International Student Immigration Workshop & Visa Guidelines

IMMIGRATION WORKSHOP

Immigration Basics for F-1 and J-1 Students Maintaining F-1 & J1 status Transitioning from F-1 to OPT & H-1B Understanding the H-1B Cap CONTENTS Adjustment of Status- Family Based EB-2 National Interest Waiver. Asylum Past Persecution, Future Persecution Other Humanitarian Grounds.

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate. The U.S. government must authorize your school to accept international students. WHAT DOES IT MEAN TO HAVE AN F1 STATUS?

MAINTAINING F-1 STATUS: DO S & DON TS 1. You must be registered in SEVIS no later than 30 days after the program start date and within 30 days of the start date of each academic term. 2. Maintain Full-time enrollment. 3. Apply for work authorization if you need to work institution/related field theory 4. Extend, transfer or update your I-20 quickly by immigration regulations. 5. Always carry your unexpired Passport and I-94 with you. 6. Understand your grace period after completion. 7. Change your status or depart the USA promptly.

The J-1 visa, also known as the Exchange Visitor Visa or J student visa, is for anyone outside of the US who wishes to participate in the study- and work-related exchange programs approved by the Department of State Bureau of Educational and Cultural Affairs. WHAT DOES IT MEAN TO HAVE A J-1 STATUS AS AN EXCHANGE STUDENT?

MAINTAINING J-1 STATUS: DO S & DON TS 1. Maintain Full time enrollment. 2. Do not accept unauthorized employment 3. Extend ,transfer or update your DS- 2019 in a timely fashion in accordance with immigration regulations. 4. Always carry your unexpired Passport and I-94 with you. 5. Change your status or depart the USA in a timely manner. 6. Report change of address, US phone number and email within 10 days of change.

Many undergraduate and graduate students on F-1 visas hope to adjust from F-1 to H-1B visa status. Students can either change directly from F-1 to H-1B or take the F-1 to OPT to H-1B path. TRANSITIONING FROM F-1 TO OPT & H-1B Many F-1 students use their OPT (Optional Practical Training) before applying for H-1B. Many international students use their OPT to gain valuable experience while looking for sponsor companies. However, F-1 students may also apply directly for H-1B status if they have found an employer to sponsor their H-1B visa.

Optional practical training is a visa program that allows F-1 students to work in the US for 12 months. Upon completing undergraduate or graduate studies, F-1 students may either return to their home country or participate in OPT, allowing them to gain practical experience in their central area of study. Eligible F-1 students are permitted 12 months of CPT/OPT per degree level F1-OPTIONAL PRACTICAL TRAINING(OPT) Apply for a 17-month OPT extension if they are STEM (science, technology, engineering, math) degree, holders. 365+ days of full-time CPT disqualifies a student for OPT. Gain practical experience in their central area of study. Start work after receiving EAD (Employment Authorization Document). Employment without authorization may trigger unlawful presence

Employer must be registered with E-verify. 24 MONTHS STEM (SCIENCE, TECHNOLOGY, ENGINEERING AND MATHS FIELDS) EXTENSION Eligible F1 students are permitted 12 months of CPT/OPT per degree level Apply for a 17-month OPT extension if they have a STEM (science, technology, engineering, math) degree. 365+ days of full-time CPT disqualifies a student for OPT. Gain practical experience in their central area of study. Start work after receiving EAD (Employment Authorization Document). Employment without authorization may trigger unlawful presence

H-1B H-1B visa is a nonimmigrant visa program that allows USA employers to hire foreign professionals in specialty occupations, which are professions that require theoretical and practical application of specialized knowledge along with a bachelor's degree or its equivalent. One of the advantages of an H-1B is the benefit of dual intent. H-1B visa holders may: Work legally in the U.S for a period of 3 to 6 years. Gain practical and theoretical experience related to their field. Bring their spouse and children to the USA on an H4 visa. Travel in and out of U.S if valid H-1b status is maintained. Apply for permanent residency in the USA, also known as a green card.

