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Immigration for Entrepreneurs

March 29, 2012. Immigration for Entrepreneurs. Challenges for Small Companies. Immigration system for large established employers Presumption of fraud for small employers Suspicion on Capitol Hill But … Immigration = Jobs White House initiative Entrepreneurs in Residence Program.

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Immigration for Entrepreneurs

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  1. March 29, 2012 Immigration for Entrepreneurs

  2. Challenges for Small Companies • Immigration system for large established employers • Presumption of fraud for small employers • Suspicion on Capitol Hill • But … • Immigration = Jobs • White House initiative • Entrepreneurs in Residence Program

  3. Specific issues • No paper trail to show legitimacy • Too small to support professional workers • Employer-employee relationship • “Ability to Pay” for green cards

  4. H-1B “specialty occupation” • Professional job • Foreign national is qualified • Related bachelor’s degree or work experience • Receiving same wages / working conditions • Six-year limit (with exceptions) • >>> No test of the labor market <<< • Annual limit of 85,000 • Does not apply if previously held H-1B status for a private company • Starts on April 1

  5. Requirements • Legal existence • Articles of incorporation • Business license • FEIN • Employer – employee relationship • “Doing business” • Business plan • Evidence of funding • Physical address • Office lease

  6. O-1 “extraordinary ability” • No restrictions on the type of position • Nationally or internationally renown • Critical or essential role • Contributions of major significance • Track record of professional success • Publications or publicity • Prizes and awards

  7. TN “Trade NAFTA” • Canadians and Mexicans only • Job offer in a designated profession • Many scientific and medical fields • Teachers / professors • Border application for Canadians • No time limit and infinite two-year renewals

  8. Other country-specific categories • Australia E-3 • Chile and Singapore H-1B1 • Similar to H-1B visa • For specialty occupations • Employee must have bachelor’s degree • Employer must secure LCA from DOL • Not subject to 65,000 cap • E-3 spouse eligible for work authorization • Foreign residence requirement

  9. F-1 Students • Academic studies: elementary through postdoctoral • admitted for “duration of status” (D/S) – no expiration date on I-94 card • “Optional Practical Training:” pre- or post-graduation • total = 12 months (29 months for STEM graduates who work with employers that use E-Verify); part-time during school year, full-time during vacations and after graduation • need employment authorization document (EAD); • School endorsed I-20 (issued via SEVIS System) • “Curricular” practical training if part of educational program • Need letter from school • School endorsed I-20 (issued via SEVIS System)

  10. J-1 Trainees and Interns • Exchange visitor program • Need a “program sponsor” which can include universities • Some J-Visa holders must return to home country for 2 years after completion of program or seek waiver of this requirement • skills list • government funding • graduate medical education

  11. Green Cards • PERM Labor certification • filed by employer on behalf of foreign national • processed by U.S. Department of Labor • I-140 Immigrant preference petition • Outstanding researchers • Aliens of extraordinary ability – NOT employer-specific • National interest waivers

  12. Thank you!

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