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Temporary Work Visas and Employment-Based Green Cards

http://www.shusterman.com This presentation discusses how you can obtain a green card through employment in the US. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html Persons may qualify for employment-based green cards in one of the following 5 preference categories: EB-1 - Priority Workers This category consists of persons of extraordinary ability, outstanding professors and researchers and multinational managers and executives EB-2 Persons of Exceptional Ability or Advanced Degrees EB-3 Professionals, Skilled and Unskilled Workers EB-4 Special Immigrants including Religious Workers EB-5 Investors Persons may speed up the processing of their green cards by a variety of means: Converting between categories while retaining the priority date of the original petition, alternative changeability, Schedule A occupations, using the Child Status Protection Act (CSPA), etc. For more information please see our Green Cards Through Employment page at http://shusterman.com/greencardsthroughemployment.html

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Temporary Work Visas and Employment-Based Green Cards

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  1. TemporaryWork Visas and EmploymentBased Green Cards Carl Shusterman Immigration Attorney Los Angeles, CA

  2. H-1B Professionals Basic Qualifications • Possession of University Degree • Job Requires University Degree • Prevailing Wage • Dual Intent Limitations • Annual Numerical Caps - 65K and 20K • 6,800 H-1B’s 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

  3. Treaty Traders (E-1) General Qualifications of a Treaty Trader • Be a national of a country with which the U.S maintains a treaty of commerce and navigation • Carry on substantial trade • Carry on principal trade between the U.S and the treaty country which qualified the treaty trader for E-1 classification. General Qualifications of the Employee of a Treaty Trader • Be the same nationality of the principal alien employer (who must have the nationality of the treaty country) • Meet the definition of “employee” under the relevant law • Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

  4. Treaty Investors (E-2) General Qualifications • Be a national of a country with which the U.S maintains a treaty of commerce and navigation • Invest a substantial amount of capital in a bona fide enterprise in the U.S • Show at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device. General Qualifications of the Employee of a Treaty Investor • Be the same nationality of the principal alien employer (who must have the nationality of the treaty country) • Meet the definition of “employee” under relevant law • Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

  5. Permanent Residence for Investors (EB-5) General Qualifications • The investor must invest $1 million in a new commercial enterprise • If the enterprise is located in either a rural or a high-employment area, the amount of funds which needs to be invested is reduced to $500,000 • Create 10 jobs for U.S. workers. • Investors must start their own commercial enterprise or invest in one of 300 approved regional centers.

  6. Proposed New Immigration Law (Passed Senate in June 2013) Employment-Based Provisions in the Bill • Would Change Focus of Legal Immigration system • Less Green Cards for Family Members • Would End Visa Lottery • More Green Cards for Those with Needed Skills • Start-Up Act

  7. Proposed New Immigration Law (Passed Senate in June 2013) Temporary Working Visas • Registered Provisional Immigrants • Large Increase in H-1B Visas • Work Visas for Semi-Skilled Workers Employment-Based Green Cards • Recapture of Lost Green Cards • Cap-Exempt Categories • Merit-Based System

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