Transition from Campus to the Workplace International Students: Transition from Campus to the Workplace Thursday, February 19, 2015 Lisa T. Felix, Esq.
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International Students:Transition from Campus
to the Workplace
Thursday, February 19, 2015
Lisa T. Felix, Esq.
Klasko Immigration Law Partners, LLPPHILADELPHIA NEW YORK CHICAGO
www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Lisa T. Felix, Esq.
Lisa Felix represents corporate and educational clients who seek to hire or transfer foreign employees, as well as foreign individuals seeking employment in the United States. She advises employers on immigration compliance, responding to government investigations, and immigration strategy and planning.
Before practicing as an attorney, Lisa worked extensively in higher education, providing immigration services to students, faculty, researchers, and administrators at the University of Pennsylvania, the State University of New York at Buffalo, and at Southern Illinois University–Carbondale’s branch campus in Niigata, Japan.
Lisa is an active member of the American Immigration Lawyers Association, where she has served as co-chair of the AILA Philadelphia Chapter's Pro Bono Committee, and on the organizing committee of the chapter’s annual conference. Lisa is a returning member of NAFSA: Association of International Educators.
Lisa is a 2005 graduate of Temple University’s Beasley School of Law.
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Agenda
OPT and CPT Extensions for STEM fields and “cap-gap” H-1B Other employment based non-immigrant
status Introduction to Permanent Residency Q&As
For more information, visit www.klaskolaw.com
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CPT – The Basics
Off-campus work authorization Integral part of the academic curriculum
Before graduation For credit Required by your program Other
Eligibility after 9 months of full-time study No time limit… but!
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CPT – The Basics
Specific job and employer Paid or unpaid How-to:
Authorized by your school = free! Employment authorization is noted on the I-20
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OPT – The Basics Off-campus work authorization Eligibility after 9 months of full-time study Optional, for practical experience in your
academic field Maximum of 12 months
Per degree level Full-time vs. part-time STEM extensions
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OPT – The Basics
Not specific to a job or employer No offer required Multiple jobs are OK
Paid or unpaid > 90 days of unemployment not permitted Pre- or post-completion
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OPT – The Basics How-to apply:
Initiated by your school, then authorized by USCIS I-765 Application submitted by mail + filing fee, photos, etc. You will receive an employment authorization card Best to be sure of your address!
When to apply: 90-120 Days in advance You choose your start date Received by USCIS up to 60 days after program completion OPT will end 14 months after program completion 60-day grace period for F-1 students
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Sample EAD
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Post-completion OPT Your status is still F-1
SEVIS reporting requirements Travel
Valid passport Valid F-1 visa stamp – what if it’s expired? Valid I-20 – with travel signature Valid OPT card Proof of employment
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STEM Extension
Additional 17 months STEM fields Employer must be an E-Verify employer Application must be received by the USCIS
before your current OPT expires
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Cap-Gap Extensions
Employer has filed an H-1B petition H-1B petition is “pending” has been selected in the lottery
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Beyond OPT
Nonimmigrant employment options H-1B
Immigrant employment options
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Non-Immigrant vs. Immigrant
Non-Immigrant Visa (NIV) H, F, J, O, etc. Limited duration Specific to employer/institution Specific to purpose (work/study/tourism)
Immigrant Visa Green Card/Permanent Residency
For more information, visit www.klaskolaw.com
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Non-Immigrant Visas
Non-Immigrant Status (NIV) H, F, J, O, etc. Limited duration Specific to employer / institution Specific to purpose (work/study/tourism) May require a showing of non-immigrant intent
For more information, visit www.klaskolaw.com
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Maintaining Lawful Status
‘Status’ Permission to remain in the U.S. for a fixed period Denoted by ‘I-94’ card (for Fs – with I-20; for Js – with
DS-2019) Permissible activities in the U.S. determined by status Can only hold status in one classification at a time
(i.e. - cannot have an F and an H)
For more information, visit www.klaskolaw.com
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H-1B Visas
H-1B: ‘specialty occupation’ Employer petition on your behalf Legal/filing fees to be paid by employer Position that normally requires at least a
