Many international students wish to stay and work in the U.S. after graduation. One of the most common ways to do this is to have an employer sponsor the student for an H1b visa. Used for temporary, professional occupations such as doctor, lawyer, architect, teacher, accountant, software engineer, etc. It is very important for international students to understand how the H1b system works. And when to apply, in order to maximize the potential for obtaining this status in the U.S.

H1b Cap

On April 7, the United States Citizenship and Immigration Services (USCIS) announced that the infamous H1b “cap” or quota for Fiscal Year (FY) 2016 has been reached already. USCIS will now utilize a computer-driven “lottery” process to randomly select the petitions needed to meet the cap. USCIS has not yet announced when the random selection process will take place. If you are a student on Optional Practical Training (OPT) – permission to work after completing a degree program – or attending university with a pending H1b petition, keep in mind:

1. It may be several more weeks at a minimum before you know whether your case will be selected in the lottery or not.
2. Even if it is selected, the case will still have to be adjudicated and may be denied or approved.

To understand the importance of timing in the H1b process, let’s focus on a few common questions and answers.

What is this H1B “cap”? 

There is an annual limit on the number of new visas available for H1B workers. The cap or limit is currently set at 65,000. With 20,000 additional visa numbers for those who have earned masters’ or higher degrees in the U.S. The visas are effective at the start of the new fiscal year, on October 1. H1b petitions can be submitted no more than 6 months in advance of that date (April 1).

This means that MOST years, USCIS receives more applications than the quota around April 1. USCIS then announces that the “cap” or quota has been reached. And it will randomly choose petitions to process from that group or pile. If the H1B cap is not reached. Then the USCIS will continue to accept H1B cap cases until the they reach the quota.

However, in the past several years, USCIS has received more than enough petitions by the end of the fifth business day in April. This means that, effectively, NO H-1b petitions received after that date will even be considered for processing. And the employer and employee will have to wait another year entirely to apply!

What if I have not graduated college yet on April 1? When should my employer or potential employer submit an H1b petition on my behalf?

If you have a bachelor’s degree and are in a graduate program, the employer can file the H1b petition on April 1. Only if the position does not require the graduate degree. If you are still completing your bachelor’s degree and do not have equivalent work experience on April 1. You would not be able to apply (in most cases) on that date. Instead, you can work after graduation on OPT for one year.

STEM field graduates can then extend their OPT for another 18 months. However, given the cap and the uncertainty of the lottery system. It is extremely important that an international student with a job offer apply for an H1b visa at the very first opportunity on April 1 after receiving OPT.

Are all job offers or employers subject to the cap or quota?

No. If you work at a university, a government research organization, or a nonprofit entity that is clearly related to or affiliated with an institution of higher education, then you don’t need to worry about the H1b quota. Therefore, the employer can apply at any time during the year.

What happens if my period of OPT expires. And I don’t have any H1b or other visa yet to work in the U.S.?

It is extremely important to keep or “maintain” lawful status in the U.S. to be able to obtain a temporary visa classification or green card, in most cases. If you cannot file an H1B cap case before you complete the 60 day “grace” period after your degree or OPT. You should try to maintain status by enrolling in another degree program or changing to another temporary visa category such as B2 or H-4, if eligible. In certain cases you may have to leave the U.S. during processing or before approval.

What is the moral of the story?

F1 students in school or on OPT should absolutely plan ahead to have an employer file an H1b petition on April 1 whenever possible.
 
Laurie Woog
The Woog Law Office, LLC
Practice Devoted to Immigration and Naturalization Law

Blog post brought to you by:
Andrea Aronson
College Admissions Consultant 
Westfield, NJ

The post International Student Immigration Issues: H1b Quota Met as of April 7th and Lessons Learned first appeared on College Admission Counseling.

The H-1B Visa

The H-1b visa classification is a temporary visa. It allows US companies to employ foreign workers in a “specialty occupation” (one that requires a bachelor’s degree or higher, or the equivalent, as the minimum educational standard for entry into the profession). These professions include fields such as architecture, engineering, mathematics, science, and certain business fields. Students who are nearing completion of their degrees or the end of an optional practical training period (OPT) often seek H-1b status in order to work in the U.S.

The CAP

H1b visas are subject to annual numerical limits, or “the cap.” Current immigration law allows for a total of 85,000 new H-1B visas to be made available each government fiscal year. This number includes 65,000 new H-1B visas issued for workers in professional or specialty occupation positions. And an additional 20,000 visas available for those with an advanced degree from a US academic institution. Once the “cap” is reached, USCIS will not accept any new petitions until six months prior to the start of the next fiscal year.

If you didn’t already apply for an H-1b visa this year, unfortunately, you are stuck until next year. U.S. Citizenship and Immigration Services (USCIS) recently announced that it reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS also received more than 20,000 H-1B petitions filed for those who are exempt from the cap under the advanced degree exception. The visa numbers went quickly this year, basically between April 1 and April 5.

