Immigration Law Resources

In these uncertain times, it is more important than ever that students in F-1 visa status remain vigilant about properly maintaining their visa status. U.S. federal law requires F-1 students to do as follows:

• Ensure that the university has your current contact information
• Maintain valid personal documents (Passport, I-20, I-94)
• Maintain a full-time course load during the academic year
• Do not work for the university or any other individual or organization without proper authorization
• Follow all applicable rules if you decide to transfer to another institution
• File the proper U.S. tax forms every year, even when you have not worked in the U.S.

For more information, please review the Maintaining F-1 Status Handout prepared by ISS, and contact ISS to schedule an appointment with your advisor.

International Student and Scholar Services has identified the following key steps to properly maintaining a student's J-1 status:

• Ensure that the university has your current legal name and contact information
• Maintain valid personal documents at all times (Passport, DS-2019, I-94)
• Maintain a full-time course load during the academic year
• Maintain health insurance coverage
• Obtain authorization from ISS before traveling abroad
• Do not accept any employment without proper authorization
• File U.S. income tax forms, even when you had no U.S. income
• If applicable, be careful to comply with the 2-year home residency requirements (or obtain a waiver from DHS/USCIS)

For more detailed information, please review the ISS Rules for Maintaining Lawful J-1 Status Handout, or schedule an appointment with your international advisor.

The H-1B visa is a common employment-based visa available for “skilled foreign workers” who come to the U.S. to work in a “specialty occupation” on a “temporary basis.” USCIS defines a specialty occupation as one that requires a minimum of a bachelor’s degree in a specific field (for example, a BS in Computer Science). In addition to looking at the position, USCIS will also look at the employee’s qualifications. In order to qualify as a “skilled foreign worker,” individual must have earned the specific degree required, or its equivalent. 

• Duration of Stay. The H-1B visa is a temporary status only. The period of H1B employment may be valid for an initial term of three (3) years and may be extended for another three (3) years. An individual may spend a total cumulative period of six (6) years.
• Dual-Intent Visa. The H-1B visa is considered a “Dual Intent” visa.  While it is a temporary status by design, it also permits the visa holder to have an intent to immigrate to (or permanently stay in) the United States. This means that unlike most other visa types, the H-1B allows an employee to pursue lawful permanent resident status, which has huge benefits.
• Availability.  Across most industries, H-1B visas are subject to a cap of 65,000 per year, plus an additional 20,000 reserved for individuals with advanced degrees obtained in the U.S. USCIS has a well-established lottery system, whereby H-1B applications must be submitted by April 1 of each year.  Those selected are notified on or around October 1. Higher education institutions and affiliated medical centers are exempt from the statutory cap.  This means that these organizations may freely hire employees who require H-1B sponsorship, without having to worry whether or not their application will be selected in the annual lottery. 

There are many benefits to having Lawful Permanent Residence status:

• May live permanently anywhere in the United States
• May work for any employer in the United States, and freely change employers, without restriction
• May own real estate anywhere in the United States
• May enroll in degree programs and receive Federal financial aid
• May become eligible for Federal benefits, including Social Security and Medicare
• May join the United States Armed Forces
• May become eligible to apply to become a U.S. citizen after 5 years