Visa Options After GraduationVisa Options After Graduation Non-Immigrant Non-Immigrant

OISOIS Indiana UniversityIndiana University October 18, 2005October 18, 2005

SESSION GOALSSESSION GOALS Familiarity with U.S. visa systemFamiliarity with U.S. visa system

Discussion of non-immigrant Discussion of non-immigrant employment options employment options

Long-term career planningLong-term career planning

Non-ImmigrantNon-Immigrant Letters A-V: B-1/B-2, F-1/F-2, J-1/J-2 Letters A-V: B-1/B-2, F-1/F-2, J-1/J-2 Non-immigrant work visas:Non-immigrant work visas:

– F-1 Practical TrainingF-1 Practical Training– J -1 Academic TrainingJ -1 Academic Training– J -1 Faculty or ResearcherJ -1 Faculty or Researcher– J -2 Spouse or ChildJ -2 Spouse or Child– H-1 Specialty OccupationH-1 Specialty Occupation– O-1 Extraordinary O-1 Extraordinary – TN (Treaty NAFTA --Canada/Mexico)TN (Treaty NAFTA --Canada/Mexico)– E-3 Specialty Occupation (Australia) E-3 Specialty Occupation (Australia)

NO ADVERTISING REQUIREMENTS NO ADVERTISING REQUIREMENTS NO COMPARISON TO US APPLICANTSNO COMPARISON TO US APPLICANTS PART TIME OR FULL TIMEPART TIME OR FULL TIME

F-1 Practical TrainingF-1 Practical Training

ADVANTAGESADVANTAGES Easy to processEasy to process Valid up to 12 mosValid up to 12 mos No job offer neededNo job offer needed No salary issue (see No salary issue (see

H-1)H-1) Not employer Not employer

specificspecific

LIMITATIONSLIMITATIONS Hard to renew visa Hard to renew visa

abroadabroad 90 days minimum 90 days minimum

process at USCISprocess at USCIS

J-1 Academic TrainingJ-1 Academic TrainingADVANTAGESADVANTAGES

Auth. by sponsorAuth. by sponsor No specific No specific

employeremployer Valid up to 18 Valid up to 18

mos.mos. 36 mos. for post-36 mos. for post-

docsdocs Can be part timeCan be part time J -2 can apply work J -2 can apply work

auth. from USCISauth. from USCIS No salary issueNo salary issue

LIMITATIONSLIMITATIONS Some sponsors don’t Some sponsors don’t

authorizeauthorize Must have job offer in Must have job offer in

fieldfield Hard to renew visa Hard to renew visa

abroadabroad Bar on change to J Bar on change to J

researcherresearcher

J-1Researcher/TeachingJ-1Researcher/TeachingADVANTAGESADVANTAGES

Valid up to 3 Valid up to 3 years (5 years)years (5 years)

Can be part timeCan be part time J -2 can apply for J -2 can apply for

work auth. from work auth. from USCISUSCIS

No salary issueNo salary issue

LIMITATIONSLIMITATIONS Employer specificEmployer specific J -1 Programs onlyJ -1 Programs only Not for tenure trackNot for tenure track May give 2-year res. May give 2-year res.

requirementrequirement No H or green card if No H or green card if

2 year residence 2 year residence appliesapplies

Not for J -1 studentsNot for J -1 students

For spouse/child For spouse/child No specific employerNo specific employer

Can be part time/full-timeCan be part time/full-timeMust apply to USCISMust apply to USCIS

One year max. at a time (?)One year max. at a time (?)

J -2 Employment

TN (Treaty NAFTA)TN (Treaty NAFTA)Canada/MexicoCanada/Mexico

ADVANTAGESADVANTAGES Easy processingEasy processing Unlimited Unlimited

extensionsextensions No salary issueNo salary issue

LIMITATIONSLIMITATIONS Canadian/Mexican Canadian/Mexican

citizens onlycitizens only Limited to List of Limited to List of

ProfessionsProfessions Spouse cannot workSpouse cannot work One year at a timeOne year at a time Travel problems if Travel problems if

immigrant intentimmigrant intent

H-1B (SPECIALTY WORKER)H-1B (SPECIALTY WORKER)

