bacc ohio - us immigration innovation act
DESCRIPTION
A presentation by the law firm of Brian J Halliday, Inc. on the US Immigration Innovation Act given to the British American Chamber of Commerce Ohio in February 2013. Reproduced and published by kind permission of the Law Offices of Brian J Halliday, Inc For more information, please visit www.baccohio.orgTRANSCRIPT
U.S. Immigration Innovation ActImmigrant Visa Implications
Warning
DO NOT TRY THIS AT HOME
Immigration Innovation Act
• The proposed legislation, if enacted, will provide several options for employment based immigrant visas:
No limits on certain immigrant visas
Removed per-country limits
Benefits for certain highly skilled workers
I ²
Dependents of employment-based immigrant visa
recipients
United States S.T.E.M. advance degree holders
Foreign nationals of extraordinary ability
Outstanding professors and researchers
Exempt from Green Card Cap
Exemptions Continued…
When a foreign national is issued an immigrant visa, his immediate family members are also issued immigrant visas, which if the new law passes, will not be counted against the Green Card cap.
U.S. advanced degree holders in science, technology, engineering, and math.
Exemptions Continued…
Advanced degree
From a U.S. College
In a S.T.E.M. area
Exemptions Continued…
First Preference EB-1 Category is divided into three sub-categories:
EB-1A – Extraordinary Ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. EXEMPT
EB-1B – Outstanding Professors and Researchers with demonstrated international recognition for outstanding achievements in a particular academic field + 3 years experience in teaching/research + job offer. EXEMPT
EB-1C – Multinational Manager or Executive employed outside the U.S. in the 3 years preceding the petition for at least 1 year by a company and must be seeking to enter the U.S. to continue service to that organization. NON-EXEMPT
The Visa Bulletin
Employment- Based
All Chargeability
Areas Except Those
Listed
CHINA- mainland born
INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15FEB08 01SEP04 C C
3rd 01MAY07 22JAN07 22NOV02 01MAY07 01SEP06
Other Workers
01MAY07 01JUL03 22NOV02 01MAY07 01SEP06
4th C C C C C
Certain Religious Workers
C C C C C
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot
Programs
C C C C C
March 2013
Employment- Based
All Chargeability
Areas Except
Those Listed
CHINA- mainland born
INDIA MEXICOPHILIPPINES
1st C C C C C
2nd C 15FEB08 01SEP04 C C
3rd 01MAY07 22JAN07 22NOV02 01MAY07 01SEP06
Other Workers
01MAY07 01JUL03 22NOV02 01MAY07 01SEP06
4th C C C C C
Certain Religious Workers
C C C C C
5th
Targeted
Employment
Areas/
Regional
Centers and
Pilot Programs
C C C C C
Proposed ChangesEliminate country limits
Eliminate EB-1A and EB-
1B
Eliminate U.S. STEM
graduates
Eliminate family members
Possible ShortcomingsAs waiting times for Indian and Chinese nationals decrease…
…waiting times for the rest of the world will increase. This will particularly hurt those with advanced degrees who currently do not have to wait.
All agencies must work together
in order for this process to work…
Identify Employee
• Employer
PERM Labor
Certification
• Department of Labor
Immigrant Petition &
GC Application
• Department of Homeland Security
DOL decides if requirements are “normal” for occupation
Employer sets job requirements, education and experience
Checks visa availability and issues GC
As more FNs get S.T.E.M. advanced degrees in U.S. universities …
and U.S. employers attempt to hire better qualified candidates…
if DOL chooses to scrutinize these applications further making labor certification very difficult, it will create a bottleneck. For example….
DOL will not certify unless reqs. are “normal” or
“necessary”
Scientists
Engineers
IT Specialis
ts
According to DOL the following occupations may only require a BA+2yrs of experience or MA w/o experience:
• Computer System
Analysts
• Software Developers
• Aerospace Engineers
• Chemical Engineers
• Materials Engineers
• Mechanical Engineers
• Electrical Engineers
• Nuclear Engineers
The Immigration Innovation Act of 2013 is a promising initiative, but it will only work if all
agencies work together towards the same goal.
ThankYou