A basic understanding of immigration law is critical to a vast array of businesses operating in today’s economy. Foreign employees and their sponsoring companies will navigate a complex maze in the attempt to achieve the desired goals of the employee maximizing their ability to provide services and value to the company. One of various determining factors as to which pathway to attempt is whether the goal is an immigrant visa (also known as a “green card”) which may ultimately allow lawful permanent residence in the United States or a non-immigrant visa. The need for foreign labor affects various industries and applies to large segments of skilled, unskilled and semi-skilled workers in jobs ranging from farm to seasonal to high-tech. This webinar explains what businesses need to know in the current environment as well as how political and globalization issues will affect immigration laws going forward. To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/immigration-law-101-2021/

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Practical and entertaining education for
attorneys, accountants, business owners and
executives, and investors.

4. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial, or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
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5. Meet the Faculty
MODERATOR:
Chris Cahill - Sugar Felsenthal Grais & Helsinger LLP
PANELISTS:
Maureen Murat - Crowdie Advisors, LLC
Christina Coleman - RC Immigration
Fiona McEntee - McEntee Law Group
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6. About This Webinar
Immigration Law-101
A basic understanding of immigration law is critical to a vast array of businesses operating in
today’s economy. Foreign employees and their sponsoring companies will navigate a
complex maze in the attempt to achieve the desired goals of the employee maximizing their
ability to provide services and value to the company. One of various determining factors as to
which pathway to attempt is whether the goal is an immigrant visa (also known as a “green
card”) which may ultimately allow lawful permanent residence in the United States or a non-
immigrant visa. The need for foreign labor affects various industries and applies to large
segments of skilled, unskilled and semi-skilled workers in jobs ranging from farm to seasonal
to high-tech. This webinar explains what businesses need to know in the current environment
as well as how political and globalization issues will affect immigration laws going forward.
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7. About This Series
Cross-Training for Business Lawyers
Looking to strengthen and condition your cross-disciplinary skills? Develop your flexibility by
increasing your familiarity with issues affecting a vast array of businesses? This series delves
into cutting edge issues in dynamic fields to help the audience understand (i) the role of local
land-use and zoning laws in property use and development; (ii) the reliance on credit
insurance by businesses to protect against non-payment of commercial debt, (iii) the use,
types and perceived benefits of employee stock ownership plans, and (iv) the complex maze
employers and employees must navigate in the quest for immigrant or non-immigrant visa
status for workers. These issues may present themselves in any number of contexts,
regardless of how you spend most of your working hours.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
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8. Episodes in this Series
#1: ESOPs-101
Premiere date: 4/8/21
#2: Immigration Law-101
Premiere date: 5/6/21
#3: Zoning & Land Use-101
Premiere date: 6/3/21
#4: Credit Insurance-101
Premiere date: 7/8/21
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9. Episode #2
Immigration Law-101
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10. Two Kinds of Employment-Based Visas
• Non-immigrant visas
- Serve temporary employer needs
- Are not a path to a green card
- Require showing of non-immigrant intent
- Upon the expiration date, the worker must return home
• Immigrant Visas
- Are a path to lawful permanent residency (or “green card”) and citizenship
- Serve long-term (or permanent) employer needs
- Imply a larger investment in the employee
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11. H-1B Visas
• Allows a foreign national to accept temporary professional assignment in U.S. in a
“special occupation”
- The position typically must require a bachelor’s degree, at minimum
- The foreign national’s education must fit the position
• Requires a Labor Condition Application (“LCA”) to be approved
• Valid for up to 3 years
- Can be renewed for an additional 3 years, followed by 1 year away
- After that, can be renewed only under portability protections
• Allows for dual intent (temporary presence plus intent to seek permanent status)
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12. H-1B Visa (before 2020)
• 85,000 H-1B Visas available annually (per fiscal year); 20,000 set aside for U.S. Master’s
Degree or Higher
- If cap is met within the first 5 days (it usually is), then USCIS runs lottery
- More denials and more overrulings of denials during Trump administration:
* Denials of new H-1B petitions for initial employment rose from 6 percent in
FY 2015 to 21 percent in FY 2019
* Denials for petitions for continuing employment stood at 12 percent in FY
2019—up from just 3 percent in FY 2015
* USCIS overruled Service Center denials: 14 percent in FY 2018 and FY
2019, compared to only 3 percent from FY 2014 to FY 2017
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13. H-1B (starting in 2020)
In 2020, USCIS changed to a registration process for visa numbers available in FY 2021
(beginning Oct. 1, 2020), to lower burden on U.S. employers and the agency from requiring
employers to submit H-1B petitions and supporting documentation pre-registration
USCIS established the first registration period from 12 noon ET on March 1 through 12 noon
ET on March 20, 2020, during which a U.S. employer must register electronically for each