ADVANTAGESADVANTAGES Easy to get visa Easy to get visa

abroadabroad Six years totalSix years total Mult. H’s for mult. Mult. H’s for mult.

employersemployers Premium Processing Premium Processing

OptionOption Portability Portability

LIMITATIONSLIMITATIONS

Numerical cap***Numerical cap*** Employer-specificEmployer-specific JobJob must require a must require a

bachelor’s degree bachelor’s degree Field of study must Field of study must

be same as jobbe same as job H-4 cannot workH-4 cannot work Minimum salary Minimum salary

Labor Condition Application Labor Condition Application (LCA)(LCA)

Establishes salary conditions with the Establishes salary conditions with the Department of Labor (NOT USCIS) forDepartment of Labor (NOT USCIS) for

H-1B visa.H-1B visa.

Has no relationship to Labor Certification Has no relationship to Labor Certification (LC) and permanent residence application.(LC) and permanent residence application.

Labor Condition Application Labor Condition Application (LCA) --- Dept. of Labor(LCA) --- Dept. of Labor

Worker paid actual wage paid to all Worker paid actual wage paid to all other workers, OR prevailing wage, other workers, OR prevailing wage, whichever is higher.whichever is higher.

No effect on working conditions of No effect on working conditions of those similarly employedthose similarly employed

No strike, lockout, or work stoppageNo strike, lockout, or work stoppage Notice provided to other workers at Notice provided to other workers at

worksiteworksite

H-1B Visa Petition (USCIS)H-1B Visa Petition (USCIS)

Document that position requires a Document that position requires a professional.professional.

Document that foreign national Document that foreign national fulfills position requirements.fulfills position requirements.

Submit application with approved Submit application with approved LCALCA

**May apply up to 6 months in **May apply up to 6 months in advance of start dateadvance of start date

H-1B CapH-1B Cap Cap of 65,000 set by CongressCap of 65,000 set by Congress Cap year runs 10/01 to 09/30 each yearCap year runs 10/01 to 09/30 each year Last year’s cap reached on 10/1/04Last year’s cap reached on 10/1/04 This year’s cap reached in August prior to This year’s cap reached in August prior to

start of new cap year.start of new cap year. Congress provided 20,000 cap exemption Congress provided 20,000 cap exemption

for those with U.S. masters degrees and for those with U.S. masters degrees and higherhigher

Set-asides for Chile and SingaporeSet-asides for Chile and Singapore

Exemptions from the numerical cap:Exemptions from the numerical cap:

– Institution of higher education or a related Institution of higher education or a related or affiliated nonprofit entity; nonprofit or affiliated nonprofit entity; nonprofit research organization; governmental research organization; governmental research organizationsresearch organizations

– Anyone counted against the cap at some Anyone counted against the cap at some point during the previous six yearspoint during the previous six years

– Extensions or amendments of H (with some Extensions or amendments of H (with some exceptions)exceptions)

H-1B FeesH-1B Fees $190 application fee$190 application fee

$500 anti-fraud detection fee$500 anti-fraud detection fee

$1,500 employer training fee ($750 $1,500 employer training fee ($750 for employers with 25 or fewer full-for employers with 25 or fewer full-time employees)time employees)

E-3E-3 Like H-1, Australians onlyLike H-1, Australians only

10,500/year10,500/year

Dependents can apply for Dependents can apply for employment authorizationemployment authorization

Other Non-immigrant Visas for Other Non-immigrant Visas for WorkWork

E-1E-1

E-2E-2

LL

OO

PP

Susie Student, AY 2005-06Susie Student, AY 2005-06 Sends out resumesSends out resumes AppliesApplies InterviewsInterviews

Feb. 2006Feb. 2006 Applies for OPT Applies for OPT April 2006April 2006 Offered job by ABC Co. (related to Offered job by ABC Co. (related to

her studies), her studies), April 2006April 2006 Employer files H-1 petition for her, Employer files H-1 petition for her,

requesting validity dates of requesting validity dates of 10/01/06-09/30/0910/01/06-09/30/09

