IMMIGRATION
OPTIONS FOR
INTERNATIONAL
STUDENTS
Presented to D’Youville College by
LAW OFFICE OF ROSANNA
BERARDI, P.C.
ROSANNA BERARDI, ESQ.
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Formers INS Inspector at Peace Bridge,
Lewiston Bridge & Rainbow Bridge
Former INS Trial Attorney in New York City
Former Immigration Attorney at SUNY Buffalo
Former Senior Associate at large corporate firm
Managing Partner of The Law Office of Rosanna
Berardi, P.C.
A Case Study:
NANCY SMITH, DYC STUDENT
Nancy is a Canadian citizen
 She is attending DYC to obtain a BA
degree in Nursing
 She is registered for 12 credit hours &
commutes from Canada
 Goal: to permanently work in the U.S.

NANCY’S F-1 STATUS
Nancy enters the U.S. as an F-1 student
 She must take 12 credit hours per
semester
 She must have her I-20 signed on a yearly
basis
 She must complete her studies by “date of
completion”

CAN NANCY WORK IN F-1
STATUS?
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YES AND NO!
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RULE: No employment during 1st
academic year except for “on-campus”
employment which can begin immediately
ON-CAMPUS EMPLOYMENT
RULES
Can work on school premises or at offcampus location which is “educationally
affiliated” with school
 20 hours per week during school session
 40 hours per week during
semester/summer session
 Does NOT require CIS authorization
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CAN NANCY WORK OFF-CAMPUS???
OPT RULES
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OPT is permission to work in a job related to
your area of study;
You must be in valid F-1 status and complete
TWO full-time academic semesters
OPT application must be approved by CIS
OPT can be used for part-time employment or
full-time employment during semester breaks
OPT DEADLINES
OPT application must be received by CIS
before “course of completion date” stated
on Part 5 of your Form I-20
 You should apply at least 90 days prior to
your employment start date
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CURRICULAR PRACTICAL
TRAINING (“CPT”)
CPT is employment related to an
internship, co-op or field placement that is
“integral” to your field of study
 CPT does NOT require CIS approval;
rather, approval must come from DYC
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Hurray! Nancy graduates from DYC with a BA
degree.
Can she work in the U.S.???
MAYBE
 Nancy has three options:
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1) OPT
2) TN status per NAFTA treaty
3) H-1B status
TN NONIMMIGRANT STATUS
(NAFTA TREATY)
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NAFTA treaty provides for certain professionals
to work in U.S.
Occupation must be listed on treaty
Nancy must submit:
1) proof of Canadian citizenship
2) offer of employment from U.S. employer
3) proof of nursing license in Canada and state of
intended employment
4) Visa Screen Certificate
VISA SCREEN CERTIFICATE FOR
HEALTH-CARE PROFESSIONALS
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Congress requires health-care professionals to
present a visa-screen certificate when seeking
admission to U.S.
Applies to Nurses, Physical Therapists,
Occupational Therapists, Speech Pathologists,
Audiologists, Medical Technologists, Physician
Assistants
Can take up to SIX MONTHS to obtain; apply
early!
H-1B NONIMMIGRANT
STATUS
Category for individuals who hold a BA
degree and work in a position that requires
a BA degree
 Congress limits the number of H-1Bs each
year
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H-1B requirements
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Nancy will need to show:
1) offer of employment that indicates a BA
degree is typically required
2) proof of her BA degree
3)employer will have to fill out a series of
forms
4) proof that H-1B number is available
NANCY WOULD LIKE A
“GREEN CARD”
Green card status=ability to live & work in
U.S. permanently
 Three ways to obtain a green card:
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1) through family sponsorship
2) through employment sponsorship
3) through the Diversity Lottery (not available to
Canadian citizens)
GREEN CARDS
THROUGH FAMILY
Nancy can obtain a green card if she has
an “immediate relative” (U.S. citizen
spouse, parent and/or child) sponsor her
 Depending on her sponsor, there can be a
substantial wait for a green card as the
gov’t limits the numbers each year
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Green Cards
Through Employment
More realistically, Nancy can be
sponsored for green card status via a U.S.
employer
 Several ways for employment
sponsorship, some of which require a
testing of the U.S. job market over an
extended period of time and proof of
unavailable U.S. workers
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GREEN CARDS
THROUGH EMPLOYMENT (CON’TD)
Other methods of obtaining green cards
through employment exist for Nurses,
Individuals of Extraordinary Ability,
Outstanding Researchers or Professors
and Investors
 These categories do not require a testing
of the job market.
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CONCLUSION
Don’t delay…your career is too important
to wait until the last minute. U.S.
immigration law requires careful planning.
 Be mindful of important deadlines.
 Keep in regular contact with your
international student office.
 Call our office anytime for a consultation.
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LAW OFFICE OF
ROSANNA BERARDI, P.C.
We are experts at border-crossing issues.
 We have daily contact with local border
officials.
 Our cases are rapidly processed at the
Peace Bridge.
 “Cross the Border with Confidence” with
Rosanna Berardi.
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