H-1B CAP The H-1B cap is the total number of H-1B petitions that the US Congress can approve for a fiscal year. Congress set the current annual regular cap for the H-1B category at 65,000. Some H-1B nonimmigrant visas (or status grants) are not subject to this annual cap. Six thousand eight hundred visas are set aside from the 65,000 each fiscal year for the H-1B program under the legislation implementing the US -Chile and US- Singapore free trade agreements. Unused visas in this group become available for H-1B use for the next fiscal year s regular H- 1B cap. H1B CAP

H1B CAP EXEMPTION. Universities and related nonprofit entities, nonprofit research organizations, and government research organizations are exempt from the quota or cap. These employers can submit an H1B cap application to the USCIS during the year without concern for the fiscal year limit. Quota exemptions are available to universities. or certain research organizations. H1B CAP EXEMPTION Time spent in H-1B status with a cap-exempt company still counts towards the 6-year limit. Individuals must have a quota number to port (switch) to a cap-subject sponsor. An H-1B may port (switch) from a cap-subject sponsor to a cap-exempt sponsor, even when quota numbers are unavailable.

H-1B CAP GAP: F-1 TO H-1B The cap gap automatically extends F1 status and OPT authorization to September 30, linking it to the H-1B start date of October 1st .This usually occurs where application for H-1B was made in timely fashion and opt expires before October 1st . KEY POINTS H-1B must be filed in timely fashion H1B CAP GAP Must have allowed status at the time of filling. Denial ends cap gap 60 days grace resumes, no more work authorization. Can change status in the US from F-1 to H-1B without a visa stamp. You must have H-1B approval and correct F-1 documentation before travel. An appointment with the consulate should be made after October 1st.

H-1B TIMING THE FISCAL YEAR BEGINS ON THE 1ST OF OCTOBER, THE FIRST DAY AN H1B EMPLOYEE MAY RESUME WORK FOR SPONSOR COMPANY APPLICATIONS MAY BE RECEIVED UP TO 6 MONTHS IN ADVANCE OF THE EFFECTIVE DATE A LOTTERY IS TYPICALLY HELD FOR ALL APPLICATIONS. RECEIVED DURING THE FIRST FIVE BUSINESS DAYS OF APRIL

H-1B 2022 LOTTERY SYSTEM THE NUMBER OF H-1B VISAS THAT CAN BE ISSUED EACH YEAR IS CAPPED AT 85,000. IN THE H1B VISA PROGRAM THERE ARE TWO CATERGORIES OF QUOTA: REGULAR QUOTAS AND MASTERS QUOTAS. THE QUOTAS FOR THE 2022 FISCAL YEAR ARE: H-1B REGULAR QUOTA: 65,000 VISAS H-1B MASTER S QUOTA: 20,000 VISAS (ONLY THOSE WITH A MASTERS DEGREE ARE ELIGIBLE) THE H-1B VISA IS ONE OF THE MOST SOUGHT-AFTER VISAS IN THE U.S. THUS, CAUSING AN INCREASE IN RECENT YEARS. TO ADDRESS THE RUSH IN H1-B VISA APPLICATION, THE USCIS INTRODUCED A LOTTERY SYSTEM TO RANDOMLY SELECT QUALIFIED APPLICANTS UNTIL THEY MEET THE QUOTA OF 85,000 PEOPLE.

H-1B STATUS IS GRANTED GENERALLY FOR 3 YEARS AND ELIGIBLE FOR AN ADDITIONAL EXTENSION OF 3 YEARS FOR A TOTAL OF 6 YEARS LEAVING THE U.S. STOPS THE 6-YEAR CLOCK. H1B DURATION TIME RECAPTURE QUOTA AVOIDANCE IN THE FUTURE (REMAINING TIME ONLY) IF THE FOREIGN NATIONAL LEAVES THE US FOR ONE YEAR, HE OR SHE IS ELIGIBLE FOR ANOTHER 6 YEARS OF H-1B STATUS BY OBTAINING A NEW QUOTA NUMBER

