clarity and strength in immigration law visa options post-graduation and beyond overcoming pitfalls...
TRANSCRIPT
Sumner Immigration Law PLLC CONFIDENTIAL 1
C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W
Visa Options Post-Graduation and Beyond
Overcoming Pitfalls & Obstacles on the Road to Success
Sumner Immigration Law PLLC CONFIDENTIAL 2
C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W
INTRODUCTION
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Terminology
PassportVisaI-94 cardImmigrant (permanent residence)Non-immigrantUS citizen
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C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W
POST-GRADUATION VISA OPTIONS
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Typical Post-Graduation Progression
PERMANENT RESIDENCE
May take years! Multiple avenues
H-1B PetitionValid for up to 6 years total Can start green card
Optional Practical TrainingValid for up to 12 months STEM Extension – 17 months
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Optional Practical Training
What is it? Who is eligible? How long can I have it? STEM Extension – 17 months
E-Verify EmployerSTEM Major
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C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W
H-1B CLASSIFICATION
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H-1B: What you need to know
H-1B Cap!65,000 + 20,000 for US master’s degree holdersApril 1 filing date
What is the H-1B classification?Eligibility
US employer willing to sponsor (pay fees)Specialty occupation
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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:
BookkeeperQuality assurance analystScientific researcher
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H-1B: What you need to know
Required wage – what the employer must payPrevailing wageActual wage
Timing of H-1B Petition FilingFile April 1Start working in H-1B status October 1Cap Gap!
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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/OPTPetition must be accepted/approved Can keep working until 10/1 even though OPT expiredIf petition denied/revoked/not selected, this does not apply
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H-1B: What you need to know
H-1B PreparationLabor Condition Application (LCA) – up to 7 business days for certificationQuestionnaires, document checklists, forms draftedFile April 1Receipt in late April/MayDecision – make sure decided before 10/1
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H-1B: What you need to know
H-1B Approval:Valid for up to 3 years; can extend for another 3 yearsWhen travel, H-1B visa stampingCan start green card process while in H-1B status
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ALL ROADS LEAD TO THE GREEN CARD
F-1 STUDENTF-1
OPT/STEM Extension
J-1/O-1/H-1B
H-1B
PERM Fast Track (EB-1/NIW)
GREEN CARD!
OR
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Pathways to Permanent Residence
Employment-BasedFamily-BasedAsylum Diversity Visa
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Employment-Based Permanent Residence Options
PERM Labor CertificationPERM Special Handling – for university professors/instructorsFast-Track Green Cards:
EB-1 Alien of Extraordinary AbilityOutstanding Researcher/ProfessorNational Interest Waiver
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Permanent Residence Process
I-485Must wait for priority date to become current 4 months + in process
I-140 Petition2-3 weeks to prep 4-5 months in process
PERM Labor Certification3-4 months to prep 8 + months in process
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C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W
WHAT IS A PRIORITY DATE & WHY DOES IT MATTER?
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What is the Visa Bulletin?
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PERM Labor Certification
Must show no US worker able, willing, qualified, and available for the positionSpecific recruitment process:
Job orderNewspaper adsNotice of filingThree of ten other steps (online, radio, TV, on campus recruiting, etc.).
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I-140 Petition
Position availableBeneficiary meets requirements for positionAbility to pay
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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
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Requirements for Fast-Track Green Card
Nobel Prize (major international award) Publications
Impact FactorsCitations
Presentations – national & internationalJudging the work of othersAwardsMembership in associationsPublished materials about your work
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Requirements Continued
Original contribution of major significance to the fieldLeading or critical role at distinguished organizationCommand high salary
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Obstacle # 1
I wasn’t selected in the H-1B lottery!
When does OPT end?Eligible for STEM Extension?Change status to another classificationFamily-based optionsStay in F-1 status (start new degree)
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Obstacle # 2
Does your current immigration status allow you to apply for permanent residence?
H-1B – yesO-1 – yes, generallyJ-1 – maybe
WaiverTiming – waiver and petition
TN - maybe
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Obstacle # 3
My priority date may never be current!
Cross-chargeabilityRetain priority dateTwo filings
Dr. K’s filings – example of success
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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 daysI-140 petition approved
Premium processingChange of status (O-1?)Family-based option?
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Elements for Success
What are your long-term goals?Be willing to be flexible & think outside the boxFind an experienced immigration attorney you trust & feel comfortable with
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C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W