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![E Visa
Details
Must be a national of a treaty country (List of E
Countries)
The company must be at least 50% owned by
individuals/entities who/that are nationals of a
treaty country
[E-1] Trade must be significant with the U.S. (at least 50%)
[E-2] Investment must be substantial and for a real, operating enterprise
(not marginal and just for making enough money to live on).](https://image.slidesharecdn.com/2021ideatoipopresentationslidesfordistribution-210222045823/75/U-S-Visa-Options-for-Int-l-Tech-Professionals-Entrepreneurs-and-Investors-24-2048.jpg)
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U.S. Visa Options for Int'l Tech Professionals, Entrepreneurs, and Investors
- 1. U.S. Visa Options forInternational Tech Professionals, Entrepreneurs & Investors. Idea to IPO February 17, 2021
- 2. Overview 1. Working asan International Student 2. Temporary Employment-Based Visas 3. Avenues for Permanent Residence 4. Common Obstacles to Getting Your Visa 5. COVID-19 Related Travel Restrictions 6. Q & A
- 3. Studying in theUS (F-1) ▪ Status is for duration of study ▪ One year of work authorization granted at conclusion of program - OPT (must have completed at least one year of studies at an accredited university). ▪ STEM OPT extension of 24 months**
- 4. Current Restrictions forNew International Students Challenge #1 processing, although some are accepting student visa applications on an “emergency basis.” Challenge #2 Consulates are If the school you will currently closed for visa attend will be all online teaching in the fall, US Consulate may not grant you a visa. Challenge #3 Are you traveling from a restricted country? New developments for new students traveling from Schengen Area, UK and Ireland.
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- 7. Bachelor’s degree or equivalentwork experience Employer-employee relationship Higher of actual or prevailing wage Government Filing Fees Requirements
- 8. Wage Requirements Prevailing Wage ▪Average salary paid to all similarly situated employees (i.e. similar job duties, experience, education, etc.) in each geographic region as determined by the Department of Labor. ▪ DOL Salary Website ▪ Paid by the employer to US workers ▪ In the same position ▪ At the same work site ▪ With similar experience and qualifications Required Wage: Higher of the Actual or Prevailing Actual Wage
- 9. Employer-Employee Relationship USCIS givesspecific examples of employment situations that are acceptable: Traditional Employment The following scenarios are no longer acceptable: û Self- Employed Beneficiaries û Independent Contractors û Third-Party Placement/ "Job-Shop" Temporary/Occasional Off-Site Employment Long-Term/Permanent Off-Site Employment
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- 11. Base filing fee: $460 FraudPrevention and Detection fee: ▪ $500 to be submitted with the initial H-1B petition filed on behalf of each beneficiary by a petitioner (does not apply to Chile/Singapore H-1B1 petitions) American Competitiveness and Workforce ImprovementAct of 1998 fee * ▪ $750 for employers with 1 to 25 full-time equivalent employees, unless exempt ▪ $1,500 for employers with 26 or more full-time equivalent employees, unless exempt Premium Processing fee (Optional): ▪ $2,500 for employers seeking Premium Processing Service Requirements
- 12. H-1B Cap H-1B VisaLottery: Last week of March* *Ranking of registrations by salary levels proposed. Cap ▪ 65,000 (of which 6,800 are allocated to nationals of Singapore and Chile) § + 20,000 additional visas allocated to holders of advanced degrees from U.S. universities ▪ The Biggest Filers ▪ All Universities are cap exempt ▪ Some research organizations are cap-exempt ▪ Extension, amendment and portability petitions are exempt (have you been counted in the past and want to recapture remaining time available?) Cap Exempt
- 13. How Much CanThey Work? ▪ Can work full-time or part-time ▪ Can hold dual/concurrent H-1Bs with multiple employers ▪ Work is tied to sponsoring employer ▪ Cannot work for someone else without authorization.
- 14. Duration ▪ Six-yearmaximum (granted in two three- year increments) ▪ H-1B status can be extended past the six- year maximum in certain situations. Dependents ▪ Spouses and children under 21 may join H- 1B worker ▪ Cannot work** ▪ May study Duration and Dependents
- 15. Current Restrictions onH-1B Workers Presidential Proclamation suspends entry of new H-1B workers and their dependents from abroad until March 31, 2021. Exception: Your work is in the “national interest.” ▪ If you were in the US on June 24, 2020, you are not subject to this ban. ▪ US Consulates are not fully open for visa processing so may need to obtain an emergency appointment. ▪ If your employer is a member of Chamber of Commerce, Intrax, Nat’l Association of Manufacturers, National Retail Fed, or Technet, you also are exempt from ban.
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- 17. Opening a new officein the U.S. that is an affiliate, subsidiary, or branch of an entity abroad. Employees are eligible for transferring to the U.S. entity after working for one year at the entity abroad. 2 Coming to work as an executive/ manager or worker with ”specialized knowledge.” 3 1
- 18. L Visa Details Filing Fee▪ $460 Petition Fee ▪ $500 Anti-Fraud fee ▪ Optional $2,500 for premium processing Duration ▪ 5 years max for L-1B specialized knowledge workers ▪ 7 years max for L-1A for executives/ managers Dependents ▪ Work authorization available $960
- 19. Current Restrictions onL-1 Workers Presidential Proclamation suspends entry of new L-1 workers and their dependents from abroad until March 31, 2021. Exception: Your work is in the “national interest.” ▪ If you were in the US on June 24, 2020, you are not subject to this ban. ▪ US Consulates are not fully open for visa processing so may need to obtain an emergency appointment. ▪ If your employer is a member of Chamber of Commerce, Intrax, Nat’l Association of Manufacturers, National Retail Fed, or Technet, you also are exempt from ban.
