Immigration Sponsorship
Options after OPT
Options after OPT
An information session presented by Boston University’s
International Students & Scholars Office
Guest speaker
Sharryn Ross
of Ross Silverman LLP
Presenters
Jeanne E. Kelley, Director, ISSO
James E. Leck, Associate Director for Student Services, ISSO
1
A
g
enda
g
F
1 STEM E t i f OPT
•
F
-
1 STEM E
x
t
ens
i
on
o
f OPT
• F-1 Cap-Gap Extension
• H-1B Classification
• Alternatives to the H-1B
•
Lawful Permanent Residence
•
Lawful Permanent Residence
• Q & A
2
Format and
Q
uestions
Q
• Presentation of each section
• Questions regarding that section
•
•
• Opportunity for questions at end of program
• Presenters and ISSO staff will remain to
entertain individual questions
3
F
-
1 STEM Extension
• Limited to
• Certain Science, Technology, Engineering
and Mathematics majors
• Students completing a period of F-1 Post-
completion Optional Practical Training (OPT)
El t b itd ith E
Vif
•
E
mp
l
oyer
mus
t b
e
reg
i
s
t
ere
d
w
ith E
-
V
er
if
y
• 17-month extension
l i d f l OT
• Must
app
l
y
pr
i
or
to
en
d
o
f
regu
l
ar
O
P
T
4
F
-
1 Ca
p
-
Ga
p
Extension
p
p
• Designed to fill the gap between the end of OPT
and the start of H
1B on October 1
st
and the start of H
-
1B on October 1
st
• If cap-subject employer files H-1B requesting
change of status and October 1
st
start date while
change of status and October 1
start date while
OPT is valid:
• F-1 status is extended until 10
/
1
/
• OPT employment authorization also extended
until 10/1
• If H-1B is filed during 60-day grace period:
• F-1 status is extended until 10/1
5
• OPT employment authorization NOT extended
F
-
1 STEM and Ca
p
-
Ga
p
Extensions
p
p
• Keep documentation of your employment
because… You may not accrue periods of
inactivity or unemployment
N th 90 d d i l OPT
•
N
o
more
th
an
90 d
ays
d
ur
i
ng
regu
l
ar
OPT
• No more than 120 days overall if STEM extension is
a
pp
roved
pp
6
Q
uestions?
Q
7
H
-
1B Classification
• Overview of the H-1 Classification
• Temporary worker in a "specialty occupation“
• The position must require at least a bachelor’s degree in a
specific field
specific field
• The employee (YOU) must possess at least a bachelor’s
degree (or equivalent) in the field of specialization
• Employer sponsored
• Employer pays most application fees
lbilld i
•Emp
l
oyer su
b
m
i
ts a
ll
d
ocumentat
i
on to government
agencies on behalf of employee
8
H
-
1B Classification
• Limitations
•
Six (6) year limit on holding H
-
1B status
•
Six (6) year limit on holding H
-
1B status
• Up to three years, initially
• Extension up to three additional years
9
H
-
1B Classification
• H-1B “Cap”
•65
,
000 each fiscal
y
ear
(g
overnment’s fiscal
y
ear
,y(g y
which begins on October 1
st
)
• 20,000 additional for those who earned master’s
degree or higher from U S institutions
degree or higher from U
.
S
.
institutions
• All employers subject to the cap EXCEPT:
• Institutions of Hi
g
her Education
g
• Higher Ed affiliated non-profit entities
• Non-profit research organizations
• Government research organizations
• The FY 2011 Cap was reached in January
10
• The FY 2012 Cap has not yet been reached
H
-
1B Classification
• The H-1B Application Process
• Prevailing Wage
• Labor Condition Application (LCA)
• USCIS Petition
• Timing of the application
• How long does the process take?
• Premium processing
• When to begin discussing sponsorship with the
employer
•
Concurrent and part
-
time employment
11
•
Concurrent and part
time employment
H
-
1B Ca
p
A
pp
lication Processin
g
Timeline
ppp g
6 months
6 months
Begin the H-1B
process at least
six months prior
to the filin
g
date
April 1
st
Earliest date to
file for an
October 1
st
October 1
st
Start date of
H-1B status
g
of April 1st
start date
12
Q
uestions?
Q
13
Alternatives to the H
-
1B
• Citizenship-based alternatives
•
T
N
(
NAFTA
)
: Canada
,
Mexico
() ,
• H-1B1 (Free Trade Temporary Worker): Singapore, Chile
• E-3 (Specialty Occupation Worker): Australia
•
Employment/Activity
-
based alternatives
Employment/Activity
based alternatives
• J-1 Exchange Visitor
• Research Scholar
• Professo
r
• Short-term Scholar
• Specialist
•Trainee
• O-1 Workers of Extraordinary Abilit
y
• P-1, P-2, P-3 – Artists and athletes
• Q-1 International cultural exchange employment
14
• R-1 Religious worker
Q
uestions?
Q
15
Lawful U.S. Permanent Residence
(
“Green Card”
)
()
• Paths to permanent residence?
Di it l tt
•
Di
vers
it
y
l
o
tt
er
y
• Family-based petitions
•
Refugee/Asylee
•
Refugee/Asylee
• Employment-based
16
Lawful Permanent Residence
(
“Green Card”
)
()
• Approximately 140,000 employment-based
immi
g
rants
p
er
y
ear as limited b
y
U.S. la
w
gpy y
• Divided among five (5) employment-based
categories.
categories.
