Immigration for International Students Basic Rules.

Immigration for Immigration for International StudentsInternational Students

Basic RulesBasic Rules

Presented by:Presented by:

David A. M. Ware, attorney at lawDavid A. M. Ware, attorney at law

David Ware and AssociatesDavid Ware and Associates 800 537 0179 or 225 292 9091800 537 0179 or 225 292 9091 www.david-ware.comwww.david-ware.com [email protected]@david-ware.com Baton Rouge. Jackson. Metairie. Baton Rouge. Jackson. Metairie.

PensacolaPensacola

The Big The Big DOs DOs and and DON’TsDON’Ts

DON’TDON’T work off campus without work off campus without permission.permission.

DODO take advantage of legal work take advantage of legal work programs.programs.

DO DO apply for OPT apply for OPT before before graduation.graduation. DON’T DON’T leave US without intl. office leave US without intl. office

checking your documents and checking your documents and signing I-20.signing I-20.

DON’T DON’T forget to transfer properly.forget to transfer properly.

The Big The Big DOs DOs and and DON’TsDON’Ts

DO DO take a full course of studytake a full course of study.. DON’TDON’T drop below a full load without drop below a full load without

international international advisor’s permission.advisor’s permission. DO DO well in school.well in school. DON’T DON’T get kicked out.get kicked out. DO DO keep your I 20 and passport keep your I 20 and passport

valid.valid. DO DO advise school within 10 days of advise school within 10 days of

address change.address change.

Big Big DO’s DO’s and and DON’TsDON’Ts

DO DO go to your international advisor go to your international advisor with questions and problems.with questions and problems.

DO DO tell international advisor tell international advisor promptly if you are out of status.promptly if you are out of status.

DON’T DON’T rely on friends, rumors, or the rely on friends, rumors, or the internet.internet.

DON’T DON’T lie to the government.lie to the government. DON’T DON’T engage in criminal conduct.engage in criminal conduct.


EmploymentEmployment

Avoid working off-campus without Avoid working off-campus without permission. permission.

Five employment programs for F’s:Five employment programs for F’s:

ON CAMPUS:ON CAMPUS:

20 hours per week during school;20 hours per week during school;

40 hours per week during breaks/holidays.40 hours per week during breaks/holidays.


Off Campus EmploymentOff Campus EmploymentSEVERE ECONOMIC HARDSHIP:SEVERE ECONOMIC HARDSHIP: F-1 student for full academic year, and currently maintaining status.F-1 student for full academic year, and currently maintaining status. Hardship unforeseeable, arose Hardship unforeseeable, arose after entry, after entry, eg, currency fluctuations, eg, currency fluctuations,

medical bills, problem with sponsor, currency controls, natural medical bills, problem with sponsor, currency controls, natural disasterdisaster. .

SPECIAL STUDENT RELIEF: SPECIAL STUDENT RELIEF: DHS may designate students as eligible if receiving support from DHS may designate students as eligible if receiving support from

geographic areas undergoing natural, economic, political problems. geographic areas undergoing natural, economic, political problems. Current designation: students affected by Hurricane Katrina. Current designation: students affected by Hurricane Katrina. Students are allowed to apply full time on campus, or off campus Students are allowed to apply full time on campus, or off campus employment, and if granted such employment authorization, to employment, and if granted such employment authorization, to reduce their course load to six hours (undergrads) and three hours reduce their course load to six hours (undergrads) and three hours (grads). Students could apply for this relief until 2/1/06.(grads). Students could apply for this relief until 2/1/06.


Practical Training: Optional and CurricularPractical Training: Optional and Curricular Optional Practical Training Optional Practical Training

Application requirements:Application requirements:• Full time studentFull time student• Currently maintaining F-1 statusCurrently maintaining F-1 status• Have been a full time student at ICE Have been a full time student at ICE

approved school for about six months at approved school for about six months at time of applyingtime of applying

• Employment elated to degree programEmployment elated to degree program• Part time during school year; full time Part time during school year; full time

during breaks, summers, all but thesis during breaks, summers, all but thesis or dissertation, or after studiesor dissertation, or after studies

Basic RulesBasic Rules OPT (continued)OPT (continued)

If OPT after program of study is desired, If OPT after program of study is desired, you MUST apply you MUST apply beforebefore all degree all degree requirements completed.requirements completed.

