Visa Options Post-Graduation and Beyond

1. Visa Options Post-Graduation and Beyond Overcoming Pitfalls & Obstacles on the Road to Success info@sumnerimmigration.com Sumner Immigration Law PLLC CONFIDENTIAL

2. INTRODUCTION Sumner Immigration Law PLLC CONFIDENTIAL

3. Terminology • Passport • Visa • I-94 card • Immigrant (permanent residence) • Non-immigrant • US citizen Sumner Immigration Law PLLC CONFIDENTIAL

4. Post-graduation visa options Sumner Immigration Law PLLC CONFIDENTIAL

5. Typical Post-Graduation Progression Sumner Immigration Law PLLC CONFIDENTIAL

6. Optional Practical Training • What is it? • Who is eligible? • How long can I have it? • STEM Extension – 17 months • E-Verify Employer • STEM Major Sumner Immigration Law PLLC CONFIDENTIAL

7. H-1B Classification Sumner Immigration Law PLLC CONFIDENTIAL

8. H-1B: What you need to know • H-1B Cap! • 65,000 + 20,000 for US master’s degree holders • April 1 filing date • What is the H-1B classification? • Eligibility • US employer willing to sponsor (pay fees) • Specialty occupation Sumner Immigration Law PLLC CONFIDENTIAL

9. H-1B: What you need to know • Specialty occupation: professional position in which a bachelor’s degree in a specific field of study is the minimum requirement for entry into the profession. • Examples: • Bookkeeper • Quality assurance analyst • Scientific researcher Sumner Immigration Law PLLC CONFIDENTIAL

10. H-1B: What you need to know • Required wage – what the employer must pay • Prevailing wage • Actual wage • Timing of H-1B Petition Filing • File April 1 • Start working in H-1B status October 1 • Cap Gap! Sumner Immigration Law PLLC CONFIDENTIAL

11. H-1B: What you need to know • H-1B Cap Gap: • Must have timely filed a change of status petition while still in F-1/OPT • Petition must be accepted/approved • Can keep working until 10/1 even though OPT expired • If petition denied/revoked/not selected, this does not apply Sumner Immigration Law PLLC CONFIDENTIAL

12. H-1B: What you need to know • H-1B Preparation • Labor Condition Application (LCA) – up to 7 business days for certification • Questionnaires, document checklists, forms drafted • File April 1 • Receipt in late April/May • Decision – make sure decided before 10/1 Sumner Immigration Law PLLC CONFIDENTIAL

13. H-1B: What you need to know • H-1B Approval: • Valid for up to 3 years; can extend for another 3 years • When travel, H-1B visa stamping • Can start green card process while in H-1B status Sumner Immigration Law PLLC CONFIDENTIAL

14. ALL ROADS LEAD TO THE GREEN CARD F-1 STUDENTF-1 OPT/STEM Extension J-1/O-1/H-1B H-1B OR Fast Track (EB-1/NIW) PERM GREEN CARD! Sumner Immigration Law PLLC CONFIDENTIAL

15. Pathways to Permanent Residence • Employment-Based • Family-Based • Asylum • Diversity Visa Sumner Immigration Law PLLC CONFIDENTIAL

16. Employment-Based Permanent Residence Options • PERM Labor Certification • PERM Special Handling – for university professors/instructors • Fast-Track Green Cards: • EB-1 Alien of Extraordinary Ability • Outstanding Researcher/Professor • National Interest Waiver Sumner Immigration Law PLLC CONFIDENTIAL

17. Permanent Residence Process Sumner Immigration Law PLLC CONFIDENTIAL

18. What is a priority date & why does it matter? Sumner Immigration Law PLLC CONFIDENTIAL

19. What is the Visa Bulletin? Sumner Immigration Law PLLC CONFIDENTIAL

20. PERM Labor Certification • Must show no US worker able, willing, qualified, and available for the position • Specific recruitment process: • Job order • Newspaper ads • Notice of filing • Three of ten other steps (online, radio, TV, on campus recruiting, etc.). Sumner Immigration Law PLLC CONFIDENTIAL

21. I-140 Petition • Position available • Beneficiary meets requirements for position • Ability to pay Sumner Immigration Law PLLC CONFIDENTIAL

22. I-485 Application for Permanent Residence • Admissibility issues – medical exam, maintained status, criminal issues, etc. • Can apply for work permit (EAD) and travel permit at this stage Sumner Immigration Law PLLC CONFIDENTIAL

23. Requirements for Fast-Track Green Card • Nobel Prize (major international award) • Publications • Impact Factors • Citations • Presentations – national & international • Judging the work of others • Awards • Membership in associations • Published materials about your work Sumner Immigration Law PLLC CONFIDENTIAL

24. Requirements Continued • Original contribution of major significance to the field • Leading or critical role at distinguished organization • Command high salary Sumner Immigration Law PLLC CONFIDENTIAL

25. Obstacle # 1 • I wasn’t selected in the H-1B lottery! • When does OPT end? • Eligible for STEM Extension? • Change status to another classification • Family-based options • Stay in F-1 status (start new degree) Sumner Immigration Law PLLC CONFIDENTIAL

26. Obstacle # 2 • Does your current immigration status allow you to apply for permanent residence? • H-1B – yes • O-1 – yes, generally • J-1 – maybe • Waiver • Timing – waiver and petition • TN - maybe Sumner Immigration Law PLLC CONFIDENTIAL

27. Obstacle # 3 • My priority date may never be current! • Cross-chargeability • Retain priority date • Two filings • Dr. K’s filings – example of success Sumner Immigration Law PLLC CONFIDENTIAL

28. Obstacle # 4 • Help! I’m running out of time in H-1B status (6 year limit) • Be proactive – plan ahead! • Post-sixth year extension • I-140 filing – 365 days • I-140 petition approved • Premium processing • Change of status (O-1?) • Family-based option? Sumner Immigration Law PLLC CONFIDENTIAL

29. Elements for Success • What are your long-term goals? • Be willing to be flexible & think outside the box • Find an experienced immigration attorney you trust & feel comfortable with info@sumnerimmigration.com Sumner Immigration Law PLLC CONFIDENTIAL

30. QUESTIONS?info@sumnerimmigration.com Sumner Immigration Law PLLC CONFIDENTIAL