Visa Options After GraduationVisa Options After Graduation Non-Immigrant Non-Immigrant

OISOIS Indiana UniversityIndiana University October 19,2004October 19,2004

SESSION GOALSSESSION GOALS

Familiarity with U.S. visa systemFamiliarity with U.S. visa system

Discussion of non-immigrant Discussion of non-immigrant employment options employment options

Long-term career planningLong-term career planning

Non-ImmigrantNon-Immigrant Letters A-V: B-1/B-2, F-1/F-2, J Letters A-V: B-1/B-2, F-1/F-2, J Non-immigrant work visas:Non-immigrant work visas:

– F-1 Practical TrainingF-1 Practical Training– J -1 Academic TrainingJ -1 Academic Training– J -1 Faculty or ResearcherJ -1 Faculty or Researcher– J -2 Spouse or ChildJ -2 Spouse or Child– H-1 Specialty OccupationH-1 Specialty Occupation– O-1 Extraordinary O-1 Extraordinary – TN (Treaty NAFTA --Canada/Mexico) TN (Treaty NAFTA --Canada/Mexico)

NO ADVERTISING REQUIREMENTS NO ADVERTISING REQUIREMENTS NO COMPARISON TO US APPLICANTSNO COMPARISON TO US APPLICANTSPART TIME OR FULL TIMEPART TIME OR FULL TIME

F-1 Practical TrainingF-1 Practical Training

ADVANTAGESADVANTAGES Easy to processEasy to process Valid up to 12 mosValid up to 12 mos Can be part timeCan be part time No job offer neededNo job offer needed No salary issue (see No salary issue (see

H-1)H-1) Not employer Not employer

specificspecific

LIMITATIONSLIMITATIONS Hard to renew visa Hard to renew visa

abroadabroad 90 days minimum 90 days minimum

process at USCISprocess at USCIS

J-1 Academic TrainingJ-1 Academic TrainingADVANTAGESADVANTAGES

Auth. by sponsorAuth. by sponsor No specific employerNo specific employer Valid up to 18 mos.Valid up to 18 mos. 36 mos. for post-36 mos. for post-

docsdocs Can be part timeCan be part time J -2 can apply work J -2 can apply work

auth. from USCISauth. from USCIS No salary issueNo salary issue

LIMITATIONSLIMITATIONS

Some sponsors don’t Some sponsors don’t auth.auth.

Must have job offerMust have job offer Hard to renew visa Hard to renew visa

abroadabroad Bar on change to J Bar on change to J

researcherresearcher

J-1Researcher/TeachingJ-1Researcher/Teaching

ADVANTAGESADVANTAGES

Valid up to 3 Valid up to 3 yearsyears

Can be part timeCan be part time J -2 can apply for J -2 can apply for

work auth. from work auth. from USCISUSCIS

No salary issueNo salary issue

LIMITATIONSLIMITATIONS Employer specificEmployer specific J -1 Programs onlyJ -1 Programs only Not for tenure trackNot for tenure track May give 2-year res. May give 2-year res.

requirementrequirement No H or green card if No H or green card if

2 year residence 2 year residence appliesapplies

Not for J -1 studentsNot for J -1 students

For spouse/child For spouse/child No specific employerNo specific employerCan be part time/full-Can be part time/full-

timetimeMust apply to USCISMust apply to USCIS

One year max. at a timeOne year max. at a time

J -2 Employment

TN (Treaty NAFTA)TN (Treaty NAFTA)Canada/MexicoCanada/Mexico

ADVANTAGESADVANTAGES Easy processingEasy processing Unlimited Unlimited

extensionsextensions No salary issueNo salary issue

LIMITATIONSLIMITATIONS Canadian/Mexican Canadian/Mexican

citizens onlycitizens only Limited to List of Limited to List of

ProfessionsProfessions Spouse cannot workSpouse cannot work One year at a timeOne year at a time Travel problems if Travel problems if

immigrant intentimmigrant intent

H-1B (SPECIALTY WORKER)H-1B (SPECIALTY WORKER)ADVANTAGESADVANTAGES

Easy to get visa Easy to get visa abroadabroad

Six years totalSix years total Mult. H’s for mult. Mult. H’s for mult.