May 2006May 2006 GraduatesGraduates June 2006June 2006 Starts employment on F-1OPT, Starts employment on F-1OPT,

valid 6/1/06 - 5/31/2007valid 6/1/06 - 5/31/2007 Oct. 2006Oct. 2006 Becomes H-1 10/01/06Becomes H-1 10/01/06

Susie Student, AY 2005-06Susie Student, AY 2005-06 Sends out resumesSends out resumes AppliesApplies InterviewsInterviews

Feb. 2006Feb. 2006 Applies for OPTApplies for OPT May 2006May 2006 GraduatesGraduates October 14, 2006October 14, 2006 Offered jobOffered job by ABC Co. by ABC Co. October 15, 2006October 15, 2006 Starts work on OPT valid Starts work on OPT valid 6/06-6/06-

6/07 6/07 April 1, 2007April 1, 2007 ABC Co. submits H-1 ABC Co. submits H-1 petition with petition with

start date of start date of October 1, 2007. October 1, 2007. June 2006June 2006 ????????

Susie Student, AY 2005-06Susie Student, AY 2005-06 Sends out resumesSends out resumes appliesapplies interviewsinterviews

March 2006:March 2006: Offered job by ABCOffered job by ABC ABC starts H-1 petition process to begin ABC starts H-1 petition process to begin

as of 10/01/2006as of 10/01/2006 Graduates May 2006, visits home Graduates May 2006, visits home

countrycountry August 2006:August 2006: H-1 approved to begin H-1 approved to begin

10/01/0610/01/06

Susie Student AY 2005-06Susie Student AY 2005-06 Sends out resumesSends out resumes AppliesApplies InterviewsInterviews

February 2006: February 2006: Applies OPTApplies OPT

March 2006:March 2006: Offered job by Enormous State Offered job by Enormous State UniversityUniversity

March 2006:March 2006: ESU submits H-1 petition with ESU submits H-1 petition with start date of 08/01/2006start date of 08/01/2006

Graduates May 2006, with OPT approved 07/06-06/07Graduates May 2006, with OPT approved 07/06-06/07

August 1, 2006: Becomes H-1August 1, 2006: Becomes H-1

What to say to EmployersWhat to say to Employers

You You cancan work in U.S. without green card! work in U.S. without green card!

– Practical Training (12 mos/18 mos)Practical Training (12 mos/18 mos)– H-1B (up to 6 years)H-1B (up to 6 years)– J -1 research/teaching (up to 3/5 years)J -1 research/teaching (up to 3/5 years)– O-1 if can prove exceptional abilityO-1 if can prove exceptional ability

– No advertising required!No advertising required!– Does not matter if US Citizens have applied!Does not matter if US Citizens have applied!

IU SEARCH Resource IU SEARCH Resource ListList

Sign-up for OPT Sign-up for OPT Sessions.Sessions.

Check out the Int’l Check out the Int’l Services Web PageServices Web Page

Network with Network with alumnialumni

Visit all career Visit all career officesoffices

(graduating F-1’s)(graduating F-1’s)

See especially See especially “Employment and “Employment and Training” Training”

SPEA, BPO, CDC have SPEA, BPO, CDC have many resourcesmany resources

GOOD LUCK!GOOD LUCK!

Visa Options After GraduationVisa Options After Graduation Immigrant Immigrant

OISOIS Indiana UniversityIndiana University

October 18, 2005October 18, 2005

SESSION GOALSSESSION GOALS Familiarity with U.S. visa systemFamiliarity with U.S. visa system

Discussion of routes to permanent Discussion of routes to permanent residenceresidence

Long-term career planningLong-term career planning

Who is an Immigrant ?Who is an Immigrant ? Legal Permanent ResidentsLegal Permanent Residents Green Card holdersGreen Card holders Whoever has “I-551” stamp in Whoever has “I-551” stamp in

passportpassport Resident AliensResident Aliens PRPR

Note: Not the same as CITIZENSHIPNote: Not the same as CITIZENSHIP

Immigrant Visas: Immigrant Visas: Employment-BasedEmployment-Based

– EB-1. Extraordinary Ability; Outstanding EB-1. Extraordinary Ability; Outstanding Researcher/ProfessorResearcher/Professor

– EB-2. Labor Certification Advanced Degree; EB-2. Labor Certification Advanced Degree; National Interest WaiverNational Interest Waiver

