1 of 21

WORKFORCE: PATHS TO WORK PERMIT AND US CITIZENSHIP�Dana R. Bucin�Attorney – International and Immigration Law� Tel: (860) 240-6081�Email: dbucin@murthalaw.com�

*DISCLAIMER*

This presentation is not intended to provide, nor does it provide, any legal advice. By viewing this presentation you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the presentation. Should you need legal advice, please contact a licensed attorney who practices Immigration Law. Readers of this presentation and the information contained herein should not act upon any information contained on this presentation without seeking legal counsel.

2 of 21

Attorney Profile�Dana Roxana Bucin

Practice Areas: Immigration Law (Business, Family, and Humanitarian-based), International Business Law
Education: Boston University School of Law (J.D.); Ohio Wesleyan University (B.A., summa cum laude, Phi Beta Kappa)
Founder, CT for Ukraine Refugee Matching Program (ctukraine.org)
Professional Recognition: Distinguished Leader 2023, Attorney of the Year 2019, CT’s 40 under 40, Top 100 Romanians Worldwide, Honorary Consul of Romania to CT, SuperLawyer 2018, 2017, 2016, 2013, New Leaders in the Law 2012, Women in the Law High Achievers 2010, 40 under Forty 2009
Languages: Romanian, English, French and Spanish; Basic Italian, German, Hungarian, Ukrainian/ Russian and Latin

3 of 21

Introduction to Immigration

General Immigration Categories

Business/ Employment
Family
Humanitarian: Asylum/ Refugee Status
Diversity Visa Lottery
Other (VAWA, Cancellation of Removal, NACARA, Cuban Adjustment)

4 of 21

“Typical” Path to Citizenship

LEGAL: Non-Immigrant Visa

(F-1/CPT/ OPT H-1B)

↓

Green Card (Permanent Residence) via Employment or Family etc

↓

Citizenship through Naturalization

5 of 21

“Undocumented” Path to US Citizenship

UNDOCUMENTED: EWI/ Parole at Border vs. Visa Overstay

↓ ↓ ↓

Undetected Removal & Relief TPS/U4U+,

(No status) (Asylum, 42B) U,I601A,PIP

↓ ↓

Green Card (Permanent Residence)

↓

Citizenship through Naturalization

6 of 21

Key Message

Licensed, ethical, competent, creative, caring and well-staffed immigration legal counsel is essential

Avvo.com

7 of 21

Key Message

The Legal Immigration System Has Been Deficient for Decades, i.e. Insufficient to Match Demand with Supply of Labor

8 of 21

Key Message

Backlogs and Bureaucracy in immigration applications aggravate a broken immigration system

9 of 21

Visa Options Foreign Students/ Professionals/Entrepreneurs

Non-Immigrant Visas: F-1 with CPT/ OPT J-1 Visa with Academic Training H-1B Professional Workers TN Visa for Mexicans/ Canadians L-1 Multi-National Managers or Executives E Treaty Investors or Traders O-1 Extraordinary Ability Green Card: EB-1 Extraordinary Ability EB-1 Outstanding Professors and Researchers EB-1 Multi-National Managers or Executives EB-2 National Interest Waiver EB-2 Advanced Degree EB-3 Professional Worker EB-5 Immigrant Investor Program

10 of 21

H-1B Visa

The job requires a Bachelor’s degree (or higher) in the occupational area is required for the position Apply: every March lottery registration; submission within 90 days of lottery winners announcement (April 1) Start date: following October 1 OPT Cap Gap Prevailing wage requirements 30/ 60 day grace period

11 of 21

H-1B Visa (cont’d)�

H-1B cap of 65,000 per fiscal year + 20,000 for advanced degrees THE TRAGEDY: April 1, 2023: 780,884; April 1, 2024: 470,342 H-1B petitions for 85,000 available H-1B visas Maximum period of stay is 6 years – extensions available if I-140 approved (Indians and Chinese) H-1B1 – Singaporean and Chilean nationals only – per Treaties (annual cap never reached) H-1B for founders and co-founders where there is an independent Board and thus can prove employer-employee relationship