Apply early! EAD can take four months.Apply early! EAD can take four months. One year OPT for each academic level One year OPT for each academic level

(Associate’s, Bachelor’s, Master’s, (Associate’s, Bachelor’s, Master’s, Professional, PhD). OPT can’t be “saved” Professional, PhD). OPT can’t be “saved” for future degree programs; very hard to for future degree programs; very hard to cancel after card received.cancel after card received.

One year OPT may be split as you desire, One year OPT may be split as you desire, eg, 3 months for each of four summers. eg, 3 months for each of four summers. Only practical if you plan carefully!Only practical if you plan carefully!

Basic RulesBasic Rules OPT (continued) OPT (continued)

Transfer or beginning full time study in Transfer or beginning full time study in new program automatically terminates new program automatically terminates OPT.OPT.

OPT should be viewed as unique OPT should be viewed as unique opportunity to get US experience and/or opportunity to get US experience and/or an entrée into US job market—don’t an entrée into US job market—don’t waste it!waste it!

Starting your own business while on Starting your own business while on OPT usually a dead end: can’t self OPT usually a dead end: can’t self sponsor for work visa, PR. However, sponsor for work visa, PR. However, SOME may be eligible for E 2 visa.SOME may be eligible for E 2 visa.


Curricular Practical TrainingCurricular Practical Training Integral part of established curriculumIntegral part of established curriculum Whether for credit or not, should appear in course catalogueWhether for credit or not, should appear in course catalogue Can be internship, practicum, coop, work/study, or similar Can be internship, practicum, coop, work/study, or similar

programprogram REQUIREMENTS:REQUIREMENTS: Full time studentFull time student Attended ICE approved school for full academic year, except Attended ICE approved school for full academic year, except

certain grad studentscertain grad students Currently in F-1 statusCurrently in F-1 status Available full time summer and vacationAvailable full time summer and vacation Part time during school yearPart time during school year One year or more in full-time CPT or two years of part-time CPT One year or more in full-time CPT or two years of part-time CPT

makes you ineligible for OPTmakes you ineligible for OPT Must have job offerMust have job offer CPT is endorsed directly onto I 20 by advisor; no application with CPT is endorsed directly onto I 20 by advisor; no application with

USCIS necessaryUSCIS necessary

Basic RulesBasic Rules Leaving the countryLeaving the country

Always notify your advisor.Always notify your advisor. Must have an endorsed I-20 for reentry.Must have an endorsed I-20 for reentry. Must have valid F visa for reentry (except Canadians and as Must have valid F visa for reentry (except Canadians and as

noted below).noted below). Must have valid passport for reentry. Must have valid passport for reentry.

If going to Canada, Mexico, or adjacent islands for less than If going to Canada, Mexico, or adjacent islands for less than

30 days, UNLESS for visa application, may reenter with 30 days, UNLESS for visa application, may reenter with original I-94, old expired visa in valid passport, and original I-94, old expired visa in valid passport, and endorsed I-20, EXCEPT those from N. Korea, Libya, Sudan, endorsed I-20, EXCEPT those from N. Korea, Libya, Sudan, Syria, Iran, Cuba, Iraq.Syria, Iran, Cuba, Iraq.

Keep original I-94 if going on short trip to Canada, Mexico or Keep original I-94 if going on short trip to Canada, Mexico or adjacent islands. Otherwise always good to keep copy of all adjacent islands. Otherwise always good to keep copy of all I-94’s.I-94’s.

Basic Rules Basic Rules Leaving the country Leaving the country (continued)(continued)

Grace periods for departure:Grace periods for departure:• 60 days for student who completed 60 days for student who completed

course of study and any authorized course of study and any authorized practical training.practical training.

• 15 days for student authorized by 15 days for student authorized by

advisor to withdraw from classes.advisor to withdraw from classes.

• No departure period if withdrawal No departure period if withdrawal without advisor permission.without advisor permission.

Leaving the Country:Leaving the Country:Getting a New VisaGetting a New Visa

Must show strong ties to home country; this can be a Must show strong ties to home country; this can be a problem if your country is in turmoil, has economic or social problem if your country is in turmoil, has economic or social problems.problems.

NEVER apply for new F visa while on OPT; harder to show NEVER apply for new F visa while on OPT; harder to show ties.ties.

NVARS.com can be used for visa appointments in Canada; NVARS.com can be used for visa appointments in Canada; new software system soon. Mexico: visa-usa.com.mx.new software system soon. Mexico: visa-usa.com.mx.

““List of 27” males generally cannot process in Mexico or List of 27” males generally cannot process in Mexico or Canada; usually have lengthy security check.Canada; usually have lengthy security check.

