U.S. Visa Options for Graduating Students

advertisement
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/
Download