bachelors degree in a related field Employer must agree to pay ‘prevailing wage’
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
H-1B Visas
Part-time or full-time Length of approval Extensions Portability Maximum in H status 6 years total CAP on number of H-1Bs issued each year
For more information, visit www.klaskolaw.com
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H-1B Quota
For more information, visit www.klaskolaw.com
What is it and what does it mean? 65,000 H-1Bs
FY 2014 gone on April 1-5 (Lottery) FY 2013 gone by June 11, 2012 FY 2012 gone by November 22, 2011 FY 2011 gone by January 26, 2011 FY 2010 gone by December 2009 FY 2009 gone by April 2008 FY 2008 gone by April 2007
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H-1B Quota
For more information, visit www.klaskolaw.com
20,000 for US awarded advanced degrees FY 2014 gone on April 1-5 (Lottery) FY 2013 gone by June 7, 2012 FY 2012 gone by October 19, 2011 FY 2011 gone by December 22, 2010 FY 2010 gone on April 1-5 (Lottery) FY 2009 gone on April 1-5 (Lottery)
(cont’d)
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Avoiding the H-1B Quota
Exemption based on employer Universities Non-profits affiliated with universities
Increased scrutiny of affiliations
Non-profit research organizations Government research organizations
For more information, visit www.klaskolaw.com
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Avoiding the H-1B Quota
Exemption based on employee Previously counted (in last 6 years) Singapore/Chile Concurrent employment
(cont’d)
For more information, visit www.klaskolaw.com
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Change of status vs. consular visa issuance Visa – Permission to re-enter the U.S. after a trip
abroad (stamp in passport) Need visa in specific classification to re-enter in that
status Status – Permission to remain in the U.S. for a fixed
period (denoted by ‘I-94’ card and I-20 or DS-2019) Only hold status in one classification at a time
(i.e. – cannot have an F and an H)For more information, visit www.klaskolaw.com
Travel and Status Issues for H-1B Approvals
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Travel and Status Issues
Travel after April 1 Depart US, relinquish I-94 F visa to come back to use OPT? What about H? What happens to petition?
Maintaining status until October 1 “Cap gap” relief OPT must be valid at time H-1B petition is filed Extends only until September 30
(cont’d)
For more information, visit www.klaskolaw.com
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H-1B Alternatives
TN – for citizens of Canada and Mexico J-1 – for academic or cultural exchange L-1 – intracompany transferees E visas – treaty traders, treaty investors,
Australians O visas – extraordinary ability or achievement
For more information, visit www.klaskolaw.com
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Permanent Residence
Authorization to live & work indefinitely in the United States
“Immigrant Visa” The “Green Card” or “Form I-551” Not always ‘forever’ – may be abandoned or
taken away
For more information, visit www.klaskolaw.com
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How Do I Qualify?
Family Investment Asylum Employment DV Lottery
For more information, visit www.klaskolaw.com
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Considerations in Employment Based Applications
Employer-sponsored or self-sponsored Employment-based preference categories
When to start thinking about it Multi-Step Process
Department of Labor? USCIS: I-140 USCIS: I-485
What about your non-immigrant status?For more information, visit www.klaskolaw.com
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Nonimmigrant to ImmigrantF-1 – attend school
F-1 OPT – start work
H-1B/L-1 – continue working;max 6 years total in H, 7 in L
H-1B – change employer, continues to count against 6 years maximum (L trickier to change)
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Nonimmigrant to ImmigrantH-1B – change employer, requires new petition may
start working under ‘H-1B portability’
4th Year H-1B status – start thinking about LPR
Maintain NIV status until LPR
6 years in H-1B, other options? Eligible to file adjustment of status?
For more information, visit www.klaskolaw.com
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Materials
Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles.
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Lisa T. Felix, Esq.
lfelix@klaskolaw.com
215.825.8600
Klasko Immigration Law Partners, LLP
PHILADELPHIA NEW YORK CHICAGO
For Further Information
Klasko Immigration Law Partners, LLP
www.klaskolaw.com
www.eb1immigration.com
www.worksite-compliance.com
www.eb5immigration.com
http://blog.klaskolaw.com
online
Klasko Immigration Law Partners, LLP
DISCLAIMER / COPYRIGHT NOTICE
The materials contained in this PowerPoint does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
Copyright © 2015 Klasko Immigration Law Partners, LLP.All rights reserved.
Copyright © 2015. All rights reserved.
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