Employment Workshop Information on On-campus Employment, CPT, OPT, - - PowerPoint PPT Presentation

Employment Workshop

Information on On-campus Employment, CPT, OPT, the Cap- Gap Extension and Academic Training

Topics

This presentation will cover:

• On-Campus Employment
• CPT
• OPT

– Pre-Completion – Post-Completion

• Cap-Gap extension
• Academic Training for J-1 Students

1

On-Campus Employment

• If you are an F-1 or J-1 student, you are generally allowed to work on

campus if:

– You are currently in valid F-1 or J-1 student status and in good academic standing – You are enrolled in a full course of study, except during summer and winter breaks – You must maintain employment eligibility

• What constitutes “On-Campus” employment?

– Work on the school campus (like the library or dining hall) – Work on the campus, with a on-campus commercial firm (like Barnes and Noble bookstore) – Work at an off-campus location that is educationally affiliated with the school

• Note that the employment must be an integral part of your program, and the employer

must be contractually affiliated with the University of Delaware.

2

Restrictions for On-Campus Employment

• On-Campus employment is restricted to 20 hours per week while school is

in session, and 40 hours per week while school is out of session (during breaks)

• You must meet the basic requirements previously mentioned

3

How to find jobs and apply

• We recommend going to the career services center, which usually has a

current list of campus jobs

• You can go to an on-campus location and ask in person if there is

availability

• When you find a job, fill out an “On-Campus Employment Eligibility

Certification” form and submit to OISS

• OISS will review your case and decide whether you are eligible for this
• n-campus opportunity.

CONTACT OISS BEFORE YOU ACCEPT EMPLOYMENT ANYWHERE! We will help you stay legal!

4

Curricular Practical Training (CPT)

• The keyword is curricular

– The training you take must be required for a specific course or your dissertation

• Generally, students who take CPT are:

– Gathering research data for a paper or project – Doing on-location practicum work (such as student-teaching or

• btaining “real-life” experience as part of the curriculum)
• CPT is authorized for one semester at a time

5

Eligibility

• You may be eligible to apply for CPT if:

– Your training is required by a course you are currently registered for (in the semester during which you are training) – You have a signed offer letter that details the work you will be doing and how it applies to your curricular goals – You have a completed application, signed by your advisor and if you are a graduate student, the graduate office.

• In addition, you must:

– Have been lawfully enrolled full-time for one full academic year (some exceptions) – Continue to be enrolled full-time during the CPT

6

Restrictions

• CPT is limited to 20 hours per week while school is in session; you may be

approved for more than 20 hours while school is out of session

• CPT is not available to English Language students (undergrads and grads
• nly)
• CPT is not approved for students who have received a permanent

position

• An important note: 12 months of full-time CPT make you ineligible for

post-completion OPT in the future

7

How to Apply

• Fill out the CPT application form completely
• Register in the appropriate course that satisfies an academic core or elective

requirement .

– (3 credits in fall and spring semesters; 1 credit is required in winter and summer sessions). – Students on Sustaining status must provide proof that the CPT is required to complete their Thesis/Dissertation.

• Acquire a letter from the company indicating the:

– Description and responsibilities of the appointment – Exact address of the location of the CPT appointment – Dates of appointment – Hours per week

• Graduate Students must submit all of the above forms to the Office of Graduate &

Professional Education for review and signature at least one week before the first day of the start of CPT.

• OISS must approve the application for CPT no later than 4:00 pm on the last day of

free drop/add in any semester or term (no exceptions permitted).

8

Filling out the CPT Form

• You are responsible for making sure that your advisor completes the form

completely and correctly, and for obtaining the proper authorization

9

Optional Practical Training (OPT)

• The keyword is optional
• Students who engage in OPT generally:

– Are close to graduation or have graduated – Have been offered a position working in their field

• A job offer is not required to apply, but there are restrictions on

unemployment

• Requires USCIS authorization
• Pre-Completion OPT occurs before you have graduated
• Post-Completion OPT occurs after you have graduated
• 12 month maximum for full time OPT; part-time OPT is deducted at half the

rate

10

Eligibility

• To be eligible for OPT, students must meet the following conditions (in

addition to the basic requirements aforementioned): – Must have been lawfully enrolled on a full-time basis at a DHS-approved school for one full academic year. – Employment must be related to your major field of study – Students enrolled in English language training programs are not eligible for OPT. – Must be authorized by USCIS prior to employment (must have EAD card in hand)

11

Pre-Completion OPT

• Employment must be part-time if you are still enrolled in coursework, and

coursework must be taken full-time while school is in session.

