Working in the U.S. as an
International Student and
Beyond
Presented by:
Victoria Donoghue, Esq.
Director of International Services

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On-campus employment (up to
20 hours/week) permitted
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Full-time on-campus employment permitted during breaks and summer
Students must receive work authorization from International
Services before beginning any job on campus

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After two semesters of full-time study, a student may engage in offcampus employment for an internship or practical experience and must receive course credit for the employment
CPT instructions and application are located on the International Services web site – or contact the front desk

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Available when a student has completed his/her course of study
Provides students with 12 months of free market employment in a job related to their major
STEM students can get an additional 17 months

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F Visas (students)
J Visas (research scholars)
H-1B Visas (employees)
Employment Based Permanent
Residence

H-1B Visas
Temporary Professional Visas
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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

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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?

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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

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H-1Bs are employer specific, but
– Concurrent H-1Bs are permitted, and
– H-1Bs are portable
– Part-time employment is permitted

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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 2008receiving over 180,000

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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

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H-1B petitions include:
– Form G-28
– Form I-129 with H supplements
– Certified Labor Conditions Application
(LCA)
– Supporting Documentation

Supporting Documentation
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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

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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)
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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

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

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E Visa
L Visa
O Visa
P Visa
R Visa
B-1 Visa
TN Visa
E-3 Visa

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Take a long vacation
Temporarily change to visitor visa
Automatic extension of student status
Temporarily change to a nonimmigrant 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 Everify employer
J-1 training visa

Requirements:
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Full-time employment
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Attainment of DOL Labor Certification
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Ability to pay
Availability of Immigrant visa number

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No Labor Cert Required
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Outstanding Professors & Researchers
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Aliens of Extraordinary Ability
- Top of their field

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Publications
Presentations at International
Symposia
Judging the Work of others
International Prizes
Patents
Contribution of Original Research in the field

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Labor Cert Usually Required
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Advanced Degree Professional
- Job requires a degree beyond a BA

NO Labor Cert Required
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Seeking employment in an area of
“ substantial intrinsic merit ”
The benefit will be national in scope
The national interest would be adversely affected if a labor cert were required

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Labor Cert Required
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Aliens who hold Bachelor ’ s degrees and are members of the professions
Aliens capable of performing skilled labor
Aliens capable of performing unskilled labor

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

Questions?
Please contact our office for further information:
Donoghuev@mail.montclair.edu