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Employment and Immigration Options

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Presentation on theme: "Employment and Immigration Options"— Presentation transcript:

1 Employment and Immigration Options
Kim Clarke 2/13/2017

2 Employment and Immigration Options
On-Campus Employment Curricular Practical Training (CPT) Optional Practical Training (OPT) H-1B — Specialty Occupation TN — NAFTA professional Employment Permanent Residence US Citizen Spouse Permanent Residence

3 On-Campus Employment Permitted as part of F-1 status
No need for SEVIS/USCIS authorization HR letter for social security number 20 hours/week or less while in session See Career Services about Work Study positions

4 Curricular Practical Training (CPT)
Employment must be related to program Valid F-1 status for one full academic year Internships and other opportunities Student and Department complete application and submit to Advisor/DSO Advisor/DSO process SEVIS authorization I-20 with CPT confirms authorization for employer Cumulative duration <365 days allows OPT

5 Optional Practical Training (OPT)
Employment must be related to program Valid F-1 status for one full academic year Result = 12 months US work authorization Requires EAD approval ( days processing) "Cap-gap" automatic extension after H-1B filed/accepted

6 Optional Practical Training (OPT)
Pre-Completion OPT Counts against post-completion OPT CPT is generally better option during program Post-Completion OPT Only 90 days unemployment permitted 24-month extension for STEM degrees/E-Verify employer and training plan

7 Optional Practical Training (OPT)
Student submits application to Advisor/DSO Advisor/DSO process SEVIS authorization Student files I-765 on-line/hard copy to USCIS within 30 days Template letters Biometrics EAD received in mail

8 Optional Practical Training (OPT)
Application window Up to 90 days prior to program completion Up to 60 days after program completion 90 day unemployment limit Minimum “employed” May be unpaid Minimum of 20 hours International Travel Need to file first Need employment to return if approved If resume studies, new I-20 discontinues OPT

9 H-1B Purpose To allow employers to hire foreign nationals qualified to perform "specialty occupations" ITS Accounting Finance Marketing Other technical/scientific positions

10 H-1B Requirements Bachelor degree or equivalent in specialized field
Position requires similar specialized degree Employer certifies to US DOL in labor condition application: Job classification Wage levels Work location

11 H-1B Process – Information Gathering
Collect Information Job title, description, work location and wage from Employer Credentials, immigration, biographic and family information from Employee Assess options H-1B qualified Time left on H-1B In valid immigration status Timing issues — CAP

12 H-1B Processing Timelines
Standard Processing: Approx 8 months Premium Processing: 15 days H-1B portability If in valid H status when petition filed May begin work with USCIS receipt notice Do not need to wait for approval notice

13 H-1B Duration 3 year initial term and extension 6 year maximum EXCEPT
If filed permanent residence before 6th year 1 year extensions beyond 6 years available if labor certification application filed 3 year extensions beyond 6 years available if immigrant visa approved

14 TN Purpose To allow employers to employ Canadian/Mexican professionals in specific categories including: Faculty Computer Systems Analysts Engineers Accountants Management Consultants Scientific Technologists Nurses — visa screen requirements

15 TN Requirements Canadian or Mexican citizenship
Bachelor degree in field related to category Management Consultant = degree or 5 years' experience Scientific Technologist 2 year scientific degree or training Work in support of degreed scientists/engineers Computer Systems Analyst Bachelor degree Post-secondary diploma/certificate plus 3 years’ experience

16 TN Process – Information Gathering
Collect Information Job title, description, work location, and wage from Employer Credentials, immigration, biographic and family information from Employee Assess options TN category available Process at border, consulate or service center

17 TN Processing Timelines
Border Processing - Canadians: Immediate Consulate Processing - Mexicans: 2 weeks USCIS Standard Processing: Approx 6 months USCIS Premium Processing: 15 days

18 TN Duration 3 year initial term and extensions May extend indefinitely
Mexican visa currently limited to 1 year duration 3 year PED so need to pay attention to I-94 expiration date May extend indefinitely If maintain ties to Canada/Mexico Often move to H-1B to facilitate permanent residence for long-term employees

19 International Travel Issues
Visa processing Complete at US Consulate outside US Online visa application preparation Documents related to visa category Travel to/re-enter from Canada/Mexico for trips less than 30 days with: USCIS approval notice Valid passport Expired visa Trump executive order issues

20 Employment Based Permanent Residence
Three steps Labor certification application Immigrant visa Adjustment of status

21 Labor Certification Application
Strategic step Recruitment Generally "no American worker minimally qualified" Processed with Department of Labor Current processing approx. 2-3 months

22 Immigrant Visa Confirm Employee meets requirements
Confirm Employer ability to pay Confirms preference category

23 Adjustment of Status Dependent on available visa number
EB-2 India/Chinese nationals EB-3 bachelor degree Review immigration/criminal history Travel restrictions if not in H or L visa status Results in permanent residence

24 US Citizen Spouse Permanent Residence
One step filing - Magic Interview to confirm validity of marriage Employment/travel authorization issued days Processed within approximately 6 months If within first 2 years of marriage when approved → 2 year conditional permanent residence and need to file petition to remove conditions US Citizenship application may be filed with 3 years permanent residence

25 Trump Administration Impact
Only current change is travel ban Rumored changes to H-1B program Increased wages Recruitment requirements Dependent employers Rumored changes to permanent residence Update recruitment requirements Increase wages Increased deportation/end DACA

26 Questions?

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