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Visa Options After Graduation Non-Immigrant

Visa Options After Graduation Non-Immigrant. OIS Indiana University October 19,2004. 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 Non-immigrant work visas:

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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 19,2004

  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 • 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

  4. ADVANTAGES Easy to process Valid up to 12 mos Can be part time 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 auth. • Must have job offer • Hard to renew visa abroad • Bar on change to J researcher

  6. ADVANTAGES Valid up to 3 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. Jobs 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 affect 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 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.

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

  16. 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

  17. 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 6/05-6/06 Susie Student, AY 2004-05 • April 1, 2006 ABC Co. submits H-1 petition with start date of October 1, 2006. • June 2006 ????

  18. 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

  19. 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

  20. 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 years) • No advertising required! • Does not matter if US Citizens have applied!

  21. Sign-up for OPT Sessions. Check out the Int’l Center 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

  22. Visa Options After Graduation Immigrant • OIS • Indiana University • October 19, 2004

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

  24. 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

  25. 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)

  26. Immigrant Visa Categories Family-Based • Unmarried child under 21 of USC. 2A. Spouse/minor child of PR. 2B. Unmarried child over 21 of PR. • Married child of USC. • Brother/Sister of USC.

  27. 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

  28. 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_types_diversity.html

  29. 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

  30. 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

  31. 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 (green card) • Has no relationship with LCA non-immigrant (H-1B) visa. • Always requires advertising.

  32. LABOR CERTIFICATIONTEACHING • No re-advertising • Can hire best qualified, not just minimum • 6-24 month process • Normally no salary issue

  33. 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 LABOR CERTIFICATIONNON-TEACHING (Reduction in Recruitment)

  34. 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.

  35. 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.

  36. 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).

  37. 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

  38. 3 years post-doc research Publications Original contributions employer-specific “permanent position” teaching or research no salary issue no advertisement I-140: Outstanding Prof./Res.

  39. 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

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

  41. 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

  42. 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

  43. 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.

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

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