Transition from Campus to the Workplace International Students: Transition from Campus to the Workplace Thursday, February 19, 2015 Lisa T. Felix, Esq. Klasko Immigration Law Partners, LLP P HILADELPHIA N EW Y ORK C HICAGO

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.

Klasko Immigration Law Partners, LLP 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

Klasko Immigration Law Partners, LLP 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!

Klasko Immigration Law Partners, LLP 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

Klasko Immigration Law Partners, LLP 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

Klasko Immigration Law Partners, LLP 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

Klasko Immigration Law Partners, LLP 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:  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

Klasko Immigration Law Partners, LLP Sample EAD

Klasko Immigration Law Partners, LLP 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

Klasko Immigration Law Partners, LLP 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

Klasko Immigration Law Partners, LLP Cap-Gap Extensions Employer has filed an H-1B petition H-1B petition is “pending” has been selected in the lottery

Klasko Immigration Law Partners, LLP Beyond OPT Nonimmigrant employment options  H-1B Immigrant employment options

Klasko Immigration Law Partners, LLP 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 For more information, visit

Klasko Immigration Law Partners, LLP 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 For more information, visit

Klasko Immigration Law Partners, LLP 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) For more information, visit

Klasko Immigration Law Partners, LLP 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’ For more information, visit

Klasko Immigration Law Partners, LLP 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 For more information, visit

Klasko Immigration Law Partners, LLP H-1B Quota For more information, visit 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

Klasko Immigration Law Partners, LLP H-1B Quota For more information, visit 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)

Klasko Immigration Law Partners, LLP 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 For more information, visit

Klasko Immigration Law Partners, LLP Avoiding the H-1B Quota Exemption based on employee  Previously counted (in last 6 years)  Singapore/Chile  Concurrent employment (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP 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 Travel and Status Issues for H-1B Approvals

Klasko Immigration Law Partners, LLP 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) For more information, visit

Klasko Immigration Law Partners, LLP 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 For more information, visit

Klasko Immigration Law Partners, LLP 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 For more information, visit

Klasko Immigration Law Partners, LLP How Do I Qualify? Family Investment Asylum Employment DV Lottery For more information, visit

Klasko Immigration Law Partners, LLP 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

Klasko Immigration Law Partners, LLP Nonimmigrant to Immigrant F-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) For more information, visit

Klasko Immigration Law Partners, LLP Nonimmigrant to Immigrant H-1B – change employer, requires new petition may start working under ‘H-1B portability’ 4 th 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? For more information, visit

Klasko Immigration Law Partners, LLP Materials Please visit to download this PowerPoint presentation and relevant articles. For more information, visit

Klasko Immigration Law Partners, LLP For more information, visit

Klasko Immigration Law Partners, LLP Lisa T. Felix, Esq Klasko Immigration Law Partners, LLP P HILADELPHIA N EW Y ORK C HICAGO For Further Information

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Klasko Immigration Law Partners, LLP 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 © All rights reserved.