Immigration Pathways for

International Graduates
USC Career Center Presents
Bernard Wolfsdorf, Partner
WR Immigration
February 19, 2025, 2-3:30 pm

Copyright © 2025 Wolfsdorf Rosenthal LLP (WR Immigration). All rights reserved.
Legal Disclaimer

• This does not constitute legal advice

• For informational purposes only
• For legal opinions or questions pertaining to your specific case,
please schedule a consultation with one of our attorneys or
contact your WR Immigration case team

www.wolfsdorf.com | [email protected]

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Presenter

Bernard Wolfsdorf
Managing Partner
WR Immigration

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Journey Forward
with WR Immigration
Award Winning
WR Immigration’s mission is to provide clients International recognition for the firm, 14 attorneys
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with the best experience through strategic contributing members of NAFSA and AILA
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and inclusive collaboration We have the scale to provide global support

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experience and compassionate counsel

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Discussion Topics

• Work Visa/Status Options

• Immigrant Visas (Green Card)

• Questions

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 Work Visas

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H-1B Visa
• Job must require at least a bachelor’s degree in a specific field to perform the job
(e.g., Accountant, Electrical Engineer, Lawyer, etc.)

• Employer-specific

• Can be for part-time employment

• Size of employer is not a barrier

• 6 year maximum; granted in 3-year increments

• 60-day grace period if terminated

• Portability – can change H-1B employers by filing change of employer petition

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H-1B Quota
• Only for those who have never held H-1B

• Fiscal Year (FY) October 1 to September 30

• H-1B Quota/CAP – private employers

• 65,000 per fiscal year

▪5,400 Singapore

▪1,400 Chile

o Additional 20,000 for U.S. graduates with Master’s or higher degrees

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Timeline for H-1B CAP Cases
Timeline Step

February 2025 Initiate H-1B sponsorship process

March 7-24, 2025 (selection March 25-31) Register H-1B sponsored foreign nationals

April 1, 2025
File petitions for those selected in the H-1B lottery
90-day filing window opens

On or after October 1, 2025 Onboard approved H-1B workers

***Premium Processing – initial adjudication in 15 calendar days may or may not be available.

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H-1B CAP Lottery
• Lottery: 2024 – 25.64% general and Master’s CAP selection rate about 15% higher!

• Electronic registration submission in March 2025

• Random lottery for general 65,000 lottery pool

• Unselected U.S. Master’s degree holders then placed in 20,000-lottery pool

• Employer has 90 days to file petition for lottery “winners”

• All registrants will remain in the USCIS registration system and remain in
consideration for selection in the event that by October 31, there are not sufficient
H-1B CAP petitions to meet the 85,000 annual quota

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H-1B CAP-GAP Relief

CAP-GAP PERIOD:
OPT ends
File H-1B August 2025 to September
July 2025
April 1, 2025 2025
OPT starts
July 2024 • CAP-GAP is only available upon filing of H-1B petition, not upon H-1B electronic registration
Graduation
June 2024 • If OPT expires after H-1B filed, CAP-GAP relief until September 30

• If OPT expires before H-1B filing window, must stop working, but can remain if H-1B filed
within 60-day grace period

• If OPT expires in July 2025 and not selected, can look at re-enrolling in school, moving to
another status or departing before September 2025 grace period ends

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The CAP has been met, now what?
• H-1B for CAP-exempt organizations

• Institutions of higher education, i.e., universities and colleges

o Non-profit organization affiliated with institute of higher education
o Non-profit research organization
o Government research organization
• CAP-exempt employer to cap-subject employer (university to private industry)
o H-1B CAP subject (never been counted)

o Need to enter H-1B registration period

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H-1Bs for Start-Up Business

• Employer-employee relationship
• Company technically can be 100% owned by H-1B employee – may be difficult
to show employer-employee relationship, so minority ownership is best
• Must be W-2 employee
• Company must be wholly separate entity from owner/employee
• Independent Board of Directors or other mechanism to show employee does
not have control over company and can be fired

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Free Trade Agreement Visas

• Requires professional occupation and degree

• H-1B1s for Chile and Singapore – 18 months
• TN visas for Canadians and Mexicans:
o Check TN Appendix 1603.D.1
o Canadians can apply at border or airport; Mexicans apply for visa at U.S.
Consulate in Mexico
• E-3 visas for Australian professionals

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Dependent Work Authorization

