Visa Options After Graduation
Non-Immigrant



OIS
Indiana University
October 18, 2005
SESSION GOALS
 Familiarity
with U.S. visa system
 Discussion
of non-immigrant
employment options
 Long-term
career planning
Non-Immigrant


Letters A-V: B-1/B-2, F-1/F-2, J-1/J-2
Non-immigrant work visas:
– F-1 Practical Training
– J -1 Academic Training
– J -1 Faculty or Researcher
– J -2 Spouse or Child
– H-1 Specialty Occupation
– O-1 Extraordinary
– TN (Treaty NAFTA --Canada/Mexico)
– E-3 Specialty Occupation (Australia)
 NO
ADVERTISING REQUIREMENTS
 NO COMPARISON TO US APPLICANTS
 PART TIME OR FULL TIME
F-1 Practical Training
ADVANTAGES
 Easy to process
 Valid up to 12 mos
 No job offer needed
 No salary issue (see
H-1)
 Not employer
specific
LIMITATIONS
 Hard to renew visa
abroad
 90 days minimum
process at USCIS
J-1 Academic Training
ADVANTAGES







Auth. by sponsor
No specific
employer
Valid up to 18
mos.
36 mos. for postdocs
Can be part time
J -2 can apply
work auth. from
USCIS
No salary issue
LIMITATIONS
 Some sponsors don’t
authorize
 Must have job offer in
field
 Hard to renew visa
abroad
 Bar on change to J
researcher
J-1Researcher/Teaching
ADVANTAGES
LIMITATIONS

Valid up to 3
years (5 years)
 Can be part time
 J -2 can apply for
work auth. from
USCIS
 No salary issue






Employer specific
J -1 Programs only
Not for tenure track
May give 2-year res.
requirement
No H or green card if
2 year residence
applies
Not for J -1 students
J -2 Employment
For
spouse/child
No specific employer
Can be part time/full-time
Must apply to USCIS
One year max. at a time (?)
TN (Treaty NAFTA)
Canada/Mexico
ADVANTAGES
 Easy processing
 Unlimited
extensions
 No salary issue
LIMITATIONS
 Canadian/Mexican
citizens only
 Limited to List of
Professions
 Spouse cannot work
 One year at a time
 Travel problems if
immigrant intent
H-1B (SPECIALTY WORKER)
ADVANTAGES
 Easy to get visa
abroad
 Six years total
 Mult. H’s for mult.
employers
 Premium Processing
Option
 Portability
LIMITATIONS
 Numerical cap***
 Employer-specific
 Job must require a
bachelor’s degree
 Field of study must
be same as job
 H-4 cannot work
 Minimum salary
Labor Condition Application
(LCA)


Establishes salary conditions with the
Department of Labor (NOT USCIS) for
H-1B visa.
Has no relationship to Labor Certification
(LC) and permanent residence application.
Labor Condition Application
(LCA) --- Dept. of Labor
 Worker
paid actual wage paid to all
other workers, OR prevailing wage,
whichever is higher.
 No effect on working conditions of
those similarly employed
 No strike, lockout, or work
stoppage
 Notice provided to other workers
at worksite
H-1B Visa Petition (USCIS)
 Document
that position requires a
professional.
 Document that foreign national
fulfills position requirements.
 Submit application with approved
LCA
**May apply up to 6 months in
advance of start date
H-1B Cap
 Cap
of 65,000 set by Congress
 Cap year runs 10/01 to 09/30 each year
 Last year’s cap reached on 10/1/04
 This year’s cap reached in August prior to
start of new cap year.
 Congress provided 20,000 cap exemption
for those with U.S. masters degrees and
higher
 Set-asides for Chile and Singapore
Exemptions from the numerical cap:
– Institution of higher education or a related
or affiliated nonprofit entity; nonprofit
research organization; governmental
research organizations
– Anyone counted against the cap at some
point during the previous six years
– Extensions or amendments of H (with some
exceptions)
H-1B Fees
 $190
application fee
 $500
anti-fraud detection fee
 $1,500
employer training fee ($750
for employers with 25 or fewer fulltime employees)
E-3
 Like
H-1, Australians only
 10,500/year
 Dependents
can apply for
employment authorization
Other Non-immigrant Visas for
Work
 E-1
 E-2
L
O
P
Susie Student, AY 2005-06