Others may also have security checks, eg technology Others may also have security checks, eg technology transfer; fields with applications to terrorism.transfer; fields with applications to terrorism.

Fingerprinting for any reason, especially criminal charges, Fingerprinting for any reason, especially criminal charges, whether or not dismissed, may result in delay.whether or not dismissed, may result in delay.

Because of greatly tightened visa issuance, and lengthy Because of greatly tightened visa issuance, and lengthy security checks, discretionary travel with expired visa is not security checks, discretionary travel with expired visa is not recommended.recommended.

HAVING RECEIVED AN F VISA BEFORE IS NO GUARANTEE OF HAVING RECEIVED AN F VISA BEFORE IS NO GUARANTEE OF GETTING A NEW ONE!GETTING A NEW ONE!

Subject to Special Security Checks: Subject to Special Security Checks: Expect Delays!Expect Delays!

““List of 27” males: born in or citizen of: List of 27” males: born in or citizen of: Afghanistan, Algeria, Bahrain, Bangladesh, Afghanistan, Algeria, Bahrain, Bangladesh, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, possibly Turkey, Somalia, Sudan, Syria, Tunisia, possibly Turkey, UAE, and Yemen. List is secret!UAE, and Yemen. List is secret!

Technology Alert List: studying or working in area Technology Alert List: studying or working in area subject to technology transfer or applicable to subject to technology transfer or applicable to terrorism. Materials science, high speed terrorism. Materials science, high speed computing, nuclear energy, avionics, etc.computing, nuclear energy, avionics, etc.

Any prior fingerprinting, arrest, or conviction.Any prior fingerprinting, arrest, or conviction.

SEVIS FeeSEVIS Fee Most F’s, M’s and J’s who make an initial entry to Most F’s, M’s and J’s who make an initial entry to

the US to begin a program, or reenter with a new the US to begin a program, or reenter with a new I 20/ DS 2019 after an absence of more than five I 20/ DS 2019 after an absence of more than five months, or who change status to student or months, or who change status to student or exchange visitor, must pay a fee of $100 to DHS. exchange visitor, must pay a fee of $100 to DHS. This payment may be made on the internet or by This payment may be made on the internet or by mail.mail.

Dependants do not pay a fee; and there is a lower Dependants do not pay a fee; and there is a lower fee/no fee for certain J’s in special programs.fee/no fee for certain J’s in special programs.

Continuing students whose initial entry was on or Continuing students whose initial entry was on or before 9/1/04, who are extending or reentering before 9/1/04, who are extending or reentering US within five months need not pay.US within five months need not pay.

Basic RulesBasic Rules TransfersTransfers

Notify old school of intent to transfer.Notify old school of intent to transfer. Sign new I-20 at new school within 15 days of start date.Sign new I-20 at new school within 15 days of start date. Must transfer after being “released” by old school. Must transfer after being “released” by old school. Must have “attended” original school.Must have “attended” original school. Resume classes within five months of transfer or end date Resume classes within five months of transfer or end date

on old I 20, whichever is earlier.on old I 20, whichever is earlier. If on OPT, must resume classes within five months of If on OPT, must resume classes within five months of

transfer or end of OPT, whichever is earlier.transfer or end of OPT, whichever is earlier. Five month rule may mean may have to start school earlier Five month rule may mean may have to start school earlier

than planned.than planned. Must be SURE of intent to transfer; those who don’t transfer Must be SURE of intent to transfer; those who don’t transfer

after “release date” must request reinstatement.after “release date” must request reinstatement.

Basic RulesBasic Rules Full course of studyFull course of study

Enrolled for at least twelve semester hours or equivalent.Enrolled for at least twelve semester hours or equivalent. For graduate studies the school determines full time requirements.For graduate studies the school determines full time requirements. Not required to attend school in summer.Not required to attend school in summer. Not required to be full time in last semester if need less than full Not required to be full time in last semester if need less than full

load to graduate—prior authorization of load to graduate—prior authorization of international advisor international advisor required.required.

ICE may allow students from certain countries in crisis to drop ICE may allow students from certain countries in crisis to drop below on country by country basis (SPECIAL STUDENT RELIEF). below on country by country basis (SPECIAL STUDENT RELIEF).

Intl. advisor may in limited circumstances allow student to drop Intl. advisor may in limited circumstances allow student to drop below full load because of academic difficulties in first semester.below full load because of academic difficulties in first semester.

