Post on 31-Dec-2015
description
IMMIGRATION OPTIONS FOR
INTERNATIONAL STUDENTS
Presented to D’Youville College by
LAW OFFICE OF ROSANNA BERARDI, P.C.
ROSANNA BERARDI, ESQ.
Formers INS Inspector at Peace Bridge, Lewiston Bridge & Rainbow Bridge
Former INS Trial Attorney in New York City Former Immigration Attorney at SUNY Buffalo Former Senior Associate at large corporate firm Managing Partner of The Law Office of Rosanna
Berardi, P.C.
A Case Study: NANCY SMITH, DYC STUDENT
Nancy is a Canadian citizen She is attending DYC to obtain a BA
degree in Nursing She is registered for 12 credit hours &
commutes from Canada Goal: to permanently work in the U.S.
NANCY’S F-1 STATUS
Nancy enters the U.S. as an F-1 student She must take 12 credit hours per
semester She must have her I-20 signed on a yearly
basis She must complete her studies by “date of
completion”
CAN NANCY WORK IN F-1 STATUS?
YES AND NO!
RULE: No employment during 1st academic year except for “on-campus” employment which can begin immediately
ON-CAMPUS EMPLOYMENT RULES
Can work on school premises or at off-campus location which is “educationally affiliated” with school
20 hours per week during school session 40 hours per week during
semester/summer session Does NOT require CIS authorization
CAN NANCY WORK OFF-CAMPUS??? OPT RULES
OPT is permission to work in a job related to your area of study;
You must be in valid F-1 status and complete TWO full-time academic semesters
OPT application must be approved by CIS OPT can be used for part-time employment or
full-time employment during semester breaks
OPT DEADLINES
OPT application must be received by CIS before “course of completion date” stated on Part 5 of your Form I-20
You should apply at least 90 days prior to your employment start date
CURRICULAR PRACTICAL TRAINING (“CPT”)
CPT is employment related to an internship, co-op or field placement that is “integral” to your field of study
CPT does NOT require CIS approval; rather, approval must come from DYC
Hurray! Nancy graduates from DYC with a BA degree.
Can she work in the U.S.???
MAYBE Nancy has three options:
1) OPT
2) TN status per NAFTA treaty
3) H-1B status
TN NONIMMIGRANT STATUS (NAFTA TREATY)
NAFTA treaty provides for certain professionals to work in U.S.
Occupation must be listed on treaty Nancy must submit:
1) proof of Canadian citizenship2) offer of employment from U.S. employer3) proof of nursing license in Canada and state of
intended employment4) Visa Screen Certificate
VISA SCREEN CERTIFICATE FOR HEALTH-CARE PROFESSIONALS
Congress requires health-care professionals to present a visa-screen certificate when seeking admission to U.S.
Applies to Nurses, Physical Therapists, Occupational Therapists, Speech Pathologists, Audiologists, Medical Technologists, Physician Assistants
Can take up to SIX MONTHS to obtain; apply early!
H-1B NONIMMIGRANT STATUS
Category for individuals who hold a BA degree and work in a position that requires a BA degree
Congress limits the number of H-1Bs each year
H-1B requirements
Nancy will need to show:1) offer of employment that indicates a BA degree is typically required2) proof of her BA degree3)employer will have to fill out a series of forms4) proof that H-1B number is available
NANCY WOULD LIKE A “GREEN CARD”
Green card status=ability to live & work in U.S. permanently
Three ways to obtain a green card:1) through family sponsorship
2) through employment sponsorship
3) through the Diversity Lottery (not available to Canadian citizens)
GREEN CARDS THROUGH FAMILY
Nancy can obtain a green card if she has an “immediate relative” (U.S. citizen spouse, parent and/or child) sponsor her
Depending on her sponsor, there can be a substantial wait for a green card as the gov’t limits the numbers each year
Green Cards Through Employment
More realistically, Nancy can be sponsored for green card status via a U.S. employer
Several ways for employment sponsorship, some of which require a testing of the U.S. job market over an extended period of time and proof of unavailable U.S. workers
GREEN CARDS THROUGH EMPLOYMENT (CON’TD)
Other methods of obtaining green cards through employment exist for Nurses, Individuals of Extraordinary Ability, Outstanding Researchers or Professors and Investors
These categories do not require a testing of the job market.
CONCLUSION
Don’t delay…your career is too important to wait until the last minute. U.S. immigration law requires careful planning.
Be mindful of important deadlines. Keep in regular contact with your
international student office. Call our office anytime for a consultation.
LAW OFFICE OF ROSANNA BERARDI, P.C.
We are experts at border-crossing issues. We have daily contact with local border
officials. Our cases are rapidly processed at the
Peace Bridge. “Cross the Border with Confidence” with
Rosanna Berardi.