Imm Fragomen

8/13/2019 Imm Fragomen

1/23

Fragomen, Del Rey, Bernsen & Loewy, LLP7 Hanover Square

New York, NY 10004-2756www.fragomen.com

(212) 688-8555

Ethan Kaufman, Esq.

[email protected]

Adam Ketcher, Esq.

[email protected]


2/23

Agenda

About Fragomen

Employment-Based Green Card Strategies Immigration Home Page

Q & A

2


3/23


4/23

Comprehensive Immigration-Focused Resources

Professional Practices

Consular Practice

I-9 Service Center

Technology/Reporting

Government Relations

Export Control

Global Compliance

Worldwide Immigration

44


5/23

5

Industry Recognition

5

Chambers USA 2011& ChambersGlobal 2010 Highest possibleranking in immigration category

Best Lawyers Ranked #1 in theUnited States in Immigration Law

Whos Who Legal CorporateImmigration Law Firm of the Year,

2005-2011 Recognized by Legal 500

publications in the United States,United Kingdom, and Asia Pacific

Named a "Go-To Law Firm of theWorlds Leading Companies, aspublished byALM, 2005-2011

ACQ Law Awards NamedCorporate Immigration Law Firmof the Year in the United States,Australia, Singapore, and theUnited Kingdom

5


6/23

EMPLOYMENT-BASEDIMMIGRATION OVERVIEW


7/23

Big Picture

Nonimmigrant vs. Immigrant Visas Key Policy Drivers

-Family Unity

- Economic Interest- U.S. National Security

According to the US Bureau of Labor Statistics, theunemployment rate hovers around 9%

7


8/23

Principal Government Agencies

Department of Homeland Security (DHS)- U.S. Citizenship and Immigration Services (USCIS)- Customs and Border Protection (CBP)- Immigration and Customs Enforcement (ICE)

Department of Labor (DOL)- Office of Foreign Labor Certification- PERM Processing Center

Department of State (DOS)- U.S. Embassies and Consulates- Visa Office

8


9/23

Nonimmigrant (NIV) Visas

Coming to the U.S. temporarily Visas A through V Category determines:

- Permissible Activity - Procedure- Eligibility Requirements - Period of Admission

J Visas: Two-year foreign residence requirement Final Expiration relates to Green Card Initiation

9


10/23

Immigrants

Green card holders = permanent residents Family and Employment based Eligible for U.S. citizenship after 3 - 5 years Quota

10


11/23

11

Quota Retrogression As Of November 2011

Employment-Based

All Chargeability

Areas ExceptThose Listed

CHINA

Mainland BornINDIA MEXICO PHILIPPINES

1st(EB-1) C C C C C

2nd (EB-2) C 01NOV07 01NOV07 C C

3rd(EB-3) 22DEC05 22AUG04 22JUL02 22DEC05 22DEC05

11


12/23

Employment-Based Permanent Residence

3 stage process- Labor certification (where required)

filed by employer with DOL- Immigrant preference petition

filed by employer with USCIS- Adjustment of status or consular processing

filed by the foreign national & family members with USCIS or DOS 2 stage process

- By-pass Labor Certification and move directly to filing theImmigrant preference petition.

- Three Categories Outstanding Researcher Category Extraordinary Ability Category National Interest Waiver

12


13/23

2 Stage Green Card Process

By-pass Labor Certification

Categories Considered at SUNY- Extraordinary Ability Category- Outstanding Researcher/Professor Category- National Interest Waiver

13


14/23

EB-1 Extraordinary Ability

Applicant must demonstrate sustained national orinternationalacclaim and recognition forachievements in the field of expertise

Applicant must be able to provide letters verifying his/her extraordinary ability written by other notableexperts in the field of expertise

SUNY may sponsor or employee may self-petition


15/23


Must meet at least 3 of the 10 criteriabelow, or provide evidence of aone-time achievement (e.g. Nobel Prize):

1. Evidence of receipt of lesser nationally or internationally recognized prizes orawards for excellence

2. Evidence of your membership in associations in the field which demandoutstanding achievement of their members

3. Evidence of published material about you in professional or major tradepublications or other major media4. Evidence that you have been asked to judge the work of others, either individuallyor on a panel

5. Evidence of your original scientific, scholarly, artistic, athletic, or business-relatedcontributions of major significance to the field

6. Evidence of your authorship of scholarly articles in professional or major tradepublications or other major media

7. Evidence that your work has been displayed at artistic exhibitions or showcases8. Evidence of your performance of a leading or critical role in distinguishedorganizations

9. Evidence that you command a high salary or other significantly high remunerationin relation to others in the field

10. Evidence of your commercial successes in the performing arts

15


16/23


KAZARIAN v. USCIS (Sept. 2009) An exceptional theoreticalphysicist, not yet at the restrictive caliber of extraordinary.

USCIS Memorandum: Evaluation of Evidence Submitted withCertain Form I-140 Petitions (Dec. 2010)

- Two-part analysis:(1) Whether the petitioner has, by a preponderance of the evidence,

met at least three of the criteria

(2) Whether the totality of the evidencesupports a final meritsdetermination that the alien is one of that small percentage who has

risen to the very top of his or her field of endeavor, and that he or

she has sustained national or international acclaim.

- Extends analysis to Outstanding Researchers/Professors


17/23

EB-1 Outstanding Researchers/Professors

SUNY must sponsor Applicant must demonstrate internationalrecognition for

your outstanding achievements in a particular academic field

Applicant must have at least 3 years experienceinteaching or research in that academic area

Applicant must be entering the United States in order topursue tenure or tenure track teaching or comparablepermanent research position at a university or otherinstitution of higher education; or to do research work in

industry where the petitioning organization meets theregulatory criteria

Post-Doc positions do not qualify17


18/23

EB-1 Outstanding Researchers/Professors

Must meet at least 2 of the 6 criteriabelow:

Evidence of receipt of major prizes or awards for outstandingachievement

Evidence of membership in associations that require theirmembers to demonstrate outstanding achievement Evidence of published material in professional publications writtenby others about the alien's work in the academic field

Evidence of participation, either on a panel or individually, as ajudge of the work of others in the same or allied academic field

Evidence of original scientific or scholarly research contributions inthe field

Evidence of authorship of scholarly books or articles (in scholarlyjournals with international circulation) in the field

18


19/23

EB-2 National Interest Waiver (NIW)

Employee may self-petition

Requesting that the Labor Certification be waived because it isin the interest of the United States

Though the jobs that qualify for a national interest waiver arenot defined by statute, national interest waivers are usuallygranted to those who have exceptional ability and whoseemployment in the United States would greatly benefit thenational interest

19


20/23

EB-2 NIW Criteria

Employment is in an area of substantial intrinsic merit

The proposed benefit is national in scope

The significant benefit derived from this particular aliensendeavor considerably outweighs the inherent national

interest in protecting US workers through the laborcertification process

20


21/23

Immigration Home Page


22/23

Q & A

22


23/23

Thank you!

Documents

Imm Fragomen