foreign national for whom the employer intends to file an H-1B petition [the registration
includes less detail than an H-1B petition]
* If USCIS receives more registrations than there are visa numbers available: lottery
* U.S. employer has at least 90 days to file its H-1B petition
* Roughly 275,000 registrations were submitted during the 2020 registration period
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14. H2B - Visas
• Allows citizens of certain named countries to accept temporary non-agricultural
employment in the U.S. after the approval of employer’s temporary labor certification
- Labor Cert. requires demonstration that there are insufficient willing and qualified
and available U.S. workers top do the temporary work
- The prospective employees must be nationals of H-2B-eleigible nation
- Employing H-2B workers will not harm wages or working conditions of similar US
workers
- Need for workers is TEMPORARY (one-time occurrence or seasonal) May be
professional, skilled or unskilled
Most common: landscapers, laborers, hotel cleaners, housekeepers, cooks and
construction workers
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15. H2B - Visas
• Annual quota of 66,000 H-2B visas
• Valid up to 1 year (3 years only in rare situations)
- Must remain outside U.S. for 3 months to become eligible again
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16. H-3 Visas
• Allows foreign nationals to receive training in the U.S., so long as:
- The training is not available in the home country
- The training will help in pursuit of a career outside of the U.S.;
- The trainee’s job is not in the normal operations of the U.S. business.
- Training may be in any field including but not limited to: agriculture, commerce,
communications, finance, government, transportation, and other professions
- 2 years total, no extensions or recapture
- Training may be for special education of disabled children (max. 18 mos.)
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17. L-1 Visas (Intra-company Transfers)
• Allows for the intra-company transfer of employees of foreign entities to a U.S. affiliate
• Executive or managerial (L-1A)
- 3 initial years, then 2 extensions of 2 years for a total of 7 years
• Specialized knowledge employees (L-1B)
- 3 initial years, then 1 extension of 2 years for a total of 5 years
Blanket L Petitions available to larger employers, allowing them to transfer eligible
employees to the United States quickly and with short notice without having to file an
individual petition with USCIS
• Dual intent permitted
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18. L-1 Visas (Intracompany Transfers)
• Must have been continuously employed full-time by the company in an executive,
managerial, or specialized knowledge capacity for at least 1 year in the preceding 3
years
• NOTE: L-1A is an easier path to EB-1 green card
L-Bs generally would need to go EB-3 route to green card
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19. O-1 Visas
• For foreign nationals who have demonstrated extraordinary ability in the sciences,
education, business, athletics, arts, or motion picture/television industries to come to U.S.
and work temporarily in their fields
- Sustained national or international acclaim
- A demonstrated record of extraordinary achievement (TV and film)
• Valid up to 3 years with indefinite extensions; no quota
• Can be used in the employment context
- Better than an H-1B (path to EB-1, avoid cap, extend forever)
• Must be coming to work in field of endeavor
• Must be coming for an “event” (no freelancing), although employment can be the event.
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20. O-1 Standard
• Either:
Evidence of one major, internationally recognized award, such as a Noble Prize, major league
MVP, Oscar, Grammy;
• Or:
•Meet three of the ten regulatory factors:
- A lesser award or national or international significance
- Membership in a professional association that requires outstanding achievement
- Published material in professional or major trade publications or major media
regarding the individual’s work or achievements
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21. O-1 Standard
- Served as a judge of the work of others
- Evidence of the individual’s original scientific, scholarly, or business-related
contributions of major significance in the field
- Evidence of authorship of scholarly articles in the field, professional journals or major
media
- Employed in a critical capacity for organizations or establishments that have a
distinguished reputation
- Command a high salary or other remuneration
(different standard for arts, television and film)
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22. P Visas
• Generally for athletes and entertainment groups
• P-1 allows foreign nationals who have earned international recognition to visit the U.S.
temporarily in order to compete in an athletic event (e.g., the Olympics) or a performance
(e.g., Burning Man -- ugh)
• P-2 is for reciprocal exchange of entertainment groups
• P-3 is for culturally unique performances (e.g., The HU)
• Athletes can get an initial 5 years with one 5-year extension
- Otherwise, it is the time necessary for the event or one year, whichever is less (with
extensions for longer term events)
• No annual limit or/quota
• Dual intent not prohibited, but not expressly allowed (foreign residency requirement)
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23. E-1 Treaty Traders
• Allows a national of a treaty country [with which the US is a party to traty of trade or
navigation]to be admitted solely to engage in international trade on his or her own behalf
• Requirements:
- Be a national of a treaty country;
- Carry on substantial trade, which is:
 The continuous flow of sizeable international trade items, involving numerous
transactions over time; and
 No minimum requirement for volume or monetary value, although higher
value leads to greater substantial trade.
- Carry on principal trade between the U.S. and the treaty country.
 At least 50% of trade is between the treaty country and the U.S.

