Sumner Immigration Law PLLC CONFIDENTIAL 1

C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W

Visa Options Post-Graduation and Beyond

Overcoming Pitfalls & Obstacles on the Road to Success

info@sumnerimmigration.com

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C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W

INTRODUCTION

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Terminology

PassportVisaI-94 cardImmigrant (permanent residence)Non-immigrantUS citizen

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C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W

POST-GRADUATION VISA OPTIONS

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Typical Post-Graduation Progression

PERMANENT RESIDENCE

May take years! Multiple avenues

H-1B PetitionValid for up to 6 years total Can start green card

Optional Practical TrainingValid for up to 12 months STEM Extension – 17 months

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Optional Practical Training

What is it? Who is eligible? How long can I have it? STEM Extension – 17 months

E-Verify EmployerSTEM Major

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C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W

H-1B CLASSIFICATION

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H-1B: What you need to know

H-1B Cap!65,000 + 20,000 for US master’s degree holdersApril 1 filing date

What is the H-1B classification?Eligibility

US employer willing to sponsor (pay fees)Specialty occupation

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H-1B: What you need to know

Specialty occupation: professional position in which a bachelor’s degree in a specific field of study is the minimum requirement for entry into the profession. Examples:

BookkeeperQuality assurance analystScientific researcher

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H-1B: What you need to know

Required wage – what the employer must payPrevailing wageActual wage

Timing of H-1B Petition FilingFile April 1Start working in H-1B status October 1Cap Gap!

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H-1B: What you need to know

H-1B Cap Gap:Must have timely filed a change of status petition while still in F-1/OPTPetition must be accepted/approved Can keep working until 10/1 even though OPT expiredIf petition denied/revoked/not selected, this does not apply

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H-1B: What you need to know

H-1B PreparationLabor Condition Application (LCA) – up to 7 business days for certificationQuestionnaires, document checklists, forms draftedFile April 1Receipt in late April/MayDecision – make sure decided before 10/1

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H-1B: What you need to know

H-1B Approval:Valid for up to 3 years; can extend for another 3 yearsWhen travel, H-1B visa stampingCan start green card process while in H-1B status

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ALL ROADS LEAD TO THE GREEN CARD

F-1 STUDENTF-1

OPT/STEM Extension

J-1/O-1/H-1B

H-1B

PERM Fast Track (EB-1/NIW)

GREEN CARD!

OR

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Pathways to Permanent Residence

Employment-BasedFamily-BasedAsylum Diversity Visa

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Employment-Based Permanent Residence Options

PERM Labor CertificationPERM Special Handling – for university professors/instructorsFast-Track Green Cards:

EB-1 Alien of Extraordinary AbilityOutstanding Researcher/ProfessorNational Interest Waiver

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Permanent Residence Process

I-485Must wait for priority date to become current 4 months + in process

I-140 Petition2-3 weeks to prep 4-5 months in process

PERM Labor Certification3-4 months to prep 8 + months in process

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C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W

WHAT IS A PRIORITY DATE & WHY DOES IT MATTER?

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What is the Visa Bulletin?

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PERM Labor Certification

Must show no US worker able, willing, qualified, and available for the positionSpecific recruitment process:

Job orderNewspaper adsNotice of filingThree of ten other steps (online, radio, TV, on campus recruiting, etc.).

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I-140 Petition

Position availableBeneficiary meets requirements for positionAbility to pay

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I-485 Application for Permanent Residence

Admissibility issues – medical exam, maintained status, criminal issues, etc. Can apply for work permit (EAD) and travel permit at this stage

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Requirements for Fast-Track Green Card

Nobel Prize (major international award) Publications

Impact FactorsCitations

Presentations – national & internationalJudging the work of othersAwardsMembership in associationsPublished materials about your work

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Requirements Continued

Original contribution of major significance to the fieldLeading or critical role at distinguished organizationCommand high salary

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Obstacle # 1

I wasn’t selected in the H-1B lottery!

When does OPT end?Eligible for STEM Extension?Change status to another classificationFamily-based optionsStay in F-1 status (start new degree)

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Obstacle # 2

Does your current immigration status allow you to apply for permanent residence?

H-1B – yesO-1 – yes, generallyJ-1 – maybe

WaiverTiming – waiver and petition

TN - maybe

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Obstacle # 3

My priority date may never be current!

Cross-chargeabilityRetain priority dateTwo filings

Dr. K’s filings – example of success

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Obstacle # 4

Help! I’m running out of time in H-1B status (6 year limit)

Be proactive – plan ahead!Post-sixth year extension

I-140 filing – 365 daysI-140 petition approved

Premium processingChange of status (O-1?)Family-based option?

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Elements for Success

What are your long-term goals?Be willing to be flexible & think outside the boxFind an experienced immigration attorney you trust & feel comfortable with

info@sumnerimmigration.com

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C L A R I T Y A N D S T R E N G T H I N I M M I G R A T I O N L A W

QUESTIONS?INFO@SUMNERIMMIGRATION.COM