US Visas

F-1

• The F-1 Visa (Academic Student) allows to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program.

• One must be enrolled full-time in a program or course that will help them earn a degree, diploma, or certificate, and the educational institution must have official U.S. government approval to accept foreign students.

• F-2 visa is for spouses and children of an F-1 student

• Note:

• F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions.

• After the first academic year, F-1 students may engage in three types of off-campus employment:

CPT

• CPT or Curricular Practical Training, gives international students authorization to gain employment training and to work in paid internships positions. Students have a chance to work full-time (more than 20 hours per week) or part-time (20 hours or less per week) earning money in US dollars and gain work experience in their area of interest.

• CPT is integral to their major and the experience must be part of their program of study.

• When students enroll at the graduate level, their designated school official (DSO) may authorize CPT during their first semester if the program requires this type of experience.

• The DSO will provide them a new Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” that shows that the DSO has approved them for this employment.

• CPT requires a signed cooperative agreement or a letter from student’s employer.

• If students have 12 months or more of full-time CPT, they are ineligible for OPT, but part-time CPT is fine and will not stop them from doing OPT

OPT

(Pre-Completion)

• F-1 students are eligible to participate in pre-completion OPT as long as they are enrolled full-time for a full academic year of study at a college, university, conservatory, or seminary that has been certified by U.S. Citizenship and Immigration Services (USCIS) to enrol F-1 students.

• Pre-completion authorization allows students to work part time — 20 hours or less — while school is in session, and to work full-time when school is not in session.

• Note:

• Pre-completion eligibility is not restricted to having an F-1 visa for the full academic year; if a student held another nonimmigrant status during part of that academic year but at that time was engaged in studies, they can still satisfy the requirements.

• For instance, a student starts on an F-1 visa, and during the year they are hoping to participate in OPT, they obtain a Green Card visa. They will still be allowed to participate in OPT.
   

OPT

(Post-Completion)

• Students who have completed their studies at a certified academic institution may pursue approval for post-completion OPT. Post-completion OPT does not restrict work hours — graduates may work part-time or full-time (40 hours per week).

• Remember, if a student participated in OPT prior to graduation, that time is accrued as part of the 12-month period of OPT. The time spent in pre-completion OPT will be deducted from the total time of the program.

• If a student’s status changes from F-1 to a Green Card, it does not reduce or restructure the OPT terms.

OPT

(STEM-Extensions)

• Students who have earned a degree in certain Science, Technology, Engineering, and Math (STEM) fields can apply for a 24-month extension – for a total of 36 months – of their post-completion OPT authorization if--

• The F-1 student received a STEM degree included on the ICE’s STEM Designated Degree Program List.

• The F-1 student is employed by an employer who is enrolled in and is using E-Verify.

• The F-1 student receives an initial grant of post-completion OPT authorization based on the same STEM degree which drives their current employment.

L-1

• The L-1 visa is an intra-company transfer U.S. visa. It allows a U.S. company to transfer a key employee from one of its offices in another country in the United States.

• L1 visa is a “dual intent” visa allowing the holder to apply for a Green Card

• For both L-1-A and L-1-B, the employee must have worked for the corporation for one continuous 12-month period in the previous 36 months.

 

H1b

• The H-1B Visa is used by foreign professionals who are sponsored by a U.S. employer to work in a specialty occupation in the U.S

• Valid time period– 3 years, it can be extended for 1 to 3 years

• Number of H1b visas issued each year is 65000 for graduates and 20000 for postgraduates from a U.S. college or university.

        [If it extends, the candidates will be selected in a lottery basis]

• An H1b holder’s spouse or children can move and live with them in USA with H4 visa but they can’t work unless they obtain their own work visa that is called as H4-EAD.

• H1b visa is a “dual intent” visa allowing the holder to apply for a Green Card.

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• Stay Duration: 

• The duration of stay for an H-1B visa holder is typically six years. The American Competitiveness in the 21st Century Act of 2000 created exceptions to maximize length of stay in certain circumstances.

• If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year increments until a decision has been rendered on their application for permanent residence.

• If the visa holder has an approved I-140 immigrant petition but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa until their adjustment of status can finish.

• The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work.

• H-1B holders who want to continue to work in the U.S. after 6 years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa if they do not qualify for one of the exceptions noted above allowing for extensions beyond six years.