24. E-1 Treaty Traders
• Nuances:
* Must be an employee with either (i) executive or supervisory role or (ii) an employee
with special qualifications
* Initial stay of 2 years, with an indefinite number of 2-year extensions available
* All E-1 non-immigrants, however, must maintain an intention to depart the United
States when their status expires or is terminated

25. Visas for Members of a Certain Country
• E-3 Visas
- Essentially H-1B visas for Australian nationals only
- Not expressly dual intent (but not expressly not dual intent)
• H-1B1
- Special allotment (6,800) of H-1Bs for Chile and Singapore
- Initially 1-year, but can be renewed indefinitely in 1-year increments
• TN Visas
- Essentially H-1B visas for Mexican and Canadian nationals
 However, must be a business professional
- Valid up to 3 years, and may (technically) be renewed indefinitely
- Nonimmigrant intent and expressly no dual intent

26. Other Visas to be Aware of
• B-1/-2 visas (business or pleasure, respectively)
- Short trips, up to 6 months
- Not a work visa, but limited employment-type activities are permitted
- Visa Waiver Program
• F-1 visas (student visas)
• J-1 visas (“exchange visitors” to receive training or internships)
- Non-immigrant intent, foreign degree or employment experience
- 18 months for trainees and 12 months for interns
- 2-year foreign residence requirement (for LPR, H or L status)

27. Employment-Based Immigration Visas (“Green Cards”)
• EB-2/EB-3 [Labor Certification Applications (“Labor Cert” or “PERM”)]
- Prevailing wage determination
- Recruitment
 Mandatory: 30-day job offer through SWA, print, Notice of Filing
 Supplemental: job fair, on-campus, company website, trade journal, job
search website, etc.
 Quiet Period
- Form 9089 to Department of Labor
- Form I-140 to USCIS
- Form I-485 to USCIS

28. Employment-Based Immigration Visas (“Green Cards”)
• Visa Bulletins
- Per Country Limitations
- Preference system
 EB-2 (advanced degree or 5+ years of progressive experience OR
exceptional ability) v. EB-3
- Portability
• Nuances
- Hope to fail
 Unqualified, unable or unwilling/unavailable
- No tailoring
- Audit file

29. EB-1 Visas
• No requirement to test labor market (i.e., the Labor Cert process)
• Forms:
- Individuals with extraordinary ability
 Similar to O-1 visa, but more stringent
 “A level of expertise indicating that the individual is one of that small
percentage who have risen to the very top of the field of endeavor.”
 Allows for self-petitioning

30. EB-1 Visas
- Outstanding professors or researchers
 “Recognized internationally as outstanding in a specific academic area”
 No self-petitioning; must be accompanied by a job offer
 Must have at least 3 years of experience teaching or researching
- Multinational managers and executives
 These are your L-1A visa holders
 Not for L-1Bs

31. NIV Investment Visa Options
• E-2 Treaty Investors
- Nonimmigrant visa
- Allows a national of a treaty country to be admitted to the U.S. when investing a
substantial amount of capital in a U.S. business.
• Requires:
- Be a national of a treaty country;
- Have invested, or be in the process of investing, a substantial amount of capital in a
bona fide investment enterprise; and

32. NIV Investment Visa Options
• Substantial in relationship to the total cost of either purchasing an established enterprise
or starting a new one
• Sufficient to ensure the investor’s commitment to the successful operation of the
enterprise; and/or
• Of a magnitude to support the likelihood that the treaty investor will successfully develop
and direct the enterprise.

