1.
Jason Finkelman, Immigration Attorney
jason@finkelmanlaw.com
www.FinkelmanLaw.com
@FinkelmanLaw
Navigating Immigration:
Hiring Current Visa Holders
1

2.
Global Talent Landscape
48% of U.S. Employers Report Difficulty Filling Jobs
For 5th Consecutive Year, Skilled Trade Positions Are
The Hardest Jobs to Fill
63% of Employers Say Sourcing Foreign National
Employees is Extremely or Very Important to Their
Talent Acquisition Strategy
Employers Utilizing Immigration as a Talent
Management Tool

3.
Foreign Professionals on H-1B Visas
H-1B Visa Portability
60-Day “Grace Period” of Unemployment
Visa Extensions Beyond 6 Years

4.
Other Employment-Authorized Foreign Nationals
12 Months
Work
Authorization
for Student
Graduates
DACA
Beneficiaries
with EAD
Extraordinary
ability in the
arts, science,
business, etc.
Mexican &
Canadian
professionals in
limited occupations
Spouses of L, E, J
visa holders
OPT DACA O-1 TN
Spousal
EAD

5.
Concerns
Unpredictability in
Decision Making
Termination of Some
Work Authorization
Programs (H-4,
DACA)
Increased Processing
Times
Increased Visa
Scrutiny

6.
Employment-Based Green Card Phases
USCIS now requires an in-person interview for employment-based ‘Green Cards’
Employer
recruitment for U.S.
worker
PERM
DOL certifies no
U.S. workers
Labor
Certificatio
n
Employer files
Immigrant Petition
I-140
DOS notifies of
‘Green Card’
availability
Visa Bulletin
Wait
Employee files for
‘Green Card’
Green Card
Employment-Based Green Card Interview

7.
Hiring Candidates Already in the Green Card
Process
New Employer May Use An Employee’s
“Priority Date” From Prior Sponsorship1
2
3
New Employer May Be Eligible to Bypass
Labor Certification if Employee is in
‘Adjustment of Status’ Phase
H-1B Extensions Vs. EAD Cards

8.
Have An Immigration Question?
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jason@finkelmanlaw.com
Finkelman Immigration Law Firm