international talent acquisition

International Talent Acquisition and Immigration Law

Interactive Seminar with Carl Shusterman

Kennedy InformationJanuary 22, 2009

The Law Offices of Carl Shusterman

!Everyone is Seeking International Talent

. . U S Immigration The Open Door

“ Give me your tired, your poor, your huddled masses yearning to breathe free.”

- Emma Lazarus


…The Door Slowly Closes

1875: Congress Bars Criminals & Prostitutes

1882: The Chinese Exclusion Act

1891: No “paupers, idiots, the insane, diseased persons or polygamists” or persons whose passage was paid for by another.

1917: No “illiterates, vagrants, stowaways, alcoholics”

1921: The quota system is introduced


:Navigating the Immigration Maze

: Immigration Clearing theHurdles

: Alphabet Soup Government- , , agencies USCIS DOL DOS

; Immigration Forms Big …enough to keep me warm

: Quotas Temporary & Permanent Visas


- Temporary Business Visas Part I

B-1 Business Visa

E-1 Treaty Trader

E-2 Treaty Investor

E-3 Australian Professional

H-1B Professional

H-3 Trainee


- Temporary Business Visas Part II

J-1 Exchange Visitor

L-1 Intracompany Transferee

O-1 Extraordinary Ability

P-1 Performers and Athletes

R-1 Religious Worker

TN Occupations


-1 H B Professionals Basic Qualifications

Possession of University Degree Job Requires University Degree Prevailing Wage Dual Intent


-1 - H B Professionals Limitations

Annual Numerical Caps - 65K and 20K 6,800 H-1B’s 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


– 1 J Exchange Visitors

Includes Medical Residents & Fellows

Two-Year Home Residency Requirement

Waivers from Two-Year Requirement

Work Permits for J-2 Spouses No Dual Intent


-1 L A Intracompany Managers andExecutives

Must be Employed Abroad for 1 Year In Same Capacity For Same Company Or for Parent, Subsidiary or Affiliate


-1 :L A Benefits and Limitations

No Numerical Cap No Prevailing Wage Requirement Maximum Duration – 7 Years Work Permits for L-2 Spouses Easy Transition to Permanent Residence Blanket Petitions Dual Intent


-1 L B Specialized KnowledgeWorkers

Must be Employed Abroad for 1 Year In Same Capacity For Same Company Or for Parent, Subsidiary or Affiliate


-1 :L B Benefits and Limitations

No Numerical Cap

No Prevailing Wage Requirement

Maximum Duration – 5 Years

Work Permits for L-2 Spouses

Requires PERM for Permanent Residence

Dual Intent


-1 O Extraordinary Ability Visas

For Those Who Have Risen to Top of Field

No Numerical Cap No Prevailing Wage Requirement No Maximum Duration - Initially for 3 Years No Work Permits for Spouses


( )TN Trade NAFTA

For Canadian and Mexican citizens only

60+ Occupations – Mostly Professionals

No Numerical Cap or Maximum Duration

Extensions Required Every Three Years

Canadians are Visa – Exempt

No Dual Intent

No Work Permits for Spouses


How to Obtain Permanent:Residence

Employment Relatives Visa Lottery Investment Asylum


( -1)Priority Workers EB

Persons of Extraordinary Ability Outstanding Professors and Researchers Multinational Managers and Executives


Persons with Advanced Degrees or ( -2) Exceptional Ability EB

M.D., J.D., Ph.D, Masters or Bachelors Plus Five Years

PERM Requirement – Recruiting for U.S. Workers

National Interest Waivers – For Physicians National Interest Waivers – For Others


Professional and Skilled Workers( -3)EB

Persons whose jobs Require 4-year Degree Persons whose jobs Require 2-years of

Experience PERM Requirement – Recruiting U.S.

Workers


– Green Cards through Employment:Procedure

Demonstrate that there are No Qualified U.S. Workers for Position

Prevailing Wage Requirement Advertisements in Print Media, Internet,

Job Fairs, etc.


– Green Cards through Employment :Waiting Times

Annual Numerical Cap – 140,000 including Spouses and Children

Visa Bulletin – Published Monthly by State Department

Per-Country Limitations - 7% Requirement Countries with Significant Backlogs Grounds of Inadmissibility


How to Obtain Additional Information and Stay Updated

Immigration Laws, Regulations & Procedures are Ever Changing

Our Website –www.shusterman.com Contains Thousands of Articles/Links U.S. Immigration Daily News Ticker Free, Monthly E-mail Newsletter – Over

57,000 Subscribers


international talent acquisition

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immigration maze