JobsJobs Premium Processing Premium Processing

OptionOption Portability Portability

LIMITATIONSLIMITATIONS Numerical cap***Numerical cap*** Employer-specificEmployer-specific JobJob must require a must require a

bachelor’s degree bachelor’s degree Field of study must Field of study must

be same as jobbe same as job H-4 cannot workH-4 cannot work Minimum salary Minimum salary

Labor Condition Application Labor Condition Application (LCA)(LCA)

Establishes salary conditions with the Establishes salary conditions with the Department of Labor (NOT USCIS) forDepartment of Labor (NOT USCIS) for

H-1B visa.H-1B visa.

Has no relationship to Labor Certification Has no relationship to Labor Certification (LC) and permanent residence application.(LC) and permanent residence application.

Labor Condition Application Labor Condition Application (LCA) --- Dept. of Labor(LCA) --- Dept. of Labor

Worker paid actual wage paid to all Worker paid actual wage paid to all other workers, OR prevailing wage, other workers, OR prevailing wage, whichever is higher.whichever is higher.

No affect on working conditions of No affect on working conditions of those similarly employedthose similarly employed

No strike, lockout, or work stoppageNo strike, lockout, or work stoppage Notice provided to other workers at Notice provided to other workers at

worksiteworksite

H-1B Visa Petition (USCIS)H-1B Visa Petition (USCIS)

Document that position requires a Document that position requires a professional.professional.

Document that foreign national Document that foreign national fulfills position requirements.fulfills position requirements.

Submit application with approved Submit application with approved LCALCA

**May apply up to 6 months in **May apply up to 6 months in advance of start dateadvance of start date

H-1B CapH-1B Cap

Cap of 65,000 set by CongressCap of 65,000 set by Congress Cap year runs 10/01 to 09/30 each Cap year runs 10/01 to 09/30 each

yearyear Last year’s cap reached in 02/04Last year’s cap reached in 02/04 This year 65,000 processed as for This year 65,000 processed as for

year beginning 10/01/04year beginning 10/01/04 No more cap H’s available this year No more cap H’s available this year

unless Congress acts.unless Congress acts.

Exemptions from the numerical cap:Exemptions from the numerical cap:

– Institution of higher education or a related Institution of higher education or a related or affiliated nonprofit entity; nonprofit or affiliated nonprofit entity; nonprofit research organization; governmental research organization; governmental research organizationsresearch organizations

– Anyone counted against the cap at some Anyone counted against the cap at some point during the previous six yearspoint during the previous six years

– Extensions or amendments of H (with some Extensions or amendments of H (with some exceptions)exceptions)

Other Non-immigrant Visas for Other Non-immigrant Visas for WorkWork

E-1E-1

E-2E-2

LL

OO

PP

Susie Student, AY 2004-05Susie Student, AY 2004-05 Sends out resumesSends out resumes AppliesApplies InterviewsInterviews

Feb. 2005Feb. 2005 Applies for OPT Applies for OPT April 2005April 2005 Offered job by ABC Co. (related to Offered job by ABC Co. (related to

her studies), her studies), April 2005April 2005 Employer files H-1 petition for her, Employer files H-1 petition for her,

requesting validity dates of requesting validity dates of 10/01/05-09/30/0810/01/05-09/30/08

May 2005May 2005 GraduatesGraduates June 2005June 2005 Starts employment on F-1OPT, Starts employment on F-1OPT,

valid 6/1/05 - 5/31/2006valid 6/1/05 - 5/31/2006 Oct. 2005Oct. 2005 Becomes H-1 10/01/05Becomes H-1 10/01/05

Susie Student, AY 2004-05Susie Student, AY 2004-05 Sends out resumesSends out resumes AppliesApplies InterviewsInterviews

Feb. 2005Feb. 2005 Applies for OPTApplies for OPT May 2005May 2005 GraduatesGraduates October 14, 2005October 14, 2005 Offered jobOffered job by ABC Co. by ABC Co. October 15, 2005October 15, 2005 Starts work on OPT valid Starts work on OPT valid

6/05-6/06 6/05-6/06 April 1, 2006April 1, 2006 ABC Co. submits H-1 ABC Co. submits H-1 petition with start date of petition with start date of

October 1, 2006. October 1, 2006. June 2006June 2006 ????????

