Information on visa sponsorship options for foreign nationals seeking employment in the United States. Visa options discussed include F-1, J-1, H-1B, O-1, E-3, and TN.

1. BRN - Oakland, CA
Visa Sponsorship for Employment

2. Overview
1. Hiring International Students (F-1)
2. International Interns and Trainees (J-1)
3. High-Skilled Worker Visa (H-1B)
4. Other Employment-Based Visas.
5. A Little Bit About Me.

3. International Students (F-1)
▪ Optional Practical Training
(OPT): One year of work
authorization granted at
conclusion of studies
▪ STEM OPT extension of 24
months for a traineeship
experience.

4. Employment Authorization Document

5. J-1 Visa for Interns & Trainees

6. J-1 VISA FOR TRAINEES/INTERNS
Internships are seen as employment so a visa is needed.
J-1 Visa Details
➔ Internship (12 months): must be enrolled in
university abroad or have graduated from university
abroad no more than twelve months before starting
internship
➔ Traineeship (18 months): must have graduate
degree from university abroad plus one year of
related professional experience or five years of
related work experience abroad.
▪ Must show ties to home country and intent to return home
▪ Increased use of on-site visits.

7. H-1B Visas for
High-Skilled
Workers

8. Bachelor’s degree or
equivalent work
experience
Employer-employee
relationship
Higher of actual or
prevailing wage
Government Filing
Fees
Requirements
H-1B VISAS FOR HIGH-SKILLED WORKERS:

9. H-1B Filing Fees
H-1B VISAS FOR HIGH-SKILLED WORKERS:
Employer
Must Pay.

10. H-1B Cap
H-1B Visa
Lottery
Registration:
March 1-20,
2020.
Cap
 65,000 (of which 6,800 are allocated to
nationals of Singapore and Chile)
 + 20,000 additional visas allocated to
holders of advanced degrees from U.S.
universities
 The Biggest Filers
 All Universities are cap exempt
 Some research organizations are cap-
exempt
 Extension, amendment and portability
petitions are exempt (have you been
counted once in the last six years?)
Cap Exempt

11. O-1 Visa For
Individuals of
Extraordinary
Ability

12. O-1 VISA FOR INDIVIDUALS OF EXTRAORDINARY ABILITY:
▪ Sustained national or international acclaim in the sciences, arts, education,
business, or athletics.
▪ Coming to the United States to continue work in the area of extraordinary ability.
▪ Employer specific, but can hold dual O-1s
Duration 3 years at first, renewable in one-year increments
indefinitely
Dependents
O-3 status; no work authorization

13. O-1 VISA FOR INDIVIDUALS OF EXTRAORDINARY ABILITY:
Evidence that the beneficiary has received a major, internationally-recognized
award, such as a Nobel Prize, or evidence of at least (3) three of the following:
National or international awards in
your field
Membership in associations that
require outstanding achievements
Published material about you or your
work
Important and original contributions
Scholarly articles A high salary
Being asked to judge the work of
others in your field
Employment in a critical role for
established organizations
Evidentiary Criteria

14. Visas for Specific Nationals

15. E-3 Visa for Australian Nationals
Duration 2-year validity; renewable
indefinitely
Dependents Spouses may apply for
employment authorization
▪ High-skilled Worker Visa for Australian citizens only
▪ 10,500 available per year
▪ Job offered must be for a “specialty occupation”
▪ Prevailing wage requirement applies.
▪ Controlling shareholder of a start-up – not the visa for you!
VISAS FOR SPECIFIC NATIONALS

16. TN Category for Canadian &
Mexican Professionals
VISAS FOR SPECIFIC NATIONALS
Duration Three year stay, renewable
indefinitely
Dependents
TD status; no work authorization
▪ Must be nationals of either Canada or Mexico
▪ Coming to U.S. to work in profession listed on NAFTA schedule
▪ No prevailing wage requirement
▪ Employer-specific (controlling shareholder issue returns)

17. Avenues for
Permanent Residence

18. Avenues for
Permanent Residence
Employment-Based
Family-Based
Diversity Visa Lottery
Asylum (One-year requirement unless exceptional circumstances)
Investment-Based ($1.8 Million GC)
**Can obtain citizenship five years after obtaining permanent residence; spouses of US
citizens can apply after three years of permanent residence.

19. Podcast series: Inside Immigration
11 Episodes.
Covering the different visa categories,
and interviews with government
officials, experts, and clients.
Subscribe on iTunes

20. Please stay in touch!
Specializing in Immigration Law since 2000.
510.422.2295
nadia@nadiayakooblaw.com
www.nadiayakooblaw.com
Nadia Yakoob