Webinar Details: -The difference between the most common U.S. work visa types -Temporary stay requirements vs. permanent residency -How to keep your organization immigration compliant

1. Presented by: Amanda Bolhuis, Attorney,
Global Immigration Associates and Jamie
Gilpin, Chief Marketing Officer and
Workforce Trends Analyst, Envoy
The Beginner’s Guide
to Immigration

2. 2
About the Presenters
Jamie Gilpin, a veteran to the HR technology
industry, brings over 15 years of sales,
marketing, and branding experience to
Envoy. As CMO, she plays a key role in driving
a powerful brand for Envoy that represents
its dedication to providing education,
support, unparalleled value and a better
experience for both businesses and
employees navigating the immigration
process. Prior to Envoy, Gilpin was the vice
president of marketing at CareerBuilder
where she studied the relationships between
job seekers and employers for over a decade
and became passionate about solving the
skills gap. Jamie has spoken on the skills gap,
workforce trends, big data, and technology at
numerous industry conferences and in media
interviews.

3. About Envoy
The global immigration process is frustrating, confusing, stressful and inefficient.
For nearly 20 years, Envoy has been on a mission to fix that — we are a global immigration services provider
combining expert legal representation with the only technology platform that makes it seamless for
companies to hire, mobilize and manage a global workforce.
growth in last 2 years
51%
190
Secure work
authorization in
countries around
the globe
95%+Envoy-affiliated attorney
case approval rate for over
30,000 cases*
1,000+customers
80+Average NPS
3

4. About Envoy
50%17%
8%
4%
4%
STEM
Consulting
Manufacturing
Advertising and
Marketing
Education
Our customers span a variety of industries,
including (top 5 listed):
The global immigration process is frustrating, confusing, stressful and inefficient.
For nearly 20 years, Envoy has been on a mission to fix that — we are a global immigration services provider
combining expert legal representation with the only technology platform that makes it seamless for
companies to hire, mobilize and manage a global workforce.
4

5. 5
AGENDA
• Visa Overview: B, E, H, F-1, J, L, O
• Employment-Based Green Cards
• Immigration Compliance
• Questions

6. 6
About the Presenters
Amanda Bolhuis, an attorney from Global
Immigration Associates (a law firm affiliated
with Envoy), has built and submitted
hundreds of nonimmigrant and immigrant
work visa petitions. She has extensive
experience handling B, E, H, L, O and TN visa
cases, employment-based green cards and
U.S. Citizenship and Immigration Services
Requests for Evidence.

7. 7
B-1 Visa
B-1 Visa: Business visitor visa
Commonly used for overseas contract negotiations,
short-term training, attending conferences and
in-person consulting
Eligibility:
• Lecturers
• Researchers
• Commercial
engineers
• Salespersons
• Trainers
Qualifications:
• Funds to cover expenses
throughout the stay
• No compensation by a U.S.
employer during the trip
• Residence and country ties
in the home country with
no interest in abandoning
those ties
• Intent to leave the U.S. at
the end of his or her visit

8. 8
B-1 Visa
Validity Period
Dual Intent
B-1 visas are not dual intent, meaning holders may face international travel complications if they file a green card
petition under this status. It is recommend they switch to a dual intent visa, such as an H-1B Person in Specialty
Occupation visa or an L-1 Intracompany Transferee visa, before applying for legal permanent residency.
Dependents
Spouses and children of B-1 holders aren’t eligible to apply for a dependent visa. If the traveler would like family
members to accompany him or her, separate B-2 visitor visa applications must be filed.
1-6
months
INTIAL STAY
6 months
RENEWALS
Extensions of up to
granted
1 year
TOTAL STAY
Up to
Special Note
The B-1 visa itself can be
valid up to 10 years,
depending on country of
citizenship. Consult an
attorney to learn whether
your employee’s B-1 visa
validity period exceeds the
standard time allotment.

9. 9
E Visas
E-2 Treaty visa:
• Eligibility: Foreign nationals sharing the same
nationality as the company or person that owns the
sponsoring U.S. entity may apply for an E-2 visa.
• There are three types of individuals eligible for an
E-2 visa:
• A foreign national investor with a sizable stake in a
U.S. entity (at least 50 percent ownership must be
held at all times)
• A managerial or executive employee of an investing
corporation maintaining a controlling interest at all
times, with at least 50 percent ownership
• An essential employee of an investing corporation
with key skills that allow for performing specific job
functionalities

10. 10
E Visas
E-2 Treaty Visa
Validity Period
Dual Intent
E-2 visas are not dual intent.
Dependents
E-2 visa holders may be accompanied by their spouses or
unmarried children under age 21 with the E-2 nonimmigrant
dependent visa classification. The dependents’ nationalities don’t
need to be the same as the employee or treaty investor, and they
may study during their stay. Spouses on E-2 status are also
eligible to apply for work authorization once they are in the U.S.
Special Requirements
The investment must:
• Be sufficient to ensure the success of the operation
• Lead to a fully operational commercial or
entrepreneurial undertaking
• Generate more income than to provide a living for the
traveler’s family or it should majorly impact the U.S.
economy
• Be at risk commercially and the funds must be
controlled by the investor – loans secured with assets
don’t qualify
2 years
INTIAL STAY
2-year
RENEWALS
Extensions granted
increments
Indefinite
TOTAL STAY
Up to
Special Note
Each time the foreign
national enters the U.S.,
no matter how little
time is left on the E-2
visa, he or she may be
granted a 2-year period
of stay.

