1. Visa Options After Graduation Non-Immigrant §OIS §Indiana University §February 26, 2003

2. SESSION GOALS §Familiarity with U.S. visa system §Discussion of non-immigrant employment options §Long-term career planning

3. Non-Immigrant §Letters A-V: B-1/B-2, F-1/F-2, J §Non-immigrant work visas: l F-1 Practical Training l J -1 Academic Training l J -1 Faculty or Researcher l J -2 Spouse or Child l H-1 Specialty Occupation l O-1 Extraordinary l TN (Treaty NAFTA --Canada/Mexico) NO ADVERTISING REQUIREMENTS NO COMPARISON TO US APPLICANTS PART TIME OR FULL TIME

4. F-1 Practical Training ADVANTAGES §Easy to process §Valid up to 12 mos §Can be part time §No job offer needed §No salary issue (see H-1) §Not employer specific LIMITATIONS §Hard to renew visa abroad §90 days minimum process at INS

5. J-1 Academic Training ADVANTAGES §Auth. by sponsor §No specific employer §Valid up to 18 mos. §36 mos. for post-docs §Can be part time §J -2 can apply work auth. from INS §No salary issue LIMITATIONS §Some sponsors don’t auth. §Must have job offer §Hard to renew visa abroad §Bar on change to J researcher

6. J-1Researcher/Teaching ADVANTAGES §Valid up to 3 years §Can be part time §J -2 can apply for work auth. from INS §No salary issue LIMITATIONS Employer specific J -1 Programs only Not for tenure track May give 2-year residence requirement No H or green card if 2 year residence applies Not for J -1 students

7. §For spouse/child §No specific employer §Can be part time/full-time §Must apply to INS §One year max. at a time J -2 Employment

8. TN (Treaty NAFTA) Canada ADVANTAGES §Border processing §Unlimited extensions §No salary issue LIMITATIONS §Canadian citizens only §Limited to List of Professions §Spouse cannot work §One year at a time §Travel problems if immigrant intent

9. H-1B (SPECIALTY WORKER) ADVANTAGES §Easy to get visa abroad §Six years total §Mult. H’s for mult. Jobs §Premium Processing Option LIMITATIONS Employer specific §Job must require a bachelor’s degree §Field of study must be same as job §H-4 cannot work §Numerical cap §Minimum salary §Employer fee: $1,000

10. Labor Condition Application (LCA) §Establishes salary conditions with the Department of Labor (NOT INS) for H-1B visa. §Has no relationship to Labor Certification (LC) and permanent residence application.

11. Labor Condition Application (LCA) --- Dept. of Labor §Worker paid actual wage paid to all other workers, OR prevailing wage, whichever is higher. §No affect on working conditions of those similarly employed §No strike, lockout, or work stoppage §Notice provided to other workers at worksite

12. H-1B Visa Petition (INS) §Document that position requires a professional. §If private company/corp., $1000.00 fee §Document that foreign national fulfills position requirements. §Submit application with approved LCA

13. Special Notes: H-B Visa §Cap of 195,000 for FY 2002 and 2003. §An exemption from the numerical cap for: l 1. Universities and research institutions l 2. Anyone who was in H-1 status during previous 6 years. l 3. If in H-1 status and changing jobs, can start work for new employer once new l H-1B application is filed with the INS (portability).

14. Other Non-immigrant Visas for Work §E-1 §E-2 §L §O §P

15. Susie Student, AY 2002-03 èSends out resumes èApplies èInterviews §Feb. 2003Applies for OPT §April 2003Offered job by ABC Co. (related to her studies) §May 2003Graduates §June 2003Starts employment on F-1OPT, valid 6/1/03 - 5/31/2004 §Nov. 2003Employer files H-1 petition for her, requesting validity dates of May 2004 - May 2007

16. Susie Student, AY 2002-03 èSends out resumes èApplies èInterviews §Feb. 2003Applies for OPT §May 2003Graduates §October 14, 2003Offered job by ABC Co. §October 15, 2003Starts work §March 2004 ABC Co. starts H-1 petition process,with start date of June 2004.

17. Susie Student, AY 2002-03 §Sends out resumes §applies §interviews §March 2003:Offered job by ABC §ABC starts H-1 petition process to begin as of 08/01/2003 §Graduates May 2003 §August 2003:H-1 approved

18. What to say to Employers §You can work in U.S. without green card! l Practical Training (12 mos/18 mos) l H-1B (up to 6 years) l J -1 research/teaching (up to 3 years) l No advertising required! l Does not matter if US Citizens have applied!

