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.