• Employment can be full-time during official breaks or if you have completed

your coursework

12

How to apply for OPT

To apply, you must gather the following documents:

• A recommendation form signed by your academic advisor and, for graduate

student, the Office of Graduate & professional Education.

• Completed Form I-765 and Form G-1145 .(Please Read the instruction before

printing or filling the form)

Note: use OISS address on the I-765 form: c/o OISS, 413 Academy St. Room 151, Newark, DE 19716

• Copies of all Form I-20's page 1 and 3 (including I-20's from other

institutions), passport, visa and your I-94 card (back and front).

• A personal check or money order for $380 made payable to U.S. Department
• f Homeland Security.
• Two U.S. passport type photos.
• Employment letter (if offer has been made).

After you have all of the above, call (302)831-2115 to schedule an appointment with your immigration advisor.

13

A few notes on gathering your documents

• Make sure your copies are clear, legible, and complete. Even if you make

an appointment, you will not be seen if you do not have all of the appropriate copies

• Make sure your photos are 2”x2”, and high-quality. We recommend the

Camera Shop or UPS (both on Main street)

• Do not wear a white shirt for your photo
• If your packet is incomplete, USCIS will request additional documents or

clearer documents, and the process will be delayed.

14

Special notes on Pre-OPT

• You will select an OPT start and end date
• The application process with USCIS generally takes about 90 days
• You may not work until you receive your EAD card

15

Special notes on Post-Completion OPT

• You will select an OPT start date

– The application for Post-completion OPT definitively sets your graduation date. If you do not graduate on time, you will lose any time which has passed between the anticipated and actual graduation dates. – You can apply at most 90 days before and 60 days after your graduation

• date. USCIS must receive your application no later than 60 days after

your graduation date.

• The application process with USCIS generally takes about 90 days
• You may not work until you receive your EAD card
• After you have graduated, you will be cleared to come to OISS and pick up

your card

• Working without an EAD card in your possession is a violation of your

F-1 status

16

OPT STEM Extension

• Who is eligible?

– Students with I-20s in authorized STEM majors – Check your major with the STEM CIP code list. If the major on your I-20 is not found on this list, you do not qualify for a STEM extension. Contact OISS with any questions.

• What is the extension, and is it automatic?

– The STEM extension grants an additional 17 months to students in STEM fields who are employed with an E-verified employer – The extension is not automatic. You must apply at OISS before your employment authorization period ends

17

How to apply for a STEM extension

If you think you qualify for a STEM extension, you must provide the following:

• A copy of your diploma or graduation certificate
• Completed Form I-765 and Form G-1145 .(Please Read the instruction before printing or

filling the form) – Please note that this form will ask for your employer’s E-verify number

Note: use OISS address on the I-765 form: c/o OISS, 413 Academy St. Room 151, Newark, DE 19716

• Copies of ALL Form I-20's page 1 and 3 (including I-20's from other institutions),

passport, visa and your I-94 card (back and front).

• Copies of all your EAD cards
• A personal check or money order for $380 made payable to U.S. Department of

Homeland Security.

• Two passport type photos (see the guidelines)
• Employment letter
• Pre-paid mailing label (if you submitted the documents by mail) or eship request

Note: If you do not provide a mailing label, OISS will send your documents back to you via regular mail

18

Notes on OPT

• When you receive your card, check it for any errors. If you find an error, call

the number on the card and change it immediately

• Report any changes to your address or employer to OISS using our online

form – This is important! We need to know where you are working and how to get a hold of you. It is your responsibility to update us when things change.

• You should try to be employed while on OPT. If you can’t find employment,

keep a log to prove you have been trying. You can even take unpaid positions as long as you are working.

• You are permitted 90 total days of unemployment, and an additional 30 if

you are on a STEM extension.

19

H1B cap-gap extension

• What is the Cap-Gap and is it automatic?

– The cap-gap extension authorizes employment to cover an individual from the time the OPT ends and an approved H1B begins (October 1st), provided the H1B was filed in a timely manner – The extension is automatic, but you should contact OISS with your H1B approval notice so we can print a new I-20 for you

• What if my H1B application is denied?