International advisor may allow student to stop attending school International advisor may allow student to stop attending school for health reasons; must be verified by MD; aggregate one year for health reasons; must be verified by MD; aggregate one year during one academic program.during one academic program.

NEVER drop below without permission of INTERNATIONAL advisor.NEVER drop below without permission of INTERNATIONAL advisor.

Basic RulesBasic Rules Extension of stayExtension of stay

Period on I 20, NOT VISA STAMP IN PASSPORT, determines Period on I 20, NOT VISA STAMP IN PASSPORT, determines stay in US. stay in US.

Advisor no longer allowed to add one year “grace period”.Advisor no longer allowed to add one year “grace period”. I-94 marked “D/S”, which means duration of status; student I-94 marked “D/S”, which means duration of status; student

allowed to remain as long as studying full time and obeying allowed to remain as long as studying full time and obeying all other rules.all other rules.

60 days after completion plus OPT to leave, request 60 days after completion plus OPT to leave, request transfer, or change status. Out of status if remain after transfer, or change status. Out of status if remain after completion, no OPT, or change of status or transfer request.completion, no OPT, or change of status or transfer request.

Advisor may grant extension if for valid academic or health Advisor may grant extension if for valid academic or health reasons.reasons.

Must apply for extension before I-20 expires.Must apply for extension before I-20 expires.

Changing Status to StudentChanging Status to Student

B-1 or B-2 to F:B-1 or B-2 to F:You must have been in the US at least You must have been in the US at least

ninety days; must not have intended ninety days; must not have intended to study at time of entry.to study at time of entry.

You must be prepared to spend entire You must be prepared to spend entire academic career in US, as getting F academic career in US, as getting F visa very difficult after change from visa very difficult after change from tourist.tourist.

May not study til application granted.May not study til application granted.

Changing Status to Student (contd)Changing Status to Student (contd)

F-2 to F-1: F-2 to F-1: Should have last arrived in US more than 90 Should have last arrived in US more than 90

days before date of application.days before date of application.May not study full time or seek degree until May not study full time or seek degree until

application approved.application approved.J to F-1: Must not be subject to two year J to F-1: Must not be subject to two year

foreign residence reqt. or have it waived.foreign residence reqt. or have it waived.Other statuses to F: must generally have Other statuses to F: must generally have

arrived in US at least 90 days prior; no bar arrived in US at least 90 days prior; no bar on study while application pending.on study while application pending.

Basic RulesBasic Rules Failure to Maintain StatusFailure to Maintain Status

Consequences:Consequences: Denial of transfersDenial of transfers Denial of CPT and OPTDenial of CPT and OPT Denial of employment on campusDenial of employment on campus DeportableDeportable Information entered in SEVIS systemInformation entered in SEVIS system ICE is prioritizing and actively seeking out “SEVIS ICE is prioritizing and actively seeking out “SEVIS

violators”violators” Difficulty obtaining new visas and/or reentering Difficulty obtaining new visas and/or reentering

USUS

Basic Rules Basic Rules

ReinstatementReinstatement

Students must apply for reinstatement within five months Students must apply for reinstatement within five months of violation of status.of violation of status.

Exceptional circumstancesExceptional circumstances must be shown if more than five must be shown if more than five months.months.

No reinstatement if worked illegally; DHS checks SSA No reinstatement if worked illegally; DHS checks SSA database.database.

ICE can still arrest you while reinstatement pending.ICE can still arrest you while reinstatement pending. They will DEFINITELY come looking for you if reinstatement They will DEFINITELY come looking for you if reinstatement

denied.denied.Requirements:Requirements:

Full course of study.Full course of study. No unauthorized employment.No unauthorized employment. Document circumstances beyond your control which Document circumstances beyond your control which

caused violation.caused violation.

Basic RulesBasic Rules International student advisorInternational student advisor

Go to advisor before going to CIS.Go to advisor before going to CIS.

Information is kept confidential, Information is kept confidential, except matters relating to your except matters relating to your status vis-à-vis the school, which status vis-à-vis the school, which must be reported to ICE via SEVIS.must be reported to ICE via SEVIS.