Sends out
resumes
Applies
Interviews

Feb. 2006
April 2006

April 2006


May 2006
June 2006

Oct. 2006

Applies for OPT
Offered job by ABC Co. (related to
her studies),
Employer files H-1 petition for her,
requesting validity dates of
10/01/06-09/30/09
Graduates
Starts employment on F-1OPT,
valid 6/1/06 - 5/31/2007
Becomes H-1 10/01/06
Susie Student, AY 2005-06
Sends out
resumes
 Applies
 Interviews
 Feb. 2006
 May 2006
 October 14, 2006
 October 15, 2006


April 1, 2007

June 2006
Applies for OPT
Graduates
Offered job by ABC Co.
Starts work on OPT valid
6/06-6/07
ABC Co. submits H-1
petition with start date of
October 1, 2007.
????
Susie Student, AY 2005-06
Sends out resumes
 applies
 interviews

March 2006: Offered job by ABC
 ABC starts H-1 petition process to begin
as of 10/01/2006
 Graduates May 2006, visits home
country
 August 2006:
H-1 approved to
begin 10/01/06

Susie Student AY 2005-06

Sends out resumes
Applies
Interviews

February 2006:

March 2006:
Offered job by Enormous State
University

March 2006:
ESU submits H-1 petition with
start date of 08/01/2006

Graduates May 2006, with OPT approved 07/0606/07

August 1, 2006: Becomes H-1


Applies OPT
What to say to Employers
 You
can work in U.S. without green
card!
– Practical Training (12 mos/18 mos)
– H-1B (up to 6 years)
– J -1 research/teaching (up to 3/5 years)
– O-1 if can prove exceptional ability
– No advertising required!
– Does not matter if US Citizens have applied!
IU SEARCH Resource
List
Sign-up for OPT
Sessions.
 Check out the Int’l
Services Web Page
 Network with
alumni
 Visit all career
offices




(graduating F-1’s)
See especially
“Employment and
Training”
SPEA, BPO, CDC have
many resources
GOOD LUCK!
Visa Options After Graduation
Immigrant

OIS
Indiana University

October 18, 2005

SESSION GOALS
 Familiarity
with U.S. visa system
 Discussion
of routes to permanent
 Long-term
career planning
residence
Who is an Immigrant ?
 Legal
Permanent Residents
 Green Card holders
 Whoever has “I-551” stamp in
passport
 Resident Aliens
 PR
Note: Not the same as
CITIZENSHIP
Immigrant Visas:
Employment-Based
– EB-1. Extraordinary Ability; Outstanding
Researcher/Professor
– EB-2. Labor Certification Advanced Degree;
National Interest Waiver
– EB-3. Labor Certification Bachelors or Skilled
Worker
– EB-4. Special Immigrants and Religious
Workers
– EB-5. Employment Creation
Immigrant Visa Categories
Family-Based
FB-1 Unmarried child under 21 of USC.
FB-2 Family of PR
A. Spouse/minor child of PR.
B. Unmarried child over 21 of PR.
FB-3 Married child of USC.
FB-4 Brother/sister of USC.
Immigrant Visas: No Quota
(Unlimited Number Available)*

Spouse of USC.

Parents of USC age 21 or over

Unmarried children under 21 of USC

DV Lottery winners (separate quota)
 *Unless
2 year requirement applies
Diversity Immigrant Visa
Program (DV-Lottery)
Application Period: 10/5/05 – 12/05/05.
 Can ONLY submit electronically, not by
paper.
 Some countries not eligible to participate.
 For more information, see:

http://travel.state.gov/visa/immigra
nts/types/types_1318.html
Diversity Immigrant Visa Program (DV-2007)
Countries NOT eligible to apply:
CANADA, CHINA (mainland-born), COLOMBIA,
DOMINICAN REPUBLIC, EL SALVADOR, HAITI,
INDIA, JAMAICA, MEXICO, PAKISTAN,
PHILIPPINES, POLAND, RUSSIA, SOUTH
KOREA, UNITED KINGDOM (except Northern
Ireland) and its dependent territories, and VIETNAM
Persons born in Hong Kong SAR, Macao SAR, and
Taiwan are eligible.
Routes to Employment-Based
Permanent Residence:
1: LABOR CERTIFICATION
A. Labor Certification application
B. I-140 petition
C. Form I-485 for Permanent Residence
2: I-140 PETITION
A. I-140 based on Outstanding,
Extraordinary, National Interest Waiver
B. Form I-485 for Permanent Residence
Labor Certification
A determination by the Department of
Labor that no qualified USC or PR is
available and able to accept the
position.
1.
2.
3.
Filed with the Department of Labor as
one step towards permanent
residence
Has no relationship with LCA nonimmigrant (H-1B) visa.
Always requires advertising.
LABOR CERTIFICATION
TEACHING (Special Handling)
–No re-advertising
–Can hire best qualified, not just
minimum
–Normally no salary issue
LABOR CERTIFICATION
NON-TEACHING
–Extensive advertising requirements
beyond initial ad
–No experience/qualifications count if
gained in the position
–Only minimum requirements
–Salary requirements
PERM
A
new electronic Labor certification
filing procedure, effective March 28,
2005
 Processing
within 60 days?
Peter Professor
Labor Certification
Peter has Practical Training through
August 2006.
 February, 2006: Applies for faculty
position advertised in the Chronicle.
 April, 2006: Offered position, H-1B
papers filed to start August 2006.
 May, 2006: “Special Handling” Labor
Certification process started by
school/attorney using original ad and
recruitment report.
 July 2006: Labor Certification approved,
I-140 filed.

Betty Brilliant
Labor Certification
Betty has job as Financial Analyst with ESU,
has H-1B valid through 9/07.
 March 2006: ESU decides to sponsor for green
card, places ads, job order with Dept of Labor,
internal posting, etc.
 June 2006: ESU screens applicants, no one
meets job requirements but Betty.
Documentation collected.
 July 2006: Labor Certification filed.
 September 2006: Labor Cert approved.-> ->

Betty Brilliant continued!
October 2006: U.B. files I-140
 October/Nov 2006: Betty files for PR
along with her husband and daughter.
 June 2007: ESU applies for extension of
Betty’s H-1 OR Betty applies for EAD
based on PR application
 September 2007: I-140 approved
 December 2007: Betty and family given
permanent residence.

Timeline for Labor Cert.:

File Labor Certification with Labor (2
months)
– teaching – file within 18 months of offer;
– non-teaching – file 30-180 days after
completing recruitment
File form I-140 with USCIS (3-24
months).
 File form I-485--PR application if visa
number available

I-140 PETITION
Bypassing Dept of Labor, file I-140
immigrant petition directly with the
USCIS (No Labor Certification
necessary):
1. Extraordinary
 2. Outstanding Professor/
Researcher
 3. National Interest Waiver

I-140: Outstanding Prof./Res.
–3 years experience
–Publications
–Original contributions
–employer-specific
–“permanent position”
–teaching or research
–no salary issue
–no advertisement
I-140: National Interest
Waiver
– Advanced degree +2 years
– National interest
– Publications, established in field
– Key role in research
– Can be self-filed
– Non-permanent job
– No salary issue
– No advertisement
– Why in national interest not to
advertise
Timeline for I-140:
 1.
File Form I-140 with the USCIS
(3-20 months)
 2. File I-485 PR application if visa
number available
OR:
 File
both I-140 AND I-485 for PR
at same time--only if sure I-140
will be approved and visa number
available
Susie Summit
H-1B status:
10/2005 - 9/2008
I-140 filed as Outstanding
Researcher:
December 2006