Susie Student, AY 2004-05Susie Student, AY 2004-05 Sends out resumesSends out resumes appliesapplies interviewsinterviews

March 2005:March 2005: Offered job by ABCOffered job by ABC ABC starts H-1 petition process to begin ABC starts H-1 petition process to begin

as of 10/01/2005as of 10/01/2005 Graduates May 2005, visits home Graduates May 2005, visits home

countrycountry August 2005:August 2005: H-1 approved to begin H-1 approved to begin

10/01/0510/01/05

Susie Student AY 2004-05Susie Student AY 2004-05 Sends out resumesSends out resumes AppliesApplies InterviewsInterviews

February 2005: February 2005: Applies OPTApplies OPT

March 2005:March 2005: Offered job by U. of BigOffered job by U. of Big

March 2005:March 2005: UB submits H-1 petition with start UB submits H-1 petition with start date date of 08/01/2005of 08/01/2005

Graduates May 2005, with OPT approved 07/05-06/06Graduates May 2005, with OPT approved 07/05-06/06

August 1, 2005: Becomes H-1August 1, 2005: Becomes H-1

What to say to EmployersWhat to say to Employers

You You cancan work in U.S. without green work in U.S. without green card!card!

– Practical Training (12 mos/18 mos)Practical Training (12 mos/18 mos)– H-1B (up to 6 years)H-1B (up to 6 years)– J -1 research/teaching (up to 3 years)J -1 research/teaching (up to 3 years)

– No advertising required!No advertising required!– Does not matter if US Citizens have applied!Does not matter if US Citizens have applied!

IU SEARCH Resource IU SEARCH Resource ListList

Sign-up for OPT Sign-up for OPT Sessions.Sessions.

Check out the Int’l Check out the Int’l Center Web PageCenter Web Page

Network with Network with alumnialumni

Visit all career Visit all career officesoffices

(graduating F-1’s)(graduating F-1’s) See especially See especially

“Employment and “Employment and Training” Training”

SPEA, BPO, CDC SPEA, BPO, CDC have many have many resourcesresources

Visa Options After GraduationVisa Options After Graduation Immigrant Immigrant

OISOIS Indiana UniversityIndiana University

October 19, 2004October 19, 2004

SESSION GOALSSESSION GOALS

Familiarity with U.S. visa systemFamiliarity with U.S. visa system

Discussion of routes to permanent Discussion of routes to permanent residenceresidence

Long-term career planningLong-term career planning

Who is an Immigrant ?Who is an Immigrant ? Legal Permanent ResidentsLegal Permanent Residents Green Card holdersGreen Card holders Whoever has “I-551” stamp in Whoever has “I-551” stamp in

passportpassport Resident AliensResident Aliens PRPR

Note: Not the same as CITIZENSHIPNote: Not the same as CITIZENSHIP

Immigrant Visas: Immigrant Visas: Employment-BasedEmployment-Based

– 1. 1. Extraordinary or Outstanding(EB-Extraordinary or Outstanding(EB-1)1)

– 2. Advanced Degree National 2. Advanced Degree National Interest(EB-2)Interest(EB-2)

– 3. Skilled Worker (EB-3)3. Skilled Worker (EB-3)– 4. Special Immigrants and 4. Special Immigrants and

Religious Workers(EB-4)Religious Workers(EB-4)– 5. Employment Creation(EB-5)5. Employment Creation(EB-5)

Immigrant Visa Categories Immigrant Visa Categories Family-BasedFamily-Based

1.1. Unmarried child under 21 of USC.Unmarried child under 21 of USC.

2A. Spouse/minor child of PR.2A. Spouse/minor child of PR.

2B. Unmarried child over 21 of PR.2B. Unmarried child over 21 of PR.

3.3. Married child of USC.Married child of USC.

4.4. Brother/Sister of USC.Brother/Sister of USC.

Immigrant Visas: No QuotaImmigrant Visas: No Quota((Unlimited Number Available)Unlimited Number Available)**

Spouse of USC.Spouse of USC.

