This presentation outlines the basic of hiring international talent in Cleveland. Given February 3, 2014 by David Leopold as a part of Global Cleveland's Hiring International Talent series. Learn more: http://globalcleveland.org/for-employers/resources-hiring-int/howto

1. Global Cleveland:
Immigration Basics For
Employers

2. Nonimmigrant (Temporary) Visas

Optional Practical Training for Foreign
Students

Temporary employment related to an area of
study

Pre-completion (CPT)




After 1 academic year
Related to area of study
Part time while school in session
Full time during breaks

3. Optional Practical Training

Post Completion (OPT)



DSO endorses I-20
Student files I-765
Student works after approval of I-765

4. Optional Practical Training


Certain students can receive 17 month
extension of post completion OPT
F-1 Students who


Receive STEM degrees included on STEM
designated Degree Program List
Employed by E-verify enrolled users

5. H-1B

Specialty Occupation





Theoretical and practical application of body of
highly specialized knowledge
Engineers, Researchers, Accountants, Computer
Techs, other professional positions
3 year periods of stay
6 year maximum stay (with 2 exceptions)
85,000 annual cap

6. TN Visas for Canadian/Mexican
Professionals


TN—North American Free Trade Agreement
(NAFTA) creates special economic and trade
relationships for the United States (U.S.),
Canada and Mexico.
Citizens of Canada and Mexico work in the
U.S. in a prearranged business activity for a
U.S. or foreign employer.
216.696.4676 www.immvisa.com

7. TN Classification



Occupation must be listed in NAFTA’s
Appendix 1603.D.1
Duration: 3 year increments, no limitation on
renewals
Spouses and children (TD status) are not
granted work authorization
216.696.4676 www.immvisa.com

8. L Intracompany Transferees



Persons who, within the three preceding
years, have been employed abroad
continuously for one year
Will be employed by a branch, parent,
affiliate, or subsidiary of that same employer
in the U.S.
Managerial, executive, or specialized
knowledge capacity.
216.696.4676 www.immvisa.com

9. O-1 Persons of Extraordinary Ability

Persons with extraordinary ability or
achievement in the sciences, arts, education,
business, or athletics, or extraordinary
achievements in the motion picture and
television field.

10. E1/E2 Treaty Trader/Investors



A national of a country with which the US
maintains a treaty of commerce and navigation
who is
Carry on substantial trade, including trade in
services or technology, principally between the
U.S. and the treaty country, or
Develop and direct the operations of an
enterprise in which the national has invested, or
is in the process of investing a substantial
amount of capital
216.696.4676 www.immvisa.com

11. Employment-Based Immigrant Visas

Generally the applicant must have an
employer sponsor and be the beneficiary of
an approved Application for Alien Labor
Certification before being eligible to be the
beneficiary of an employment-based
immigrant visa petition.
216.696.4676 www.immvisa.com

12. (EB1) First Preference Priority
Workers


There are three sub-groups within this
category:
(EB11) Persons with extraordinary ability in
the sciences, arts, education, business, or
athletics


As shown by extensive documentation showing
sustained national or international acclaim and
recognition in their fields of expertise.
No employer/labor certification necessary
216.696.4676 www.immvisa.com

13. (EB1) First Preference Priority
Workers

(EB12) Outstanding professors and
researchers with at least three years
experience in teaching or research, who are
recognized internationally.

Tenure track teaching, or a comparable research
position at a university or other institution of higher
education. The prospective employer must
provide a job offer
216.696.4676 www.immvisa.com

14. (EB1) First Preference

(EB13) Multinational managers or executives
who have been employed for at least one of
the three preceding years by the overseas
affiliate, parent, subsidiary, or branch of the
U.S. employer.
216.696.4676 www.immvisa.com

15. (EB 2) Advanced Degrees and
Exceptional Ability



Generally requires a labor certification by the
Department of Labor.
A job offer/Labor Certification is required
Applicants may apply for exemption from job
offer and labor certification requirement if in
the national interest.
216.696.4676 www.immvisa.com

16. (EB3) Third Preference: SkilledUnskilled Workers, Professionals

Requires labor certification. 3 subgroups:



Skilled workers--minimum of 2 years training or
work experience that are not temporary or
seasonal.
Professionals--jobs require at least a
baccalaureate degree from a U.S. university or
college or its foreign equivalent degree.
Unskilled workers (Other workers) jobs that
require less than two years training or experience
that are not temporary or seasonal.
216.696.4676 www.immvisa.com

17. EB 5 Employment Creation (Investor
Visas)




(EB5) Investor/Employment Creation
must invest $1,000,000; or
$500,000 in targeted employment area.
Creates at least 10 new full-time jobs for U.S.
workers.
216.696.4676 www.immvisa.com

18. What To Expect From Immigration
Reform


Major sticking point is legalization/path to
earned citizenship.
Both sides agree on:




Border Security
Electronic Employment Verification
Visa system overhaul
Temporary worker program
216.696.4676 www.immvisa.com

19. Electronic Employment Verification


E-Verify
Beefed up enforcement against employers
who hire unauthorized workers
216.696.4676 www.immvisa.com

20. Visa Overhaul



Increase in H-1B annual cap
Increase in Employment-Based visas
Emphasis on STEM Graduates/Professionals



Graduates of US universities
Investors
Temporary Worker Program
216.696.4676 www.immvisa.com