19. IU SEARCH Resource List §Sign-up for OPT Sessions. §Check out the Int’l Center Web Page §Sign up for OISJOBS- L (e-mail to Lschrade) §Network with alumni §Visit all career offices §(graduating F-1’s) §See especially “Employment and Training” §Get weekly suggestions or announcements §SPEA, BPO, CDC have many resources

20. Visa Options After Graduation Immigrant §OIS §Indiana University §February 26, 2003

21. SESSION GOALS §Familiarity with U.S. visa system §Discussion of routes to permanent residence §Long-term career planning

22. Who is an Immigrant ? §Legal Permanent Residents §Green Card holders §Whoever has “I-551” stamp in passport §Resident Aliens §PR Note: Not the same as CITIZENSHIP

23. Immigrant Visas: Employment-Based l 1. Extraordinary or Outstanding(EB-1) l 2. Advanced Degree National Interest(EB-2) l 3. Skilled Worker (EB-3) l 4. Special Immigrants and Religious Workers(EB-4) l 5. Employment Creation(EB-5)

24. Immigrant Visa Categories Family-Based 1.Unmarried child under 21 of USC. 2A. Spouse/minor child of PR. 2B. Unmarried child over 21 of PR. 3.Married child of USC. 4.Brother/Sister of USC.

25. Immigrant Visas: No Quota ( Unlimited Number Available) * §Spouse of USC. §Parents of USC age 21 or over §Unmarried children under 21 of USC §DV Lottery winners (separate quota) *Unless 2 year requirement applies

26. Diversity Immigrant Visa Program (DV-Lottery) §Application Period: October of each year. §Some countries not eligible to participate. §For more information, see: §http://travel.state.gov/http://travel.state.gov/

27. Diversity Immigrant Visa Program (DV-2004) Countries NOT eligible to apply: CANADA, CHINA (mainland, except Hong Kong S.A.R.), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM

28. Steps to Permanent Residence: Employment-Based Immigration §1: Labor Certification §2: I-140 petition §3: Form I-485 for Permanent Residence (Green Card), §OR §1. I-140 based on Outstanding, Extraordinary, National Interest §2. Form I-485 for Permanent Residence (Green Card). §NOTE: 1 & 2 may be filed simultaneously

29. Labor Certification A determination by the Department of Labor that no qualified USC or PR is available and able to accept the position. 1.Filed with the Department of Labor as one step towards permanent residence (green card) 2.Has no relationship with LCA non-immigrant (H-1B) visa. 3.Always requires advertising.

30. LABOR CERTIFICATION TEACHING l No re-advertising l Can hire best qualified, not just minimum l 6-24 month process l Normally no salary issue

31. LABOR CERTIFICATION NON-TEACHING (Reduction in Recruitment) l Must advertise at least twice over 6 month period l No experience/qualifications count if gained in the position l Only minimum requirements l Salary requirements l 9-24 month process

32. Peter Professor Labor Certification §Peter has Practical Training through August 2003. §February, 2003: Applies for faculty position advertised in the Chronicle. §April, 2003: Offered position, H-1B papers filed to start August 2003. §May, 2003: “Special Handling” Labor Certification process started by school/attorney using original ad and recruitment report. §6-24 Months after: Labor Certification approved.

33. Betty Brilliant Labor Certification §Betty has job as Financial Analyst with I.U., has H-1B valid through September 2005. §March 2003: I.U. decides to sponsor for green card, places 2 ads 30 days apart. § June 2003: I.U. screens applicants, no one meets job requirements but Betty. §July 2003: Copy of ads, recruitment report and applications sent to DOL. §9-24 months later: Labor Certification approved.

34. Timeline for Labor Cert.: §1. File Labor Certification with Labor(9-24 months). §2. File form I-140 with INS (3-6 months). §3. File form I-485--PR application (18-24 months).

35. Routes to Permanent Residence B. Filing I-140 immigrant petition with the INS (No Labor Certification necessary): §1. Extraordinary §2. Outstanding Professor/Researcher §3. National Interest Waiver

36. I-140: Outstanding Prof./Res. l 3 years post-doc research l Publications l Original contributions l employer-specific l “permanent position” l teaching or research l no salary issue l no advertisement

37. I-140: National Interest Waiver l Advanced degree +2 years l National interest l Publications, established in field l Key role in research l Can be self-filed l Non-permanent job l No salary issue l No advertisement

38. Timeline for I-140: §1. File Form I-140 with the INS (3-6 mos) §2. File I-485 PR application(18-24 months) §OR: §File both I-140 AND I-485 for PR at same time--only if I-140 sure to be approved.(18- 24 months).

39. Susie Summit §H-1B status:10/2002 - 9/2005 §Employer files Labor Cert:June 2003 § Labor Cert. approved:December 2004 §I-140 filed:December 2004 §I-140 approved: April 2005 §Susie files for PR before H-1B expires :Sept. 2005 Gets EAD or extends H-1 as needed

40. Simon Smart §H-1B status:10/2002 - 09/2005 §Employer files I-140 for Outstanding: Jan. 2003 §I-140 Approved:May 2003 §Simon files for PR:June 2003 §PR approved:Dec. 2004 l Continues employment under H-1B visa

41. Special Notes affecting PR quota and processing §Can extend H-1B beyond 6 years if Labor Certification or I-140 filed over 365 days before. §Individuals with I-140 or Labor Cert. pending over 180 days may change jobs or employers, as long as new job is in same or similar occupational classification.

42. Remember…. §Labor Certification or I-140 applications or approvals do NOT automatically give you work permission or permission to stay in the U.S.