Working in the U.S. as an International Student and

Beyond

Presented by:Victoria Donoghue, Esq.Director of International

Services

F-1 Status: On-Campus F-1 Status: On-Campus EmploymentEmployment

• On-campus employment On-campus employment (up to 20 hours/week) (up to 20 hours/week) permitted permitted

• Full-time on-campus Full-time on-campus employment permitted employment permitted during breaks and summerduring breaks and summer

• Students must receive work Students must receive work authorization from authorization from International Services International Services before beginning any job on before beginning any job on campuscampus

F-1 Status: Curricular F-1 Status: Curricular Practical TrainingPractical Training

• After two semesters of full-time After two semesters of full-time study, a student may engage in study, a student may engage in off-campus employment for an off-campus employment for an internship or practical internship or practical experience and must receive experience and must receive course credit for the course credit for the employmentemployment

• CPT instructions and application CPT instructions and application are located on the International are located on the International Services web site – or contact Services web site – or contact the front deskthe front desk

F-1 Status: Optional F-1 Status: Optional Practical TrainingPractical Training

• Available when a student Available when a student has completed his/her has completed his/her course of studycourse of study

• Provides students with 12 Provides students with 12 months of free market months of free market employment in a job employment in a job related to their majorrelated to their major

• STEM students can get an STEM students can get an additional 17 monthsadditional 17 months

A Typical Path to a Green Card F Visas (students)F Visas (students) J Visas (research scholars)J Visas (research scholars) H-1B Visas (employees)H-1B Visas (employees) Employment Based Permanent Employment Based Permanent

ResidenceResidence

H-1B VisasTemporary Professional Visas For Professional-Level workers who are

coming to the US to work for a US employer in a specialty occupation– Alien must possess at least the equivalent

of a US Bachelor’s degree AND– Job offer must require at least a Bachelor’s– “Three for One Rule”- 3 yrs of work

experience can be substituted for 1 yr of academic study in order to equate the work experience to a Bachelor’s

Examples of Specialty Occupations Some occupations in the regulations:

Chemist, biologist, engineers, physicists, software developers, system analysts, accountants, economists, teachers, architects

If an occupation is not in the regulations, is a Bachelor’s degree normally required?

Period of Validity

Generally valid for a total of 6 years

Time spent outside of the US can be recaptured

Some exceptions available where additional time in H-1B status will be granted in 3 year increments beyond the 6 year period

Employer Specific

H-1Bs are employer specific, but

– Concurrent H-1Bs are permitted, and

– H-1Bs are portable

– Part-time employment is permitted

Cap on H-1B Visas

Numerical Limitation: 65,000 annually

Additional 20,000 visas for those with US advanced degrees

Cap was met for non advance degree cases on first day of filing for FY 2008- receiving over 180,000

Exemptions from the H-1B cap Current H-1Bs seeking extensions or

transfers to another employer (the cap limits the number of requests for initial employment that CIS may approve each year)

Statutorily exempt employers such as institutions of higher education and nonprofit research organizations

H-1B Petitions

H-1B petitions include:– Form G-28– Form I-129 with H supplements– Certified Labor Conditions

Application (LCA)– Supporting Documentation

Supporting Documentation

Petitioner’s detailed letter of support describing the job duties

Copy of the foreign national’s Bachelor’s degree and transcripts

Evidence that the individual has obtained any required license for the proposed position

Evidence of the foreign national’s legal nonimmigrant status

Supporting Documentation (cont.) If the foreign national possesses a

foreign degree, an educational evaluation must be obtained from a USCIS-recognized evaluation service indicating that the foreign degree is the equivalent of the US degree.

If the 3 for 1 rule is being used, evidence of the experience

The Labor Conditions Application (LCA) Attestations made to the US

Department of Labor (DOL) by an employer seeking to hire employee(s) as an H-1B worker(s).

Sets forth the number of workers sought, the occupational classification, the prevailing wage, the method used to determine the prevailing wage, and the actual wage rate paid

LCA must be available for public inspection within one day of filing the LCA with the DOL

USCIS Filing Fees

I-129- $325

Fraud Fee- $500

Training Fee- $1500 (over 25 employees) or $750 (less than 25 employees)

Optional Premium Processing Fee- $1225

Legal Fee

H-1B AlternativesH-1B Alternatives

E VisaE Visa L VisaL Visa O VisaO Visa P VisaP Visa R VisaR Visa B-1 VisaB-1 Visa TN VisaTN Visa E-3 VisaE-3 Visa

H-1B Gap FillersH-1B Gap Fillers

Take a long vacationTake a long vacation Temporarily change to visitor visaTemporarily change to visitor visa Automatic extension of student statusAutomatic extension of student status Temporarily change to a nonimmigrant Temporarily change to a nonimmigrant

training visa (H-3)training visa (H-3) B-1 Visa in Lieu of an H-1B visa Extension of OPT from 12 to 29 months for

individuals with STEM degrees employed by an E-verify employer

J-1 training visa

Employment Based Employment Based Permanent ResidencePermanent Residence

Requirements:Requirements: Full-time employmentFull-time employment Attainment of DOL Labor Attainment of DOL Labor

CertificationCertification Ability to payAbility to pay Availability of Immigrant visa Availability of Immigrant visa

numbernumber

11stst Preference (EB1): Preference (EB1):No Labor Cert RequiredNo Labor Cert Required

Outstanding Professors & Outstanding Professors & ResearchersResearchers

Aliens of Extraordinary AbilityAliens of Extraordinary Ability- Top of their field- Top of their field

EB1 EvidenceEB1 Evidence

PublicationsPublications Presentations at International Presentations at International

SymposiaSymposia Judging the Work of othersJudging the Work of others International PrizesInternational Prizes PatentsPatents Contribution of Original Research in Contribution of Original Research in

the fieldthe field

22ndnd Preference (EB2): Preference (EB2): Labor Cert Usually Labor Cert Usually

RequiredRequired

Advanced Degree ProfessionalAdvanced Degree Professional- Job requires a degree beyond - Job requires a degree beyond

a BAa BA

National Interest National Interest Waiver:Waiver:

NO Labor Cert RequiredNO Labor Cert Required Seeking employment in an area Seeking employment in an area

of of ““substantial intrinsic meritsubstantial intrinsic merit”” The benefit will be national in The benefit will be national in

scopescope The national interest would be The national interest would be

adversely affected if a labor cert adversely affected if a labor cert were requiredwere required

33rdrd Preference (EB3): Preference (EB3): Labor Cert RequiredLabor Cert Required

Aliens who hold BachelorAliens who hold Bachelor’’s s degrees and are members of the degrees and are members of the professionsprofessions

Aliens capable of performing Aliens capable of performing skilled laborskilled labor

Aliens capable of performing Aliens capable of performing unskilled laborunskilled labor

Procedure for PERM

Position & Prevailing Wage Determination （ PWD ）

Posted Notice, In-house Media, Job Order, & Advertisements

Recruitment Report

Filing

DOL Process

DOL Notice （ Approval or Audit Request ）

Response to Audit Request from DOL

Final Approval or Denial

　

Thank You

Questions?

Please contact our office for further information:

Donoghuev@mail.montclair.edu