1. Life After F-1 and J-1 Visas
Immigration
Life After
F-1 and J-1 Visas
Alvillar Law, PC
85 NE Loop 410; Suite 560
San Antonio, Texas 78216
(210)

2. Presentation Overview:
Part I: Nonimmigrant visas
Part II: Immigrant visas

3. Nonimmigrant Visa Categories
A Diplomats
B Visitors (bus/pleasure)
C Transit
D Crewman
E Treaty trader/investors
F Academic students
G International Organization
H Temporary workers
I Journalists/Media
J Exchange visitors
K Fiancés/fiancées of
US citizens
L Intracompany transferees
M Vocational students
N Parents or children of special immigrants
O Persons of extraordinary ability
P Athletes or entertainers
Q International cultural exchange visitors
R Religious workers
S Federal witnesses (sneaky snitches)
T Trafficking of persons victims
TN NAFTA professionals (Mexico and Canada)
U Certain crime victims
V Certain spouses/children waiting for green cards

4. H-1B Visa
Employer sponsored for up to 6 years in a “specialty occupation”
3 Requirements:
Job must require a Bachelor’s degree or higher in specific field
Beneficiary must have at least the relevant Bachelor’s degree or equivalent
Employer must pay the prevailing wage

5. Procedure
File Labor Condition Application (LCA) -- Employer must pay prevailing wage; no adverse work conditions for US workers
File H-1B petition (Form I-129)
Overall processing time frame:
3-4 months normally
Premium processing possibility: 2 weeks

6. Advantages of H-1B: Duration: Time to work toward green card
6 year maximum
1 year stay outside U.S. refreshes 6 years
additional H extensions if green card started by end of 5th year
Time to work toward green card
No advertising or test of the U.S. labor market
H-1B portability when change employers

7. Disadvantages of H-1B: Tied to one employer Not flexible like F-1 OPT
Paperwork, cost and delay
October 1st start date + cap race
Fees: $6000 filing fee & legal fee

8. What is the H-1B “cap”? 65,000 per fiscal year
Of 65,000, 6,800 carved out for Chile and Singapore
Separate 20,000 for graduates with U.S. master’s degree or higher
The order has changed in which individuals are counted against the cap.

9. 20,000 U.S. Master’s Exemption Defining receipt of degree
“complete requirements for degree”
Accredited U.S. institutions
All advanced degrees included
Master’s cases considered under both caps

10. H-1B Cap Exemptions College/university employees
Related or affiliated nonprofit entities
Nonprofit research organizations
Government research organizations
Prior cap H-1B holders

11. OPT Timeline & Cap Gap Extension
Apply 2/27/18
60-day grace period
Program end date
5/27/18
7/26/18
Apply for H 4/1/2019
EAD expires 7/23/2019
You choose your OPT start date
Example: 7/24/18
12 months OPT plus cap gap extension
10/1/2019
Apply up to 120 days before your chosen start date days before program end date and up to 60 days after.

12. Other NIVs F/J: back to school options
E-1/E-2: treaty traders/investors
L-1: move out of U.S. for a year
L-2: derivative spouses with work authorization
TN: Trade NAFTA (Mexican and Canadian Citizens)

13. Other NIVs continued L-1: multinational transferee
E-1/E-2: treaty traders/investors
Carry on substantial trade (E-1)
Start/buy a company (E-2)
Spouse may obtain work permit
Must be a treaty country, but no limit
L-1: multinational transferee
12 months foreign employment during last 3 year
No country restrictions/time limitations
Executive, manager, specialized knowledge
Lower cost, green card, harsh adjudications

14. TN Visa Mexican/ Canadian citizens Unlimited extensions Strict NIV
Up to 3 years in job in listed occupation
Bachelor’s degree/license in that field
Common TN Occupations:
Accountant
Architect
College/university professor
Computer systems analyst
Engineer
Management Consultant

15. Questions?

16. How Can I Become a US Permanent Resident?
Family-based
Employment-based

17. Family Relationship Basis
Immediate Relatives – children, spouses, or parents of US citizens (no limit per year, no wait)
Unmarried sons & daughters of US citizens (23,400 visas per year)
Spouses/minor children & unmarried sons and daughters of US permanent residents (114,200 visas per year)
Married sons and daughters of US citizens (23,400 visas per year)
Brothers and sisters of US citizens (65,000 visas per year)
US citizen son or daughter sponsor must be age 21 or over

18. Family Based Green Card
Ways to Get a
Family Based Green Card
Adjustment of Status AOS
(USCIS)
Establish Family Relationship
Immigrant Visa Petition
(USCIS)
Consular Processing Overseas
(DOS)

19. Employment Basis Priority Workers (EB-1) 40,000 visas per year
Extraordinary ability (self-sponsor)
Outstanding professors & researchers (tenure-track position)
Business executives & managers (no labor certification required)
Advanced degree holders (EB-2)
Professionals with advanced degrees or exceptional ability in sciences, arts & business (labor certification required)
National Interest Waiver of labor certification requirement
Skilled & unskilled workers (EB-3)
40,000 visas per year
Skilled workers in short supply
Professionals with bachelor’s degree
Unskilled workers in short supply (all require labor certification)
Special Immigrants (EB-4)
10,000 visas per year
Religious workers; certain US govt. employees; Panama Canal employees; plus certain dependent juveniles
Investors (EB-5)
Must invest between $500,000 and $1 million
Must create at least 10 full-time jobs

20. Most Common Way to Get an Employment-Based Green Card
(for EB-2, EB-3)
Adjustment of Status AOS
(USCIS)
PERM
(Program Electronic Review Management)
(DOL)
I-140 Immigrant Visa Petition
(USCIS)
Consular Processing Overseas
(DOS)

21. Green Card Processing Backlogs
“Priority date” is “current”
EB-3 category and India and China in EB-2 category:
It could take five years or longer to get an immigrant visa, even if you start today!
See our website for more information
Contact Congress about visa delay

22. Quota Delay: Wait for Priority Date to File Adjustment of Status
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born
INDIA
MEXICO
PHILIPPINES
1st C
2nd
15FEB08
01SEP04
3rd
01MAY07
22JAN07
22NOV02
01SEP06
Other Workers
01JUL03
4th
Certain Religious Workers
5th
Targeted Employment Areas/ Regional Centers
5th Pilot Programs

23. Parting Thoughts Realistic assessment is important
Planning ahead is key
Get to know employers soon
Think of alternative and creative employment options

24. Need help with immigration matters?
How to choose an immigration attorney
Interested in an immigration consultation?
Contact:
Alvillar Law, PC
85 NE Loop 410; Suite 560
San Antonio, Texas 78216
(210)

25. Questions?