- 20. J-1 Visa forTrainees/Interns
- 21. Internships are seenas employment so a visa is needed. J-1 VISA FOR TRAINEES/INTERNS J-1 Visa Details ➔ Internship (12 months): must be enrolled in university abroad or have graduated from university abroad no more than twelve months before starting internship ➔ Traineeship (18 months): must have graduate degree from university abroad plus one year of related professional experience or five years of related work experience abroad. ▪ Must show ties to home country and intent to return home ▪ Increased use of on-site visits.
- 22. Current Restrictions onJ-1 Workers Presidential Proclamation suspends entry of new J-1 workers and their dependents from abroad until March 31, 2021. Exception: Your work is in the “national interest.” ▪ If you were in the US on June 24, 2020, you are not subject to this ban. ▪ US Consulates are not fully open for visa processing so may need to obtain an emergency appointment. ▪ If your employer is a member of Chamber of Commerce, Intrax, Nat’l Association of Manufacturers, National Retail Fed, or Technet, you also are exempt from ban.
- 23. E Visa for Treaty Tradersand Investors
- 24. E Visa Details Must bea national of a treaty country (List of E Countries) The company must be at least 50% owned by individuals/entities who/that are nationals of a treaty country [E-1] Trade must be significant with the U.S. (at least 50%) [E-2] Investment must be substantial and for a real, operating enterprise (not marginal and just for making enough money to live on).
- 25. E Visa Details Filing Fee$270 at the US Consulate per applicant Duration Indefinite in two-year increments Dependents Work authorization available $270
- 26. O-1 Visa For Individualsof Extraordinary Ability
- 27. ▪ Sustained nationalor international acclaim in the sciences, arts, education, business, or athletics. ▪ Coming to the United States to continue work in the area of extraordinary ability. ▪ Employer specific, but can hold dual O-1s Duration 3 years at first, renewable in one-year increments indefinitely Dependents O-3 status; no work authorization
- 28. Evidence that thebeneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following: National or international awardsin your field Membership in associations that require outstanding achievements Published material about you or your work Important and original contributions Scholarly articles Ahigh salary Being askedto judge the work of others in your field Employment in acritical rolefor established organizations Evidentiary Criteria
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- 30. E-3 Visa forAustralian Nationals Duration 2-year validity; renewable indefinitely Dependents Spouses may apply for employment authorization ▪ High-skilled Worker Visa for Australian citizens only ▪ 10,500 available per year ▪ Job offered must be for a “specialty occupation” ▪ Prevailing wage requirement applies. ▪ Controlling shareholder of a start-up – not the visa for you! VISAS FOR SPECIFIC NATIONALS
- 31. TN Category forCanadian & Mexican Professionals VISAS FOR SPECIFIC NATIONALS Duration Three year stay, renewable indefinitely Dependents TD status; no work authorization ▪ Must be nationals of either Canada or Mexico ▪ Coming to U.S. to work in profession listed on NAFTA schedule ▪ No prevailing wage requirement ▪ Employer-specific (controlling shareholder issue returns)
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- 33. Avenues for Permanent Residence Employment-Based Family-Based DiversityVisa Lottery Asylum (One-year requirement unless exceptional circumstances) Investment-Based ($1.8 Million GC) **Can obtain citizenship five years after obtaining permanent residence; spouses of US citizens can apply after three years of permanent residence.
- 34. Current Restrictions onImmigrant Visa Processing Since April 22, 2020, most immigrant visa applications have been suspended until March 31, 2021. ▪ Parents of U.S. citizens. ▪ Adult children of U.S. citizens. ▪ Spouses and children (regardless of age) of LPRs; ▪ Individuals selected in the annual green card lottery. ▪ All employment-based immigrant visas, except EB-5 investor visas. ▪ All other immigrant visas, unless specifically exempted.
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- 36. Limitations ▪ Two-year homeresidency requirement for J-1s. ▪ Previous overstays of more than 180 days. ▪ Bad Memory: Fingerprint checks can discover many things and then you could be charged with wilful misrepresentation. ▪ Criminal Record: If you have been arrested and/or convicted anywhere in the world, this will affect processing times and visa eligibility. Also, speak with an immigration attorney before pleading to any crime in the U.S.
- 37. COVID-19 and Travel Restrictions Brazil China Iran EuropeanSchengan Area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland, Monaco,San Marino, Vatican City) United Kingdom (England, Scotland, Wales, Northern Ireland) Republic of Ireland South Africa Currently there are 32 countries from which travel to the US is restricted. With specific exceptions, foreign nationals who have been in any of these countries during the past 14 days may not enter the United States.
- 38. Podcast series: InsideImmigration 12 Episodes. Covering the different visa categories, and interviews with government officials, experts, and clients. Subscribe on iTunes
- 39. Please stay intouch! Specializing in Immigration Law since 2000. 510.422.2295 [email protected] www.nadiayakooblaw.com Nadia Yakoob