VISAS FOR POSTGRAD

							Visa Options After Graduation
       Non-Immigrant


   OIS
   Indiana University
   October 19,2004
         SESSION GOALS
 Familiarity   with U.S. visa system

          of non-immigrant
 Discussion
 employment options

 Long-term     career planning
           Non-Immigrant
 Letters A-V: B-1/B-2, F-1/F-2, J
 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)
     NO ADVERTISING REQUIREMENTS
     NO COMPARISON TO US APPLICANTS
     PART TIME OR FULL TIME
           F-1 Practical Training



  ADVANTAGES                 LIMITATIONS
 Easy to process         Hard to renew visa

 Valid up to 12 mos       abroad
 Can be part time        90 days minimum

 No job offer needed
                           process at USCIS
 No salary issue (see
  H-1)
 Not employer
             J-1 Academic Training
      ADVANTAGES                LIMITATIONS

   Auth. by sponsor
                            Some sponsors don’t
   No specific employer
                             auth.
   Valid up to 18 mos.
                            Must have job offer
   36 mos. for post-
    docs                    Hard to renew visa
   Can be part time         abroad
   J -2 can apply work     Bar on change to J
    auth. from USCIS         researcher
   No salary issue
          J-1Researcher/Teaching
    ADVANTAGES               LIMITATIONS
                          Employer specific
 Valid up to 3           J -1 Programs only
  years                   Not for tenure track
 Can be part time        May give 2-year res.
                           requirement
 J -2 can apply for
                          No H or green card if
  work auth. from          2 year residence
  USCIS                    applies
 No salary issue         Not for J -1 students
    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
        TN (Treaty NAFTA)
        Canada/Mexico
  ADVANTAGES               LIMITATIONS
 Easy processing    Canadian/Mexican

 Unlimited           citizens only
  extensions         Limited to List of

 No salary issue     Professions
                     Spouse cannot work

                     One year at a time

                     Travel problems if
                      immigrant intent
    H-1B (SPECIALTY WORKER)
    ADVANTAGES              LIMITATIONS
                         Numerical cap***

                         Employer-specific
 Easy to get visa
  abroad                 Job must require a

 Six years total
                          bachelor’s degree
                         Field of study must
 Mult. H’s for mult.
  Jobs                    be same as job
                         H-4 cannot work
 Premium Processing
  Option                 Minimum salary

 Portability
     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.
 Labor Condition Application
   (LCA) --- Dept. of Labor
 Worker  paid actual wage paid to all
  other workers, OR prevailing wage,
  whichever is higher.
 No affect on working conditions of
  those similarly employed
 No strike, lockout, or work
  stoppage
 Notice provided to other workers
  at worksite
   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
             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 in 02/04

 This year 65,000 processed as for
  year beginning 10/01/04
 No more cap H’s available this year
  unless Congress acts.
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)
Other Non-immigrant Visas for
           Work
          E-1



          E-2



         L



         O



         P
            Susie Student, AY 2004-05
   Sends out
    resumes
   Applies
   Interviews
    Feb. 2005    Applies for OPT
    April 2005   Offered job by ABC Co. (related to
                  her studies),
    April 2005   Employer files H-1 petition for her,
                  requesting validity dates of
                  10/01/05-09/30/08
    May 2005     Graduates
    June 2005    Starts employment on F-1OPT,
                        valid 6/1/05 - 5/31/2006
    Oct. 2005    Becomes H-1 10/01/05
          Susie Student, AY 2004-05
 Sends out
  resumes
 Applies

 Interviews

 Feb. 2005          Applies for OPT
 May 2005           Graduates
 October 14, 2005   Offered job by ABC Co.
 October 15, 2005   Starts work on OPT valid
   April 1, 2006    6/05-6/06
                      ABC Co. submits H-1
                     petition with start date of
                            October 1, 2006.
   June 2006                     ????
    Susie Student, AY 2004-05
 Sends out resumes
 applies
 interviews


 March 2005: Offered job by ABC
 ABC starts H-1 petition process to begin
  as of 10/01/2005
 Graduates May 2005, visits home
  country
 August 2005:      H-1 approved to
  begin 10/01/05
       Susie Student AY 2004-05
   Sends out resumes
   Applies
   Interviews


   February 2005:            Applies OPT

   March 2005:         Offered job by U. of Big

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

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

   August 1, 2005: Becomes H-1
  What to say to Employers

 Youcan 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 years)

  – No advertising required!
  – Does not matter if US Citizens have
    applied!
    IU SEARCH Resource
           List
 Sign-up for OPT
  Sessions.                (graduating F-1’s)
                           See especially
 Check out the Int’l       “Employment and
  Center Web Page           Training”
 Network with
  alumni
                           SPEA, BPO, CDC
 Visit all career          have many
  offices                   resources
Visa Options After Graduation
          Immigrant


   OIS
   Indiana University

   October 19, 2004
           SESSION GOALS
 Familiarity   with U.S. visa system

 Discussion    of routes to permanent
  residence
 Long-term career planning
    Who is an Immigrant ?
 LegalPermanent Residents
 Green Card holders

