Transition from Campus to the Workplace International Students: Transition from Campus to the...

International Students:Transition from Campus

to the Workplace

Thursday, February 19, 2015

Lisa T. Felix, Esq.

Klasko Immigration Law Partners, LLPPHILADELPHIA NEW YORK CHICAGO

www.klaskolaw.com

Klasko Immigration Law Partners, LLP

Lisa T. Felix, Esq.

Lisa Felix represents corporate and educational clients who seek to hire or transfer foreign employees, as well as foreign individuals seeking employment in the United States. She advises employers on immigration compliance, responding to government investigations, and immigration strategy and planning.

Before practicing as an attorney, Lisa worked extensively in higher education, providing immigration services to students, faculty, researchers, and administrators at the University of Pennsylvania, the State University of New York at Buffalo, and at Southern Illinois University–Carbondale’s branch campus in Niigata, Japan.

Lisa is an active member of the American Immigration Lawyers Association, where she has served as co-chair of the AILA Philadelphia Chapter's Pro Bono Committee, and on the organizing committee of the chapter’s annual conference. Lisa is a returning member of NAFSA: Association of International Educators.

Lisa is a 2005 graduate of Temple University’s Beasley School of Law.

http://www.klaskolaw.com/our-team.php?action=view&id=35


Agenda

OPT and CPT Extensions for STEM fields and “cap-gap” H-1B Other employment based non-immigrant

status Introduction to Permanent Residency Q&As

For more information, visit www.klaskolaw.com

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=GUPK1kB2YFTytM&tbnid=pW0IyAE21tx7TM:&ved=0CAUQjRw&url=http://www.duidefenselawyervirginia.com/667503/2013/03/20/immigrant-vs-non-immigrant-visas.html&ei=LKldUoXlEvb-4APc94GQAQ&bvm=bv.53899372,d.dmg&psig=AFQjCNHj32EVEP8TNrz6Bk3xpO2GrzpTdw&ust=1381956211056819


CPT – The Basics

Off-campus work authorization Integral part of the academic curriculum

Before graduation For credit Required by your program Other

Eligibility after 9 months of full-time study No time limit… but!


CPT – The Basics

Specific job and employer Paid or unpaid How-to:

Authorized by your school = free! Employment authorization is noted on the I-20


OPT – The Basics Off-campus work authorization Eligibility after 9 months of full-time study Optional, for practical experience in your

academic field Maximum of 12 months

Per degree level Full-time vs. part-time STEM extensions


OPT – The Basics

Not specific to a job or employer No offer required Multiple jobs are OK

Paid or unpaid > 90 days of unemployment not permitted Pre- or post-completion


OPT – The Basics How-to apply:

Initiated by your school, then authorized by USCIS I-765 Application submitted by mail + filing fee, photos, etc. You will receive an employment authorization card Best to be sure of your address!

When to apply: 90-120 Days in advance You choose your start date Received by USCIS up to 60 days after program completion OPT will end 14 months after program completion 60-day grace period for F-1 students


Sample EAD


Post-completion OPT Your status is still F-1

SEVIS reporting requirements Travel

Valid passport Valid F-1 visa stamp – what if it’s expired? Valid I-20 – with travel signature Valid OPT card Proof of employment


STEM Extension

Additional 17 months STEM fields Employer must be an E-Verify employer Application must be received by the USCIS

before your current OPT expires


Cap-Gap Extensions

Employer has filed an H-1B petition H-1B petition is “pending” has been selected in the lottery


Beyond OPT

Nonimmigrant employment options H-1B

Immigrant employment options


Non-Immigrant vs. Immigrant

Non-Immigrant Visa (NIV) H, F, J, O, etc. Limited duration Specific to employer/institution Specific to purpose (work/study/tourism)

Immigrant Visa Green Card/Permanent Residency



Non-Immigrant Visas

Non-Immigrant Status (NIV) H, F, J, O, etc. Limited duration Specific to employer / institution Specific to purpose (work/study/tourism) May require a showing of non-immigrant intent



Maintaining Lawful Status

‘Status’ Permission to remain in the U.S. for a fixed period Denoted by ‘I-94’ card (for Fs – with I-20; for Js – with

