If you are international
student in the USA on an F-1 visa, then
you have an excellent opportunity to eventually
become a permanent resident of the USA.
Students come to the USA either on an F-1
or J-1 visa. The J-1 has one advantage over
the F-1: it allows the J-1 holder's spouse,
who would receive a J-2, to work in the
USA while their spouse is studying. But
after their education or training, J-1 and
J-2 holders have to return to their native
countries for at least two years before
they can re-enter the country to work. For
most individuals from the Third World, this
condition usually means that you may never
have another opportunity to settle in the
USA. But the F-1 has no such restrictions.
F-1 visa holders can apply for jobs and
use the jobs to get their permanent residence,
also known as the green cards.
International students planning to stay
back must remember a few things that will
help make their progress from an F-1 to
an H-1B and then onto the green card smooth
and uneventful.
It is always easier if one has at least
a master's degree. Unless you arein a high
demand area like nursing or information
technology, a bachelor's degree is usually
inadequate. The labor department, which
gives the permission to hire foreign workers,
finds it hard to believe that anyone with
just a bachelor's degree has such unique
skills that there are no Americans who can
do that job. In information technology,
it is generallyunderstood that skilled workers
are unavailable, so even a bachelor's degree
will do, but not in other areas.
Never violate your status. As an F-1,
you are required to be a full-time student
in every semester, which is at least nine
credits for graduate students and 12 credits
for undergraduate students. When your
course work is completed and you are writing
your thesis, make sure that you register
for that so that your status remains intact.
You do not have to register during the
summer semesters. Also remember that as
an international student you can work
only on campus and only for 20 hours a
week. If you break these laws you will
be out of status. If by any chance you
have violated your status, but you still
have a valid multiple entry F-1 Visa,
then you can restore it by making a short
trip overseas ? the Bahamas, Mexico and
Canada are all close by ? and then re-enter
the USA. While on the subject, it is good
to know that F-1 visas are only entry
documents. Even if your visa has expired,
you can continue to stay in the USA and
study, legally, until the validity date
on your I-20.
Do not waste your practical training
period. All F-1 students are allowed to
work off-campus for one year if in the
preceding year they have maintained their
status as F-1 students. Many students
are tempted to avail this privilege in
order to make money. It can prove to be
a disaster if you do not land a job as
soon as you graduate, and you have already
used up your practical training period.
You will either have to go back or violate
your status. Sometimes, even when you
get a job on time and your lawyer applies
for your F-1 on time, delays at INS ,
which aren't that infrequent, can abruptly
disrupt your life plans. At this time,
your practical training period can come
in handy. You can start work on your training
work permit and not worry about waiting
on the INS.
An H-1B is a provision created by the
Congress to enable foreigner workers to
come to the USA temporarily and help American
organizations and business meet a shortfall
in expert help. Globalization and the
high-tech boom in the USA has created
a demand for skilled workers that far
outstrips local supply. The amount of
H-1B visas available each year varies.
In the year 2000-2001, there are 107,000
H-1B visas available. There is a proposal
to raise it to 195,000, but that depends
on who is elected president. Democrats
usually favor immigration, but that might
change since globalization is now hurting
labor even in the First World. Remember
the riots in Seattle and Switzerland against
the World Trade Organization?
You can get H-1B sponsorship from two
kinds of employers: labor consultants
and companies. Some labor consultants
hire people whom they can contract to
other firms. For example, a company may
hire you for $35,000 a year, acquire your
H-1B and then subcontract you to some
other company at $50 an hour. The company
will make about $96,000 by contracting
you and profit nearly $61,000. Some candidates
who are in a hurry to get a job join such
firms. But always remember these firms
never sponsor people for green cards.
Even larger firms that you could work
for directly do not sponsor their employees
for green cards. Which means they will
use you for six years ? the maximum period
available for an H-1B employee ? and then
discontinue you. You will have no option
but to go out of the USA and won't be
able to return for two years. So before
you say "I do," make sure that
the company you are joining is willing
to sponsor your green card. You can join
any firm and start looking for another
job that will sponsor you. It may entail
working in less glamorous places and for
lesser wages, but if you want a longer
stay in the USA be prepared to pay the
price.
You can be on an H-1B for six years,
and it takes the entire green card process
about three years. You have to be with
the same employer during that period.
If you switch jobs, you have to restart
the entire process.I do not recommend
this no matter how much extra the new
firm pays. For this entire odyssey you
need patience, steadfastness, a good lawyer
and about $5,000. The F-1 to H-1B usually
costs between $1,500 and $2,000, and the
H-1 to green card will cost between $2,500
and $3,500. Remember to hire an immigration
attorney. Feel free to interview them
and check their past history. Offices
in a downtown area are usually good indicators
of success, but probably also means higher
fees. Do not, under any circumstances,
allow ethnicity or back-home connections
to influence your choice of attorney.
Nothing can be more foolish.
The process sounds tedious, time- and
money-consuming and full of legal hurdles.
But believe me, it is worth it. The USA
is a great country, full of opportunity
and freedom. It is a prize worth working
hard for.
