Planning Several Steps Ahead! (Immigration Status After OPT)
Planning Several Steps Ahead! (Immigration Status After OPT)
Planning Several Steps Ahead! (Immigration Status After OPT)
Fall 2010
* ALSO: Asylum/Refugee
What are the rules?
4 basic ways to obtain a green card
1. Employment
www.smartbusinesspractices.com
1. Employment
Step 3 Post-OPT job search options
a. H-1B [6 yrs]
Requirements
• A job offer w/ a company with a “proven
track record,”
• For a position that requires at least a 4 yr
college degree, and
• You have the required degree
1. Employment
Step 3 Post-OPT job search options
a. H-1B
Features
• Subject to the 85,000 quota--lottery
• H-1B quota exempt jobs
– Employed at U.S. institution of higher education, or
related non-profit entity
– Employed at non-profit research organization or
(federal) government research organization
1. Employment
Step 3 Post-OPT job search options
b. E-1/E-2 [2yrs or 4 yrs or 5 yrs+]
Requirements
• Treaty between your country and U.S.
• U.S. company that hires you owned by
people or a company of your nationality
• White collar, skilled job
d. TN [3 yrs+]
Requirements
• From Canada or Mexico
• Job-title specific – see list
1. Employment
Step 3 Post-OPT job search options
e. L-1A/L-1B [7 yrs / 5 yrs]
Requirements
• Work overseas 1 full year,
• Transfer to affiliated U.S. company or branch office
• L-1A: manager or executive
• L-1B: specialized knowledge
– Inside info
* Leads to green card shortcut – EB1 jackpot!
1. Employment
Step 3 Post-OPT job search options
Even more options
• R-1 — religious worker [5 yrs]
• G — international organizations [vary]
• O-1 — Extraordinary Ability [vary]
• P-1— Athlete/Entertainer [vary]
• A — ambassador / embassy [vary]
• I — journalist visa [vary]
1. Employment
Step 4 Employment-based green cards
No labor certification required [no advertising]
• EB-1—intra-company transferee
• Job offer required (L-1A; perhaps E-1 / E-2)
• EB-1—extraordinary ability
• No job offer required
• EB-1—outstanding professor/researcher
• Job offer required—permanent position
• 3 yrs experience
• Evidence (see glossy booklet)
1. Employment
Step 4 Employment-based green cards
No labor certification required [no advertising]
http://www.vanblk.com/documents/
ImmigrationLawsforBusinessBooklet05.pdf
www.facebook.com/immigration.art
2. Marriage 3. DV Lottery
2nd & 3rd of 4 ways to get a green card
2. Marriage (immediate)
Step 1 F-1 or J-1
Step 2 Green card based on marriage to U.S. citizen
3. Diversity lottery
Step 1 F-1 or J-1
Step 2 Green card based on diversity lottery
Features
• 50,000 places each year for citizens of countries with few immigrants
to the U.S
• If you are legal, apply through www.travel.state.gov during eligibility
period
• Winners should act very carefully within one-year window of
4. Family (Preference)
4th of 4 ways to obtain a green card
4. Family-based (preference)
Step 1 F-1 or J-1
Step 2 Green card based on family member in U.S.
Categories
• Unmarried sons and daughters (21+) of U.S. citizens
• Spouses, children, and unmarried sons and daughters (21+) of
LPRs
• Married sons and daughters (21+) of U.S. citizens
• Siblings of adult U.S. citizens
Slide of Shame
• It is a shame when U.S. employers ask an
international student to explain U.S.
immigration law!
• SHAME!
• Don’t waste time— you focus on getting hired;
let your school or an immigration lawyer
explain the law!
What should you say?
http://www.vanblk.com/Resources/documents/
ImmigrationGuideToHiringStudents11242008.pdf
www.facebook.com/immigration.art
“We Don't Sponsor” REPLY?
“We don't sponsor H-1Bs or other work visas”
“We Only Hire Americans or Green Card Holders”
Reply
• “Any flexibility? 'Sponsoring' basically means
getting permission from immigration to put a
foreign-born person on a USA payroll.”
• “Once you get permission, you can treat me just
like an American or a Green Card worker!”
“We Don't Sponsor” REPLY?
“We don't sponsor H-1Bs or other work visas”
“We Only Hire Americans or Green Card Holders”
backlog to
LPR Citizenship
OPT Work H-1B or other lawful work status LPR
Status Enrolled in school
pending
www.facebook.com/immigration.art