– Your Cap-gap extension ends

• Can I apply in my 60 day grace period?

– If the H1B is filed during your 60 day grace period, the cap-gap will extend your status but not your work authorization

20

Academic Training for J-1 Students - Eligibility

Who is eligible?

• Your primary purpose in the United States must be to study
• You must be in good academic standing
• The proposed training must be directly related to your major field of study.
• Throughout your Academic Training you must maintain permission to stay in the United

States, in J-1 student status, and apply for extensions as necessary

• You must maintain health insurance coverage for yourself and any J-2 dependents

throughout your Academic Training

21

Academic Training for J-1 Students - Restrictions

• Your employment may not exceed the period of full course of study or 18 months, whichever is

shorter. – “Post-doctoral training" may last as long as 36 months. – Additional Academic Training is allowed only if it is required for the degree. The total training period may not exceed the period of full course of study.

• Part-time employment for Academic Training counts against the 18 or 36-month limit the same as

full-time employment.

• Earning more than one degree does not increase your eligibility for Academic Training.
• Academic Training approved after completion of your program must be reduced by

any prior periods of "Academic Training."

• Academic Training following completion of your program of study must involve paid employment.
• Whether the other items in the application are ready or not, you must obtain a written offer of

appropriate employment and present a copy to your J-1 Responsible Officer no later than 30 days after the end of your program, or you will lose eligibility for Academic Training after completion.

• If you plan to leave the United States after you complete your program of study and reenter the

country for J-1 Academic Training, you must obtain authorization before you leave. Otherwise, you will have trouble reentering. Consult your J-1 Responsible Officer for advice.

22

Academic Training for J-1 Students - How to Apply

• Obtain an offer letter from your prospective employer (see Sample Employer's Letter for J-1

Academic Training

• Give a copy of your employer's letter to your academic adviser or dean for use in writing to your J-

1 Responsible Officer recommending the Academic Training. Your adviser's letter must set forth – The goals and objectives of the specific training program; – A description of the training program, including its location, the name and address of the training supervisor, number of hours per week, and dates of the training; – How the training relates to the student's major field of study; and – Why it is an integral or critical part of the academic program of the exchange visitor student." – Your adviser must also approve your Academic Training for the length of time necessary to complete the goals and objectives of the training.

• When your academic adviser's recommendation is ready, you should deliver or send it to your J-1

Responsible Officer, with a copy of the employer's letter attached.

• Your J-1 Responsible Officer must evaluate the Academic Training program and decide whether it

is warranted and appropriate. If so, he or she will write you a letter of approval. To authorize post- doctoral training your J-1 Responsible Officer must also issue you a new Form DS-2019, for no more than 18 months at a time.

23

For More Information

Contact OISS anytime you are thinking of working!! http://www.udel.edu/oiss/Current_Students/Employment.html 413 Academy Street Newark, DE 19716

• iss@udel.edu

24

Goldblum & Hess

Jane W. Goldblum, Esq. · jane@goldblumhess.com Maria P. Fritzinger, Esq. · maria@goldblumhess.com 101 Greenwood Ave. Ste. 380 · Jenkintown, Pennsylvania 19046 T - 215.885.3600 · F - 215.885.0324 · www.goldhess.com

Two “Arms” of Employment Based Immigration Law

F H-1B O TN EB-1 EB-2 EB-3 E-3 J Professional Training Other B R EB-5 H-2B L H-3 EB-4 E-1 E-2

Overview

• Nonimmigrant Visas
• J-1: Trainee
• H-1B: Professional Worker
• Free Trade Visas: TN, H-1B Free Trade, E-3
• O-1 Visa: Extraordinary Ability
• E-1: Treaty Trader
• E-2: Treaty Investor
• Lawful Permanent Residency—The Green Card
• Petitions based on recruitment: PERM (EB-2 and EB-3)
• Petitions based on National Interest Waiver (EB-2)
• Petitions based on Outstanding Research/

Extraordinary Ability (EB-1)

• Diversity Visa Lottery
• Investment-Based LPR Process: EB-5 options

Nonimmigrant Visas

Visas for Foreign Nationals who wish to work in the United States for a limited period of time.

