Immigration Options for International Students

Immigration Options for International StudentsPaula Forero, Esq.

April 6, 2017

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Agenda

• Understanding the Department of Homeland Security • Alphabet city: Visas for students• Temporary work visas• Permanent work visas • Call to action

Department of Homeland Security

Service offered United States Citizenship & Immigration Services

Immigration and Customs Enforcement

U.S. Customs & Border Protection

Benefits applications X

Immigration enforcement X

Movement of people & goods

X

Preventing terrorism X

Border security X

Trade X

Travel X

Roadmap

If Annika is a college student in Country Yolo and she wants to spend a semester studying in the United States which government agencies does she have to get clearance from?

Alphabet city: Visas for students

F1: academic studies• Academic studies including English as a second language• Maintain minimum course load• Part-time on-campus employment• Optional Practical Training (OPT) for 1 year after graduation• Complete studies by expiration of I-20

Alphabet city: Visas for students

J1: practical training• Practical training not available in home country• Similar work restrictions

M1: non-academic/vocational studies• Not permitted to work • Must prove financial resources

Now that Annika has graduated what are her options?

Roadmap

CPT vs OPTCurricular Practical Training Optional Practical TrainingOffered by employer though agreement with the school

Pre or post completion training

Part of established curriculum Need DSO approval, get work authorizationCan be full-time and not restricted to 20 hours/week

Pre completion: 20 hours per week, but can be full-time during breaks

At least one year completed, exception for graduate students

Available twice during academic career, 12 month intervals

If complete one year or more of full-time CPT cannot do post-completion OPT

STEM OPT•24 month STEM OPT extension (1-time extension)•Must be in post-completion OPT•Must be related to degree•May be unemployed for up to 150 days

Travel for F1 Students•During F1 status• 5-month rule: cannot be out of school or abroad for five months• May travel but always need I-20, valid passport• No travel during 60-day grace period (if not completing OPT)•After completion of studies:• No job offer and OPT not approved may travel• Job offer and OPT approved may travel• No job offer and OPT approved, cannot reenter as F1, do not travel

• H visas• H1B: Specialty Occupation

• Valid for three years, based on education• H1B1: FTA for Chileans or Singaporeans

• Requires four-year degree• H2A: Temporary Agricultural Worker

• Limited to designated countries• H2B:Temporary Non-Agricultural Worker

• Limited to designated countries• H3: Trainee or Special Education Visitor

• Training not available at home (excludes medical)• H4: Dependent family of H1B

• May be eligible for employment authorization

Temporary work visas

H1B visas• 65,000 cap• 6,800 for Singaporeans and Chileans• 20,000 additional visas for Masters or higher• Non profits and higher education are exempt from cap and can apply at

any time• Can be extended for another 3 years • Must pay prevailing wage• No premium processing this year

H1B visas• Cap-gap : bridging the gap between F1 and H1B• If OPT expires before September 30, the time between end of OPT

and October 1 is the cap-gap• Extension of F1 to cover the gap may be possible • (this applies only to H1B cap cases, not cap-exempt)• Not possible if filed H1B in 60-day grace period after OPT expires

Changes to H1B program

•Executive order possible?• Premium processing cancelled•Accountability and transparency

• L visa: Intracompany Transferee• Managerial/Executive transfer from abroad to US office• Worked for one year out of the last three

• O: Individual with Extraordinary Ability or Achievement• Extraordinary ability or achievement• Extraordinary recognized achievement• Also individuals supporting either of the above

Temporary work visas

• P visas• P1: Individual, Team Athlete, or Member of Entertainment Group• P2: Artist or Entertainer• P3: Artist or Entertainer

• Q: Participant in and International Cultural Exchange• Sharing of history, culture, exchange between countries, international cultural

exchange program

Temporary work visas

Roadmap

And what if Annika wants to remain in the United States?

Permanent work visasVisa Category Description Labor Certification

EB1 Extraordinary abilityOutstanding researchersMultinational executives and managers

No

EB2 Advanced degrees or exceptional ability Yes * (exception)

EB3 Professionals, skilled workers Yes

EB4 Special immigrant categories No

EB5 Investors who invest $500,000 to $1 million in a new commercial venture creating at least 10 full-time US jobs

No

Call to action•Volunteer for service organizations that can use your language and professional skills (marketing, operations, etc.)• CUNY Citizenship Now: Assistance completing citizenship applications• http://www1.cuny.edu/sites/citizenship-now/events/ • Asian Americans for Equality• http://www.aafe.org/get-involved-2 •Adhikaar: Human Rights & Social Justice for all• http://www.adhikaar.org/ • Black Alliance for Just Immigration• http://blackalliance.org/

Resources•Study in the States: https://studyinthestates.dhs.gov/students-determining-stem-opt-extension-eligibility

•OPT FAQs Baruch College: https://www.baruch.cuny.edu/issc/OPT_FAQ.htm

•STEM Designated Degree: https://www.ice.gov/sites/default/files/documents/Document/2016/stem-list.pdf

Thank you

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