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IMMIGRATION IN 2013 UPDATE FOR EMPLOYERS The Confidence of Trusted Counsel

IMMIGRATION IN 2013 UPDATE FOR EMPLOYERS The Confidence of Trusted Counsel

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IMMIGRATION IN 2013

UPDATE FOR EMPLOYERS

The Confidence of Trusted Counsel

www.celaw.com

Immigration Basics

New Developments

Best Practices

Immigration Legislation

Immigration in 2013

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Non-immigrant

Immigrant

Other Refugees, special programs “Entry Without Inspection” (EWI)

How Do People Come to the United States?

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Required for entry Except for Visa Waiver Program, Canadians

Typically requires pre-clearance through USCIS for most employment classes

Must visit the consulate abroad to obtain a visa Valid for certain time and number of entries

What is a Non-Immigrant Visa?

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Date controls length of stay Proof of lawful entry and tells you when you

fall out of status Old I-94:

What is an I-94 Card?

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H-1B: Professionals L-1: Intra-company transfers TN: Canadian and Mexican professionals O-1: Individuals of extraordinary ability E: Treaty traders, investors, Australians F-1: Students (with OPT, CPT) J-1: Training and exchange visitors

Non-Immigrant Status

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Non-immigrant Visa Holders: Spouses and Children Under 21

Spouses and children get visas

Spouses that can work E-2, E-3, L-1 (L-2)

Spouses that cannot work H-1B (H-4), TN (TD), O-1 (O-3)

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Change from one non-immigrant status to another

Must be in status to change status

CIS issues approval and a new I-94

No need for visa until foreign travel

Change of Status

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Green card, permanent resident Right to work Travel without a visa Limited options for eligibility Can be lost/abandoned

Crime Absence

Immigrant

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Employment-Based Permanent Residence

Five employment categories EB-1 through EB-5 and visa allocations

Most employees use EB-2 or EB-3

Two-step or three-step process

Timing

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Naturalization Read, write and speak English

Five years of lawful permanent residence

Physical presence

Good moral character

U.S. Citizenship

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Trends – Current Laws

Non-immigrant and temporary visa trends

Employment-based visas H-1B cap & adjudications L-1 issues O-1 visas

DACA (“DREAM Act”)

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Trends – Current Laws

Immigrant visa trends and issues Preference petitions Labor certifications Backlogs

I-9 and Enforcement Completing the new I-9 I-94s online Enforcement trends & E-Verify

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Comprehensive Immigration Reform (CIR) Passes in Senate 68-32 (bipartisan support) Enforcement deal

House of Representatives Signals of a piecemeal approach Schism in the Republican party

Immigration Reform on the Horizon?

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What we know More visas for STEM employees,

entrepreneurs, and the well-educated Mandatory E-Verify Border Security

What we suspect More visas, but more compliance

What we don’t know Path to citizenship?

Immigration Reform on the Horizon?

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Money

Time

Risk

Common Questions from Employers

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Service

Technology

Letting the employee choose counsel

Who is the client?

Considerations for Employers

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Value-added services Do you have an immigration policy?

Family members Financial commitment and payback agreements? Waiting periods

Pre-screening Day-to-day counseling Global assistance

Considerations for Employers

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FEEL FREE TO CONTACT ME

WITH ANY QUESTIONS!

Brad Hendrick

[email protected]

Phone: 303-443-8010

The Confidence of Trusted Counsel