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Visa Options After Graduation Non-Immigrant

Visa Options After Graduation Non-Immigrant. OIS Indiana University October 18, 2005. SESSION GOALS. Familiarity with U.S. visa system Discussion of non-immigrant employment options Long-term career planning. Non-Immigrant. Letters A-V: B-1/B-2, F-1/F-2, J-1/J-2

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Visa Options After Graduation Non-Immigrant

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  1. Visa Options After Graduation Non-Immigrant • OIS • Indiana University • October 18, 2005

  2. SESSION GOALS • Familiarity with U.S. visa system • Discussion of non-immigrant employment options • Long-term career planning

  3. Non-Immigrant • Letters A-V: B-1/B-2, F-1/F-2, J-1/J-2 • Non-immigrant work visas: • F-1 Practical Training • J -1 Academic Training • J -1 Faculty or Researcher • J -2 Spouse or Child • H-1 Specialty Occupation • O-1 Extraordinary • TN (Treaty NAFTA --Canada/Mexico) • E-3 Specialty Occupation (Australia) • NO ADVERTISING REQUIREMENTS • NO COMPARISON TO US APPLICANTS • PART TIME OR FULL TIME

  4. ADVANTAGES Easy to process Valid up to 12 mos No job offer needed No salary issue (see H-1) Not employer specific F-1 Practical Training LIMITATIONS • Hard to renew visa abroad • 90 days minimum process at USCIS

  5. ADVANTAGES Auth. by sponsor No specific employer Valid up to 18 mos. 36 mos. for post-docs Can be part time J -2 can apply work auth. from USCIS No salary issue J-1 Academic Training LIMITATIONS • Some sponsors don’t authorize • Must have job offer in field • Hard to renew visa abroad • Bar on change to J researcher

  6. ADVANTAGES Valid up to 3 years (5 years) Can be part time J -2 can apply for work auth. from USCIS No salary issue J-1Researcher/Teaching LIMITATIONS • Employer specific • J -1 Programs only • Not for tenure track • May give 2-year res. requirement • No H or green card if 2 year residence applies • Not for J -1 students

  7. J -2 Employment For spouse/child No specific employer Can be part time/full-time Must apply to USCIS One year max. at a time (?)

  8. TN (Treaty NAFTA)Canada/Mexico ADVANTAGES • Easy processing • Unlimited extensions • No salary issue LIMITATIONS • Canadian/Mexican citizens only • Limited to List of Professions • Spouse cannot work • One year at a time • Travel problems if immigrant intent

  9. ADVANTAGES Easy to get visa abroad Six years total Mult. H’s for mult. employers Premium Processing Option Portability H-1B (SPECIALTY WORKER) LIMITATIONS • Numerical cap*** • Employer-specific • Job must require a bachelor’s degree • Field of study must be same as job • H-4 cannot work • Minimum salary

  10. Labor Condition Application (LCA) • Establishes salary conditions with the Department of Labor (NOT USCIS) for H-1B visa. • Has no relationship to Labor Certification (LC) and permanent residence application.

  11. Labor Condition Application (LCA) --- Dept. of Labor • Worker paid actual wage paid to all other workers, OR prevailing wage, whichever is higher. • No effect on working conditions of those similarly employed • No strike, lockout, or work stoppage • Notice provided to other workers at worksite

  12. H-1B Visa Petition (USCIS) • Document that position requires a professional. • Document that foreign national fulfills position requirements. • Submit application with approved LCA **May apply up to 6 months in advance of start date

  13. H-1B Cap • Cap of 65,000 set by Congress • Cap year runs 10/01 to 09/30 each year • Last year’s cap reached on 10/1/04 • This year’s cap reached in August prior to start of new cap year. • Congress provided 20,000 cap exemption for those with U.S. masters degrees and higher • Set-asides for Chile and Singapore

  14. Exemptions from the numerical cap: • Institution of higher education or a related or affiliated nonprofit entity; nonprofit research organization; governmental research organizations • Anyone counted against the cap at some point during the previous six years • Extensions or amendments of H (with some exceptions)

  15. H-1B Fees • $190 application fee • $500 anti-fraud detection fee • $1,500 employer training fee ($750 for employers with 25 or fewer full-time employees)

