U.S. Visa Options for Graduating Students Below are a few immigration options available to students, organized by type. Please use this handout for informational purposes. However, this handout is not meant to provide immigration advice and the information provided below is subject to change. Employment H-1B: Petition may be approved for six year maximum and may be extended. Dual intent allows visa holders to apply for green cards. Requires specialized B.A. degree. H-1B1: Category of H-1B visas under the U.S. –Chile Free Trade Agreement and the U.S. Singapore Free Trade Agreement provides relaxed credential requirements for certain professionals. TN: Canadians and Mexicans in eligible jobs may be admitted up to 3 years. Most professional jobs require a B.A. degree. E-3: Allows Australian nationals to perform services in a specialty occupation for two years at a time. Investment E-1: Treaty country national who carries on substantial trade between U.S. and foreign state which s/he is a treaty trader. E-2: Treaty country national who develops and direct the operations of an enterprise in which the alien has invested or is actively in the process of investing a substantial amount of capital. Training Family-Based 1 H-3: Temporary worker can receive training for up to 2 years in any field other than graduate medical education or training. Training can’t be in normal operation of business. J-1: Trainee program for up to 18 months in designated programs. o Internship program requires enrollment in degree institution outside the U.S. or graduation from such an institution no more than 12 months prior to start date of exchange program. o Trainee program requires degree or professional certificate from a foreign postsecondary academic institution and at least 1 year of prior related work experience in their occupational field outside the U.S. or 5 years of work experience outside the U.S. in their occupational field. Q-1: 15 month international educational cultural exchange to provide training and employment. U.S. Visa Options for Graduating Students Adjustment of Status: allows and individual to change from nonimmigrant to immigrant status if the individual was inspected and admitted or paroled into the U.S. Immigrant Visa: To obtain an immigrant visa, the foreign citizen must be outside the U.S. and be sponsored by an employer, or U.S. citizen or lawful permanent resident relative. After the immigrant petition is approved, s/he can apply for an immigrant visa at the consulate. Extraordinary/Talent 0-1: visa for person with extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or who has a demonstrated record of extraordinary achievement in the motion picture industry. P-1: Athletes and Group Entertainers o P-1A: Athlete or team/group of athletes who are internationally recognized o P-1B: Person who performs with or is an integral/essential part of an entertainment group that has been recognized as outstanding for a sustained and substantial period of time. P-3: Artists or entertainers may obtain this visa to perform, teach or coach in a culturally unique program that will further the understanding of the art form. EB-1: immigrant visa available to foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation and work will be continued in area of extraordinary ability and foreign nationals’ entry will substantially benefit the U.S. Employer/job offer not required. National Interest Waiver: Waiver available in EB-2 permanent resident category for criteria as follows: employment is in an area of substantial intrinsic merit; the benefit will be national in scope, and the national interest would be adversely affected if a labor certification was required. Vulnerable Visa Class Temporary Protected Status (TPS): status of 6 to 18 months providing work authorization to foreign nationals who have extraordinary and temporary country conditions preventing a safe return home. Asylum: Persons who have suffered persecution due to race, religion, nationality, membership in a particular social group or political opinion may apply within one year of arrival to the U.S. S, T, and U law enforcement visas: o S “Snitch” visa: may be eligible if have and supplying law enforcement with critical reliable information concerning criminal organization. o T for Trafficking Victims: Person subject to severe trafficking and are present in U.S. on account of the trafficking. Severe trafficking may include commercial sex act. 2 U.S. Visa Options for Graduating Students o U for Crime Victims: Person must have suffered substantial physical harm or mental abuse as a result of having been a victim of qualifying criminal activity; have credible and reliable information about the criminal activity; and be helpful to an investigation or prosecution of the criminal activity. VAWA: Allows spouse or child of a U.S. Citizen or lawful permanent resident, or the parent of a U.S. citizen, who is battered or subject to extreme cruelty to self-petition independently of the abusive U.S. citizen/ lawful permanent resident spouse or parent. Prepared by: Lisa N. Ellis Principal Attorney Ellis Immigration Law, LLC 1001 Fourth Avenue, Ste. 3200 Seattle, WA 98154 p: 206-684-9458 f: 206-374-2314 lellis@pacificimmigrationlaw.com www.pacificimmigrationlaw.com 3 Ursula Elspeth Owen International Scholar Advisor University of Washington Suite 240, Gerberding Hall Box 351270 Seattle, WA 98195 phone: (206) 543-1545 fax: 221-4622 email: ursako@uw.edu https://ap.washington.edu/ahr/contact/