H-1B GRACE PERIOD H-1B HOLDER MAY BE GRANTED A 60 DAY GRACE PERIOD UPON TERMINATION OF THE EMPLOYMENT ONCE PER APPROVAL DOESN T EXTEND PAST THE AUTHORIZED VALIDITY PERIOD WORK IS NOT AUTHORIZED DURING THE GRACE PERIOD, BUT MAY WORK UPON TIMELY FILED H-1B APPLICATION 10 DAYS BEFORE/AFTER WORK PERMIT MAY BE ISSUED TO ACCOMMODATE TRANSITION / CHANGE OF STATUS

H1B PORTABILITY H-1B BENEFICIARIES CAN CHANGE TO A NEW EMPLOYER SUBJECT TO RULES. THE MOVE CAN BE IMMEDIATE UPON THE FILING OF A NEW H-1B PETITION, FOR THOSE IN PROPER H-1B STATUS THE NEW PETITION MUST BE NON-FRIVOLOUS AND FILED BEFORE THE EXPIRATION OF A CURRENT H-1B THE TOTAL H-1B TIME REMAINS 6 YEARS OF AGGREGATE WORK WITH ALL EMPLOYERS

ADJUSTMENT OF STATUS (AOS) ADJUSTMENT OF STATUS IS THE PATHWAY TO PERMANENT RESIDENCY FOR PEOPLE WHO ARE APPLYING FROM WITHIN THE UNITED STATES. AOS IS USUALLY DEPENDENT ON PRIMARY APPLICATIONS. TO GO THROUGH, APPLICANTS NEED TO PROVE THEY ARE ADMISSIBLE. THIS INCLUDES; NOT A MEMBER OF A TERRORIST OR COMMUNIST GROUP NO COMMUNICABLE DISEASE OR HARMFUL MENTAL IMPAIRMENT. NO CRIMINAL RECORD AFTER BIOMETRICS NO PAST USCIS VIOLATION OR FRAUD. NO PUBLIC CHARGE. NO CLAIM TO US CITIZEN

IMMEDIATE RELATIVES OF A U.S. CITIZEN AND PERMANENT RESIDENTS INCLUDING SPOUSES, CHILDREN UNDER 21, AND PARENTS OF CITIZENS OVER 21 WHO IS ELIGIBLE FOR ADJUSTMENT OF STATUS? STUDENTS VISITORS ASYLEES BUSINESS VISA HOLDERS EMPLOYEES AND SEVERAL OTHER VISA CATEGORIES

GREEN CARD THROUGH FAMILY YOU MAY APPLY FOR ADJUSTMENT OF STATUS IF YOU HAVE RELATIVES OF CURRENT U.S. CITIZENS OR GREEN CARD HOLDERS INCLUDING IMMEDIATE RELATIVES OF U.S. CITIZENS (SPOUSE, UNMARRIED CHILD UNDER AGE 21, PARENT OF U.S. CITIZEN WHO IS AT LEAST 21 YEARS OLD) BROTHER OR SISTER OF A U.S. CITIZEN ADJUSTMENT OF STATUS- FAMILY BASED FAMILY OF A PERMANENT RESIDENT INCLUDING SPOUSE, UNMARRIED CHILD UNDER 21 YEARS, MARRIED SON OR DAUGHTER 21 YEARS OR OLDER FAMILY OF U.S. CITIZEN INCLUDING SON OR DAUGHTER CHILD 21 YEARS OR OLDER, MARRIED SON OR DAUGHTER, BROTHER OR SISTER WHO IS AT LEAST 21 YEARS OLD FIANC OF A U.S. CITIZEN OR THE FIANC E S CHILD ABUSED SPOUSE, CHILD, OR PARENT OF A U.S. CITIZEN OR LAWFUL PERMANENT RESIDENT AND WIDOW(ER) OF A U.S. CITIZEN BEFORE YOU CAN FILE FOR AOS OF A FAMILY-BASED GREEN CARD, YOUR RELATIVE WILL NEED TO FILE THE I-130, PETITION.