33. NIV Investment Visa Options
- Be seeking to enter the U.S. solely to develop and direct the investment.
 50% ownership control OR possession of operational control through
managerial position or other corporate device.
• Nuances:
- The business must be owned at least 50% by persons with the treaty countries
nationality
- Assets committed and irrevocable
- Must provide more than just making you a living; must have significant economic
impact in the U.S.
- Also available to non-investing employees if certain conditions are met.

34. IV Investment Visa Options
• EB-5
- Immigrant visa (“green card”)
- Used frequently in the real estate investment context
• Investment + job creation = green card
- Make the necessary investment in a commercial enterprise in the U.S.; and
- Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

35. IV Investment Visa Options
• Monetary thresholds:
- $500,000 in targeted employment areas (“TEAs”)’ or
 Rural Area: locations are both outside of Metropolitan Statistical Areas
(“MSAs”) AND outside of towns of 20,000 persons.
 High Unemployment Areas: areas where local unemployment is at least
150% of the national average
- $1,000,000 elsewhere.

36. IV Investment Visa Options
• Kinds of Investment
- Direct Investment: invest directly in a new enterprise
- Regional Center investment: give money to an approved regional center for
investment
• Job Creation “Exception”
- Non-Regional Center Cases: must show job creation for actual persons (I-9s, W-2s,
etc.)
- Regional Center Cases: can show the creation of jobs for theoretical persons (use
economic multipliers (“models”) or other “reasonable methodologies”

37. IV Investment Visa Options
• 2-Step Process
- Like marriage green cards, the initial green card is conditional for 2 years.
- After 2 years, must request “removal of conditions” by showing that you fulfilled your
promise of investment, job creation, etc.
• Team Effort
- Immigration attorney runs point; assures that investment is structured to fit within
EB-5
- Joined by entrepreneurs to run the project, corporate/securities counsel to assure
compliance, economists, business plan drafters, migration agents, and others

38. National Interest Waivers
• Allows certain individuals to enter the EB-2 preference category if it is in the interest of
the United States.
- Not defined by statute; exceptional ability OR whose employment in the United
States would greatly benefit the nation.
• Three-Prong Test (Dhanasar v. NYSDOT):
- The foreign national’s proposed endeavor has both substantial merit and national
importance;
- The foreign national is well-positioned to advance the proposed endeavor; and
- On balance, it would be beneficial to the United States to waive the requirements of
a job offer and, thus, the labor certification requirement

39. National Interest Waivers
• Factors to consider in determining what is in the “national interest:”
- Whether the American economy will benefit from the individual’s admission
- Whether the alien will help improve health care
- Whether a U.S. government agency has specifically requested that the individual be
admitted
- Whether the individual’s admission will improve training and educational programs
benefiting U.S. under-qualified workers and children
- Whether the individual’s admission will help create more affordable housing
solutions for the poor, elderly, or children
- Whether the individual’s admission will improve the environment and lead to better
usage of natural resources
- Whether the individual’s admission will improve the working conditions and wages of
U.S. workers

40. Physician NIW Petitions
• On November 12, 1999, President Clinton approved enactment of the Nursing Relief for
Disadvantaged Areas Act (“Nursing Relief Act”).
• Special rule for NIW physicians:
- Agree to work full-time for a 5-year period;
- Work in one of the enumerated specialties (family/general medicine, pediatrics,
general internal medicine, obstetrics/gynecology and psychiatry);
- Serve in an underserved area; and
- Obtain a determination from a federal agency or a state department of health that
has knowledge of the physician’s qualifications, stating that his/her work is in the
public interest.
• Special rule

