Working in the U.S. as an International Student and Beyond

Working in the U.S. as an International Student and Beyond Presented by: Victoria Donoghue, Esq. Director of International Services

F-1 Status: On-Campus Employment On-campus employment (up to 20 hours/week) permitted Full-time on-campus employment permitted during breaks and summer Students must receive work authorization from International Services before beginning any job on campus

F-1 Status: Curricular Practical Training After two semesters of full-time study, a student may engage in off-campus employment for an internship or practical experience and must receive course credit for the employment CPT instructions and application are located on the International Services web site – or contact the front desk

F-1 Status: Optional Practical Training Available when a student has completed his/her course of study Provides students with 12 months of free market employment in a job related to their major STEM students can get an additional 17 months

A Typical Path to a Green Card • F Visas (students) • J Visas (research scholars) • H-1B Visas (employees) • Employment Based Permanent Residence

H-1B VisasTemporary Professional Visas • For Professional-Level workers who are coming to the US to work for a US employer in a specialty occupation • Alien must possess at least the equivalent of a US Bachelor’s degree AND • Job offer must require at least a Bachelor’s • “Three for One Rule”- 3 yrs of work experience can be substituted for 1 yr of academic study in order to equate the work experience to a Bachelor’s

Examples of Specialty Occupations • Some occupations in the regulations: Chemist, biologist, engineers, physicists, software developers, system analysts, accountants, economists, teachers, architects If an occupation is not in the regulations, is a Bachelor’s degree normally required?

Period of Validity Generally valid for a total of 6 years Time spent outside of the US can be recaptured Some exceptions available where additional time in H-1B status will be granted in 3 year increments beyond the 6 year period

Employer Specific • H-1Bs are employer specific, but • Concurrent H-1Bs are permitted, and • H-1Bs are portable • Part-time employment is permitted

Cap on H-1B Visas Numerical Limitation: 65,000 annually Additional 20,000 visas for those with US advanced degrees Cap was met for non advance degree cases on first day of filing for FY 2008- receiving over 180,000

Exemptions from the H-1B cap • Current H-1Bs seeking extensions or transfers to another employer (the cap limits the number of requests for initial employment that CIS may approve each year) • Statutorily exempt employers such as institutions of higher education and nonprofit research organizations

H-1B Petitions • H-1B petitions include: • Form G-28 • Form I-129 with H supplements • Certified Labor Conditions Application (LCA) • Supporting Documentation

Supporting Documentation Petitioner’s detailed letter of support describing the job duties Copy of the foreign national’s Bachelor’s degree and transcripts Evidence that the individual has obtained any required license for the proposed position Evidence of the foreign national’s legal nonimmigrant status

Supporting Documentation (cont.) If the foreign national possesses a foreign degree, an educational evaluation must be obtained from a USCIS-recognized evaluation service indicating that the foreign degree is the equivalent of the US degree. If the 3 for 1 rule is being used, evidence of the experience

The Labor Conditions Application (LCA) • Attestations made to the US Department of Labor (DOL) by an employer seeking to hire employee(s) as an H-1B worker(s). • Sets forth the number of workers sought, the occupational classification, the prevailing wage, the method used to determine the prevailing wage, and the actual wage rate paid • LCA must be available for public inspection within one day of filing the LCA with the DOL

USCIS Filing Fees I-129- $325 Fraud Fee- $500 Training Fee- $1500 (over 25 employees) or $750 (less than 25 employees) Optional Premium Processing Fee- $1225 Legal Fee

H-1B Alternatives • E Visa • L Visa • O Visa • P Visa • R Visa • B-1 Visa • TN Visa • E-3 Visa

H-1B Gap Fillers • Take a long vacation • Temporarily change to visitor visa • Automatic extension of student status • Temporarily change to a nonimmigrant training visa (H-3) • B-1 Visa in Lieu of an H-1B visa • Extension of OPT from 12 to 29 months for individuals with STEM degrees employed by an E-verify employer • J-1 training visa

Employment Based Permanent Residence Requirements: • Full-time employment • Attainment of DOL Labor Certification • Ability to pay • Availability of Immigrant visa number

1st Preference (EB1):No Labor Cert Required • Outstanding Professors & Researchers • Aliens of Extraordinary Ability - Top of their field

EB1 Evidence • Publications • Presentations at International Symposia • Judging the Work of others • International Prizes • Patents • Contribution of Original Research in the field

2nd Preference (EB2): Labor Cert Usually Required • Advanced Degree Professional - Job requires a degree beyond a BA

National Interest Waiver:NO Labor Cert Required • Seeking employment in an area of “substantial intrinsic merit” • The benefit will be national in scope • The national interest would be adversely affected if a labor cert were required

3rd Preference (EB3): Labor Cert Required • Aliens who hold Bachelor’s degrees and are members of the professions • Aliens capable of performing skilled labor • Aliens capable of performing unskilled labor

Position & Prevailing Wage Determination （PWD） Filing Posted Notice, In-house Media, Job Order, & Advertisements DOL Process Recruitment Report DOL Notice （Approval or Audit Request） Procedure for PERM Response to Audit Request from DOL Final Approval or Denial

Thank You Questions? Please contact our office for further information: Donoghuev@mail.montclair.edu

Working in the U.S. as an International Student and Beyond