Sources of InformationSources of Information

DO NOT RELY ON FRIENDS, RUMORS, DO NOT RELY ON FRIENDS, RUMORS, OR INTERNET FOR ADVICEOR INTERNET FOR ADVICE

GO TO CIS OR AN EXPERIENCED GO TO CIS OR AN EXPERIENCED IMMIGRATION ATTORNEY IMMIGRATION ATTORNEY ONLY IF ONLY IF

REFERRED BY YOUR INTL. ADVISORREFERRED BY YOUR INTL. ADVISOR

Basic RulesBasic Rules HonestyHonesty

Dishonesty with DHS or US consul carries Dishonesty with DHS or US consul carries numerous penalties, including permanent numerous penalties, including permanent ineligibility for nonimmigrant visas and ineligibility for nonimmigrant visas and permanent residence. More easily permanent residence. More easily detected today: better record keeping, detected today: better record keeping, data sharing.data sharing.

Note: Govt. agencies have access to tax Note: Govt. agencies have access to tax and Social Security information!and Social Security information!

Dishonesty with government agencies Dishonesty with government agencies may also have criminal consequences.may also have criminal consequences.

Criminal activityCriminal activity Conviction for most crimes, engaging in drug Conviction for most crimes, engaging in drug

trafficking, or claiming to be a US citizen, trafficking, or claiming to be a US citizen, entail deportation, denial of future entail deportation, denial of future nonimmigrant visas, as well as denial of nonimmigrant visas, as well as denial of permanent residence.permanent residence.

Minor crimes, such as shoplifting, now may Minor crimes, such as shoplifting, now may result in deportation, refusal of future visas, as result in deportation, refusal of future visas, as well as denial of admission to the US.well as denial of admission to the US.

Conviction of offenses relating to a spouse, Conviction of offenses relating to a spouse, domestic partner, fiance, sweetheart, or child, domestic partner, fiance, sweetheart, or child, such as violation of a protective order, such as violation of a protective order, stalking, domestic or child abuse, will result in stalking, domestic or child abuse, will result in automatic deportation, even if a misdemeanor.automatic deportation, even if a misdemeanor.

What About Katrina?What About Katrina? According to Immigration and Customs According to Immigration and Customs

Enforcement, affected students must have Enforcement, affected students must have transferred to a new school within 30 days or transferred to a new school within 30 days or have left the country.have left the country.

Many schools admitted affected international Many schools admitted affected international students very liberally, and even created delayed students very liberally, and even created delayed semesters for those who could not start semesters for those who could not start immediately.immediately.

USCIS has instructed adjudicators to liberally USCIS has instructed adjudicators to liberally grant change of status/extension of stay to grant change of status/extension of stay to hurricane victims for one year.hurricane victims for one year.

Legislative proposal would protect status until Legislative proposal would protect status until 1/06.1/06.

What About Katrina?What About Katrina?

USCIS created new USCIS created new employment/reduction of course load employment/reduction of course load program (Special Student Relief) on program (Special Student Relief) on November 25.November 25.

Unfortunately, the program only Unfortunately, the program only granted benefits until February 1, granted benefits until February 1, 2006—in effect of very little use to 2006—in effect of very little use to anyone.anyone.

What About Katrina/Rita?What About Katrina/Rita?

FEMA: unfortunately, the Federal FEMA: unfortunately, the Federal Emergency Management Agency (FEMA) Emergency Management Agency (FEMA) erroneously informed students that they erroneously informed students that they were eligible for cash relief.were eligible for cash relief.

Nonimmigrants are not eligible for this Nonimmigrants are not eligible for this relief, and should return it if received.relief, and should return it if received.

Failure to do so could raise public charge Failure to do so could raise public charge and fraud issues.and fraud issues.

Final RuleFinal Rule

HAVE FUN AND ENJOY YOUR STAY INHAVE FUN AND ENJOY YOUR STAY IN

THE U.S.!!!!THE U.S.!!!!

Is There Life after OPT?Is There Life after OPT?

After OPT—the H1BAfter OPT—the H1B

Employer must sponsorEmployer must sponsor Employer specificEmployer specific Position requires 4 yr degreePosition requires 4 yr degree Employee must have degree in same Employee must have degree in same

or related fieldor related field OR, must have 3 yrs professional OR, must have 3 yrs professional

level experience for each year of level experience for each year of degree lackingdegree lacking

The H1BThe H1B Employer must pay competitive wage.Employer must pay competitive wage. Employer generally must pay fee of $1250 Employer generally must pay fee of $1250

or $2000 to USCIS; some exceptions.or $2000 to USCIS; some exceptions. Employer must need the services of Employer must need the services of

foreign employee, but need foreign employee, but need notnot recruit, or recruit, or prove Americans can’t be found.prove Americans can’t be found.