12 of 21

H-1B Visa Cap Exempt�

Unlimited H-1B at any time around the year Working FOR a “cap exempt institution”: university or affiliated entity or nonprofit research organization or governmental research institution Working AT a university, for a private company on university premises on collaborative projects that further the fundamental mission of the university \, ex: Uconn TIP; UMass GEIR program; many university incubators/ accelerators/ R&D spaces H-1B concurrent employment: university and private employer Advocacy CT: GEIR H-1B cap-exempt zones

13 of 21

�Questions Employers May Legally �Ask Before Hiring �

1. Are you legally authorized to work in the United States? 2. Will you now or in the future require sponsorship to work for our company? NOT: What is your citizenship? Do you have a green card? What type of immigration papers do you have?

14 of 21

Immigrant (Permanent) Visa

Also called the “Green Card” or “Permanent Residence” Priorities and Preferences: EB-5 means Employment-Based 5^th preference category (for employment creators)

15 of 21

Employment Immigrant Preferences

Persons of Extraordinary Ability, Outstanding Professors and Researchers, Multinational Executives and Managers Members of the Professions Holding Advanced Degrees (including National Interest Waiver) or Persons of Exceptional Ability Skilled Workers, Professionals and Other Workers Certain Special Immigrants: religious workers, NATO employees, etc Employment Creators: investors

16 of 21

Family Immigration Preferences

Immediate Relatives of USCs: Spouses, Minor Children (under 21) and Parents 1. Unmarried Sons and Daughters of Citizens 2. Spouses and Children, Unmarried Sons and Daughters of Permanent Residents A. Spouses and Children B. Unmarried Sons and Daughters (21 years of age or older) 3. Married Sons and Daughters of Citizens 4. Brothers and Sisters of Adult Citizens

17 of 21

Why Don’t They Stay in Line?

Family-�Sponsored	All Chargeability �Areas Except�Those Listed	CHINA-mainland �born	INDIA	MEXICO	PHILIPPINES
F1	08FEB15�	08FEB15	08FEB15	01MAY01	01MAR12
F2A	22JUN20	22JUN20	22JUN20	15JUN20	22JUN20
F2B	22NOV15	22NOV15	22NOV15	22OCT03	22OCT11
F3	01OCT09	01OCT09	01OCT09	08SEP98	08JUN02
F4	08JUN07	08JUN07	15DEC05	15OCT00	15JUN03

18 of 21

Legalization Paths for Undocumented

Provisional Waiver (Forgiveness) – I-601A Deferred Action for Minors (DACA) now access to NIV Non-Immigrant Visa + Non-Immigrant Waiver The Fairness for Legal Immigrant Families Act (245i) Cancellation of Removal (42B) Abused Spouses, Children, and Parents of US citizens/ LPRs (VAWA) Victims of human trafficking & other crimes (T & U visas and adjustment) Cuban Adjustment Asylum (within 1 year)/ Convention Against Torture/ Withholding of Removal Special Immigrant Juvenile Parole in Place (PIP): Military & Biden

19 of 21

Prepare for Immigration Reform/ Relief from Deportation

No criminal record Do not commit fraud (e.g., do not use someone else's Social Security or lie about being a U.S. citizen) Pay taxes using individual tax payer ITIN # Learn English and U.S. Civics Establish good moral character: register with the Church, do community service Save money to cover the cost of the application, attorney and fines that the government may require

20 of 21

LexMundi Affiliation

LexMundi Law Firms WorldWide With offices in 100+ countries throughout Asia, Africa, Australia and New Zealand, Canada, Europe, Latin America and the Caribbean, and the United States Assistance with foreign country expertise: currency controls, proving sources of funds, obtaining challenging documentation

21 of 21

The End

Thank You

Hartford

280 Trumbull Street, 12^th Fl

Hartford, CT 06103

Tel. 860-240-6081

Boston

33 Arch Street

12^th Floor

Boston, MA 02110

Tel. 860-240-6081

New Haven

265 Church Street

9^th Floor

New Haven, CT 06510

Tel. 860-240-6081

Stamford

107 Elm Street

11^th Floor

Stamford, CT 06902

Tel. 860-240-6081