J-1 Trainee Visa: Is J-1 Visa Possible After OPT?

• Requirements:

1.Training Program; 2.Provide trainee with a skill or knowledge not readily accessible in home country; BUT 3.NEW RULE: Qualifying education or experience must have been gained abroad. MESSAGE: Basically not available for F-1 graduates.

• Duration: up to 18 months
• BEWARE: J-1 2 year foreign residency requirement is

triggered if acquired SKILL is needed in home country and/or if government financing is involved.

Visas For Professional Specialty Occupations: H-1B

Four Part Test:

• 1. Foreign National has at least at U.S. baccalaureate

degree or an equivalent foreign degree in field of study related to intended position;

• 2. Position requires a baccalaureate degree or equivalent

AND utilizes Foreign National’s field of study;

• 3. Position pays the wage cited in the CBA (unionized

positions) or the “prevailing wage” for the occupation in the metropolitan area, as determined by the U.S. Department of Labor (“DOL”).

• 4. There is an H-1B nonimmigrant visa number available!

The H-1B Problem: Lack of availability for “cap subject” positions

THE CAP: H-1Bs subject to cap for each Fiscal Year (runs from October 1 to September 30)

• 65,000 visas available for baccalaureate degrees; &
• 20,000 visas available for U.S. Advanced Degrees.

PROBLEM: AVAILABILITY – For FY 2014, the H-1B cap has been reached!!!

H-1B “Cap Gap”

Automatic Extension of Status & Work Authorization if:

• Student on post-completion OPT & maintaining

status

• H-1B Cap reached & H-1B Petition has been filed
• If H-1B Petition selected & approved = automatic

extension

• NOTE: If H-1B Petition NOT selected = no

automatic extension

H-1B Visa – Helpful Hints

• Be aware of quota availability
• If in STEM area, look for Employer that has

registered for E-Verify to obtain 17 month OPT extension

• Consider a “cap exempt” Employer (e.g.,

University or Hospital

• Duration: 6 years
• Qualifying positions:
• Full-time and part-time positions
• Concurrent employment
• Dual Intent
• Portability
• Who pays?

Visas For Professional Specialty Occupations: TN

Available only to Canadian / Mexican nationals

• Position must appear on NAFTA schedule.
• Includes: accountant, engineers,

management consultants, mathematicians, professors, comp. system analysts, etc.

• Available in 3 year increments
• Theoretically renewable indefinitely
• Canadians can apply at the border (no visa

req.)

• Mexicans apply at the Consulate / Embassy
• Spouses not permitted to work
• 100% nonimmigrant intent

Visas For Professional Specialty Occupations: H-1B1 FTA

Special visa based on bilateral free trade agreements between the U.S. and Chile and the U.S. and Singapore.

• Available in 18 month increments
• Theoretically renewable indefinitely
• Carries 100% nonimmigrant intent
• Spouses are not permitted to work
• Apply directly at the consulate /

embassy

Visas For Professional Specialty Occupations: E-3

Special visa available only to Australian nationals based on recent bilateral free trade agreement between the U.S. and Australia.

• Similar standard to H-1B visa
• Available in 2 year increments
• Theoretically available indefinitely
• Can apply at Consulate / Embassy
• Spouses provided employment

authorization

• Carries 100% nonimmigrant intent

O-1 Visa: Extraordinary Ability

For those who:

• Possess extraordinary ability in the sciences, arts,

education, business, or athletics. AND

• Have been recognized nationally or internationally for

those achievements as demonstrated by satisfying 3

• f 8 criteria listed in the regulations.

Duration:

• For the length of a specific project, or
• For an initial three-year period.
• Can renew indefinitely - 1 yr increments only

NOTE:

• Often held by those subject to J visa’s 2 year home

residency requirement.

• Often a vehicle for subsequent pursuit of Lawful

Permanent Resident status via I-140 EB-1 Petition for Alien of Extraordinary Ability.

Visas for Treaty Countries

E-1: “Treaty Trader”

• Applicant must be national of a treaty country and hold a

supervisory / executive or essential skills position.

• The trading firm must have the nationality of the treaty country.
• The international trade must be “substantial”.
• The trade must be principally between the U.S. and treaty

country.

E-2: “Treaty Investor”

• Applicant must hold same nationality as nationality of Treaty

Investing Company/ Employer.