Relative or friend cannot sponsor if their Relative or friend cannot sponsor if their business has no need for your expertise. business has no need for your expertise. For example, no accountant or systems For example, no accountant or systems analyst needed for corner grocery store.analyst needed for corner grocery store.

Likewise, no engineer needed for café.Likewise, no engineer needed for café.

H1B MechanicsH1B Mechanics Labor condition application. Employer must Labor condition application. Employer must

certify:certify: Competitive wagesCompetitive wages Competitive working conditionsCompetitive working conditions No strike or lockoutNo strike or lockout Other workers notifiedOther workers notified

LCA approved on line in a few hours or daysLCA approved on line in a few hours or days

Wages can be checked at david-ware.com: click Wages can be checked at david-ware.com: click on “OES Wages” on “OES Wages”

H1B MechanicsH1B Mechanics

Once LCA is approved, petition is filed with Once LCA is approved, petition is filed with CIS, together with employer letter, proof of CIS, together with employer letter, proof of worker’s qualifications.worker’s qualifications.

Anyone may request premium processing Anyone may request premium processing for 15 day turnaroundfor 15 day turnaround

Two to three months if regular processingTwo to three months if regular processing 3 yrs max with 3 yr extension3 yrs max with 3 yr extension More extensions available if PR started by More extensions available if PR started by

end of 5end of 5thth year year

H1B MechanicsH1B Mechanics Once H1B status approved, employee may Once H1B status approved, employee may

“port” to new employer just by properly “port” to new employer just by properly filing new H petition; no approval neededfiling new H petition; no approval needed

H1B H1B statusstatus does not equate to does not equate to visavisa H1B H1B visavisa is only needed if intl. travel is only needed if intl. travel

desireddesired Beware of security checks and special Beware of security checks and special

reqts. at certain posts when visa reqts. at certain posts when visa processingprocessing

““List of 27” males must get visa in home List of 27” males must get visa in home countrycountry

Quota ProblemsQuota Problems

H1B’s are limited to 78,200+ per yearH1B’s are limited to 78,200+ per year Exempt from quota:Exempt from quota: Persons already counted against the quota Persons already counted against the quota

(currently in H status or previously (currently in H status or previously counted against the quota and have not counted against the quota and have not left US for more than one year).left US for more than one year).

Those working for higher ed and affiliated Those working for higher ed and affiliated entities, nonprofit research orgs., govt. entities, nonprofit research orgs., govt. research orgs., certain physicians research orgs., certain physicians previously J-1.previously J-1.

Quota ProblemsQuota Problems Special “carve out” for H1B1’s from Chile Special “carve out” for H1B1’s from Chile

and Singaporeand Singapore Extra 20,000 visas for fiscal year 2005—Extra 20,000 visas for fiscal year 2005—

limited to those with US earned Master’s limited to those with US earned Master’s degrees or higher. Quota exhausted degrees or higher. Quota exhausted 1/17/06.1/17/06.

Regular fiscal year 2006 quota exhausted Regular fiscal year 2006 quota exhausted August 10August 10!!

Those not exempt from quota or who have Those not exempt from quota or who have no US earned MS, may not file for an H no US earned MS, may not file for an H until April 1, for employment to begin until April 1, for employment to begin October 1, 2006!October 1, 2006!

Alternatives to the H1BAlternatives to the H1B O-1– alien of extraordinary ability or O-1– alien of extraordinary ability or

achievementachievement Q-1– cultural exchange alienQ-1– cultural exchange alien J-1 trainee. Programs listed at J-1 trainee. Programs listed at

travel.state.govtravel.state.gov L-1– intracompany transferee. Must be L-1– intracompany transferee. Must be

employed abroad by multinational co. for employed abroad by multinational co. for 1 yr. during 3 yrs prior to coming to US.1 yr. during 3 yrs prior to coming to US.

R-1-- jobs with significant religious content.R-1-- jobs with significant religious content. TN-- Canadian or Mexican working in TN-- Canadian or Mexican working in

occupation in Annex to NAFTA.occupation in Annex to NAFTA. H1B1– professional from Singapore or Chile.H1B1– professional from Singapore or Chile. E-3– professional from Australia.E-3– professional from Australia.

Ways to obtain permanent residenceWays to obtain permanent residence

Citizen or resident relativeCitizen or resident relative Fear of persecutionFear of persecution EmploymentEmployment InvestmentInvestment Visa lotteryVisa lottery Special programsSpecial programs Future amnesty?Future amnesty?

