Visa Options After Graduation Non-Immigrant

OIS Indiana University February 26, 2003

SESSION GOALS

Familiarity with U.S. visa system

Discussion of non-immigrant employment options

Long-term career planning

Non-ImmigrantLetters 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

ADVANTAGESEasy to processValid up to 12 mosCan be part timeNo job offer neededNo salary issue (see H-1)Not employer specific

LIMITATIONSHard to renew visa abroad90 days minimum process

at INS

J-1 Academic TrainingADVANTAGES

Auth. by sponsorNo specific employerValid up to 18 mos.36 mos. for post-docsCan be part time J -2 can apply work

auth. from INSNo salary issue

LIMITATIONS

Some sponsors don’t auth.Must have job offerHard to renew visa abroadBar on change to J

researcher

J-1Researcher/Teaching

ADVANTAGES

Valid up to 3 yearsCan be part time J -2 can apply for

work auth. from INSNo salary issue

LIMITATIONS

Employer specific

J -1 Programs only

Not for tenure track

May give 2-year residence requirement

No H or green card if 2 year residence applies

Not for J -1 students

For spouse/child No specific employer

Can be part time/full-timeMust apply to INS

One year max. at a time

J -2 Employment

TN (Treaty NAFTA)Canada

ADVANTAGESBorder processingUnlimited

extensionsNo salary issue

LIMITATIONSCanadian citizens onlyLimited to List of ProfessionsSpouse cannot workOne year at a timeTravel problems if immigrant

intent

H-1B (SPECIALTY WORKER)ADVANTAGES

Easy to get visa abroadSix years totalMult. H’s for mult. JobsPremium Processing

Option

LIMITATIONS

Employer specific Job must require a

bachelor’s degree Field of study must be

same as jobH-4 cannot workNumerical cap Minimum salary Employer fee: $1,000

Labor Condition Application (LCA)

Establishes salary conditions with the Department of Labor (NOT INS) 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 stoppageNotice provided to other workers at

worksite

H-1B Visa Petition (INS)

Document that position requires a professional.

If private company/corp., $1000.00 fee

Document that foreign national fulfills position requirements.

Submit application with approved LCA

Special Notes: H-B Visa Cap of 195,000 for FY 2002 and 2003.An exemption from the numerical cap for:

1. Universities and research institutions 2. Anyone who was in H-1 status during

previous 6 years. 3. If in H-1 status and changing jobs, can

start work for new employer once new H-1B application is filed with the INS

(portability).

Other Non-immigrant Visas for Work

E-1

E-2

L

O

P

Susie Student, AY 2002-03 Sends out resumes Applies Interviews

Feb. 2003 Applies for OPT April 2003 Offered job by ABC Co. (related to

her studies)May 2003 Graduates June 2003 Starts employment on F-1OPT,

valid 6/1/03 - 5/31/2004Nov. 2003 Employer files H-1 petition for her,

requesting validity dates of May 2004 - May 2007

Susie Student, AY 2002-03 Sends out resumes Applies Interviews

Feb. 2003 Applies for OPTMay 2003 GraduatesOctober 14, 2003 Offered job by ABC Co.October 15, 2003 Starts work

March 2004 ABC Co. starts H-1petition process,with start date of June 2004.

Susie Student, AY 2002-03

Sends out resumesappliesinterviews

March 2003: Offered job by ABCABC starts H-1 petition process to begin as

of 08/01/2003Graduates May 2003August 2003: H-1 approved

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!

IU SEARCH Resource List

Sign-up for OPT Sessions.

Check out the Int’l Center Web Page

Sign up for OISJOBS-L (e-mail to Lschrade)

Network with alumniVisit all career offices

(graduating F-1’s)

See especially “Employment and Training”

Get weekly suggestions or announcements

SPEA, BPO, CDC have many resources

Visa Options After Graduation Immigrant

OIS Indiana University

February 26, 2003

SESSION GOALS

Familiarity with U.S. visa system

Discussion of routes to permanent residenceLong-term career planning

Who is an Immigrant ?Legal Permanent ResidentsGreen Card holdersWhoever has “I-551” stamp in passportResident AliensPR

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: October of each year.Some countries not eligible to participate.

For more information, see:http://travel.state.gov/

Diversity Immigrant Visa Program (DV-2004)Countries NOT eligible to apply:

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

EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, 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 petition3: Form I-485 for Permanent Residence (Green Card), OR1. I-140 based on Outstanding, Extraordinary,

National Interest2. 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 CERTIFICATIONTEACHING

No re-advertising

Can hire best qualified, not just minimum

6-24 month process

Normally no salary issue

LABOR CERTIFICATIONNON-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 9-24 month process

Peter ProfessorLabor Certification

Peter has Practical Training through August 2003.February, 2003: Applies for faculty position

advertised in the Chronicle.April, 2003: Offered position, H-1B papers filed

to start August 2003.May, 2003: “Special Handling” Labor

Certification process started by school/attorney using original ad and recruitment report.

6-24 Months after: Labor Certification approved.

Betty BrilliantLabor Certification

Betty has job as Financial Analyst with I.U., has H-1B valid through September 2005.

March 2003: I.U. decides to sponsor for green card, places 2 ads 30 days apart.

June 2003: I.U. screens applicants, no one meets job requirements but Betty.

July 2003: Copy of ads, recruitment report and applications sent to DOL.

9-24 months later: Labor Certification approved.

Timeline for Labor Cert.:

1. File Labor Certification with Labor(9-24 months).

2. File form I-140 with INS (3-6 months).

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

Routes to Permanent ResidenceB. Filing I-140 immigrant petition with the

INS (No Labor Certification necessary):

1. Extraordinary2. Outstanding Professor/Researcher3. 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 INS (3-6 mos)2. File I-485 PR application(18-24 months)

OR:

File both I-140 AND I-485 for PR at same time--only if I-140 sure to be approved.(18-24 months).

Susie Summit

H-1B status: 10/2002 - 9/2005Employer files Labor Cert: June 2003 Labor Cert. approved: December 2004 I-140 filed: December 2004 I-140 approved: April 2005Susie files for PR before

H-1B expires: Sept. 2005

Gets EAD or extends H-1 as needed

Simon Smart

H-1B status: 10/2002 - 09/2005Employer files I-140 for Outstanding:

Jan. 2003I-140 Approved: May 2003Simon files for PR: June 2003PR approved: Dec. 2004

Continues employment under H-1B visa

Special Notes affecting PR quota and processingCan extend H-1B beyond 6 years if Labor

Certification or I-140 filed over 365 days before.

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

Remember….

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