• Employer must be owned or controlled by nationals of Treaty

Country who have invested a substantial amount of money in a “non marginal” enterprise.

• Employee must be offered a qualifying position: Executive,

Managerial or one requiring “Essential Skills.”

NOTE:

• Can apply directly at Consulate / Embassy
• 100% nonimmigrant intent
• Available for up to 5 years and renewable indefinitely
• Spouses provided employment authorization.

E-1/E-2 Treaty Countries

Albania (just E-2), Argentina, Armenia (just E-2), Australia, Austria, Azerbaijan (just E-2), Bahrain (just E-2), Bangladesh (just E-2), Belgium, Bolivia, Bosnia and Herzegovina, Brunei (just E-1), Bulgaria (just E-2), Cameroon (just E-2), Canada, Chile, Colombia, Congo (Brazzaville & Kinshasa – just E-2), Costa Rica, Croatia, Czech Republic (just E-2), Denmark, Ecuador (just E-2), Egypt (just E-2), Estonia, Ethiopia, Finland, France, Georgia (just E-2), Germany, Greece (just E-1), Grenada (just E-2), Honduras, Iran, Ireland, Israel (just E-1, but E-2 in the pipeline), Italy, Jamaica (just E-2), Japan, Jordan, Kazakhstan (just E-2), Korea (South), Kosovo, Kyrgyzstan (just E-2), Latvia, Liberia, Lithuania (just E- 2), Luxembourg, Macedonia, Mexico, Moldova (just E-2), Mongolia (just E-2), Montenegro, Morocco (just E-2), Netherlands, Norway, Oman, Pakistan, Panama (just E-2), Paraguay, Philippines, Poland, Romania (just E-2), Senegal (just E-2), Serbia, Singapore, Slovak Republic (just E-2), Slovenia, Spain, Sri Lanka (just E-2), Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago (just E-2), Tunisia (just E-2), Turkey, Ukraine (just E-2), United Kingdom, and Yugoslavia.

Lawful Permanent Residency: The Green Card

Process for Foreign Nationals who whish to remain permanently in the United States.

• Typically obtained through employment or

qualifying family member

• Most categories are subject to quotas and the Visa

Bulletin

Employment-Based Green Card/LPR Options

Options for Scientists/Researchers:

• EB-1 Scientist of “Extraordinary Ability”
• EB-1 Outstanding Researchers
• EB-2 National Interest Waiver
• EB-2 Schedule A, Group II: Scientist of Exceptional Ability

Options for Professionals:

• EB-2 PERM for positions requiring Advanced Degree (or

Bachelor’s + 5 years of experience).

• EB-3 PERM for positions requiring a Bachelor’s Degree

Also Consider Non-Employment Based Options:

• Diversity Visa Lottery
• EB-5 Investment-Based LPR Process
• Family-Based immigration

Typical Process for Obtaining a Green Card Through Employment

EB-2/EB-3 PERM Route (RECRUITMENT)

• 1. Employer files a “PERM”

Application with the DOL - Upon filing, foreign national gets PD

• 2. Employer files an I-140 Immigrant

Petition with USCIS

• 3. IF foreign national is in U.S. and

PD is current: FN (& family) file I- 485 Application for LPR status (plus EAD/AP Applications) with USCIS. How do I know if PD is current?

EB-1 & EB-2 NIW Route

• 1. Employer files an I-140 Immigrant

Petition with USCIS – Upon filing, foreign national gets PD

• 2. IF foreign national is in U.S. and

PD is current: FN (& family) file I- 485 Application for LPR status (plus EAD/AP Applications) with USCIS. How do I know if PD is current?

Introducing the Visa Bulletin…

Employment

• Based

(category)

All Chargeability Areas Except Those Listed

CHINA INDIA MEXICO PHILIPPINES 1st EB-1 Current Current Current Current Current 2nd EB-2 Current 05 MAY 2008 01 SEP 2004 Current Current 3rd EB-3 01 DEC 2007 01 DEC 2007 22 DEC 2002 01 DEC 2007 15 SEP 2006

The Visa Bulletin: Impact of Quotas

The Visa Bulletin tells how long it takes to become a LPR (and how long it will take for derivatives to obtain EAD)

May 2013 Visa Bulletin

http://travel.state.gov/visa/bulletin/bulletin_1360.html

IMPACT OF QUOTAS:

• EB-2: Indian and PRC Nationals must wait to file I-485 application or

consular process (everyone else can file I-140 Petition and I-485 Application concurrently!)