EAD

• USCIS provides work authorization to certain visa holders and their spouses in the US. Each of the eligible individuals for such Employment Authorization needs to apply to USCIS using form I-765 and specify their category of work authorization.

• USCIS issues an EAD card for unrestricted employment in the USA.

• Form I-765 is the actual Employment Authorization Document. The Form I-766 is an EAD card (about the same size as a credit card).

• Don’t be confused with the name form after I-766, it is nothing but the EAD Card.

H4-EAD

• Historically, spouses of H1B visa holders were not allowed to work in the U.S. They were gettigng an H4 visa, which only allows them to lawfully live in the U.S. with an H1B visa holder.

• On February 24, 2015, it was announced by USCIS that The Department of Homeland Security (DHS) would start issuing Employment Authorization Documents (EAD) to eligible H4 visa holders.

• Holders of such an H4 visa EAD can now legally work or start a business in the U.S. as long as their spouse’s H1B visa is valid.

• H4 visa holders can apply for an H4 visa EAD as long as their H1B spouse meets the necessary eligibility requirements.

• H4 visa is a “dual intent” visa allowing the holder to apply for a Green Card

       

L2-EAD

• The L-2 visa allows the dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders to enter into the U.S.

• L2 EAD is an Employment Authorization Document that allows L2 visa holders (spouse and children of L1) to work in the United States.

• L2-EAD is normally valid for 2 years. However, L2 & L2-EAD visa will expire as soon as their spouse’s L1 visa expires.

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• New Rule: 

• In November 2021, the law was amended to allow qualified spouses to be automatically given an EAD by way of the L-2S designation when successfully applying for L-2 status.

• L-2 visa holders will no longer have to apply for an Employment Authorization Document (EAD).

• L-2 visa holders can present the new notice and their current, valid I-94 for work authorization. They will get L-2S on their i94, this would be considered as their work authorization (EAD).

• Dependent children in L-2 are not authorized to work in the United States. They are allowed to attend school

GC-EAD

• GC EAD, or Green Card Employment Authorization Document, is a government-issued ID card that allows individuals who are in the process of applying for a green card to legally work in the US.

• It provides the same legal status and protections as a regular Employment Authorization Document (EAD), but specifically indicates the applicant’s green card status.

• Eligible individuals can apply for GC EAD by submitting Form I-765 along with supporting documents and paying the required fees. .

• The GC EAD is typically valid for one year and should be renewed if the green card application is still pending.

• Once the green card is obtained, the EAD is no longer needed for work authorization

TN

• This visa is for Canadian and Maxican Nationals/Citizens only.

• They are called as “Border Commuters”.

• Time period – 3 years, it can be extended for 1 to 3 years.

• Many sponsor companies even prefer TN1 because they are easier to obtain.

• If a candidate has TN and looking for the Green Card, then they should change their status to H1b before applying for Green Card.

E3

• This VISA is for Australian National/Citizens only.

• Maximum validity - 24 months, which can be renewed.

• Many sponsor companies even prefer E3 because they are easier to obtain.

• E-3 visa holders are allowed to pursue permanent residency (Green Card) in the United States, and the visa has a dual intent provision.

Green Card

• A Green Card is a Permanent Residency Card for other countries people to live and work (lawfully) in the USA.

• A Green Card allows a non-citizen to qualify for U.S. citizenship after three or five years.

• The card is known as a "green card" because of its historical greenish colour. 

• Although some Permanent Resident Cards (Green Cards) contain no expiration date, most are valid for 10 years. For conditional permanent resident status, the card is valid for 2 years.

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• Ways to obtain a Green Card (GC): 

• Family-sponsored: Through close family relationships with U.S. citizens or permanent residents.

• Employment-based: Through a job offer or employment in the U.S. 

• Refugee or Asylee Status: Individuals granted asylum or refugee status may be eligible for a Green Card.

• Diversity Visa Lottery: Some individuals from countries with low rates of immigration to the U.S. may be eligible through the Diversity Visa Program. 

• Special Programs: Certain humanitarian programs or victims of crimes may qualify for a Green Card.

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• Notes: 

• As of 2019, there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 65,000 of them serve in the U.S. Armed Forces.

• Over 1 lakh kids in US may get separated from parents, 10.7 lakh Indians will have to wait for 134 years. 

• The US issues around 140,000 employment-based green cards annually to immigrants. However, there is a seven percent cap on the number of green cards that can be given to individuals from any single country.