Parents of USC age 21 or overParents of USC age 21 or over

Unmarried children under 21 of USC Unmarried children under 21 of USC

DV Lottery winners (separate quota)DV Lottery winners (separate quota)

**Unless 2 year requirement appliesUnless 2 year requirement applies

Diversity Immigrant Visa Diversity Immigrant Visa Program (DV-Lottery)Program (DV-Lottery)

Application Period: 11/5/04 – 01/07/05. Application Period: 11/5/04 – 01/07/05. Form to submit application NOT available Form to submit application NOT available

till noon, November 5.till noon, November 5. Can ONLY submit electronically, not by Can ONLY submit electronically, not by

paper.paper. Some countries not eligible to participate.Some countries not eligible to participate. For more information, see:For more information, see: http://travel.his.com/visa/http://travel.his.com/visa/

immigrants_types_diversity.htmlimmigrants_types_diversity.html

Diversity Immigrant Visa Program (DV-2006)Countries NOT eligible to apply:

CANADA, CHINA (mainland, except Hong Kong S.A.R., MACAO S.A.R.), COLOMBIA,

DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN,

PHILIPPINES, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its

dependent territories, and VIETNAM

Steps to Permanent Residence: Steps to Permanent Residence: Employment-Based Employment-Based

ImmigrationImmigration 1: Labor Certification 1: Labor Certification 2: I-140 petition2: I-140 petition 3: Form I-485 for Permanent Residence 3: Form I-485 for Permanent Residence

(Green Card), (Green Card), OROR 1. I-140 based on Outstanding, 1. I-140 based on Outstanding,

Extraordinary, National InterestExtraordinary, National Interest 2. Form I-485 for Permanent Residence 2. Form I-485 for Permanent Residence

(Green Card).(Green Card). NOTE: 1 & 2 may be filed simultaneouslyNOTE: 1 & 2 may be filed simultaneously

Labor CertificationLabor Certification

A determination by the Department of Labor A determination by the Department of Labor that no qualified USC or PR is available that no qualified USC or PR is available and able to accept the position. and able to accept the position.

1.1. Filed with the Department of Labor as Filed with the Department of Labor as one step towards permanent residence one step towards permanent residence (green card) (green card)

2.2. Has Has nono relationship with LCA non- relationship with LCA non-immigrant (H-1B) visa. immigrant (H-1B) visa.

3.3. AlwaysAlways requires advertising. requires advertising.

LABOR CERTIFICATIONLABOR CERTIFICATIONTEACHINGTEACHING

– No re-advertisingNo re-advertising

– Can hire best qualified, not just Can hire best qualified, not just minimumminimum

– 6-24 month process6-24 month process

– Normally no salary issueNormally no salary issue

LABOR CERTIFICATIONLABOR CERTIFICATIONNON-TEACHINGNON-TEACHING

(Reduction in Recruitment) (Reduction in Recruitment)

– Must advertise at least twice Must advertise at least twice over 6 month periodover 6 month period

– No experience/qualifications No experience/qualifications count if gained in the positioncount if gained in the position

– Only minimum requirements Only minimum requirements – Salary requirementsSalary requirements– 9-36 month process9-36 month process

Peter ProfessorPeter ProfessorLabor CertificationLabor Certification

Peter has Practical Training through August Peter has Practical Training through August 2005.2005.

February, 2005: Applies for faculty position February, 2005: Applies for faculty position advertised in the Chronicle.advertised in the Chronicle.

April, 2005: Offered position, H-1B papers April, 2005: Offered position, H-1B papers filed to start August 2005.filed to start August 2005.

May, 2005: “Special Handling” Labor May, 2005: “Special Handling” Labor Certification process started by Certification process started by school/attorney using original ad and school/attorney using original ad and recruitment report.recruitment report.

6-24 Months after: Labor Certification 6-24 Months after: Labor Certification approved.approved.

Betty BrilliantBetty BrilliantLabor CertificationLabor Certification

Betty has job as Financial Analyst with U.B., Betty has job as Financial Analyst with U.B., has H-1B valid through September 2006.has H-1B valid through September 2006.

March 2005: U.B. decides to sponsor for March 2005: U.B. decides to sponsor for green card, places 2 ads 30 days apart.green card, places 2 ads 30 days apart.