• First Preference (EB-1) - 28.6% (40,040)
• Aliens of Extraordinary Ability
• Outstanding Professor or Researcher
• Certain multinational executives and managers
•
Second Preference (EB
-
2)
-
28.6% (40,040)
Second Preference (EB
2)
28.6% (40,040)
• Members of the professions holding advanced degrees
• Aliens of exceptional ability in the sciences, arts, or
business
17
business
Lawful Permanent Residence
(
“Green Card”
)
()
• Third Preference (EB-3)
•
Professionals and skilled workers (requiring 2 or more
•
Professionals and skilled workers (requiring 2 or more
years of specific education, training, or experience - 28.6%
(40,040)
•Other
(
unskilled
)
workers
–
10
,
000
()
,
• Fourth Preference (EB-4) - 7.1% (9,940)
• Certain special immigrants
• Fifth Preference (EB-5) - 7.1% (9,940)
• Employment creation, for immigrants who invest in a new
commercial enterprise that will benefit the U.S. economy
commercial enterprise that will benefit the U.S. economy
and create at least 10 full-time jobs for U.S. workers
18
Lawful Permanent Residence
(
“Green Card”
)
()
• Employment-Based Categories
•
EB
-
1 (First Preference)
•
EB
-
1 (First Preference)
• Aliens with extraordinary ability
• No labor certification, no job offer required
Mt h tht h t di bilit i th i t
•
M
us
t
s
h
ow
th
a
t
you
h
ave
ex
t
raor
di
nary
a
bilit
y
i
n
th
e
sc
i
ences,
ar
t
s,
education, business or athletics which has been demonstrated by
sustained national or international acclaim and your achievements
must have been recognized in the field through extensive
documentation.
A
vailable onl
y
f
or those who have risen to the to
p
o
f
yf p f
their field.
• Outstanding professors and researchers
• No labor certification, job offer required
• Must show that you are internationally recognized as outstanding in
a specific academic field.
• 3 years of teaching and/or research experience, generally post-Ph.D.
19
Lawful Permanent Residence
(
“Green Card”
)
()
• EB-2 (Second Preference)
•
Members of professions holding advanced degrees
•
Members of professions holding advanced degrees
• Labor certification required, job offer or national interest
waiver* required
•
Aliens with exceptional ability in the arts sciences or
•
Aliens with exceptional ability in the arts
,
sciences or
business
• Labor certification required, job offer or national interest
waiver required
waiver required
• An individual with at least 10 years of experience in the
field, with expertise significantly above that ordinarily
encountered in the sciences, arts or business
* The National Interest Waiver: requirement of a job offer from a U.S.
employer can be waived if the services of an alien who qualifies under
the employment
-
based second preference are determined to be in the
20
the employment
-
based second preference are determined to be in the
"national interest."
Lawful Permanent Residence
(
“Green Card”
)
()
• Labor Certification establishes that
Th i i h b l d i d
•
Th
e
pos
i
t
i
on
h
as
b
een
proper
l
y
a
d
vert
i
se
d
• There are no minimally qualified U.S. workers who are
w
illin
g
and able to take the
p
osition
gp
• Employment of a foreign worker will not adversely
affect the wages and working conditions of similarly
employed U S workers
employed U
.
S
.
workers
• Labor Certification is filed through a system
called PERM
called PERM
21
Lawful Permanent Residence
(
“Green Card”
)
()
• Summary
•
Categories requiring PERM Labor Certification
Categories requiring PERM Labor Certification
• EB-2 Advanced degree holder
• EB-3 Skilled worker or professional
• Categories that do NOT require PERM Labor Certification
• EB-1 Extraordinary Ability – must prove they continue to work in
the field
the field
• EB-1 Outstanding Professor or Researcher – must have an offer
of a tenure track teaching or research position
•
EB
-
2 Advanced degree holder
–
must show that their work is in
EB
2 Advanced degree holder
must show that their work is in
the national interest
• EB-2 Exceptional Ability in Arts, Sciences or Business – must
show that their work is in the national interest
22
Lawful Permanent Residence
(
“Green Card”
)
()
• The application process
L b C tifi ti bt i d f D t t f
•
L
a
b
or
C
er
tifi
ca
ti
on
o
bt
a
i
ne
d f
rom
D
epar
t
men
t
o
f
Labor through PERM
• Employer petitions USCIS (Form I-140)
• Employee submits application for adjustment of
status (Form I-485)
lbiilliif
These
are filed
together
•Emp
l
oyee su
b
m
i
ts opt
i
ona
l
app
li
cat
i
on
f
or
employment authorization (I-765) to be authorized to
work while I-485 is pending
together
when a
visa is
available
• Employee may also submit application for Advanced
Parole for travel outside the U.S. (Form I-131)
23
Lawful Permanent Residence
(
“Green Card”
)
()
• Timing of the application
•
How long does the process take?
•
How long does the process take?
• When to begin discussing sponsorship with the employer
• Other timing considerations
• Who pays for what?
• PERM process
• I-140 Petition
• I-485 Application
•
I
-
765 EAD application
I
765 EAD application
• I-131 Advanced Parole
• Attorney/legal fees
24
Loss of Em
p
lo
y
ment – Remainin
g
in U.S.
py
g
• Dependent status (spouse, child)
• Visitor Status
• Returnin
g
to school
g
These options will likely require the
b f h f
su
b
mission
o
f
a
c
h
ange
o
f
status
application to USCIS
25
Closin
g
Thou
g
hts
gg
26
Contact Information
Sharryn E Ross
Sharryn E
.
Ross
Ross Silverman LLP
59 Tem
p
le Place, Suite 605
p
Boston , MA 02111
Phone: (617) 542
5111
Phone: (617) 542
-
5111
Fax: (617) 542-2331
Email: sross
@
rsll
p
.net
@p
27
Q
uestions?
Q
28