Recap of post-graduation visa options workshop for international students

This article recaps the "Post-Graduation Visa Options for International Students" workshop presented by immigration law specialist Adam Green. The event was held on Friday, February 10, 2017.

Key things to know about H-1B Work Visas

1. You must find a company that is willing to sponsor you.
2. University-level degree or equivalent is required for the position.
3. Salary must be at least the prevailing wage for the position.
4. H-1B visa is up to 3 years and can be extended up to another 3 years, unless the green card process is not yet complete.
5. H-1B application process is slow; please contact your lawyer or HR personnel early.
6. Premium processing fee and portability can be fast.
7. Filling begins on April 1 every year with an H-1B start date of October 1.
8. National hiring quotas in the United States: there are 65,000 spots available for people with a Bachelor Degree from a U.S. University or a Bachelor Degree, Master Degree, or Ph.D. from a foreign university; there are another 20,000 spots available for people who possess a Masters or Ph.D. from a U.S. University.
9. The CIS filing fee for non-exempt employers with 25 or more employees is $2,460. The CIS filing fee for non-exempt employers with 1-24 employees is $1,710. If premium processing is requested, add an additional $1,225.

Key things to know about Employment-Based Immigrants

1. Priority workers - no labor certification is required for three groups of priority workers: extraordinary ability in the arts, science, education, business, or athletics; outstanding professors and researchers; and multinational executives and managers.
2. Professionals possessing an advanced degree (or equivalent) or individuals of exceptional ability in the science, arts, or business: Individuals applying in this category must first obtain a labor certification. A labor certification is a determination by the United States Department of Labor that no American worker could be found for the job after a recently completed recruitment. This requirement is waived for those who can prove that their work is in the National Interest. In order to qualify for the National Interest Waiver, the applicant must demonstrate (1) that he or she is working in a field of substantial national importance, (2) the promised benefits of his or her work are national in scope, and (3) the applicant, by virtue of his or her personal accomplishments in the field can better serve that National Interest than a U.S. worker with the same qualifications.
3. Professionals possessing a Bachelors Degree, skilled workers, and other workers: A labor certification is required for all three groups within this category.
4. Special immigrants: This category includes ministers and religious workers.
5. Investors: Applicants must invest at least $500,000 in a business and create full-time employment for at least 10 U.S. workers.

Key things to know about Family-Sponsored Immigrants

1. Immediate relatives of U.S. citizens (no quota): Spouses, parents, unmarried children under 21 years of age, and some widows and widowers.
2. Categories of family sponsored preferences (yearly quota)
   (1) Unmarried sons and daughters age 21 or older of permanent residents
   (2A) Spouses and unmarried children under the age of 21
   (2B) Unmarried sons and daughters age 21 or older of permanent residents
   (3) Married sons and daughters of U.S. citizens
   (4) Brothers and sisters of any age of U.S. citizens who are at least 21 years of age

Note: Adam Green has been practicing immigration law exclusively for 20 years. His colleague in the office, Paul Herzog, has been practicing immigration law exclusively for 15 years. The Law Offices of Adam Green specializes in employment immigration issues, particularly the transition from student statuses to employment statuses. Mr. Green conducts annual workshops at UCSB and continues to be a great resource to OISS for immigration-related issues. For more information, please visit The Law Offices of Adam Green.

Office of International Students & Scholars (OISS) is responsible for filing all employment-based and US Permanent Residency petitions on behalf of UCSB. If you have questions about non-immigrant visa procedures at UCSB, please contact OISS at OISS@sa.ucsb.edu or (805) 893-2929.