Brief overview of different visas available for international students

1. Immigration Options for International Students
Paula Forero, Esq.
April 6, 2017

2. Legal Disclaimer
Please note that the materials at this site have been prepared for
informational purposes only and should not be construed as legal
advice or legal opinion on any specific facts or circumstances.
Transmission of the information is not intended to create, and receipt
does not constitute, an attorney-client relationship between the
sender and receiver. Readers should not act upon this information
without seeking professional counsel.

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

4. 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

5. 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?

6. 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

7. 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

8. Now that Annika has graduated what are her options?
Roadmap

9. CPT vs OPT
Curricular Practical Training Optional Practical Training
Offered by employer though agreement with the
school
Pre or post completion training
Part of established curriculum Need DSO approval, get work authorization
Can 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

10. 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

11. 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

12. • 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

13. 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

14. 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

15. Changes to H1B program
•Executive order possible?
• Premium processing cancelled
•Accountability and transparency

16. • 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

17. • 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

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

19. Permanent work visas
Visa Category Description Labor Certification
EB1 Extraordinary ability
Outstanding researchers
Multinational 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

20. 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/

21. 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

22. Thank you
https://www.facebook.com/pforeronyc