Must know Student and Working Visa Transition Options and Rules for 2019
In 2019, the US Immigration and Customs Services (USCIS) published a revised array of visa options, amending requirements, eligibility & quotas that will impact anyone seeking the best path for staying and working in the U.S.
If you are one of many holding an F1 student visa, J-1 exchange scholar visa, or even if you have successfully obtained an H1-B working visa and seeking the best green card paths, this Young NATEA seminar will help you understand your options and plan ahead.
The seminar also highlighted other visa options such as L-1, E-2, EB-1, EB-2, etc., and their pros and cons. We will leave ample time for Q&A so you can ask specific questions related to the increasingly confusing array of visa options and rules.
Visa topics covered in the seminar:
- When to apply.
- What type of employment allowed? Hours? Unpaid? Self-employed?
- Types of OPT and potential extension for STEM.
- Timeline of OPT and how OPT gaps into H-1B. What can you do if your OPT does not gap with your pending H-1B?
- Requirement and eligibility: position, prevailing wage, timeline, working hours, type of employers, self-employed. (This will be the main focus of this presentation.)
- Path to a green card, timeline, and strategy: PERM, EB-2, EB-3
- Timeline: H-1B Cap Cap
- Drive legally on what status?
- Transfer or multiple jobs.
- For those who have worked abroad and are able to work for the same company again, but in the US at a branch, or other arrangements. (Most people might not qualify for this, so I will spend less time on this category.)
- For those who have Taiwanese company/investment, and would like to set up US operations.
EB-1A/B, EB-2 (including NIW)
- EB-1A: Alien of Extraordinary Ability: What are the eligibility and how much evidence is needed? How long does this take and when normally does the process start?
- EB-1B: Outstanding Researcher or Professor: What are the eligibility and how much evidence is needed? How long does this take and when normally does the process start?
- EB-2 and National Interest Waiver: What are the eligibility and how much evidence is needed? How long does this take and when normally does the process start?
- Timeline and common paths for each category.
What can you do and what can’t you do now as an F-1 student?
- F-1 status and employment.
- Options for F-1 students to work.
- Business activities allowed?
Pointers to J-1 holders
- Determine whether one is subjected to the residency restriction.
- J-1 waiver types, procedures, and timeline.
- Common paths to employment in the US.
Career tips for finding someone who might be able to sponsor you in the future.
- How students can start now.
- Networking and job searching pointers for international students.
Ai-Tang Chang (Irene) | Perkins Coie LLP
Irene Chang advises on a range of trademark and copyright matters. She regularly conducts trademark searches, clearance and analysis, and counsels clients on trademark portfolio maintenance. Irene provides guidance on trademark filing strategies and prepares filings for the U.S. Patent and Trademark Office (USPTO) and the Trademark Trial and Appeal Board. She also has experience negotiating trademark settlements, drafting trademark and copyright assignments and licensing agreements, and preparing responses to Office Actions and trademark cease and desist letters.
Working with clients in the United States and Asia, Irene counsels companies in a range of industries, including videogame, 3D printing, semiconductor, cell phone manufacturing, blockchain, aviation, wholesale trading, biotechnology and food and beverage. Using her background in immigration law, Irene also helps secure visas for executives from the Asia-Pacific region to work in the United States