I-140 approved:
February 2007

Susie files for PR
Sept. 2007


Gets EAD or extends H-1 as needed
Simon Smart
 H-1B
status:
 Employer
 I-140
12/2004 -12/2007
files I-140 for Outstanding:
Jan. 2006
Approved:
 Simon files for PR:
 PR approved:
June 2006
June 2006
Dec. 2006
–Continues employment under H-1B visa
Can you apply to adjust status to
PR?
•
In most cases, once the I-140 is filed
you are eligible to apply for
adjustment to PR status, by filing
Form I-485
•
However, the law requires that an
Immigrant Visa Number be available
for your country in the appropriate
employment-based category at the
time the I-485 is filed
Per Country Limits
•
Immigration Act of 1965 strictly prohibits
discrimination in the issuance of immigrant
visa numbers based on country of birth or
nationality.
•
All countries are therefore treated equally
(given an equal number of immigrant visa
numbers), despite their relative populations
and numbers of highly-skilled workers
coming to the U.S.
Employment-Based Visa
Numbers
•
•
•
•
•
EB-1:
EB-2:
EB-3:
EB-4:
EB-5:
40,000
40,000
40,000
10,000
10,000
per
per
per
per
per
year
year
year
year
year
• EB-1 gets visas unused by EB-4 and EB-5 (if any).
• The EB-2 then gets the remainder not used by the
EB-1 (if any).
• Finally, the EB-3 get the remainder not used by
the EB-2 (if any).
• Numbers not used by one country may be used by
other countries.
The Priority Date
•
Form I-485 (the actual application for
PR) cannot be filed unless the priority
date is current
•
Priority date = your “place in line” for
an immigrant visa number.
•
Date that a Labor Certification
application was first filed;
OR
•
Date I-140 filed when Labor
Certification not required
Visa Bulletin
•
Visa Bulletin is issued monthly by the
Department of State. Controls the
total number of employment-based
visas each year
•
Summarizes which priority dates have
an immigrant visa number available to
them in the current month
These workers can file Form I-485
and/or receive an immigrant visa
travel.state.gov/visa/frvi/bulletin/bulle
tin_1360.html
Eligible to file for PR but priority
date not current
•
Individuals must maintain nonimmigrant
status and employment authorization while
waiting for the priority date to become
current
•
Although normally people can only hold H1B status for a total of 6 years, if Labor
Certification or I-140 was filed at least one
year before the end of the sixth year in H
status, the H-1B and any H-4 dependents
qualify for extensions as long as necessary.
Impact of October 2005
Regression
•
Backlogs in the 3rd preference in all
chargeability areas
•
Backlogs for China and India in the 1st
and 2nd preference
•
Further backlogs expected for other
nationalities, perhaps as early as
January 2006
•
Virtually impossible to predict how
quickly they will move – as they are
projections
Impact -•
If an I-485 is filed and is pending
when the priority date regresses, the
government puts it on hold and will
not resume working on it until the
priority date for that application once
again becomes current.
•
People whose I-485s have been
accepted by USCIS can continue to
apply for employment authorization
and advance parole (travel
permission).
Eligible to file for PR but priority
date not current
•
Individuals must maintain nonimmigrant
status and employment authorization while
waiting for the priority date to become
current
•
Although normally people can only hold H1B status for a total of 6 years, if Labor
Certification or I-140 was filed at least one
year before the end of the sixth year in H
status, the H-1B and any H-4 dependents
qualify for extensions as long as necessary.
Eligible to file for PR but priority
date not current
•
Individuals must maintain nonimmigrant
status and employment authorization while
waiting for the priority date to become
current
•
Although normally people can only hold H1B status for a total of 6 years, if Labor
Certification or I-140 was filed at least one
year before the end of the sixth year in H
status, the H-1B and any H-4 dependents
qualify for extensions as long as necessary.
Special Notes affecting PR
quota and processing
 Can
extend H-1B beyond 6 years if
Labor Certification or I-140 filed
before end of 5th year in H.
 Individuals with I-485 pending
over 180 days may change jobs or
employers, as long as new job is in
same or similar occupational
classification.
Susie Summit
H-1B status:
10/2005 - 9/2008
 I-140 filed as Outstanding
Researcher:
December 2006
 I-140 approved:
February 2007
 Susie’s priority date not current.

 Extends
H-1 as needed
Remember….
 Labor
Certification or I-140
applications or approvals do NOT
automatically give you work
permission or permission to stay in
the U.S.