• EB-3: EVERYONE must wait to file I-485 application or consular process

IMPORTANT: Those subject to quota backlogs can extend H-1B (as long as they have approved I-140 Petition)!!!

EB-2 & EB-3 PERM/Labor Certification:

The “Recruitment-Based” Process for Professionals

PURPOSE: To preserve/safeguard job opportunities for (job seeking) U.S. Workers. For this reason: Your employer is required to test the labor market and prove, via extensive recruitment, that during the past SIX MONTHS it was unable to hire a U.S. worker with the MINIMUM required skills and expertise…despite the fact that the Employer was willing to pay the higher of the Actual or the DOL determined prevailing wage.

PERM Process: What You Need to Know

• It is Recruitment-Based
• It is based on your Employer’s minimum, hard-to-

find & fill, real requirements, as advertised—which includes THEIR educational & experience

• requirements. Thus, if the Employer requires:
• Advanced Degree or B + 5 yrs of experience– then, EB-2
• Bachelor’s Degree- then, EB-3 (yes, even if YOU have

Master’s)

• You must satisfy all advertised requirements.
• Your Employer must be willing/able to pay the

greater of the Actual Wage or the DOL determined Prevailing Wage.

Prevailing Wage—Hypo!

• Company A, located in Philadelphia, has an opening for

a Materials Engineer, requiring a Bachelor’s plus 5 years of experience, and offering a salary of $90,000/year. FN has Master’s plus 2 years of experience. Is $90K at least the Prevailing Wage?

• Prevailing Wage Determination/Wage Level— is based on:
• Job Title/Position (per DOL’s O*NET)
• Education and Years of Experience (and Job Zone)
• Other factors ‘add’ to level—such as supervisory experience
• Area of employment
• DOL’s Wages for a Biostatistician (Job Zone 5)

Level 1 Wage: $67,434 year Level 2 Wage: $79,872 year Level 3 Wage: $92,331 year Level 4 Wage: $104,770 year

How Long Does PERM/LPR Process Take?

PERM Application

• Pre-Recruitment (includes obtaining PWD): ~60 to 90 days
• Recruitment: at least 30 days
• Quiet period: 30 days
• Processing time: 60-180 days (currently 60 days)

I-140 (EB-2 or EB-3) Petition

• Regular processing: ~120 days
• Premium Processing: within 15 days

I-485 Application for Lawful Permanent Residence

• If Priority Date is current: ~60 to 180 days
• If Priority Date is not current—per Visa Bulletin: 4 to 11 years;

but can extend H-1B (so long as have approved I-140 Petition)!

PERM Process:

Helpful Hints

• Obtain a Master’s degree in a STEM field and look for a

position requiring same!

• Seek a position requiring and utilizing unique and “hard-

to-find” skills and/or that have “undesirable” job duties!

• If you gained skills on the job, distinguish your entry level

position from the position you hold at the time of PERM recruitment– think progressive experience!

• Plan ahead, especially if you are from India or PRC! It is

best to file the PERM application within the first 5 years of holding H-1B status.

EB-1 “Extraordinary” Researcher Option

Review:

• Category: EB-1 Extraordinary Ability in the Sciences, arts,

education, business, or athletics

• One step process: I-140 Petition & I-485 Application filed

concurrently!

• PERM not required!
• FN can self-petition!

Requirements: Intended for those who already are “stars” in

their field, who are considered among top 1% and have:

• Sustained national or international acclaim in the field &

recognition for original contributions;

• Work will be in the area of extraordinary ability;
• Work will substantially benefit prospectively the US.; and
• Regulatory Requirements: One-time achievement or

satisfaction of at least three of ten listed criteria AND ‘final merits’ criterion

EB-1 Extraordinary Ability Criteria

• Receipt of lesser nationally or internationally recognized prizes or awards for

excellence

• Membership in associations… which require outstanding achievements of

their members, as judged by recognized international experts in their disciplines or fields

• Published material about the alien in professional or major trade publications
• r other major media relating to the alien’s work in the field
• Participation, either individually or on a panel, as a judge of the work of
• thers in the same or an allied field
• Original scientific, scholarly, artistic, athletic, or business-related contributions
• f major significance in the field
• Authorship of scholarly articles in the field, in professional or major trade

publications or other major media

• Display of alien’s work in the field at artistic exhibitions or showcases
• Performance in a leading or critical role for organizations that have a

distinguished reputation

• Commanded a high salary or significantly high remuneration in relation to
• thers in field
• Commercial successes in the performing arts

(4) Comparable Evidence: If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.