– EB-3. Labor Certification Bachelors or Skilled EB-3. Labor Certification Bachelors or Skilled WorkerWorker

– EB-4. Special Immigrants and Religious EB-4. Special Immigrants and Religious WorkersWorkers

– EB-5. Employment CreationEB-5. Employment Creation

Immigrant Visa Categories Immigrant Visa Categories Family-BasedFamily-Based

FB-1 Unmarried child under 21 of USC.FB-1 Unmarried child under 21 of USC.FB-2 Family of PRFB-2 Family of PR

A.A. Spouse/minor child of PR.Spouse/minor child of PR.B.B. Unmarried child over 21 of PR.Unmarried child over 21 of PR.

FB-3 Married child of USC.FB-3 Married child of USC.FB-4 Brother/sister of USC.FB-4 Brother/sister of USC.

Immigrant Visas: No QuotaImmigrant Visas: No Quota((Unlimited Number Available)Unlimited Number Available)**

Spouse of USC.Spouse of USC.

Parents of USC age 21 or overParents of USC age 21 or over

Unmarried children under 21 of USC Unmarried children under 21 of USC

DV Lottery winners (separate quota)DV Lottery winners (separate quota)

**Unless 2 year requirement appliesUnless 2 year requirement applies

Diversity Immigrant Visa Diversity Immigrant Visa Program (DV-Lottery)Program (DV-Lottery)

Application Period: 10/5/05 – 12/05/05. Application Period: 10/5/05 – 12/05/05. Can ONLY submit electronically, not by Can ONLY submit electronically, not by

paper.paper. Some countries not eligible to participate.Some countries not eligible to participate. For more information, see:For more information, see:

http://travel.state.gov/visa/immigranhttp://travel.state.gov/visa/immigrants/types/types_1318.htmlts/types/types_1318.html

Diversity Immigrant Visa Program (DV-2007)Countries NOT eligible to apply:

CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR,

HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, POLAND, RUSSIA, SOUTH

KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM

Persons born in Hong Kong SAR, Macao SAR, and Taiwan are eligible.

Routes to Employment-Based Routes to Employment-Based Permanent Residence:Permanent Residence:

1: LABOR CERTIFICATION1: LABOR CERTIFICATION

A. Labor Certification applicationA. Labor Certification applicationB.B. I-140 petitionI-140 petitionC. Form I-485 for Permanent Residence C. Form I-485 for Permanent Residence

2: I-140 PETITION2: I-140 PETITIONA. I-140 based on Outstanding, A. I-140 based on Outstanding, Extraordinary, National Interest Waiver Extraordinary, National Interest Waiver B.B. Form I-485 for Permanent Residence Form I-485 for Permanent Residence

Labor CertificationLabor Certification

A determination by the Department of A determination by the Department of Labor that no qualified USC or PR is Labor that no qualified USC or PR is available and able to accept the available and able to accept the position. position.

1.1. Filed with the Department of Labor as Filed with the Department of Labor as one step towards permanent residenceone step towards permanent residence

2.2. Has Has nono relationship with LCA non- relationship with LCA non-immigrant (H-1B) visa. immigrant (H-1B) visa.

3.3. AlwaysAlways requires advertising. requires advertising.

LABOR CERTIFICATIONLABOR CERTIFICATIONTEACHING (Special Handling)TEACHING (Special Handling)

– No re-advertisingNo re-advertising

– Can hire best qualified, not just Can hire best qualified, not just minimumminimum

– Normally no salary issueNormally no salary issue

LABOR CERTIFICATIONLABOR CERTIFICATIONNON-TEACHINGNON-TEACHING

– Extensive advertising requirements beyond Extensive advertising requirements beyond initial adinitial ad

– No experience/qualifications count if gained in No experience/qualifications count if gained in the positionthe position

– Only minimum requirements Only minimum requirements

– Salary requirementsSalary requirements

PERMPERM A new electronic Labor certification A new electronic Labor certification

filing procedure, effective March 28, filing procedure, effective March 28, 20052005

Processing within 60 days?Processing within 60 days?