 Whoever has “I-551” stamp in
  passport
 Resident Aliens

 PR



Note: Not the same as
 CITIZENSHIP
      Immigrant Visas:
     Employment-Based

–1. Extraordinary or
  Outstanding(EB-1)
– 2. Advanced Degree National
  Interest(EB-2)
– 3. Skilled Worker (EB-3)
– 4. Special Immigrants and
  Religious Workers(EB-4)
– 5. Employment Creation(EB-5)
     Immigrant Visa Categories
              Family-Based

1. Unmarried child under 21 of USC.
2A. Spouse/minor child of PR.
2B. Unmarried child over 21 of PR.
3. Married child of USC.

4. Brother/Sister of USC.
    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
    Diversity Immigrant Visa
     Program (DV-Lottery)
 Application Period: 11/5/04 – 01/07/05.
 Form to submit application NOT available
  till noon, November 5.
 Can ONLY submit electronically, not by
  paper.
 Some countries not eligible to participate.

 For more information, see:

 http://travel.his.com/visa/immigrants_ty
  pes_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:
Employment-Based Immigration
 1: Labor Certification
 2: I-140 petition
 3: Form I-485 for Permanent Residence
  (Green Card),
 OR
 1. I-140 based on Outstanding,
  Extraordinary, National Interest
 2. Form I-485 for Permanent Residence
  (Green Card).
 NOTE: 1 & 2 may be filed simultaneously
         Labor Certification
A determination by the Department of
   Labor that no qualified USC or PR is
   available and able to accept the
   position.

1.   Filed with the Department of Labor as
     one step towards permanent
     residence (green card)
2.   Has no relationship with LCA non-
     immigrant (H-1B) visa.
3.   Always requires advertising.
  LABOR CERTIFICATION
       TEACHING
–No re-advertising

–Can hire best qualified, not just
 minimum

–6-24 month process

–Normally no salary issue
      LABOR CERTIFICATION
          NON-TEACHING
      (Reduction in Recruitment)
–Must advertise at least twice
 over 6 month period
–No experience/qualifications
 count if gained in the position
–Only minimum requirements
–Salary requirements
–9-36 month process
               Peter Professor
              Labor Certification
 Peter has Practical Training through
  August 2005.
 February, 2005: Applies for faculty
  position advertised in the Chronicle.
 April, 2005: Offered position, H-1B
  papers filed to start August 2005.
 May, 2005: “Special Handling” Labor
  Certification process started by
  school/attorney using original ad and
  recruitment report.
 6-24 Months after: Labor Certification
  approved.
               Betty Brilliant
             Labor Certification
 Betty has job as Financial Analyst with
  U.B., has H-1B valid through
  September 2006.
 March 2005: U.B. decides to sponsor for
  green card, places 2 ads 30 days apart.
 June 2005: U.B. screens applicants, no
  one meets job requirements but Betty.
 July 2005: Copy of ads, recruitment
  report and applications sent to DOL.
 9-36 months later: Labor Certification
  approved.
    Timeline for Labor Cert.:


 File Labor Certification with
 Labor(9-36 months).
 File form I-140 with USCIS (6-12
 months).
 File form I-485--PR application
 (18-24 months).
       Routes to Permanent
           Residence
B. Filing I-140 immigrant petition
 with the USCIS (No Labor
 Certification necessary):

 1. Extraordinary
 2. Outstanding
  Professor/Researcher
 3. National Interest Waiver
I-140: Outstanding Prof./Res.
  –3 years post-doc research
        –Publications
    –Original contributions
      –employer-specific
    –“permanent position”
    –teaching or research
       –no salary issue
      –no advertisement
 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
         Timeline for I-140:


 1. File Form I-140 with the USCIS
  (8-12 mos)
 2. File I-485 PR application(18-30
  months)
 OR:


     both I-140 AND I-485 for PR
 File
 at same time--only if I-140 sure to
 be approved.(18-30 months).
               Susie Summit
 H-1B status:             10/2004 - 9/2007
 Employer files Labor Cert:   June 2005
 Labor Cert. approved:        December
                               2005
 I-140 filed:             December 2005
 I-140 approved:              April 2006
 Susie files for PR before
  H-1B expires:                Sept. 2006

    Gets EAD or extends H-1 as needed
             Simon Smart
 H-1B   status:           10/2003 -
                           09/2006
 Employer files I-140 for Outstanding:
                           Jan. 2004
 I-140 Approved:          June 2004
 Simon files for PR:      June 2004
 PR approved:             Dec. 2005

  –Continues employment under H-1B
   visa
  Special Notes affecting PR
     quota and processing
 Can  extend H-1B beyond 6 years if
  Labor Certification or I-140 filed
  over 365 days before.
 Individuals with I-140 pending
  over 180 days may change jobs or
  employers, as long as new job is in
  same or similar occupational
  classification.
          Remember….

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