Most Frequently Used Visa Most Frequently Used Visa Options for Hiring Foreign Options for Hiring Foreign

NationalsNationals

Ari Sauer & Bruce E. BuchananAri Sauer & Bruce E. BuchananSiskind Susser PC – Immigration LawyersSiskind Susser PC – Immigration Lawyers

* Memphis, TN * Nashville, TN* Memphis, TN * Nashville, TN

* Atlanta, GA* Atlanta, GA

asauer@visalaw.com asauer@visalaw.com

bbuchanan@visalaw.combbuchanan@visalaw.com

(615) 345-0266 or (901) 682-6455(615) 345-0266 or (901) 682-6455

Optional Practical Training Optional Practical Training (OPT)(OPT)

Available to college graduates for 1-Available to college graduates for 1-year of employment with employer if year of employment with employer if directly relates to major area of study.directly relates to major area of study.

Essentially an extension of student’s F-Essentially an extension of student’s F-1 status but with Employment 1 status but with Employment Authorization Document (EAD).Authorization Document (EAD).

OPTOPT Employer does not have to file Employer does not have to file

Petition; rather employee files for Petition; rather employee files for EAD, usually through assistance of EAD, usually through assistance of school.school.

After one-year of employment, After one-year of employment, employee is eligible for additional 17 employee is eligible for additional 17 months of employment on OPT if:months of employment on OPT if:• Employee has STEM degree, andEmployee has STEM degree, and• Employer uses E-Verify.Employer uses E-Verify.

OPTOPT

Must find employment within 90 days Must find employment within 90 days of graduation. of graduation.

H-1B “Cap Gap” - employees are H-1B “Cap Gap” - employees are protected if OPT ends on or after protected if OPT ends on or after April 1 and before H-1B employment April 1 and before H-1B employment begins on October 1 by being begins on October 1 by being allowed to continue to work until H-allowed to continue to work until H-1B starts. 1B starts.

TN VisasTN Visas

Available only to Canadian and Available only to Canadian and Mexican nationals engaged in Mexican nationals engaged in activities at a professional level.activities at a professional level.

Each TN Visa is valid for up to 3 Each TN Visa is valid for up to 3 years. Previously, only 1 year visas.years. Previously, only 1 year visas.

No limit on the number of extensions No limit on the number of extensions of TN visa although you must show of TN visa although you must show ties back to Canada or Mexico. ties back to Canada or Mexico.

TN VisasTN Visas

TN Visa is for foreign national who is TN Visa is for foreign national who is coming to work temporarily in U.S. in coming to work temporarily in U.S. in business activities at professional business activities at professional level.level.

Similar to H-1B, except there is no Similar to H-1B, except there is no limitation on length of stay and can limitation on length of stay and can be filed at any time during the year. be filed at any time during the year.

Generally covers a broader range of Generally covers a broader range of job opportunities than H-1B.job opportunities than H-1B.

TN VisasTN Visas

Most foreign nationals will only be Most foreign nationals will only be eligible with college degree although eligible with college degree although management consultants/analysts management consultants/analysts can be approved without such, if it can be approved without such, if it can be proven that work experience can be proven that work experience is equivalent.is equivalent.

However, management consultants However, management consultants receive more scrutiny by USCIS and receive more scrutiny by USCIS and CBP.CBP.

TN VisasTN Visas

Canadians may apply for status at Canadians may apply for status at the border or file an I-129 with the the border or file an I-129 with the USCIS; USCIS;

Mexicans must file I-129 with USCIS Mexicans must file I-129 with USCIS prior to entry.prior to entry.

Dependents are TD and are not Dependents are TD and are not authorized to work.authorized to work.