Peter ProfessorPeter ProfessorLabor CertificationLabor Certification

Peter has Practical Training through August Peter has Practical Training through August 2006.2006.

February, 2006: Applies for faculty position February, 2006: Applies for faculty position advertised in the Chronicle.advertised in the Chronicle.

April, 2006: Offered position, H-1B papers filed April, 2006: Offered position, H-1B papers filed to start August 2006.to start August 2006.

May, 2006: “Special Handling” Labor May, 2006: “Special Handling” Labor Certification process started by school/attorney Certification process started by school/attorney using original ad and recruitment report.using original ad and recruitment report.

July 2006: Labor Certification approved, I-140 July 2006: Labor Certification approved, I-140 filed.filed.

Betty BrilliantBetty BrilliantLabor CertificationLabor Certification

Betty has job as Financial Analyst with ESU, has Betty has job as Financial Analyst with ESU, has H-1B valid through 9/07.H-1B valid through 9/07.

March 2006: ESU decides to sponsor for green March 2006: ESU decides to sponsor for green card, places ads, job order with Dept of Labor, card, places ads, job order with Dept of Labor, internal posting, etc.internal posting, etc.

June 2006: ESU screens applicants, no one June 2006: ESU screens applicants, no one meets job requirements but Betty. meets job requirements but Betty. Documentation collected.Documentation collected.

July 2006: Labor Certification filed.July 2006: Labor Certification filed. September 2006: Labor Cert approved.-> -> September 2006: Labor Cert approved.-> ->

Betty Brilliant continued!Betty Brilliant continued! October 2006: U.B. files I-140October 2006: U.B. files I-140 October/Nov 2006: Betty files for PR along October/Nov 2006: Betty files for PR along

with her husband and daughter.with her husband and daughter. June 2007: ESU applies for extension of June 2007: ESU applies for extension of

Betty’s H-1 OR Betty applies for EAD Betty’s H-1 OR Betty applies for EAD based on PR application based on PR application

September 2007: I-140 approvedSeptember 2007: I-140 approved December 2007: Betty and family given December 2007: Betty and family given

permanent residence.permanent residence.

Timeline for Labor Cert.:Timeline for Labor Cert.:

File Labor Certification with Labor (2 File Labor Certification with Labor (2 months) months) – teaching – file within 18 months of offer;teaching – file within 18 months of offer;– non-teaching – file 30-180 days after non-teaching – file 30-180 days after

completing recruitment completing recruitment File form I-140 with USCIS (3-24 File form I-140 with USCIS (3-24

months).months). File form I-485--PR application if visa File form I-485--PR application if visa

number availablenumber available

I-140 PETITIONI-140 PETITION

Bypassing Dept of Labor, file I-140 Bypassing Dept of Labor, file I-140 immigrant petition directly with the immigrant petition directly with the USCIS (No Labor Certification USCIS (No Labor Certification necessary):necessary):

1. Extraordinary1. Extraordinary 2. Outstanding Professor/2. Outstanding Professor/

ResearcherResearcher 3. National Interest Waiver3. National Interest Waiver

I-140: Outstanding Prof./Res.I-140: Outstanding Prof./Res.

– 3 years experience3 years experience– PublicationsPublications– Original contributionsOriginal contributions– employer-specificemployer-specific– ““permanent position”permanent position”– teaching or researchteaching or research– no salary issueno salary issue– no advertisementno advertisement

I-140: National Interest I-140: National Interest WaiverWaiver

– Advanced degree +2 yearsAdvanced degree +2 years– National interestNational interest– Publications, established in fieldPublications, established in field– Key role in researchKey role in research– Can be self-filedCan be self-filed– Non-permanent jobNon-permanent job– No salary issueNo salary issue– No advertisementNo advertisement– Why in national interest not to Why in national interest not to

advertiseadvertise

Timeline for I-140:Timeline for I-140: 1. File Form I-140 with the USCIS (3-1. File Form I-140 with the USCIS (3-

20 months)20 months) 2. File I-485 PR application if visa 2. File I-485 PR application if visa

number availablenumber available

OR:OR:

File File bothboth I-140 AND I-485 for PR at I-140 AND I-485 for PR at same time--only if sure I-140 will be same time--only if sure I-140 will be approved and visa number availableapproved and visa number available

