Graduating foreign students can be an important addition to a U.S. employer's workforce. In many instances, the foreign student comes to the employer ready and able to work. Where employer sponsorship is required to secure employment authorization, the process is often quite straightforward.

I.	Practical Training - No Employer Sponsorship Required - Available for One Year After Completion of Studies

Most F-1 foreign students can obtain permission to work for one year immediately upon graduation as practical trainess without sponsorship by an employer. With documents provided by his or her Foreign Student Advisor, the student obtains an Employment Authorization Document (EAD) from the Immigration and Naturalization Service (INS) and then commence work immediately in any position related to his or her degree program.

An employer wishing to hire or continue to employ a foreign national who is a college or university graduate may sponsor the individual for H-1B temporary worker status.

For H-1B status, the employer needs to file the appropriate forms with the nearest Immigration and Naturalization Service. The foreign individual must have a Bachelors degree or higher (or the equivalent) in a particular field and the degree held must be a customary requirement for the position offered.

To obtain H-1B status for a foreign worker, an employer must file a petition with the INS. An approved petition can be valid for an initial period of up to three years with a three year extension possible, for a total of six years. Prior to filing this petition, a Labor Condition Application must be approved by the Department of Labor in which the employer attests that the hiring of the H-1B worker will not adversely affect wages and working conditions of U.S. workers in the occupation. The wage offered must be the actual wage paid by the employer to individuals with similar qualifications and experience for the occupation or the prevailing wage, whichever is higher. The employer is required to maintain documentation in support of some of the statements contained in the Labor Condition Application. The H-1B process is relatively simple and generally takes no more than 30-60 days.

Thus, prior to completion of an F-1 student's one year in practical training, the employer may commence the petitioning process with the INS to classify the worker as an H-1B professional worker. With F-1 practical training and H-1B status, an employer can benefit from our immigration laws which permit the employment of a foreign national for a total of seven years, without having to prove the unavailability of U.S. workers for the job.

II.	Permanent Residence - The Labor Certification Process - Employer Sponsorship Required

Applying for permanent residence through employer sponsorship usually requires a showing of the unavailability of lawful U.S. workers. This is often possible once the job's requirements are articulated in terms of education, foreign language fluency, computer skills and/or experience. The process takes approximately one and one-half to two years in the New York area and requires the employer to make a good faith effort to recruit lawful U.S. workers for the position offered.

SUMMARY

A graduating F-1 foreign student can be employed for a period up to seven years without showing of unavailability of lawful U.S. workers using one year of F-1 practical training followed by six years in H-1B status. When an employee's services are sought for an indefinite period of time, the employer may consider sponsorship for permanent residence.

An experienced immigration law practitioner can provide additional guidance regarding these matters.

For more information regarding H-1 Visa (PROFESSIONAL WORKER VISA) and PERMANENT RESIDENCY:
QUEENS COLLEGE LAW SCHOOL IMMIGRATION CLINIC
65-21 Main Street, Flushing NY 11367
Telp. (718) 575-4300

APPLICATION DEADLINE: FEBRUARY 1, 1999 (for Feb.'99 graduating students).

1. Pick up the "application for optional/post completion practical training (employment after graduation)"

2. SIGN I-765 Signature "Card".

3. COMPLETE: I-538 and I-765 forms.

4. Have faculty advisor or Academic Department Chairperson complete Academic Department Certification form.

5. Obtain two color photos: photos must be 1½ inches by 1½ inches and show ¾ view of face, with right ear showing on white background. Write name and INS# on the back of the photos.

6. Provide a $100 money order or check made out to:
   Immigration and Naturalization Service.   (INS processing fee)

7. Return the following documents to International Student Services:
   1. All original I-20's. NO PHOTOCOPIES.
   2. Copy of I-94. White card stapled in passport.
   3. Copy of visa stamp in passport.
   4. Copy of passport validity. First few pages showing country, name, birth date, date passport issued and passport expiration date.
   5. Signed I-765 Signature "Card".
   6. Completed I-538 and I-765 forms.
   7. Completed Academic Department Certification form.
   8. $100 check or money order. See #5 above.
   9. Two photos. See #4 above.

8. PICK UP DOCUMENTS LISTED ABOVE FROM INTERNATIONAL STUDENT SERVICES 1-2 WEEKS AFTER SUBMITTING THEM. Student is responsible for mailing them to INS

9. Mail documents "certified mail, return receipt requested" to:
   

   Immigration and Naturalization Service Attention: EAD Applications Vermont Service Center P.O. Box 9765 St. Albans, VT 05479-9765

   Expect to receive employment authorization card 4-9 weeks.

10. Note: Students travelling overseas will not be able to re-enter the U.S. without the employment authorization card. Click here for instructions on how to re-enter the U.S. while on Practical Training.