• H-4 EAD
o Based on spouse’s H-1B status and backlogged green card process
o Valid for length of H-4 status
o Renewable based on H-1B extensions
• L-2D/E-1/2/3-D/J-2 EAD
o Based on spouse’s L-1 or E status
o Work permit no longer required but advised to apply now

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J-1 Subject?
• Cannot apply for H-1B or green card until home for two years or receive waiver

• Waiver options:
o No-objection statement from home government
o Interested Government Agency: IGA

o Claim to Persecution if you return to your home country

o Claim of exceptional hardship to U.S. citizen or permanent resident spouse/child if
required to return to home country
o Request from state public health department (or equivalent) (only applies to
foreign medical graduates)

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O-1 Visas
O-1 Alien of Extraordinary Ability in Arts, Science, Business, Education or
Sports

• Extensive documentation demonstrating the applicant’s accomplishments,

such as awards, high salary, press articles about the applicant, reference
letters and/or holding critical position with distinguished companies, is
required

• O-1 start ups

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 Immigrant Visas
(Green Cards)

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Why You Should Start Thinking
Now About a Green Card

• Possible layoffs and job insecurity

• Multiple paths for you to seek a green card yourself without employer sponsorship:
o Diversity Lottery
o Family-Based
o Employment & Investor EB-1A/EB-2 NIW/EB-3 (& EB-5 investor-popular with
Chinese & Indian because of waiting lines)

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Immigrant Visa (“Green Card”)
Options

• DV Green Card Lottery - https://travel.state.gov/content/travel.html

• Diversity Immigrant Visa Program – aka DV lottery

• Over 50,000+ green cards – APPLY!!!

• Free registration period is October - November each year

• Countries who have sent more than 50,000 immigrants to the U.S. over the past 5 years are
not eligible (changes every year): Canada, China, India, Mexico, Philippines, etc.

• Based on country of birth of applicant, or spouse. Can cross charge to spouse’s country

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Family-Based Immigrant Visas

• Immediate relative: spouse, parent, minor children of U.S. citizens (under 21)

• Immediate benefits – work permit and travel document within about 6-8 months

• 12–24 month approx. processing

• Conditional 2-year green card (marriage cases)

• Adult child must be 21 years and U.S. domiciled to sponsor parents

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Visa Bulletin

• U.S. limits the number of employment-based

Visa immigrant visas (green cards) issued each year
Bulletin
• Limits number of green cards issued under each
preference category and country of birth

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Visa Bulletin March 2025 | Family-Based

A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

All Chargeability
Family- CHINA-mainland
Areas Except INDIA MEXICO PHILIPPINES
Sponsored born
Those Listed

F1 22NOV15 22NOV15 22NOV15 22NOV04 08MAR12

F2A 01JAN22 01JAN22 01JAN22 15MAY21 01JAN22

F2B 22MAY16 22MAY16 22MAY16 01JUL05 22OCT11

F3 01JUL10 01JUL10 01JUL10 22NOV00 22JAN03

F4 01AUG07 01AUG07 08 APR06 01MAR01 15OCT04

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 Visa Bulletin March 2025 | Employment-Based
A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

All Chargeability CHINA-

Employment-
Areas Except mainland INDIA MEXICO PHILIPPINES
based
Those Listed born
1st C 08NOV22 01FEB22 C C
2nd 15MAY23 08MAY20 01DEC12 15MAY23 15MAY23
3rd 01DEC22 01AUG20 01FEB13 01DEC22 01DEC22
Other Workers 01FEB21 01JAN17 01FEB13 01FEB21 01AUG19
4th 01AUG19 01AUG19 01AUG19 01AUG19 01AUG19
01AUG19 01AUG19 01AUG19 01AUG19 01AUG19
Certain Religious Workers

5th Unreserved
C 15JUL16 01JAN22 C C
(including C5, T5, I5, R5)
5th Set Aside:
C C C C C
Rural (20%)

5th Set Aside:

C C C C C
High Unemployment (10%)

5th Set Aside:

C C C C C
Infrastructure (2%)

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Employment-Based Immigrant
Visas – First Preference (EB-1)
Extraordinary Ability (EB-1A)
• May self-sponsor
• Must meet certain criteria and final merits determination
Outstanding Researchers/Professors (EB-1B)
• International recognition for outstanding achievements
• 3 years experience in teaching/research
• Requires sponsor
Multinational Executives and Managers (EB-1C)
• Must be manager/executive overseas and in the U.S. for one year in past 3 years

