US Immigration Options: Life After the F-1 By: Furqan Sunny Azhar, Esq. Azhar & Azhar, PLLC 3010 Lyndon B. Johnson Fwy, Suite 650 Dallas, TX P: (972) F: (214)

Optional Practical Training (OPT) Directly related to course or studies Apply with USCIS 1 Year STEM extension 17 months Science, Tech, Eng. Math E-Verified Employer Can travel 60 day grace period

H-1B: Overview Professional Examples of Processionals: Engineer, Teacher, Financial Analyst, Accountant Examples of Non-Professionals: Cook, Book Keeper, Cashier 6 year maximum in 3 year increments Exceptions (recoupment, I-140) More than 1 employer Part time of full time Dual Intent Prevailing Wage H-4 (no work)

H-1B CAP 65,000 (5,400 for Singapore and 1,400 for Chile) 20,000 for Master’s Degree or Higher Cap Exempt Non-profit organization Universities and colleges Research organizations (non-profit or government) Transfer File on April 1 to begin on October 1 Cap Gap (F-1 and OPT extended, but need new I-20)

H-1B Fees $325 (I-129) $500 (Fraud) $750 or $1500 (Employee Training Fee) $1225 (Premium Processing – Optional) $290 (Family Members) Who has to pay these fees?

H-1B Portability Cap exempt Can begin work upon filing Lawfully admitted Non-frivolous Valid Status

H-1B Termination Notify USCIS Reasonable costs of return transportation Change of status (B-2, F-1, derivative)

TN Visa NAFTA Agreement List of occupations Spouse and children get TD status 3 years for Canadians and 1 year for Mexicans Non-immigrant intent Apply: Canadians at border Mexicans at consular post

E-1/E-2 E-1 = Treaty Trader Citizen of country Qualifying business 50% ownership Company’s trade must be with US E-2 = Treaty Investor Citizen of country 50% ownership Key employee Substantial investment Doing Business

R-1 Part of religious denomination for at least 2 years Qualifications 501(c)(3) Job offer in US Maximum of 5 years

J-1 Foreign medical graduates Training program Maximum 7 years 2-year foreign residency

Employment Based Immigrant Visas First Preference (Aliens of Extraordinary Ability, Outstanding Research and Professors, Multinational Managers and Executives) Second Preference (Bachelor’s + 5 years Progressive Experience, Master’s or Higher) Third Preference (Bachelor’s, Skilled Worker w/2 Years Experience) Fourth Preference (Special Immigrants) Fifth Preference (Employment Creation)

EB Visa Bulletin: March 2011

EB-2 and EB-3 Labor Certification I-140 Priority Date I-485

Family Based Immigration Immediate Relative Visa Bulletin: March 2011

What can an employer ask you? Are you legally authorized to work? Will you complete an I-9 form? Employer cannot based on race, color, religion, sex, or national origin. If I agree to pay you $60k, will you give the company $20k back?

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