June 2005: U.B. screens applicants, no one June 2005: U.B. screens applicants, no one meets job requirements but Betty.meets job requirements but Betty.

July 2005: Copy of ads, recruitment report July 2005: Copy of ads, recruitment report and applications sent to DOL. and applications sent to DOL.

9-36 months later: Labor Certification 9-36 months later: Labor Certification approved.approved.

Timeline for Labor Cert.:Timeline for Labor Cert.:

File Labor Certification with File Labor Certification with Labor(9-36 months).Labor(9-36 months).

File form I-140 with USCIS (6-12 File form I-140 with USCIS (6-12 months).months).

File form I-485--PR application (18-File form I-485--PR application (18-24 months).24 months).

Routes to Permanent Routes to Permanent ResidenceResidence

B. Filing I-140 immigrant petition B. Filing I-140 immigrant petition with the USCIS (No Labor with the USCIS (No Labor Certification necessary):Certification necessary):

1. Extraordinary1. Extraordinary 2. Outstanding 2. Outstanding

Professor/ResearcherProfessor/Researcher 3. National Interest Waiver3. National Interest Waiver

I-140: Outstanding Prof./Res.I-140: Outstanding Prof./Res.

– 3 years post-doc research3 years post-doc research– PublicationsPublications

– Original contributionsOriginal contributions– employer-specificemployer-specific

– ““permanent position”permanent position”– teaching or researchteaching or research

– no salary issueno salary issue– no advertisementno advertisement

I-140: National Interest I-140: National Interest WaiverWaiver

– Advanced degree +2 yearsAdvanced degree +2 years– National interestNational interest

– Publications, established in fieldPublications, established in field– Key role in researchKey role in research

– Can be self-filedCan be self-filed– Non-permanent jobNon-permanent job

– No salary issueNo salary issue– No advertisementNo advertisement

Timeline for I-140:Timeline for I-140:

1. File Form I-140 with the USCIS 1. File Form I-140 with the USCIS (8-12 mos)(8-12 mos)

2. File I-485 PR application(18-30 2. File I-485 PR application(18-30 months)months)

OR:OR:

File File bothboth I-140 AND I-485 for PR at I-140 AND I-485 for PR at same time--only if I-140 sure to be same time--only if I-140 sure to be approved.(18-30 months).approved.(18-30 months).

Susie SummitSusie Summit

H-1B status:H-1B status: 10/2004 - 9/200710/2004 - 9/2007 Employer files Labor Cert:Employer files Labor Cert: June 2005June 2005 Labor Cert. approved:Labor Cert. approved: December December

20052005 I-140 filed:I-140 filed: December 2005December 2005 I-140 approved: I-140 approved: April 2006April 2006 Susie files for PR before Susie files for PR before

H-1B expires H-1B expires:: Sept. Sept. 20062006

Gets EAD or extends H-1 as neededGets EAD or extends H-1 as needed

Simon SmartSimon Smart

H-1B status:H-1B status: 10/2003 - 10/2003 - 09/200609/2006 Employer files I-140 for Outstanding:Employer files I-140 for Outstanding:

Jan. 2004Jan. 2004 I-140 Approved:I-140 Approved: June 2004June 2004 Simon files for PR:Simon files for PR: June 2004June 2004 PR approved:PR approved:Dec. 2005 Dec. 2005

– Continues employment under H-1B Continues employment under H-1B visavisa

Special Notes affecting PR Special Notes affecting PR quota and processingquota and processing

Can extend H-1B beyond 6 years if Can extend H-1B beyond 6 years if Labor Certification or I-140 filed Labor Certification or I-140 filed over 365 days before. over 365 days before.

Individuals with I-140 pending over Individuals with I-140 pending over 180 days may change jobs or 180 days may change jobs or employers, as long as new job is in employers, as long as new job is in same or similar occupational same or similar occupational classification.classification.

Remember….Remember….

Labor Certification or I-140 Labor Certification or I-140 applications or approvals do NOT applications or approvals do NOT automatically give you work automatically give you work permission or permission to stay in permission or permission to stay in the U.S.the U.S.