L-1A & L-1B Intracompany TransfereeL-1A & L-1B Intracompany Transferee

• For someone employed abroad for at least one For someone employed abroad for at least one year who will be transferred to year who will be transferred to employer’s employer’s U.S. parent, branch, affiliate, or subsidiaryU.S. parent, branch, affiliate, or subsidiary

• Must be executive, manager, or have Must be executive, manager, or have specialized skill/knowledge (professional)specialized skill/knowledge (professional)

• Initially granted for up to 3 years, and 5 year Initially granted for up to 3 years, and 5 year extension possible for specialized extension possible for specialized knowledge, 7 years for managers/executivesknowledge, 7 years for managers/executives

• Good transition to “green card” for L-1AGood transition to “green card” for L-1A• No quota problemNo quota problem

H-1B Professionals (“Specialty Occupation”)H-1B Professionals (“Specialty Occupation”)

For jobs that, throughout the U.S., require at least For jobs that, throughout the U.S., require at least a bachelor’s degreea bachelor’s degree

Foreign degree must be equivalent to US degree Foreign degree must be equivalent to US degree Labor condition application (LCA) Labor condition application (LCA) Must pay prevailing wage or higherMust pay prevailing wage or higher Admission for up to 6 years (some exceptions)Admission for up to 6 years (some exceptions) High filing feesHigh filing fees ““Dual Intent” statusDual Intent” status Spouses can apply for work authorization in Spouses can apply for work authorization in

certain situationscertain situations

E-3 professionals (“specialty E-3 professionals (“specialty occupation”) from Australiaoccupation”) from Australia

• Very similar to H-1B, but only for citizens of Very similar to H-1B, but only for citizens of Australia Australia

• No quota problemsNo quota problems• For jobs that, throughout the U.S., require at For jobs that, throughout the U.S., require at

least a bachelor’s degree least a bachelor’s degree • Granted in two-year increments, no limit, Granted in two-year increments, no limit,

provides good transition to “green card”provides good transition to “green card”• Employer may skip filing petition with USCIS Employer may skip filing petition with USCIS

and have employee apply at consulateand have employee apply at consulate• Spouses can workSpouses can work

O-1 persons of extraordinary abilityO-1 persons of extraordinary ability

• Must prove extraordinary ability in Must prove extraordinary ability in sciences, arts, education, business, or sciences, arts, education, business, or athletics, athletics, by “sustained national or by “sustained national or international acclaim”international acclaim”

• Requires extensive documentationRequires extensive documentation• Employer files petition with USCISEmployer files petition with USCIS• Initial period of up to 3 years, no limit Initial period of up to 3 years, no limit

on extensions, good transition to “green on extensions, good transition to “green card”card”

J-1 Exchange Visitor Trainee and InternJ-1 Exchange Visitor Trainee and Intern

• Trainee has degree, certificate, and/or Trainee has degree, certificate, and/or experience related to the training fieldexperience related to the training field

• Intern is recent overseas college Intern is recent overseas college graduategraduate

• Programs may last up to 18 monthsPrograms may last up to 18 months• Requires meticulous training planRequires meticulous training plan• Certain Sponsor Programs can Certain Sponsor Programs can

create/facilitate these programscreate/facilitate these programs

J-1 Exchange Visitor Program SponsorsJ-1 Exchange Visitor Program Sponsors

• Not many companies have J-1 programs, but most higher Not many companies have J-1 programs, but most higher ed. institutions do, and some non-profits do. Increasing ed. institutions do, and some non-profits do. Increasing interest in J-1 training programs among large companiesinterest in J-1 training programs among large companies

• Lengthy process to gain authorization from Dept. of State Lengthy process to gain authorization from Dept. of State to host J-1s to host J-1s

• Administration of a program is complex (utilize SEVIS Administration of a program is complex (utilize SEVIS system to issue documents so DHS can track users)system to issue documents so DHS can track users)

• Sponsors may be granted authority to host J-1s in various Sponsors may be granted authority to host J-1s in various categories: professor, research scholar, short-term categories: professor, research scholar, short-term scholar, specialist, teacher, government visitor, scholar, specialist, teacher, government visitor, international visitor, physician, au pair, camp counselor, international visitor, physician, au pair, camp counselor, summer work/travel, and trainee/intern summer work/travel, and trainee/intern

• Depending on category/activity, several months or Depending on category/activity, several months or several yearsseveral years

