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I often lecture to foreign students at U.S. colleges. I try to give them a glimpse of what they will experience after they graduate as they try to obtain jobs in the U.S. and get their "Green Card".
When F-1 foreign students graduate, they can qualify for one year of employment authorization under the Post Completion Practical Training program. J-1 Students may obtain eighteen months of employment authorization. You must be careful to consult your foreign student advisor. If you do not make your application on time, you will miss out completely on this program.
Once you have a job in your field, you will want to try to find a way to stay beyond your one year of practical training. An attorney can help you process an application for an H-1B visa. An H-1B visa will allow you to work in the U.S. for up to six years. You should have an attorney help you with this, for your employer will have extensive obligations under federal law. Your employer will also be subject to substantial penalties for failure to comply with these obligations.
You do not want to create any bad feelings between you and your employer. If your employer suffers any bad consequences as a result of failure to comply with the law, it could be a disaster for you.
After you have your H-1B, you will want to ask your employer to sponsor you for a "Green Card". The employer must make an application for an Alien Employment Certification with the U.S. Department of Labor. The employer will be asked to place an advertisement in the newspaper or a professional journal for your job. If no American workers apply, or if the American applicants are not qualified, then you can obtain a "Green Card"
The paperwork for both the labor certification and the H-1b can be extensive. This is another reason to hire an attorney. The attorney can remove much of the paperwork burden from your employer. Nevertheless, the employer will be asked to do considerable work. Please see Do You Need an Attorney and How to Pick One. Any employer who is not willing to help you with the labor certification is not worth working for. Do yourself a favor, and seek out the employers who are willing to help you with this. You should also have the employer speak to your attorney before you accept the position. You should let your employer know from the beginning all of the things that will be expected of him. If he's not willing to help you, then move on to another employer. |
