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Nonimmigrant, Immigrant, Permanent Residency, Citizenship. Guidance on non-immigrant and immigrant visa options and processes, applications for permanent residency, and naturalization as a US citizen.

U.S. Immigration

Understanding immigration law requires learning both substantive legal eligibility and application procedures. Here you can find resources that will give you a sense of both.


Nonimmigrant Visas

E Treaty Visas

F-1 and OPT


Foreign nationals who enter the United States to pursue educational degrees are admitted as F-1 nonimmigrants. F-1 nonimmigrants must be full-time students. While enrolled they do not have authorization to accept employment off-campus, with some minor exceptions. There are two basic types of off-campus work authorization available to F-1 students.


Curricular practical training (CPT) is employment which is an integral or important part of the F-1 student’s curriculum. This would include alternate work/study, internship, cooperative education or any other required internship or practicum which is offered by sponsoring Employers through cooperative agreements with the school. The student must receive academic credit for the employment.


The Designated Student Official (DSO) has the authority to grant requests for either part-time or full-time curricular practical training. Such practical training is Employer-specific and USCIS approval is not required. The part-time designation only allows for up to 20 hours of work per week, whereas the full-time designation allows for full-time employment without enrollment. As long as the eligibility of the student and the position are maintained, there is no limit on the duration of CPT employment during the F-1 student’s program of study. However, an F-1 student who has completed 12 months or more of full-time CPT is not allowed to engage in optional practical training.


Optional practical training before and after completion of studies

An F-1 student may be eligible for up to 12 months of optional practical training. This is available while pursuing or after completing a course of study. Full- or part-time practical training is allowed; part-time practical training will be deducted at one-half the full-time rate. The F-1 student is eligible to apply for practical training only after the student has been enrolled for nine consecutive months as a full-time student.


Optional Practical Training (OPT) must be related to the student’s major area of study and is available in four instances: (1) while school is in session (limited to part-time only); (2) during vacations; (3) after completion of all course requirements for the degree; and (4) after completion of the course of study.

The student must apply to the DSO for endorsement on Form I-20 that OPT is recommended. Once OPT is recommended the student is required to file form I-765 (Employment Authorization Document) with USCIS. Once the EAD card is issued, the student can commence employment. The EAD card is normally valid for 12 months and current processing time is 30-90 days.


DISCLAIMER: This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm. Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.

H-1B1 Singapore-Chile Free Trade Agreement

For nationals of Australia, Chile, and Singapore, U.S. immigration law makes available work visas that permit qualified professionals from these countries to enter the U.S. and work for a sponsoring U.S. employer.  Here is a summary of these visa types:


H-1B1

  • Created pursuant to 2003 free trade agreements signed between: 1) the United States and Chile, and 2) the United States and Singapore

  • Provides 1,400 visas annually for Chileans and 5,400 visas annually for Singaporeans, counted separately from the H-1B visa cap

  • Permits nationals of Chile / Singapore to work for an employer in the U.S., provided:

    • the position is a specialty occupation typically requiring a Bachelor’s degree or higher for entry (similar to H-1B)

    • the Chilean / Singaporean applicant is qualified (has the equivalent of a Bachelor’s or higher), and

    • the employer makes wage attestations (Labor Condition Application (LCA))

  • The H-1B1 is also available to certain Chilean and Singaporean nationals who:

    • seek to work as Agricultural Managers or Physical Therapists (Chilean nationals only), or

    • seek to work as Disaster Relief Claims Adjusters or certain Management Consultants

  • H-1B1 status holders may stay in the U.S. in increments of one year, with no maximum duration on stay, provided maintenance of nonimmigrant intent (no immigrant or “dual” intent)


E-3

  • Created pursuant to REAL ID Act of 2005

  • Provides 10,500 visas annually for Australians, counted separately from other visa types (like the H-1B)

  • Permits nationals of Australia to work for an employer in the U.S., provided:

    • the position is a specialty occupation typically requiring a Bachelor’s degree or higher for entry (similar to H-1B)

    • the Australian applicant is qualified (has the equivalent of a Bachelor’s or higher), and

    • the employer makes wage attestations (Labor Condition Application (LCA))

  • E-3 status holders may stay in the U.S. in increments of two years, with no maximum duration on stay, provided maintenance of nonimmigrant intent (no immigrant or “dual” intent)


Key advantages of the E-3 and H-1B1 visas include:

  • A petition to USCIS is not required; eligible applicants can apply for their visa directly at a U.S. consular post

  • Eligible applicants already in the U.S. in another nonimmigrant status (B-1, H-1B, L-1, or similar) can apply to change their status to H-1B1 or E-3, via a USCIS petition

  • Employees already in the U.S. in E-3 or H-1B1 status can apply to extend their status without having to leave the U.S., via a USCIS petition

Contact your J&H team if you have questions on the E-3 or H-1B1 visas.

H-3 Trainees


The H-3 nonimmigrant visa category allows foreign nationals to come temporarily to the United States as trainees to receive training, and is not intended for productive employment. The H-3 program is designed to provide a foreign national with job-related training that is not available in his or her country for work that will ultimately be performed outside the United States. There are no numerical limits on the number of people who can be granted H-3 visas as trainees each year.


An H-3 petitioner (employer) is required to submit evidence to demonstrate the following:

  • The proposed training is not available in the trainee’s own country;

  • The trainee will not be placed in a position that is in the normal operation of the business and in which U.S. citizen and resident workers are regularly employed;

  • The trainee will not engage in productive employment, unless it is incidental and necessary to the training; and

  • The training will benefit the trainee in pursuing a career outside the U.S..


Additionally, the H-3 beneficiaries (trainees) must also establish that they intend to return to their foreign residence upon the termination of their H-3 status.


H-3 programs may be granted for up to two years. If an H-3 trainee has spent two years in the U.S. in H-3 status, s/he may not seek extension of, change of status to, or be readmitted in, either H-visa or L-visa status unless s/he has resided outside the U.S. for the previous six months. The H-3 trainee can only extend status if the initial stay was less than 2 years, and the total period of stay, together with the extension period, does not exceed 2 years.

 

DISCLAIMER: This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm. Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.

Immigrant Visa Petitions

EB-1a Extraordinary Ability: About Extraordinary Ability (EB-1a)

EB-1b Outstanding Researcher: About Outstanding Researcher (EB-1b)

EB-1c Multi-National Manager: About Multi-National Manager (EB-1c)

EB-2 National Interest Waiver: About National Interest Waiver (EB-2)

I-140 Immigrant Visa Petition after PERM Labor Certification Approval: About EB-2 and EB-3 Petitions

Schedule A Group II: About Schedule A Group II

Special Handling PERM for Universities

Visa Bulletin and quota movement

 

For all petitions filed by an employer, the petitioning entity must establish that it has the ability to pay the offered salary from the priority date of the petition to the date that permanent residency is granted. Ability to pay must be documented via: 1) annual reports for public companies, 2) federal tax returns, or 3) audited financial statements. In some cases, a financial officer letter or additional evidence, such as profit/loss statements, bank account records, or personnel records may be submitted.

USCIS has provided guidance that if the net income or net current assets are equal to or greater than the offered wage, or the beneficiary has been/is being paid the offered wage, the ability to pay is generally considered to be established. In determining whether or not the petitioning entity has the ability to pay the offered salary, USCIS officers are to review the totality of the circumstances.

DISCLAIMER: This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm. Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.

Applications for Permanent Residency (AOS and Consular)

 

DISCLAIMER: This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm. Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.

Application process available for Lawful Permanent Residents


This information is intended for clients of Jackson & Hertogs only.  This is not intended to provide legal advice to non-clients of this firm.  Nor will we respond to inquiries from non-clients.  You should seek your own legal counsel in these matters.

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