GREEN TO QUALIFY FOR A GREEN CARD THROUGH EMPLOYMENT, YOU MUST HAVE AN EXTRAORDINARY ABILITY IN SCIENCE, ART, EDUCATION, BUSINESS, OR ATHLETICS. THERE ARE THREE PREFERENCES IN THIS CATEGORY: FIRST PREFERENCE YOU HAVE EXTRAORDINARY ABILITY IN THE SCIENCES, ARTS, EDUCATION, BUSINESS OR ATHLETICS. YOU ARE AN OUTSTANDING PROFESSOR OR RESEARCHER; OR YOU ARE A MULTINATIONAL MANAGER OR EXECUTIVE WHO MEETS SPECIFIC CRITERIA. SECOND PREFERENCE YOU ARE A MEMBER OF A PROFESSION THAT REQUIRES AN ADVANCED DEGREE; OR YOU HAVE EXCEPTIONAL ABILITY IN THE SCIENCES, ARTS, BUSINESS; OR YOU ARE SEEKING A NATIONAL INTEREST WAIVER. THIRD PREFERENCE YOU ARE A SKILLED WORKER (MEANING YOUR JOB REQUIRES A MINIMUM OF TWO YEARS OF TRAINING OR WORK EXPERIENCE); OR YOU ARE A PROFESSIONAL (MEANING YOUR JOB REQUIRES AT LEAST A U.S. BACHELOR S DEGREE OR A FOREIGN EQUIVALENT, AND YOU ARE A MEMBER OF THE PROFESSION); OR YOU ARE AN UNSKILLED WORKER (MEANING YOU WILL PERFORM UNSKILLED LABOR REQUIRING LESS THAN TWO YEARS OF TRAINING OR EXPERIENCE). ADJUSTMENT OF STATUS- EMPLOYMENT BASED

INELIGIBLE PARTIES INCLUDE: UNDOCUMENTED IMMIGRANTS* WHO CANNOT APPLY FOR ADJUSTMENT OF STATUS? S VISA HOLDERS WHO ENTERED THE U.S. AS A WITNESS OR INFORMANT ANYONE TRAVELING THROUGH THE U.S. TO A DIFFERENT COUNTRY FURTHERMORE, ANYONE WHO MAY BE DEPORTED CANNOT FILE FOR ADJUSTMENT OF STATUS. FOR EXAMPLE, ANYONE INVOLVED IN A TERRORIST GROUP IS INELIGIBLE. EXCEPTIONS APPLY*

A person in the U.S. may be granted asylum if they are unwilling to return to thier country of nationality because of past persecution or a well-founded fear of persecution on account of their: 1) Race 2) Religion, ASYLUM & BASIC ELEMENTS 3) Nationality, 4) Political Opinion, or 5) Membership In A Particular Social Group. NOTE: YOU MUST PROVE THAT THERE IS A LINK BETWEEN PERSECUTION AND THE GROUNDS FOR ASYLUM.

The two ways of obtaining asylum in the united states are the affirmative process and the defensive process. Affirmative process: You must apply for asylum within one year of the date of your last arrival in the united states, except you can prove changed circumstances linked to your eligibility for the benefit within a reasonable time. ASYLUM PROCESS Defensive process: A defensive application for asylum happens when you request asylum as a defense against removal from the united states. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

The definition of persecution varies by case law. Most notable forms of persecution include ; Rape and sexual assault PERSECUTION An act or series of conduct that threatens death, freedom, harm arrest, imprisonment, interrogation can amount to persecution.

TPS VAWA REFUGEE U VISA OTHER HUMANITARIAN GROUNDS.

https://justiceforimmigrants.org/ https://www.uscis.gov/humanitarian/refugees-and- asylum/asylum/obtaining-asylum-in-the-united-states https://www.fileright.com/blog/documents-required- adjustment-of-status/ RESOURCES

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