On April 7, 2013, USCIS used a random selection process (commonly known as a “lottery”) to select petitions needed to meet the quotas. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees.  Remember, if you are applying for a position at a university or non-profit associated with a university. The position is exempt from the quota and you can apply at any time.

What can you do if you missed this cut off?

Re-enroll in school, leave the U.S. temporarily, apply next year, perhaps change to another visa category, or consult an attorney or your school counselor about your options. Remember to stay in status at all times. And watch the news for any reform of the immigration laws!

Laurie Woog
The Woog Law Office, LLC
Practice Devoted to Immigration and Naturalization Law
www.wooglaw.com
 
Blog post brought to you by:
Andrea Aronson
Great College Advice

The post International Student Immigration Issues: Beware of the H-1B cap! first appeared on College Admission Counseling.

If you plan on coming to the United States as an international student. Do not plan on paying your tuition through a lucrative full time job. In general, students cannot work. There are, however, several important exceptions to this rule.

In contrast to off-campus work, prior authorization is not needed to work on-campus. On-campus work is limited to 20 hours per week while school is in session, and can be full-time during official school breaks.

Schools offer something called Curricular Practical Training (CPT), during which foreign students can engage in employment. CPT usually takes the form of a required internship within an academic program. That is, the internship is an integral part of an established curriculum. Such as working in a physical therapy clinic if you are studying to be a physical therapist in school. In most cases, the student must be registered for at least one academic year before applying for CPT authorization from the school. There is no fee, but the student must receive authorization prior to employment.

More commonly utilized for employment right after graduation is post-completion Optional Practical Training (OPT). A student on OPT must apply to USCIS for approval before graduation by submitting: Form I-765, the filing fee and required documentation. The student’s job must be related to his or her program of study. A student does not need to have a job to apply for OPT. However, only 90 days of unemployment are allowed.

Students on OPT are still on an F-1 visa and are given one year of work authorization for every level of school completed. For example, if you complete your bachelor’s degree in fine arts, then you can request a year of OPT and work in an art gallery. If you return to school and obtain a master’s degree in art history. Then you can request another year of OPT and work in a museum or other art-related setting.

Even more useful these days, if you are in a science, technology, engineering or mathematics-related field (STEM), you can request an additional 17 months. Permissible STEM fields for the OPT extension are found at: https://www.ice.gov/sevis/stemlist.htm. Utilizing a STEM extension often gives technology-savvy foreign students the time to find an employer, who will sponsor them for a work visa such as an H-1b in order to remain legally in the United States after the OPT expires.

Laurie Woog
The Woog Law Office, LLC
Practice Devoted to Immigration and Naturalization Law

Blog post brought to you by:
Andrea Aronson
College Admissions Advisor
Westfield, NJ

The post International Student Immigration Issues #5: Can I Work While I’m Studying in the U.S.A.? first appeared on College Admission Counseling.

Here is a list of some of the most important things to remember while you study in the United States so that you don’t find yourself faced with a violation of the F-1 regulations:

• Make sure that your data is always current in the SEVIS system. What is SEVIS? SEVIS stands for the Student and Exchange Visitor Information System, a database maintained by the U.S. government that holds information on all international students in the United States, including their addresses, school programs, work authorizations, and other data. While the school’s Designated Student Officer (DSO) is responsible for entering information into the SEVIS system. To keep your record in order, you are responsible for getting that information to the DSO.
• Always have a current paper copy of your I-20.  An I-20 is a SEVIS-generated document issued by your school which contains your personal, financial and academic information, and is signed by you and the DSO.
• Do NOT engage in employment off-campus without proper authorization. F-1 Visa students are not allowed to work, except in very limited circumstances. (We’ll explore this topic in more detail in a future blog post.)
• Maintain a full course load; “full-time” means 12 credit hours for undergraduates and 9 credit hours for graduates during the entire fall and spring semesters.
• Keep your school and USCIS informed of any address changes. International students must report any change of address within 10 days. Since some students move frequently, it is easy to forget this rule, but it is very important. There is no reason to risk an interruption or premature conclusion to your studies in the U.S. because you forgot to tell USCIS you moved into a new apartment.

Before going overseas, always make sure you are allowed to travel and that you have proper documentation to return to the U.S. Remember to check with your DSO about travel regulations, particularly during the summer. You must carry an original I-20 with a recent travel signature, and a passport valid for at least 6 months. The F-1 visa in your passport must be valid. If not, you will need to make an appointment to apply for a new F-1 Visa if you are still eligible.

When travelling, you should also carry the following:

The post International Student Immigration Issues #4: Maintaining the F-1 Visa While Studying In the United States first appeared on College Admission Counseling.