General Overview of U.S. Immigration Law

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IMMIGRATION LAW
PRESENTATION
Dana R. BucinDana R. Bucin
AttorneyAttorney
Tel: (860) 548-2629
Email: dbucin@uks.com
*DISCLAIMER*
This presentation is not intended to provide, nor does it provide, any legal advice. By
viewing this presentation you understand and expressly agree that there is no attorney-
client relationship between you and the attorney who authored the presentation. Should
you need legal advice, please contact a licensed attorney who practices Immigration
Law. Readers of this presentation and the information contained herein should not act
upon any information contained on this presentation without seeking legal counsel.

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Introduction
General Immigration Categories
 Business/ Employment
 Family
 Asylum/ Refugee Status
 Diversity Visa Lottery
 Other (VAWA, Cancellation of
Removal, NACARA, Cuban
Adjustment)

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General Principles of
Immigration Law
Visa Duration
 Temporary (Nonimmigrant)
 Permanent (Immigrant)

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Path to Citizenship
 Non-Immigrant Visa
↓
 Green Card (Permanent
Residence)
↓
 Citizenship through Naturalization

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Government Agencies
 Department of Homeland Security
(DHS)
 US Citizenship and Immigration Services
(USCIS a/k/a former INS)
 Customs and Border Patrol (CBP)
 Immigration and Customs Enforcement
(ICE)
 Department of State (DOS)
 Department of Labor (DOL)

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Basic Immigration Documents
 Passport issued by home country
 Visa from a U.S. Consulate (DOS)
 I-94 arrival/departure form
(CBP/USCIS)
 Employment Authorization Document
(USCIS)
 Notice to Appear in Deportation
Proceedings (ICE)
 Green Card (USCIS)
 Certificate of Naturalization (USCIS)

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Non-Immigrant Business/
Employment Visas
 L Intra-company
Transferees
 E Treaty/ Traders
 TN Canada/Mexico
 O-1 Extraordinary
Ability
 P-1 Athletes
 B-1 Visitor Visa
 Visa Waiver Program
 F-1 Student
Visa/OPT
 J-1 Exchange Visitor
 H-1B Professionals
 H-2B Temporary
 H-3 Trainee

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B-1 Business Visitor Visa
 good for short-term visits (meetings, sales
calls, selling up company)
 limited time and limited activities
 cannot actually “work” in the U.S.
 must remain on foreign payroll
 must possess temporary (non-immigrant)
intent

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Visa Waiver Program
 90 day limit for stay
 only available to nationals of certain low fraud
countries
 no visa required but harsh treatment for
violators
 same limitations as B-1 Visa

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F-1 Student Visa
 for the length of the academic program + 60
days grace period
 Optional Practical Training for one year (EAD
required) available pre- or post- graduation
 Work/ Study Curricular Practical Training
 longer work permit for STEM students

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J-1 Exchange Visitor Visa
 for professors, scholars, students, trainees, au
pairs, foreign physicians, camp counselors,
summer work/travel, government visitors, etc
 need sponsoring organization
 may be subject to 2 year foreign residency
requirement

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H-1B Visa
Bachelor’s degree (or higher) in the
occupational area is required
More procedures and record keeping
Prevailing wage and LCA requirements
Certain notice and attestation requirements

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H-1B Visa (cont’d)
H-1B cap of 65,000 per fiscal year + 20,000 for
advanced degrees
Maximum period of stay is 6 years – extensions
may be available
H-1B1 – Singaporean and Chilean nationals
only – per Treaties (annual cap never reached)

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H-2B Visa (Temporary Workers)
Can be skilled or unskilled
Must prove no available U.S. workers to DOL
Annual cap of 65,000 met early

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L Intra-company Transferees
Managers and Executives (L-1A)
Managing function, component or department
Must have worked at least 1 year for company
abroad in M/E capacity within last 3 years
Must be coming to U.S. in M/E capacity
Maximum stay 7 years, but fairly easy to obtain
green card (if applying within first 2 years)

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L Intra-company Transferees
Employees with Specialized Knowledge (L-1B)
Specific knowledge of product and application in
international markets or advanced level of knowledge
of processes and procedures
Must have worked for company abroad at least 1 year
within last 3 years
Maximum stay is 5 years; more difficult to get green
card because requires labor certification
Spouses eligible for EAD

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E Treaty/ Traders Visa
Requires treaty between U.S. and foreign
country of which majority owners of foreign
company are nationals
Requires substantial and active
trade/investment between U.S. and foreign
company
Foreign national transfer must be same
nationality as treaty country

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E Treaty/ Traders Visa
 Employee performing supervisory or executive
duties OR employee serving in a minor capacity
who has skills which are “essential to the
successful operation of the enterprise”
 Two-year stay in U.S., however, new two-year
period every time leave U.S. (for validity of visa)
 E-3 Treaty Visas for Australian nationals –
similar to H-1B, with an annual cap of 10,500
(never reached)

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TN Visa
For Mexican and Canadian professionals
Occupation must be on the NAFTA list
Three year stay, but can be extended
No cap

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O-1 Visa
High standard – individual must be of the small
percentage who have risen to the very top of
his/her field
Must obtain Advisory Opinion from peer group
Can change from J-1 to O-1 w/o waiver of
foreign residence requirement (but must pursue
consular processing)
Initial period of stay is 3 years + extension
available in one-year increments (indefinitely)

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Immigrant (Permanent) Visa
Also called the “Green Card”
Priorities and Preferences
Labor Certification Process (PERM) applies only
to certain preferences

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Employment Immigrant Preferences
1. Persons of Extraordinary Ability, Outstanding
Professors and Researchers, Multinational
Executives and Managers
2. Members of the Professions Holding Advanced
Degrees or Persons of Exceptional Ability
3. Skilled Workers, Professionals and Other
Workers
4. Certain Special Immigrants: religious
workers, NATO employees, etc
5. Employment Creators: investors

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Family Immigration Preferences
1. Unmarried Sons and Daughters of Citizens
2. Spouses and Children, Unmarried Sons and
Daughters of Permanent Residents
A. Spouses and Children
B. Unmarried Sons and Daughters (21 years
of age or older)
3. Married Sons and Daughters of Citizens
4. Brothers and Sisters of Adult Citizens

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Family Immigration
 Visa Bulletin
 4-9 years current processing times
 Immigrant Visa Processing – how it works
 K1 Fiance vs. K3 Spouse Visa
 Who can bring parents? Siblings?
 Naturalization – why it is highly
recommended

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Immigration Planning
 Position and job description
 Anticipated length of time for the position
 Does employee intend to permanently remain
in the U.S. or return to home country?
 Spouse and children work permits and other
opportunities in the U.S. (i.e. studying)
 Early planning because of caps and delays
 Complex immigration system - use competent
immigration counsel

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Outbound Immigration
 Meritas Law Firms WorldWide
 With offices in 60+ countries throughout Asia,
Africa, Australia and New Zealand, Canada,
Europe, Latin America and the Caribbean, and
the United States

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The EndThe End
Thank YouThank You
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