US Citizens May Sponsor:US Citizens May Sponsor:

Brother or sister—loong wait!Brother or sister—loong wait! Spouse: No fraud please! Fraud equivalent Spouse: No fraud please! Fraud equivalent

to drug offense! Conditional residence if to drug offense! Conditional residence if married for less than 2 years.married for less than 2 years.

Parent, only if the sponsoring USC child is Parent, only if the sponsoring USC child is over 21. over 21.

Fiancé: must marry petitioner within 90 Fiancé: must marry petitioner within 90 days of arrival. Only available if fiance days of arrival. Only available if fiance outside US.outside US.

Child; if under 21, very quick; if over 21 Child; if under 21, very quick; if over 21 long wait; usually longer if married.long wait; usually longer if married.

Permanent Residents May Permanent Residents May Sponsor:Sponsor:

Spouse. Gotta be real! Fraud Spouse. Gotta be real! Fraud equivalent to drug offense!equivalent to drug offense!

Child of any age: must remain single Child of any age: must remain single til PR received.til PR received.

Long wait for spouse and minor child; Long wait for spouse and minor child; longer wait for child over 21.longer wait for child over 21.

EmploymentEmployment Generally, full time job offer required.Generally, full time job offer required. Labor certification most common means:Labor certification most common means:

• Employer must advertise job.Employer must advertise job.• Skill or profession relatively scarce in U.S.Skill or profession relatively scarce in U.S.• Two year wait for PR. Two year wait for PR. • May be longer if no MS required and born in May be longer if no MS required and born in

China, India or Philippines.China, India or Philippines.• PERM has speeded up the labor certification, PERM has speeded up the labor certification,

but increased demand has created backlogs in but increased demand has created backlogs in EB 3 (Bachelor’s or less) and for some EB 3 (Bachelor’s or less) and for some countries, EB 2 (higher than Bachelor’s).countries, EB 2 (higher than Bachelor’s).

Employment—Other CategoriesEmployment—Other Categories

Extraordinary ability—top of field; no job Extraordinary ability—top of field; no job offer neededoffer needed

National interest waiver—activity in National interest waiver—activity in national interest and national in effect; national interest and national in effect; applicant will affect field to a greater applicant will affect field to a greater degree than others; no job offer neededdegree than others; no job offer needed

Outstanding professor or researcher—Outstanding professor or researcher—permanent job offer; natl. or intl. renown; permanent job offer; natl. or intl. renown; 3 yrs experience3 yrs experience

AsylumAsylum Fear of persecution due to race, religion, social Fear of persecution due to race, religion, social

group, political opinion or national origingroup, political opinion or national origin Must apply within one year of arriving in U.S.Must apply within one year of arriving in U.S. May apply to become PR in one year after grantMay apply to become PR in one year after grant If denied you may appeal before Immigration If denied you may appeal before Immigration

Judge, if not maintaining status. Judge, if not maintaining status. Best to maintain status while waiting for decision, Best to maintain status while waiting for decision,

so as not to be deported if denied. so as not to be deported if denied. Important to receive advice from immigration Important to receive advice from immigration

attorney experienced in asylum applications attorney experienced in asylum applications before filing. DON’t use a document preparer!before filing. DON’t use a document preparer!

Filing false or frivolous asylum application has Filing false or frivolous asylum application has VERY serious consequences.VERY serious consequences.

InvestorsInvestors

Permanent residence: Permanent residence: Investment in active business of $500,000 Investment in active business of $500,000

to $1,000,000 and creation of 10 full-time to $1,000,000 and creation of 10 full-time jobs. Stocks, bonds, inactive real estate do jobs. Stocks, bonds, inactive real estate do not help.not help.

Long term visa (E-2 or E-1):Long term visa (E-2 or E-1):• Job creating business; invest about $50- Job creating business; invest about $50-

$100K or engage in “substantial trade” with $100K or engage in “substantial trade” with treaty countrytreaty country

• Country of nationality must have an investor or Country of nationality must have an investor or trader treaty with U.S. See travel.state.gov.trader treaty with U.S. See travel.state.gov.

Visa lotteryVisa lottery

50,000 immigrant visas per year.50,000 immigrant visas per year. Held usually in October and November.Held usually in October and November. Application online only: increases chances for Application online only: increases chances for

applicants with access to internet.applicants with access to internet. Must have at least a high school diploma or two Must have at least a high school diploma or two

years training or experience in trade or profession years training or experience in trade or profession requiring same.requiring same.

