Employment Based Immigration & Sponsorship

Kelly E. Simon, Partner314-552-6537 Office314-602-6537 Mobileksimon@thompsoncoburn.com

Agenda

Immigration 101

Strategies for Sponsoring Foreign Nationals

Questions

Part 1:Immigration 101

Glossary of Common Immigration Terms

Nonimmigrant – individual from foreign country who has the intent to visit the U.S. on a temporary (non-permanent) basis

Immigrant – individual from foreign country who has the intent to stay permanently in the U.S.

Frequent Nonimmigrant Statuses

F-1 (Students) H-1B (Specialized Professionals) TN (NAFTA Professional) L-1 (Intracompany Transfers)

F-1 Students

Student enrolled in full time course of study at U.S. educational institution

Paperwork prepared by school Work eligibility in limited circumstances• Curricular Practical Training• Optional Practical Training – 1 year of employment

following graduation

OPT

12 months is standard term

Additional 17 month extension is available if student has STEM degree and employer is enrolled in E-Verify

OPT Students can complete an I-9 based on documents provided by their school

H-1B – Specialized Professionals

Position must be “specialty occupation” Job must require and individual must have a

bachelor’s degree in the area of specialty or a related field

6 years Additional extensions become available, if

certain threshold steps are made in the green card process on behalf of the individual

H-1B – The CAP

Limited number of H-1B visas available each fiscal year

If you plan to hire someone who will need sponsorship, application must be filed by April 1 for October 1 start date

Lottery

H-1B Portability

Employees in H-1B status must work for the sponsoring employer in the position subject to the application

But, the employees are portable, meaning they can work for a new sponsoring employer• New employer must file a petition for change of

employer and get a receipt notice before new employment may begin

Green Card Process

Three steps to the green card process:• Labor Certification: Employer tests job market to

see if there are any U.S. workers willing and able to do the job

• Form I-140: Employer requests permission to sponsor employee for employment based green card

• Form I-485: Employee files green card application

Green Card Process

The demand exceeds the supply

Backlogs have been created – particularly for foreign nationals from China and India

For backlogged category, the wait can easily exceed 4 or 5 years

Part 2:Strategies for Hiring or

Sponsoring Foreign Nationals

The Most Critical Question:

Why sponsor a foreign national for work authorization?

Four Approaches to Sponsorship

Long Term Vacancies

Senior/High Level Positions

Specific Skills

Ad Hoc

The Strategy Questions

What is the internal protocol?

What is the nonimmigrant strategy?

What is the temporary to permanent strategy?

Part 3:Questions?