11. 11
E Visas
E-3 Visa: Certain Specialty Occupation Professional from Australia
Eligibility:
• This special visa classification is available to Australian citizens if:
• There’s a legitimate offer of employment in the U.S.
• The individual possess at least a bachelor’s degree or foreign
equivalent
• It will fill a specialty occupation that requires a specific skill set
and/or specialized knowledge. Examples include:
• Health care
• Biotechnology
• Human resources
• Education
• Engineering
• Computer sciences
• Management
• Medicine
• The U.S. employer must make attestations about the wage and
working conditions in the LCA

12. 12
E Visas
Validity Period
Dual Intent
E-3 visas are not dual intent.
Dependents
E-3 may be accompanied by their spouses or unmarried children under age 21 with an E-3 nonimmigrant
dependent visa classification. Spouses and minor children do not need to be Australian citizens. Dependents
are allowed to study while in the U.S. Spouses, but not children, may apply for work authorization.
2 years
INTIAL STAY
2-year
RENEWALS
Extensions granted
increments
Indefinite
TOTAL STAY
Up to
Special Note
The E-3 visa itself is valid
up to two years. Once
you enter the U.S. on
that valid visa, you will
get a two-year period of
stay.

13. 13
H Visas
H-1B Visa: Person in Specialty Occupation
Eligibility:
• The H-1B visa is designated for individuals
working in a specialty occupation that requires
a specific skill set and background of
specialized knowledge. While there is no set
“specialty occupation” list, they often fall into
a few categories:
• Biotechnology
• Education
• Engineering
• Computer sciences
• Management
• Medicine
Additional Requirements:
• Must have completed a four-year bachelor’s
degree in a field of study related to the
position. If the degree was obtained overseas
or is not a four-year bachelor’s degree, an
education evaluation must be completed.
• Industry standard education requirements for
the position must include a bachelor’s degree
• Salary for the position must meet minimum
prevailing wage requirements
• If the position requires the employee to work
off-site, additional proof of employment may
be needed

14. 14
H Visas
Validity Period
H-1B Visa
3 years
INTIAL STAY
3 years
RENEWALS
Extensions of up to
granted
6 years
TOTAL STAY
Up to
Special Note
H-1B holders who’ve
completed select
portions of the green
card application process
can extend their status
beyond the six-year
max-out date.
Dual Intent
H-1B visas are dual intent and its holders may apply for a green card under
this status. It’s recommended that H-1B holders begin the application
process no later than two years prior to their six-year max-out date.
Dependents
Employees may be accompanied by their spouses and unmarried children 21
years and under with an H-4 nonimmigrant dependent classification. Select
spouses are entitled to work authorization once the H-1B holder has reached
a certain point in the green card application process. Dependents are allowed
to study while in H-4 status.
H-1B Cap
First time H-1B visa applicants are subject to the
annual cap, which opens in April. The number of
visas processed each year are:
• 65,000 for bachelor’s degrees
• 20,000 for applicants with master’s degrees
If the H-1B petition is accepted for processing and
approval, the first official start date is October 1.

15. 15
H Visas
Eligibility:
• Citizens of Chile and Singapore are eligible for this FTA professional
work visa. The job must involve specialty work that requires at least
a bachelor’s degree with at least four years of study in the field.
• Qualifying candidates must be filling a “specialty occupation” role
meaning, it requires a specific skill set and background of
specialized knowledge. Examples include:
• Engineering
• Mathematics
• Physical sciences
• Computer sciences
• Medicine
• Health care
• Education
• Biotechnology
• Management
• Human Resources
• Candidates must also hold a bachelor’s degree (or foreign
equivalent) in a major related to the U.S.-based position they are
pursuing or possess equivalent work experience.
Additional Requirements:
• Must have completed a four-year
bachelor’s degree in a field of study related
to the position. If the degree was obtained
overseas or is not a four-year bachelor’s
degree, an education evaluation must be
completed.
• Industry standard education requirements
for the position must include a bachelor’s
degree
• Salary for the position must meet minimum
prevailing wage requirements
• If the position requires the employee to
work off-site, additional proof of
employment may be needed
H-1B1: Free Trade Agreement (FTA) Professional