Susie SummitSusie Summit

H-1B status:H-1B status: 10/2005 - 9/200810/2005 - 9/2008

I-140 filed as Outstanding I-140 filed as Outstanding Researcher:Researcher: December 2006December 2006

I-140 approved: I-140 approved: February 2007February 2007

Susie files for PR Susie files for PR Sept. 2007Sept. 2007

Gets EAD or extends H-1 as neededGets EAD or extends H-1 as needed

Simon SmartSimon Smart H-1B status:H-1B status: 12/2004 -12/200712/2004 -12/2007

Employer files I-140 for Outstanding:Employer files I-140 for Outstanding: Jan. Jan. 20062006

I-140 Approved:I-140 Approved: June 2006June 2006 Simon files for PR:Simon files for PR: June 2006June 2006 PR approved:PR approved:Dec. 2006 Dec. 2006

– Continues employment under H-1B visaContinues employment under H-1B visa

Can you apply to adjust status to Can you apply to adjust status to PR?PR?

• In most cases, once the I-140 is filed In most cases, once the I-140 is filed you are eligible to apply for you are eligible to apply for adjustment to PR status, by filing adjustment to PR status, by filing Form I-485 Form I-485

• However, the law requires that an However, the law requires that an Immigrant Visa Number be available Immigrant Visa Number be available for your country in the appropriate for your country in the appropriate employment-based category at the employment-based category at the time the I-485 is filedtime the I-485 is filed

Per Country LimitsPer Country Limits• Immigration Act of 1965 strictly prohibits Immigration Act of 1965 strictly prohibits

discrimination in the issuance of immigrant discrimination in the issuance of immigrant visa numbers based on country of birth or visa numbers based on country of birth or nationality.nationality.

• All countries are therefore treated equally All countries are therefore treated equally (given an equal number of immigrant visa (given an equal number of immigrant visa numbers), despite their relative populations numbers), despite their relative populations and numbers of highly-skilled workers and numbers of highly-skilled workers coming to the U.S.coming to the U.S.

Employment-Based Visa Employment-Based Visa NumbersNumbers

• EB-1: 40,000 per yearEB-1: 40,000 per year• EB-2: 40,000 per yearEB-2: 40,000 per year• EB-3: 40,000 per yearEB-3: 40,000 per year• EB-4: 10,000 per yearEB-4: 10,000 per year• EB-5: 10,000 per yearEB-5: 10,000 per year

• EB-1 gets visas unused by EB-4 and EB-5 (if any). EB-1 gets visas unused by EB-4 and EB-5 (if any).

• The EB-2 then gets the remainder not used by the EB-1 (if The EB-2 then gets the remainder not used by the EB-1 (if any).any).

• Finally, the EB-3 get the remainder not used by the EB-2 Finally, the EB-3 get the remainder not used by the EB-2 (if any).(if any).

• Numbers not used by one country may be used by other Numbers not used by one country may be used by other countries.countries.

The Priority DateThe Priority Date• Form I-485 (the actual application for Form I-485 (the actual application for

PR) cannot be filed unless the priority PR) cannot be filed unless the priority date is currentdate is current

• Priority date = your “place in line” for Priority date = your “place in line” for an immigrant visa number.an immigrant visa number.

• Date that a Labor Certification Date that a Labor Certification application was first filed; application was first filed;

OROR

• Date I-140 filed when Labor Date I-140 filed when Labor Certification not requiredCertification not required

Visa BulletinVisa Bulletin• Visa Bulletin is issued monthly by the Visa Bulletin is issued monthly by the

Department of State. Controls the total Department of State. Controls the total number of employment-based visas each number of employment-based visas each yearyear

• Summarizes which priority dates have an Summarizes which priority dates have an immigrant visa number available to them immigrant visa number available to them in the current monthin the current month

These workers can file Form I-485 and/or These workers can file Form I-485 and/or receive an immigrant visareceive an immigrant visa

travel.state.gov/visa/frvi/bulletin/travel.state.gov/visa/frvi/bulletin/bulletin_1360.htmlbulletin_1360.html

Eligible to file for PR but priority Eligible to file for PR but priority date not currentdate not current

• Individuals must maintain nonimmigrant Individuals must maintain nonimmigrant status and employment authorization while status and employment authorization while waiting for the priority date to become waiting for the priority date to become currentcurrent

• Although normally people can only hold H-1B Although normally people can only hold H-1B status for a total of 6 years, if Labor status for a total of 6 years, if Labor Certification or I-140 was filed at least one Certification or I-140 was filed at least one year before the end of the sixth year in H year before the end of the sixth year in H status, the H-1B and any H-4 dependents status, the H-1B and any H-4 dependents qualify for extensions as long as necessary. qualify for extensions as long as necessary.

