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.