  16. E-3 • Like H-1, Australians only • 10,500/year • Dependents can apply for employment authorization

  17. Other Non-immigrant Visas for Work • E-1 • E-2 • L • O • P

  18. Sends out resumes Applies Interviews Feb. 2006 Applies for OPT April 2006 Offered job by ABC Co. (related to her studies), April 2006 Employer files H-1 petition for her, requesting validity dates of 10/01/06-09/30/09 May 2006 Graduates June 2006 Starts employment on F-1OPT, valid 6/1/06 - 5/31/2007 Oct. 2006 Becomes H-1 10/01/06 Susie Student, AY 2005-06

  19. Sends out resumes Applies Interviews Feb. 2006 Applies for OPT May 2006 Graduates October 14, 2006 Offered job by ABC Co. October 15, 2006 Starts work on OPT valid 6/06-6/07 April 1, 2007 ABC Co. submits H-1 petition with start date of October 1, 2007. June 2006 ???? Susie Student, AY 2005-06

  20. Susie Student, AY 2005-06 • Sends out resumes • applies • interviews • March 2006: Offered job by ABC • ABC starts H-1 petition process to begin as of 10/01/2006 • Graduates May 2006, visits home country • August 2006: H-1 approved to begin 10/01/06

  21. Susie Student AY 2005-06 • Sends out resumes • Applies • Interviews • February 2006: Applies OPT • March 2006: Offered job by Enormous State University • March 2006: ESU submits H-1 petition with start date of 08/01/2006 • Graduates May 2006, with OPT approved 07/06-06/07 • August 1, 2006: Becomes H-1

  22. What to say to Employers • You can work in U.S. without green card! • Practical Training (12 mos/18 mos) • H-1B (up to 6 years) • J -1 research/teaching (up to 3/5 years) • O-1 if can prove exceptional ability • No advertising required! • Does not matter if US Citizens have applied!

  23. Sign-up for OPT Sessions. Check out the Int’l Services Web Page Network with alumni Visit all career offices (graduating F-1’s) See especially “Employment and Training” SPEA, BPO, CDC have many resources IU SEARCH Resource List

  24. GOOD LUCK!

  25. Visa Options After Graduation Immigrant • OIS • Indiana University • October 18, 2005

  26. SESSION GOALS • Familiarity with U.S. visa system • Discussion of routes to permanent residence • Long-term career planning

  27. Who is an Immigrant ? • Legal Permanent Residents • Green Card holders • Whoever has “I-551” stamp in passport • Resident Aliens • PR Note: Not the same as CITIZENSHIP

  28. Immigrant Visas: Employment-Based • EB-1. Extraordinary Ability; Outstanding Researcher/Professor • EB-2. Labor Certification Advanced Degree; National Interest Waiver • EB-3. Labor Certification Bachelors or Skilled Worker • EB-4. Special Immigrants and Religious Workers • EB-5. Employment Creation

  29. Immigrant Visa Categories Family-Based FB-1 Unmarried child under 21 of USC. FB-2 Family of PR • Spouse/minor child of PR. • Unmarried child over 21 of PR. FB-3 Married child of USC. FB-4 Brother/sister of USC.

  30. Immigrant Visas: No Quota (Unlimited Number Available)* • Spouse of USC. • Parents of USC age 21 or over • Unmarried children under 21 of USC • DV Lottery winners (separate quota) • *Unless 2 year requirement applies

  31. Diversity Immigrant Visa Program (DV-Lottery) • Application Period: 10/5/05 – 12/05/05. • Can ONLY submit electronically, not by paper. • Some countries not eligible to participate. • For more information, see: http://travel.state.gov/visa/immigrants/types/types_1318.html

  32. Diversity Immigrant Visa Program (DV-2007) Countries NOT eligible to apply: CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM Persons born in Hong Kong SAR, Macao SAR, and Taiwan are eligible.

  33. Routes to Employment-Based Permanent Residence: 1: LABOR CERTIFICATION A. Labor Certification application B. I-140 petition C. Form I-485 for Permanent Residence 2: I-140 PETITION A. I-140 based on Outstanding, Extraordinary, National Interest Waiver B. Form I-485 for Permanent Residence

  34. Labor Certification A determination by the Department of Labor that no qualified USC or PR is available and able to accept the position. • Filed with the Department of Labor as one step towards permanent residence • Has no relationship with LCA non-immigrant (H-1B) visa. • Always requires advertising.