DS-2019) Permissible activities in the U.S. determined by status Can only hold status in one classification at a time

(i.e. - cannot have an F and an H)



H-1B Visas

H-1B: ‘specialty occupation’ Employer petition on your behalf Legal/filing fees to be paid by employer Position that normally requires at least a

bachelors degree in a related field Employer must agree to pay ‘prevailing wage’



H-1B Visas

Part-time or full-time Length of approval Extensions Portability Maximum in H status 6 years total CAP on number of H-1Bs issued each year



H-1B Quota


What is it and what does it mean? 65,000 H-1Bs

FY 2014 gone on April 1-5 (Lottery) FY 2013 gone by June 11, 2012 FY 2012 gone by November 22, 2011 FY 2011 gone by January 26, 2011 FY 2010 gone by December 2009 FY 2009 gone by April 2008 FY 2008 gone by April 2007


H-1B Quota


20,000 for US awarded advanced degrees FY 2014 gone on April 1-5 (Lottery) FY 2013 gone by June 7, 2012 FY 2012 gone by October 19, 2011 FY 2011 gone by December 22, 2010 FY 2010 gone on April 1-5 (Lottery) FY 2009 gone on April 1-5 (Lottery)

(cont’d)


Avoiding the H-1B Quota

Exemption based on employer Universities Non-profits affiliated with universities

Increased scrutiny of affiliations

Non-profit research organizations Government research organizations



Avoiding the H-1B Quota

Exemption based on employee Previously counted (in last 6 years) Singapore/Chile Concurrent employment

(cont’d)



Change of status vs. consular visa issuance Visa – Permission to re-enter the U.S. after a trip

abroad (stamp in passport) Need visa in specific classification to re-enter in that

status Status – Permission to remain in the U.S. for a fixed

period (denoted by ‘I-94’ card and I-20 or DS-2019) Only hold status in one classification at a time

(i.e. – cannot have an F and an H)For more information, visit www.klaskolaw.com

Travel and Status Issues for H-1B Approvals


Travel and Status Issues

Travel after April 1 Depart US, relinquish I-94 F visa to come back to use OPT? What about H? What happens to petition?

Maintaining status until October 1 “Cap gap” relief OPT must be valid at time H-1B petition is filed Extends only until September 30

(cont’d)



H-1B Alternatives

TN – for citizens of Canada and Mexico J-1 – for academic or cultural exchange L-1 – intracompany transferees E visas – treaty traders, treaty investors,

Australians O visas – extraordinary ability or achievement



Permanent Residence

Authorization to live & work indefinitely in the United States

“Immigrant Visa” The “Green Card” or “Form I-551” Not always ‘forever’ – may be abandoned or

taken away



How Do I Qualify?

Family Investment Asylum Employment DV Lottery



Considerations in Employment Based Applications

Employer-sponsored or self-sponsored Employment-based preference categories

When to start thinking about it Multi-Step Process

Department of Labor? USCIS: I-140 USCIS: I-485

What about your non-immigrant status?For more information, visit www.klaskolaw.com


Nonimmigrant to ImmigrantF-1 – attend school

F-1 OPT – start work

H-1B/L-1 – continue working;max 6 years total in H, 7 in L

H-1B – change employer, continues to count against 6 years maximum (L trickier to change)



Nonimmigrant to ImmigrantH-1B – change employer, requires new petition may

start working under ‘H-1B portability’

4th Year H-1B status – start thinking about LPR

Maintain NIV status until LPR

6 years in H-1B, other options? Eligible to file adjustment of status?



Materials

Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles.



Lisa T. Felix, Esq.

[email protected]

215.825.8600


PHILADELPHIA NEW YORK CHICAGO

For Further Information


www.klaskolaw.com

www.eb1immigration.com

www.worksite-compliance.com

www.eb5immigration.com

http://blog.klaskolaw.com

online


DISCLAIMER / COPYRIGHT NOTICE

The materials contained in this PowerPoint does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

Copyright © 2015 Klasko Immigration Law Partners, LLP.All rights reserved.

Copyright © 2015. All rights reserved.

Transition from Campus to the Workplace International Students: Transition from Campus to the...

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