16. 16
H Visas
H-1B1
Validity Period
18 months
INTIAL STAY
18 months
RENEWALS
Unlimited extensions permitted
at a time
varies
TOTAL STAY
Dual Intent
H-1B1 visas are not dual intent.
Dependents
Employees may be accompanied by their spouses and unmarried children 21 years and under with an H-4
nonimmigrant dependent classification. Dependents are allowed to study while in H-4 status but are not
eligible for work authorization.
up to

17. 17
H Visas
H-3: Nonimmigrant Trainee or Special
Education Exchange Visitor Visa
Eligibility:
• The H-3 visa allows you to sponsor individuals coming to
the U.S. for training. Additionally, it allows a special
education exchange visitor to enter the U.S. to train
specifically in special education.
Additional Requirements:
• For trainees, the training can be in any field that’s not
offered in the person’s home country, except graduate
medical education or training.
• For special education exchange visitors, the training will
allow him or her to develop practical experience educating
children with physical, mental or emotional disabilities.

18. 18
H Visas
Validity Period
18-24
months
INTIAL STAY
no extensions
RENEWALS
granted
24 months
TOTAL STAY
Dual Intent
H-3 visa is not dual intent.
Dependents
H-4 dependent visa is available for the spouse and children under 21 years. Dependents may study but not
work.
H-3 Visa
up to

19. 19
F-1 OPT STEM Extension
Benefits
• Adds two years of work authorization to
students in science, technology,
engineering and mathematics (STEM) fields
• Often used as a plan B for
H-1B cap petitioners
• No cap
• Valid for 24 months after the
initial year of OPT
Eligibility Requirements
• Foreign nationals holding F-1 status,
studying at a U.S. college or university with
Optional Practical Training
work authorization
• Students holding a STEM-eligible degree
• Employer must be enrolled in e-Verify
• Must complete a qualifying training plan to
be submitted to DSO

20. 20
J-1 Visa
Benefits
• The Exchange Visitor (J) non-immigrant visa
category is for individuals approved to
participate in work-and study-based
exchange visitor programs.
• 18 month maximum period of stay
Eligibility Requirements
• Intern program: currently enrolled in foreign
degree-granting post-secondary academic
institution or have graduated less than 12
months ago
• Training program: has a foreign degree and
at least 1 year of prior related work
experience or 5 years of related work
experience outside of the U.S.
• Both require a detailed training plan

21. 21
L Visas
L-1A: Intracompany Transferee Executive or Manager
Eligibility:
• Foreign nationals who’ve worked abroad at
foreign affiliate of the sponsoring U.S. entity in
an executive or managerial capacity can apply for
this visa category.
• Executive capacity refers to the
employee’s ability to make major decisions
without much oversight.
• Managerial capacity refers to the ability of
the employee to supervise and direct the
work of employees and to manage the
organization, or a department,
subdivision, function or another
component of the organization.
Additional Requirements:
• Candidates must have worked at a related
entity abroad for at least 12 continuous
months out of the last three years at the
time of application.
• The work or service must be in an executive
or managerial capacity for a branch of the
same employer.
• There must be a qualifying relationship with
a foreign company such as a parent company,
branch, subsidiary or affiliate.

22. 22
L Visas
Blanket L Certification
Blanket L Certification may be
established if:
• All parties involved are engaged in
commercial trade or services
• The petitioner has a U.S. office
that’s been operational for one
year
• There are three or more domestic
and foreign branches, subsidiaries
and affiliates
The petitioner along with the other
qualifying organizations must also
meet one of the following criteria:
• Have obtained at least 10 L-1
approvals during the previous 12-
month period;
• Have U.S. subsidiaries or affiliates
with combined annual sales of at
least $25 million; or
• Have a U.S. workforce of at least
1,000 employees
The Blanket L Certification saves time and is great for
short-notice transfer situations.

23. 23
L Visas
Validity Period
Dual Intent
The L-1A visa is dual intent.
Dependents
Employees may be accompanied by their spouses and unmarried children 21 years and under with an L-2
nonimmigrant dependent classification. Dependents are allowed to study. Spouses in L-2 status may apply
for work authorization once they are in the U.S.
L-1A Visa
3 years
INTIAL STAY
2-year
RENEWALS
Two year extensions granted in
increments
7 years
TOTAL STAY

24. 24
L Visas
L-1B: Specialized Knowledge Intracompany Transferee
Eligibility:
• U.S. employers may transfer an employee with
specialized knowledge relating to the organization from
one of its affiliated foreign offices to a U.S. branch.
Qualifications:
• Candidates must have worked in the qualifying
organization for at least 12 months within the last 3
years leading up to the transfer.
• Candidates must be working in the field of specialized
knowledge for a branch of the same employer.

