classification L1A Managers/Executives L1B Specialized Knowledge Personnel U.S. and Foreign Company Parent, Subsidiary, Affiliate, Joint Venture One Year Foreign Employment Requirement
  • 14. TN NAFTA Visa Canada and Mexico Must Be One of Listed NAFTA Professions Valid for 1 Year - Renewable
  • 15. E Visa Treaty Traders/Investors Classifications: Investor Managers/Executive Essential Skills Qualifying Treaty Exists Applicant is from country that has qualifying Treaty Dont Forget E-3s from Australia!
  • 16. O Visa Extraordinary Ability Field Must Be Sciences, Arts, Business, Education or Athletics Standards High But Not Insurmountable Corresponding Permanent Residence Category
  • 17. B1 Business Visitor Visa Used for Temporary Business Visits Examples: Conferences, Meetings, etc. B1 in Lieu of H1 and H3 Cannot Work!
  • 18. H-3 Trainees & J1 Exchange Programs H3: Employer may sponsor directly J1: Must participate in pre-approved J1 program Temporary programs candidate must return home to use training
  • 19. Hot Topics Comprehensive Immigration Reform/SKIL Bill Employer Compliance Visa Bulletin Fiasco Outsourcing Do it!
  • 20. THANK YOU Bashyam & Spiro, LLP Tel: 919-833-0840 www.bashyamspiro.com www.immigrationcounsel.com