Impact of October 2005 Impact of October 2005 RegressionRegression

• Backlogs in the 3Backlogs in the 3rdrd preference in all preference in all chargeability areaschargeability areas

• Backlogs for China and India in the 1Backlogs for China and India in the 1stst and 2and 2ndnd preference preference

• Further backlogs expected for other Further backlogs expected for other nationalities, perhaps as early as nationalities, perhaps as early as January 2006January 2006

• Virtually impossible to predict how Virtually impossible to predict how quickly they will move – as they are quickly they will move – as they are projectionsprojections

Impact -- Impact -- • If an I-485 is filed and is pending If an I-485 is filed and is pending

when the priority date regresses, the when the priority date regresses, the government puts it on hold and will government puts it on hold and will not resume working on it until the not resume working on it until the priority date for that application once priority date for that application once again becomes current.  again becomes current. 

• People whose I-485s have been People whose I-485s have been accepted by USCIS can continue to accepted by USCIS can continue to apply for employment authorization apply for employment authorization and advance parole (travel and advance parole (travel permission). permission).

Eligible to file for PR but priority Eligible to file for PR but priority date not currentdate not current

• Individuals must maintain nonimmigrant Individuals must maintain nonimmigrant status and employment authorization while status and employment authorization while waiting for the priority date to become waiting for the priority date to become currentcurrent

• Although normally people can only hold H-1B Although normally people can only hold H-1B status for a total of 6 years, if Labor status for a total of 6 years, if Labor Certification or I-140 was filed at least one Certification or I-140 was filed at least one year before the end of the sixth year in H year before the end of the sixth year in H status, the H-1B and any H-4 dependents status, the H-1B and any H-4 dependents qualify for extensions as long as necessary. qualify for extensions as long as necessary.

Eligible to file for PR but priority Eligible to file for PR but priority date not currentdate not current

• Individuals must maintain nonimmigrant Individuals must maintain nonimmigrant status and employment authorization while status and employment authorization while waiting for the priority date to become waiting for the priority date to become currentcurrent

• Although normally people can only hold H-Although normally people can only hold H-1B status for a total of 6 years, if Labor 1B status for a total of 6 years, if Labor Certification or I-140 was filed at least one Certification or I-140 was filed at least one year before the end of the sixth year in H year before the end of the sixth year in H status, the H-1B and any H-4 dependents status, the H-1B and any H-4 dependents qualify for extensions as long as necessary. qualify for extensions as long as necessary.

Special Notes affecting PR Special Notes affecting PR quota and processingquota and processing

Can extend H-1B beyond 6 years if Can extend H-1B beyond 6 years if Labor Certification or I-140 filed Labor Certification or I-140 filed before end of 5before end of 5thth year in H. year in H.

Individuals with I-485 pending over Individuals with I-485 pending over 180 days may change jobs or 180 days may change jobs or employers, as long as new job is in employers, as long as new job is in same or similar occupational same or similar occupational classification.classification.

Susie SummitSusie Summit

H-1B status:H-1B status: 10/2005 - 9/200810/2005 - 9/2008 I-140 filed as Outstanding I-140 filed as Outstanding Researcher:Researcher: December 2006December 2006 I-140 approved: I-140 approved: February 2007February 2007 Susie’s priority date not current.Susie’s priority date not current.

Extends H-1 as neededExtends H-1 as needed

Remember….Remember….

Labor Certification or I-140 Labor Certification or I-140 applications or approvals do NOT applications or approvals do NOT automatically give you work automatically give you work permission or permission to stay in permission or permission to stay in the U.S.the U.S.