Self OR spouse must be BORN IN qualifying Self OR spouse must be BORN IN qualifying country; CITIZENSHIP irrelevant.country; CITIZENSHIP irrelevant.

Details at travel.state.gov.Details at travel.state.gov.

Special programsSpecial programs

For select groupsFor select groups Cubans, Nicaraguans, and Haitians Cubans, Nicaraguans, and Haitians

are recent examplesare recent examples Is there an amnesty or other help for Is there an amnesty or other help for

undocumented in our future? Several undocumented in our future? Several proposals currently pending in proposals currently pending in Congress.Congress.

Do I Need an Immigration Lawyer?Do I Need an Immigration Lawyer?

First, go to your international student First, go to your international student advisor. He or she may be able to advisor. He or she may be able to answer your question or solve your answer your question or solve your problem without need for a lawyer. problem without need for a lawyer. He or she is FREE and has special He or she is FREE and has special training and expertise in immigration training and expertise in immigration rules. He or she will have access to rules. He or she will have access to all the latest information regarding all the latest information regarding immigration rules and regulations.immigration rules and regulations.

If I Need One, How Do I Find the If I Need One, How Do I Find the Right Lawyer?Right Lawyer?

Again, ask your international advisor first. Again, ask your international advisor first. He or she may be able to give you a list of He or she may be able to give you a list of the immigration lawyers who other the immigration lawyers who other students or the university has used students or the university has used successfully.successfully.

He or she can usually also recommend He or she can usually also recommend domestic, criminal or other lawyers. domestic, criminal or other lawyers. Lawyers in the US tend to be highly Lawyers in the US tend to be highly specialized in one or a few areas of law.specialized in one or a few areas of law.

If your advisor is unable to make a If your advisor is unable to make a recommendation, use these sources:recommendation, use these sources:

Finding an Immigration Lawyer?Finding an Immigration Lawyer?

Contact your state bar association, which Contact your state bar association, which usually maintains a referral list.usually maintains a referral list.

The American Immigration Lawyers’ The American Immigration Lawyers’ Association, Association, www.aila.orgwww.aila.org, can refer you to , can refer you to an immigration lawyer in your area.an immigration lawyer in your area.

Ask friends or relatives.Ask friends or relatives. Ask the attorney on your campus who Ask the attorney on your campus who

assists students (Student Attorney), if your assists students (Student Attorney), if your school has one.school has one.

Finding an Immigration Attorney?Finding an Immigration Attorney?

Once you’ve gotten a few names:Once you’ve gotten a few names: Check the attorney’s website and yellow Check the attorney’s website and yellow

pages ad.pages ad. BEWARE OFBEWARE OF:: --The absence or poor quality of either.--The absence or poor quality of either. --Immigration attorneys who claim to --Immigration attorneys who claim to

handle other areas of law. Immigration is handle other areas of law. Immigration is an extremely complex area, and attorneys an extremely complex area, and attorneys who handle other cases may have a hard who handle other cases may have a hard time keeping up with frequent changes in time keeping up with frequent changes in the law.the law.

Finding an Immigration Attorney?Finding an Immigration Attorney? BEWARE OFBEWARE OF:: --Lawyers who do not charge a consultation fee. You get --Lawyers who do not charge a consultation fee. You get

what you pay for!what you pay for! --Lawyers with little or no experience with students or --Lawyers with little or no experience with students or

exchange visitors, who are subject to complex, unique exchange visitors, who are subject to complex, unique regulations.regulations.

--Lawyers who offer a guaranteed result or offer to charge --Lawyers who offer a guaranteed result or offer to charge you only if they are successful.you only if they are successful.

--Lawyers who charge by the hour unless your case is --Lawyers who charge by the hour unless your case is unusual or complex.unusual or complex.

--Lawyers whom no one—especially your advisor—has heard --Lawyers whom no one—especially your advisor—has heard of.of.

--Lawyers who are unusually cheap, promise results different --Lawyers who are unusually cheap, promise results different from other lawyers you consult, or who are far away, in from other lawyers you consult, or who are far away, in large urban centers.large urban centers.

--Lawyers who ask you to sign things that are not true, or --Lawyers who ask you to sign things that are not true, or without reading them first. You are an adult and will be held without reading them first. You are an adult and will be held responsible!responsible!

--Lawyers who don’t call you back or don’t send you copies of --Lawyers who don’t call you back or don’t send you copies of their work on your behalf.their work on your behalf.

Immigration for International Students Basic Rules.

Documents

Transcript of Immigration for International Students Basic Rules.