Options for F-1 Student Visa Holders After Graduation - Part II
vidagolaw on Mar 1st 2008
This is Part II in a three-part series on options for F-1 students after graduation and OPT. Part I focused on H-1B visas. Part II focuses on other non-immigrant visa options including L-1 Intra-Company Transferee visas and O-1 Persons with Extraordinary Ability visas.
Since the L-1 visa requires that the employee must have been employed by the foreign employer for at least one year out of the last three years, it may not be likely for a student to have had this prior experience, but it is possible. Requirements for the L-1 visa follow:
Non-Immigrant Visas: L-1- Intra-Company Transferee
An L-1 visa is suitable for a foreign company that wishes to transfer an
executive or manager to the U.S. to supervise an office in the U.S. An L-1
visa can also be used to set up a new subsidiary, affiliate or branch office in
the U.S. An L-1 visa can also be used to bring specialized knowledge employees
of foreign companies that have related U.S. branches, subsidiaries, affiliates
or joint venture partners.
Eligibility
1) A qualifying relationship must exist between the U.S. company and the
foreign company abroad.
2) Both the foreign company and the U.S. company must continue to remain
open and active for the entire duration of the L-1 employment in the U.S. If
the foreign company ceases to exist or ceases business activities, the L-1 visa
will result in loss of status.
3) The transferee, must have been employed overseas by the foreign company
for at least one year within the last three years and transferee will be
performing duties in the U.S. for the same or related company.
4) The transferee must be a manager, executive or a specialized knowledge
professional.
5) Transferees in Managerial and Executive positions are given L-1A visas.
They may be admitted initially for 3 years if there is an existing company or 1
year if opening a new office. Extensions are granted in 2 year increments for
a maximum of 7 years.
6) Transferees in specialty positions are given L-1B visas. They may be
admitted initially for 3 years if there is an existing company or 1 year if
coming to a newly established company. Extensions are granted in 2 year
increments for a maximum of 5 years.
7) Spouse and children of L-1 visa holders can accompany the principal visa
holder on L-2 visas. L-2 spouses can apply for employment authorization (work
permits).
Non-Immigrant Visa: O Visas - Persons with Extraordinary Ability
O Visas
The O visa is an option for individuals with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and essential support personnel. O visas are temporary work visas granted for a specific event such as a tour, lecture series or project or for a temporary work contract.
O Visa Requirements
Supporting documentation for an O visa should include:
1) A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the alien’s area of ability;
2) A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed;
3) Evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:
a) Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
b) Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;
c) Published material in professional or major trade publications, newspapers or other major media about the alien and his work in the field for which classification is sought;
d) Original scientific, scholarly, or business-related contributions of major significance in the field;
e) Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
f) A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
g) Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought;
h) Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
If the above standards do not readily apply to the alien’s occupation, the petitioner may submit comparable evidence in order to establish the alien’s eligibility.
Assistants of O Visa Holders
Only individuals, not groups qualify for the O-1 visa category. However, for athletes and members of the entertainment industry, it is possible for an assistant who is an integral part of the performance, who has skills and experience which are not available in the U.S, to apply for a O-2 visa to accompany the O-1 visa holder.
Who may apply for the visa?
The employer must file a petition on behalf of the individual in the
Spouses, Children & Partners
Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the
Applying for a green card from an O visa
Dual intent is allowed for those who are on O-1 visas. An O-1 visa holder may apply for permanent residency or a “green card” without creating a problem with his/her current O-1 status. The requirements necessary for an O-1 visa are similar to the requirements for an EB-1A green card – Aliens of Extraordinary Ability. The benefit is that a Labor Certification would not be required for this type of green card application.
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