  35. LABOR CERTIFICATIONTEACHING (Special Handling) • No re-advertising • Can hire best qualified, not just minimum • Normally no salary issue

  36. Extensive advertising requirements beyond initial ad No experience/qualifications count if gained in the position Only minimum requirements Salary requirements LABOR CERTIFICATIONNON-TEACHING

  37. PERM • A new electronic Labor certification filing procedure, effective March 28, 2005 • Processing within 60 days?

  38. Peter ProfessorLabor Certification • Peter has Practical Training through August 2006. • February, 2006: Applies for faculty position advertised in the Chronicle. • April, 2006: Offered position, H-1B papers filed to start August 2006. • May, 2006: “Special Handling” Labor Certification process started by school/attorney using original ad and recruitment report. • July 2006: Labor Certification approved, I-140 filed.

  39. Betty Brilliant Labor Certification • Betty has job as Financial Analyst with ESU, has H-1B valid through 9/07. • March 2006: ESU decides to sponsor for green card, places ads, job order with Dept of Labor, internal posting, etc. • June 2006: ESU screens applicants, no one meets job requirements but Betty. Documentation collected. • July 2006: Labor Certification filed. • September 2006: Labor Cert approved.-> ->

  40. Betty Brilliant continued! • October 2006: U.B. files I-140 • October/Nov 2006: Betty files for PR along with her husband and daughter. • June 2007: ESU applies for extension of Betty’s H-1 OR Betty applies for EAD based on PR application • September 2007: I-140 approved • December 2007: Betty and family given permanent residence.

  41. Timeline for Labor Cert.: • File Labor Certification with Labor (2 months) • teaching – file within 18 months of offer; • non-teaching – file 30-180 days after completing recruitment • File form I-140 with USCIS (3-24 months). • File form I-485--PR application if visa number available

  42. I-140 PETITION Bypassing Dept of Labor, file I-140 immigrant petition directly with the USCIS (No Labor Certification necessary): • 1. Extraordinary • 2. Outstanding Professor/ Researcher • 3. National Interest Waiver

  43. 3 years experience Publications Original contributions employer-specific “permanent position” teaching or research no salary issue no advertisement I-140: Outstanding Prof./Res.

  44. I-140: National Interest Waiver • Advanced degree +2 years • National interest • Publications, established in field • Key role in research • Can be self-filed • Non-permanent job • No salary issue • No advertisement • Why in national interest not to advertise

  45. Timeline for I-140: • 1. File Form I-140 with the USCIS (3-20 months) • 2. File I-485 PR application if visa number available OR: • File both I-140 AND I-485 for PR at same time--only if sure I-140 will be approved and visa number available

  46. Susie Summit • H-1B status: 10/2005 - 9/2008 • I-140 filed as Outstanding Researcher: December 2006 • I-140 approved: February 2007 • Susie files for PR Sept. 2007 Gets EAD or extends H-1 as needed

  47. Simon Smart • H-1B status: 12/2004 -12/2007 • Employer files I-140 for Outstanding: Jan. 2006 • I-140 Approved: June 2006 • Simon files for PR: June 2006 • PR approved: Dec. 2006 • Continues employment under H-1B visa

  48. Can you apply to adjust status to PR? • In most cases, once the I-140 is filed you are eligible to apply for adjustment to PR status, by filing Form I-485 • However, the law requires that an Immigrant Visa Number be available for your country in the appropriate employment-based category at the time the I-485 is filed

  49. Per Country Limits • Immigration Act of 1965 strictly prohibits discrimination in the issuance of immigrant visa numbers based on country of birth or nationality. • All countries are therefore treated equally (given an equal number of immigrant visa numbers), despite their relative populations and numbers of highly-skilled workers coming to the U.S.

  50. Employment-Based Visa Numbers • EB-1: 40,000 per year • EB-2: 40,000 per year • EB-3: 40,000 per year • EB-4: 10,000 per year • EB-5: 10,000 per year • EB-1 gets visas unused by EB-4 and EB-5 (if any). • The EB-2 then gets the remainder not used by the EB-1 (if any). • Finally, the EB-3 get the remainder not used by the EB-2 (if any). • Numbers not used by one country may be used by other countries.

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