Bruce Buchanan’s BioBruce Buchanan’s Bio

Bruce E. Buchanan is an attorney at the Nashville and Atlanta offices of Siskind Susser PC, Bruce E. Buchanan is an attorney at the Nashville and Atlanta offices of Siskind Susser PC, where he primarily represents employers in all aspects of immigration law, with a where he primarily represents employers in all aspects of immigration law, with a special emphasis on employer immigration compliance, as well as employment/labor special emphasis on employer immigration compliance, as well as employment/labor law matters. Mr. Buchanan received his law degree from the Vanderbilt University law matters. Mr. Buchanan received his law degree from the Vanderbilt University School of Law in 1982. Before going into private practice in 2003, he served as senior School of Law in 1982. Before going into private practice in 2003, he served as senior trial specialist for the National Labor Relations Board for 20 years. Mr. Buchanan also trial specialist for the National Labor Relations Board for 20 years. Mr. Buchanan also served for 12 years as Adjunct Professor at William H. Bowen UALR School of Law. Mr. served for 12 years as Adjunct Professor at William H. Bowen UALR School of Law. Mr. Buchanan authors his own blog on employer immigration compliance, located at Buchanan authors his own blog on employer immigration compliance, located at www.EmployerImmigration.com,www.EmployerImmigration.com, is a guest blogger for LawLogix, located at is a guest blogger for LawLogix, located at http://www.lawlogix.com/blog?type=Electronic%20I-9http://www.lawlogix.com/blog?type=Electronic%20I-9, and is a monthly columnist for , and is a monthly columnist for HR Professionals MagazineHR Professionals Magazine. He is also the editor of the Tennessee Bar Association's . He is also the editor of the Tennessee Bar Association's ImmigrationImmigration Law Section Newsletter, TBA’s Labor & Employment Law Newsletter, and Law Section Newsletter, TBA’s Labor & Employment Law Newsletter, and the AILA’s Georgia-Alabama Newsletterthe AILA’s Georgia-Alabama Newsletter. Mr. Buchanan recently served on the . Mr. Buchanan recently served on the American Immigration Lawyers Association’s National Verification Liaison Committee. American Immigration Lawyers Association’s National Verification Liaison Committee. He is past-Chair of the TBA's Immigration Law Section and Arkansas Bar Association’s He is past-Chair of the TBA's Immigration Law Section and Arkansas Bar Association’s Labor and Employment Section. Mr. Buchanan is admitted to practice in Tennessee, Labor and Employment Section. Mr. Buchanan is admitted to practice in Tennessee, Georgia, Florida, and Arkansas, and before the U.S. Court of Appeals for the Fifth, Georgia, Florida, and Arkansas, and before the U.S. Court of Appeals for the Fifth, Sixth, Eighth, and D.C. Circuits.Sixth, Eighth, and D.C. Circuits.

Phone: (615) 345-0266 Phone: (615) 345-0266

Email: bbuchanan@visalaw.com Email: bbuchanan@visalaw.com

Ari Sauer’s BioAri Sauer’s BioAri J. Sauer represents corporate and individual clients in all areas of U.S. immigration Ari J. Sauer represents corporate and individual clients in all areas of U.S. immigration

law. Mr. Sauer is an Elected Director of the Board of Governors of the American law. Mr. Sauer is an Elected Director of the Board of Governors of the American Immigration Lawyers Association (AILA). He has served on the AILA Board of Immigration Lawyers Association (AILA). He has served on the AILA Board of Governors since 2011. Mr. Sauer has previously served as Chapter Chair of the AILA Governors since 2011. Mr. Sauer has previously served as Chapter Chair of the AILA Mid South Chapter, which includes the states of Tennessee, Mississippi, Arkansas, Mid South Chapter, which includes the states of Tennessee, Mississippi, Arkansas, Kentucky, and Louisiana. He regularly speaks about immigration law for AILA and the Kentucky, and Louisiana. He regularly speaks about immigration law for AILA and the Federal Bar Association and has contributed a number of articles on immigration Federal Bar Association and has contributed a number of articles on immigration publications.publications.

Mr. Sauer regularly answers questions on immigration law in his blog, Mr. Sauer regularly answers questions on immigration law in his blog, The Immigration The Immigration Answer ManAnswer Man at www.immigrationanswerman.com. at www.immigrationanswerman.com.

Phone: (901) 682-6455Phone: (901) 682-6455

Email: asauer@visalaw.com Email: asauer@visalaw.com