25. 25
L Visas
Validity Period
Dual Intent
The L-1B visa is dual intent.
Dependents
Employees may be accompanied by their spouses and unmarried children 21 years and under with an L-2
nonimmigrant dependent classification. Dependents are allowed to study. Spouses in L-2 status may apply
for work authorization once they are in the U.S.
L-1B Visa
3 years
INTIAL STAY
2-year
RENEWALS
Two year extensions granted in
increments
5 years
TOTAL STAY

26. 26
O Visas
O visas were designed for extremely special
employment cases and as a result, they only
apply to very specific workers.
O-1: Individuals with Extraordinary Ability or
Achievement
Eligibility:
• People who possess extraordinary ability in the
sciences, arts, education, business and athletics
Extraordinary ability means the person has risen to the
very top of the field of endeavor and is known
internationally or nationally for his or her achievements

27. 27
O Visas
Validity Period
Dual Intent
O-1 visas are not dual intent.
Dependents
Spouses and unmarried children 21 years of age and under may accompany the O-1 holder with an O-3
nonimmigrant dependent visa classification. They are not authorized to work and cannot apply for work
authorization. However, they are allowed to study.
O-1 Visa
3 years
INTIAL STAY
1 year
RENEWALS
Unlimited extensions granted up to
Indefinite
TOTAL STAY

28. 28
Employment-Based Green Cards
Employment-based (EB) green cards are a valuable
tool to attract and retain foreign talent, allowing U.S.-
based companies to maximize their competitive edge
and promote national economic growth.
EB-1: Priority Workers
Eligibility:
• Workers of extraordinary ability
• Outstanding university professors or researchers
• Executives or managers of multinational companies
*Note: The EB-1 green card category is one of the most desirable options
because it does not require companies to complete the complex PERM labor
certification process, resulting in a significantly faster application processing
time.

29. 29
Employment-Based Green Cards
Validity Period
Dependents
Individuals may concurrently file the green card applications for their spouse and minor children along with
their green card application. While the green card applications are pending, any dependent may apply for
work and travel authorization.
indefinite
INTIAL STAY
10 years
RENEWALS
Physical green card needs
to be renewed every
Green card holders are
eligible to apply for
citizenship after five
years
Special Note

30. 30
Employment-Based Green Cards
EB-2: Advanced Workers
Eligibility:
• Professionals who hold advanced degrees
• Foreign nationals with exceptional ability in the
sciences, arts or business
• Professionals whose work benefits the national interest
of the U.S.
*Note: The EB-2 green card has laxer eligibility guidelines than EB-1. However,
the time-consuming permanent labor certification (PERM) process is a
prerequisite. The PERM process is designed to test the labor market to ensure
there are no ready, willing and able U.S. workers who could qualify for the job
offer

31. 31
Employment-Based Green Cards
Validity Period
Dependents
Individuals may concurrently file the green card applications for their spouse and minor children along with
their green card application. While the green card applications are pending, any dependent may apply for
work and travel authorization.
indefinite
INTIAL STAY
10 years
RENEWALS
Physical green card
needs to be renewed
every
Green card holders
are eligible to apply
for citizenship after
five years
Special Note

32. 32
Employment-Based Green Cards
EB-3: Skilled or Other Workers
Eligibility:
• Professionals with a bachelor’s degree or foreign
equivalent who are filling a role that requires a college
degree
• Skilled workers include foreign nationals with at least
two years of training or work experience who may or
may not hold a college degree
• Other or unskilled workers are those filling a job that
requires less than two years of training or experience
*Note: The EB-3 casts the widest net in terms of who qualifies. As a result, it
has the largest processing backlog. Additionally, the PERM labor certification
process is required to complete the application.

33. 33
Employment-Based Green Cards
Validity Period
Dependents
Individuals may concurrently file the green card applications for their spouse and minor children along with
their green card application. While the green card applications are pending, any dependent may apply for
work and travel authorization.
indefinite
INTIAL STAY
10 years
RENEWALS
Physical green card
needs to be renewed
every
Green card holders
are eligible to apply
for citizenship after
five years
Special Note

34. 34
Immigration Compliance
Noncompliance in the immigration space is a tangled web of
investigative bodies and administrative departments – with ICE,
USCIS the DOL and the DOJ enforcing various aspects of U.S.
immigration law in the United States alone.
The cost of failing to comply can be prohibitive. Consequences
include hefty monetary penalties, potential criminal sanctions, an
inability to secure visas for company employees in a particular
jurisdiction, potentially disgruntled employees, business partners
and/or clients and disruption to business practices.
39%
have challenges
maintaining accurate
records for
compliance
OF EMPLOYERS

35. THANK YOU
Questions & Thank You
Continuing education credit
HRCI Credits: 326213
SHRM Credits: 17-6IR8D