Temporary Work Visas and Employment-Based Green Cards

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Temporary Work Visas and Employment Based Green
Cards

• Carl Shusterman Immigration Attorney
• Los Angeles, CA

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H-1B Professionals

• Basic Qualifications
• Possession of University Degree
• Job Requires University Degree
• Prevailing Wage
• Dual Intent
• Limitations
• Annual Numerical Caps - 65K and 20K
• 6,800 H-1Bs for Citizens of Singapore and Chile
• Exemptions from Cap
• Maximum Duration 6 years
• Exemptions from Maximum Duration
• No work permits for H-4 Spouses and Kids

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Treaty Traders (E-1)

• General Qualifications of a Treaty Trader
• Be a national of a country with which the U.S
  maintains a treaty of commerce and navigation
• Carry on substantial trade
• Carry on principal trade between the U.S and the
  treaty country which qualified the treaty trader
  for E-1 classification.
• General Qualifications of the Employee of a
  Treaty Trader
• Be the same nationality of the principal alien
  employer (who must have the nationality of the
  treaty country)
• Meet the definition of employee under the
  relevant law
• Either be engaging in duties of an executive
  or supervisory character, or if employed in a
  lesser capacity, have special qualifications.

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Treaty Investors (E-2)

• General Qualifications
• Be a national of a country with which the U.S
  maintains a treaty of commerce and navigation
• Invest a substantial amount of capital in a bona
  fide enterprise in the U.S
• Show at least 50 ownership of the enterprise or
  possession of operational control through a
  managerial position or other corporate device.
• General Qualifications of the Employee of a
  Treaty Investor
• Be the same nationality of the principal alien
  employer (who must have the nationality of the
  treaty country)
• Meet the definition of employee under relevant
  law
• Either be engaging in duties of an executive or
  supervisory character, or if employed in a lesser
  capacity, have special qualifications.

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Permanent Residence for Investors (EB-5)

• General Qualifications
• The investor must invest 1 million in a new
  commercial enterprise
• If the enterprise is located in either a rural or
  a high-employment area, the amount of funds which
  needs to be invested is reduced to 500,000
• Create 10 jobs for U.S. workers.
• Investors must start their own commercial
  enterprise or invest in one of 300 approved
  regional centers.

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Proposed New Immigration Law (Passed Senate in
June 2013)

• Employment-Based Provisions in the Bill
• Would Change Focus of Legal Immigration system
• Less Green Cards for Family Members
• Would End Visa Lottery
• More Green Cards for Those with Needed Skills
• Start-Up Act

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Proposed New Immigration Law (Passed Senate in
June 2013)

• Temporary Working Visas
• Registered Provisional Immigrants
• Large Increase in H-1B Visas
• Work Visas for Semi-Skilled Workers
• Employment-Based Green Cards
• Recapture of Lost Green Cards
• Cap-Exempt Categories
• Merit-Based System

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