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Employment-Based Immigrant
Visas – First Preference (EB-1A)
• Lesser nationally or internationally recognized prizes or awards for excellence in the field;

• Membership in associations that require outstanding achievements as judged by recognized experts in the field;

• Published material about the applicant in professional or major trade publications or other major media about his or
her work in the field;

• Participation as a judge of the work of others in the same or an allied field;

• Original scientific contributions of major significance to the field;

• Authorship of scholarly articles in the field, published in professional or major trade publications or other major
media;

• Performance in a leading or critical role for organizations or establishments with distinguished reputations;

• Commanding a high salary or other significantly high remuneration for services in relation to others in the field

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Employment-Based Immigrant
Visas – First Preference (EB-1A)

CURRENTLY BACKLOGGED FOR INDIA AND CHINA

• One-time achievement (major, international award) or at least 3 out of 10 criteria

• Risen to the very top of the field. Define your field at the very outset of your case
• Self-petition or employer-sponsored
• Subjective – outcomes difficult predict
• Can satisfy 3 or more criteria but still be denied
• Evidence consistent with the claim that have sustained national or international acclaim
• For example, reviewing 1 manuscript, authoring 1 article, and receiving 1 lesser-known award may satisfy
the minimum number of criteria but does not meet extraordinary ability

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EB-2 National Interest Waiver (NIW)

CURRENTLY BACKLOGGED SEVERAL YEARS FOR INDIA & CHINA

• Substantial merit and national importance

o Demonstrated by showing evidence that the US has an interest in advancements in your field
o Not a closed list (AI, machine learning, medical research, entrepreneurship, health and
safety, national defense, economic benefit in a depressed area, education, etc.)
• Well-positioned to advance the national interest
o Show well-positioned to advance national interest
o Immediate and quantifiable economic benefit is a favorable factor but not required

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EB-2 National Interest Waiver (NIW)

CURRENTLY BACKLOGGED
• Self-sponsored
o Individuals from most countries may be able to get to a green card by themselves
o If from China and India can secure priority date (place in line in the EB-2 green card backlog)
o Must show:
o An advanced degree (at least a master’s or bachelor’s + 5 years experience) or exceptional ability
o Will work in an area that has both substantial merit and national importance
o Are well-positioned to advance the national interest
o On balance, beneficial to the U.S. to waive the requirement of a labor certification

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Employment Based Immigrant
Visas – Second & Third Preference
(EB-2 & EB-3)
CURRENTLY BACKLOGGED FOR SEVERAL YEARS FOR CHINA AND INDIA
EB-2 (Second Preference) EB-3 (Third Preference) – PERM
• PERM for Advanced Degree Holders • PERM for Professionals with BA degree or
foreign equivalent
o Master’s or higher degree or foreign
equivalent • PERM for Skilled Workers with 2 years
experience
o Bachelor plus 5 years progressive experience
• PERM for Other Workers
• Schedule A, Group II Alien of Exceptional
Ability in Arts, Sciences or Performing Arts
• National Interest Waiver (NIW)

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Employment-Based
Green Card Process

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EB-5 Investor Program –
UNIQUE WINDOW OF OPPORTUNTY
CLOSING SOON
• $800,000 if in a rural area, high unemployment area, or infrastructure project
otherwise $1,050,000 minimum investment amount

• Concurrent filing for Chinese and Indian nationals with 5-year work/travel card. One
of very few doors open besides good faith marriage to US citizen

• March 2025 Visa Bulletin. All categories open but for how long?

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EB-5 Requirements

• Reserved visas
o 20% (about 2,000) rural (priority processing)
o 10% (about 1,000) high unemployment
o 2% (about 200) for infrastructure
• “Indirect” job creation limitations – needs some actual jobs
• Can live anywhere in USA

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Concurrent EB-5 Filing –
Adjustment of Status : I-485
• Persons present in the United States AND Visa “available”
• INA 245(k) protection-can be out of status by 180 days
• After about 2-3+ months 5-year travel/work card issued
• No waiting line for China or India
• Priority processing for rural petitions

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Questions & Answers

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 Bernard Wolfsdorf
Thank you!
Managing Partner
We look forward to serving your
WR Immigration
global immigration needs
[email protected]

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