41. About the Faculty
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42. About The Faculty
Chris Cahill - CCahill@sfgh.com
Mr. Cahill is partner at Sugar Felsenthal Grais & Helsinger LLP, in Chicago, Illinois. He guides
secured lenders, creditors, debtors, creditors’ committees, potential purchasers and others
through bankruptcy cases, out-of-court workouts, assignments for the benefit of creditors, and
receiverships. Mr. Cahill has substantial mega-case experience representing very large
debtors, and counsels and litigates on behalf of manufacturers and secured lenders in large
and middle-market cases. Mr. Cahill also publishes frequently and speaks regularly on
commercial insolvency issues. For example, he is an executive editor of Commercial
Bankruptcy Litigation, 2d Edition (Jonathan P. Friedland, Elizabeth Vandesteeg & Christopher
M. Cahill eds., 2020).
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43. About The Faculty
Maureen Murat - maureen@crowdieadvisors.com
Maureen L. Murat is an Assistant General Counsel with the D.C. Department of Insurance, Securities and
Banking where she provides legal advice and guidance on regulatory matters relating to banking, finance
and fintech. Maureen is an Adjunct Professor at the University of New Hampshire, Franklin Pierce School
of Law, where she teaches Tokenomics and Cryptocurrency Regulations and Smart Cities, Smart
Government. She is also a summer instructor at Columbia University, School of Professional Studies and
teaches in the courses: Blockchain, Cryptocurrencies, AI and Beyond; Understanding Blockchain, AI and
Machine Learning. In her spare time, Maureen serves as principal of Crowdie Advisors, LLC, a business
consulting firm dedicated to helping entrepreneurs and small businesses form business entities, transact
business (strategy, planning and problem-solving), and obtain financing via equity crowdfunding. She is a
partner with Axes and Eggs, a blockchain think tank and digital advisory firm that focuses on blockchain
consulting, education courses for executives and digital advisory services.
Find more information about Maureen on LinkedIn, https://www.linkedin.com/in/maureen-l-murat-esq/
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44. About The Faculty
Christina Coleman - ccoleman@rcimmigrationgroup.com
Christina is the founder and owner of RC Immigration, a boutique law firm focusing exclusively on U.S.
immigration issues. RC Immigration works with corporate decision-makers and HR professionals at all
levels and across a range of industries to address their immigration needs. Christina also represents
foreign investors, with particular emphasis on assisting European interests in the United States through
the E-1 and E-2 visa process. In addition, she guides individuals and their families in obtaining visas,
permanent resident status, and citizenship. An immigrant herself, Christina understands the importance of
delivering personalized, responsive counsel to her clients. Previously, she practiced as a litigator at Sidley
Austin, where she defended clients in complex federal and state litigation, including multi-district litigation.
Christina earned her J.D. at Loyola University of Chicago Law School, where she graduated magna cum
laude. In addition, she holds a Master of Philosophy Degree in Medieval Studies from Yale University, a
Master of Arts Degree in English Literature from McGill University, and a Bachelor of Arts Degree in
French and English Literature from Dalhousie University. She has significant experience working with
students, and has served an Adjunct Faculty member at the DePaul College of Law. Originally from
Canada, Christina originally came to the U.S. in F-1 student status, and naturalized in 2006.
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45. About The Faculty
Fiona McEntee - fiona@mcenteelaw.com
Fiona McEntee is the Founding & Managing Attorney of McEntee Law Group.
Fiona first moved to Chicago from Dublin, Ireland, back in 2002, as an international exchange student at
DePaul University's College of Law. Having fallen in love with Chicago, she returned to study at Chicago-
Kent College of Law, where she received her Juris Doctor in 2007. Fiona and her team of passionate
advocates represent individuals and families, as well as the world’s leading musicians, artists, athletes,
innovative entrepreneurs, and multinational and U.S. companies. They counsel their clients on the ever-
changing immigration policies and help them achieve the American Dream. Fiona is the Chair of the
Media & Advocacy Committee for the American Immigration Lawyers Association (AILA), the bar
association of over 15,000 immigration lawyers. As a national spokesperson for AILA, Fiona is regularly
tapped for her immigration thought-leadership by major media outlets including MSNBC, BBC, CNN.com,
The New York Times, Politico, Chicago Tribune, Irish Central, Irish Times, & RTÉ.
To read more, go to: https://www.financialpoise.com/financial-poise-faculty/fiona-mcentee/
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46. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
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47. About Financial Poise
47
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