EB-1 Outstanding Researcher (OR) Option

Review:

• Category: EB-1 Outstanding Researcher
• One step process: I-140 Petition & I-485 Application filed

concurrently!

• PERM not required!
• FN cannot self-petition!

Requirements:

• Three years of qualifying experience--expected to be Post-PhD;
• “Permanent” research position; and
• Evidence of international Recognition as outstanding—by

satisfying at least two of 6 regulatory criterion AND ‘final merits’ determination

EB-1 OR Regulatory Criteria

Criteria Typically Satisfied:

• Original scientific or scholarly research contributions
• Authorship of scholarly books or articles (in scholarly journals

with international circulation—e.g. high impact, first/last author)

• Participation as a judge of the work of others

Other Enumerated Criteria:

• Published material written by others about the alien’s work
• Receipt of major prizes or awards for outstanding

achievement

• Membership in associations which require outstanding

achievements

EB-2 “National Interest” Waiver Option

Review:

• Category: EB-2 National Interest Waiver (NIW)
• One Step process for all FNs other than those from India and

PRC (I-485 step for India/PRC: 5-9 year wait!)

• In BOTH cases, PERM is not required (“waived”) AND FN can

self-petition!

• Good option for temporary POST-DOC positions!

Threshold Requirements:

• Work is in an area of substantial intrinsic merit;
• The benefits of the work are national in scope; &
• The FN’s employment serves the national interest substantially

more than would an available U.S. worker. Hint: Satisfy as many OR criteria as possible!

EB-1/NIW Green Card/LPR Process:

Helpful Hints

• If you are in a temporary position or otherwise not eligible for

sponsorship and your research will benefit the United States – Think: National Interest Waiver!

• If you received your Ph.D. within the past 3 years, WAIT to file

EB-1 until you have 3 years of post-doctoral experience!

• If you have a permanent position and 3 years of Post-doc

research experience – Think: EB-1 Outstanding Researcher!

• If you have forthcoming, high-impact publications or just

published and don’t yet have citations: WAIT to file EB-1!

• If you want to self-petition, under EB-1 “Extraordinary Ability” or

via NIW: be ready to explain WHY!

• If you want to establish you are at the top of your field:

narrowly define same (e.g. particle physics instead of physics)!

EB-1/NIW Cases:

How Long Does LPR Process Take?

I-140 Petition – EB-1

• Regular processing: ~120 days
• Premium Processing: within 15 days

I-140 Petition – NIW

• Regular processing: ~120 days
• Cannot file via Premium Processing

I-485 Application for Lawful Permanent Residence

• If Priority Date is current: ~60 to 180 days
• If Priority Date is not current—per Visa Bulletin: 4 to 11 years; but can

extend H-1B (so long as have approved I-140 Petition)!

EB-1 option: can be <6 months; certainly < 1year!!!! EB-2 NIW option: same as above UNLESS from PRC or

• India. BUT Immigration Reform is in the pipeline!

Other Options:

If Employment-Based Permanent Residency is not an option, consider one of the other Green Card routes:

• Diversity Lottery,
• Family-Based (but, ONLY if bona fide

marriage), or

• EB-5.

The Future:

Comprehensive Immigration Reform and what it means for YOU!

QUESTIONS

G & H offers free consultations:

• Over the phone
• Via Skype
• Or, preferably, at our offices!

Jenkintown office (by train stop): Call 215-885-3600: Philadelphia office: Breaking News! G & H is opening an office for consultation purposes at 1818 Market Street; still call: 215-885- 3600

Goldblum & Hess

Jane W. Goldblum, Esq. · jane@goldblumhess.com Maria P. Fritzinger, Esq. · maria@goldblumhess.com 101 Greenwood Ave. Ste. 380 · Jenkintown, Pennsylvania 19046 T - 215.885.3600 · F - 215.885.0324 · www.goldhess.com