US degree may become passport to green card

Washington: To attract the world’s “best and the brightest”, a group of top Democratic senators on Friday proposed immediate green cards for foreigners with advanced degrees from American institutes who also have job offers. This is good news for India which sends a large number of students to the US.
At the same time, they have proposed tightening of rules for H-1B and L1 visas, popular among Indian technology professionals.
The proposals being put forward by a coalition of powerful Democratic Senators are aimed at fixing the country’s broken immigration system.
The proposals “will reform America’s high-skilled immigration system to permanently attract the world’s best and brightest while preventing the loss of American jobs to temporary foreign labour contractors,” said a report drawn by senators Charles E Schumer, Harry Reid and Bob Menendez. At the moment, high-skilled workers are prevented from migrating to the US due to restrictive caps on their entry, says the 26-page conceptual proposal for immigration reform.
“In order to accomplish this goal, a Green Card (permanent residency) will be immediately available to foreign students with an advanced degree from a US institution of higher education in a field of science, technology, engineering, or mathematics, and who possess an offer of employment from a US employer in a field related to their degree,” it says. India sends the maximum number of students for higher studies to the US in the field of science, mathematics, engineering and technology and is therefore expected to benefit the most.
Under the current system, Indians have to wait for several years to get the coveted Green Card. “To address the fact that workers from some countries face unreasonably long backlogs, this proposal eliminates the per-country employment immigration caps,” the proposal said. PTI
Class Act
A group of Democrats in the US have proposed immediate visas for students with advanced degrees from American universities who also have job offers
If approved, India would benefit the most since it sends the highest number of students to the US
The senators argue that the proposal would ‘attract the world’s best and the brightest’

Source – Times of India dated 2nd May 2010

Optional Practical Training (OPT) Rules for F-1 Students

New OPT Rule

As of April 8, 2008, a new interim final rule regarding OPT has been established by the Department of Homeland Security. The highlights of this new rule are:

Extension of OPT for students in specific fields

Student’s, who have completed a degree program in Science, Technology, Engineering or Mathematics (STEM) are eligible for a 17 month extension of the OPT approval.

STEM Fields include:

– Actuarial Science
– Computer Science Applications
– Engineering
– Engineering Technologies
– Biological and Biomedical Sciences
– Mathematics and Statistics
– Military Technologies
– Physical Sciences
– Science Technologies
– Medical Scientist (MS, PhD)

Additional eligibility requirements include:

–  You must be currently authorized for a 12-month period of OPT and working for a US employer in a job directly to your field of study
– You must have successfully completed a bachelor’s, master’s or doctoral degree in a field on the DHS STEM Designated Degree Program
– At the time of application for the 17-month extension, you must have a job-offer or be employed by an employer registered with the “E-Verify” federal employment verification system.
– You must not have previously received a 17-month OPT extension after earning a STEM degree.

Reporting requirements for students

All students on OPT are required to report and update the following information to the ISS office:

– Change of name
– Change of residential or mailing address
– Name and address of employee
– Change in the name or address of employer
– When employment changes or terminates

In addition, students with an approved 17-month OPT extension must report to the student’s DSO within 10 days of any change of:

– legal name
– residential or mailing address
– employer name
– employer address, and/or
– loss of employment

You must also provide a report every six months to the ISS office to verify the above information.

Limits period of unemployment while on OPT

During post-completion OPT, F-1 status is dependent upon employment. Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT. Students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total 29-month OPT period.

Changes in OPT application deadlines

The rule now allows student to apply up to 90 days before program completion and 60 days after program completion.

Helpful web resources available on the new OPT rule:

Department of Homeland Security Announcement click here

US Citizenship and Immigration Services Q and A click here

NAFSA: Association of International Educators Resource on the Interim Final Rule click here

Text of Interim Final Rule
Text format, 27 pages click here
pdf file, 13 pages click here

United States – fundamental Immigration Terminology

Academic Training – work, training, or experience that is related to a J-1 student’s major area of study. Academic training must be authorized by the RO/ARO for the school.

Alien – any person who is not a citizen or national of the United States.

Curricular Practical Training (CPT) – temporary employment for F-1 students in an internship that is an integral part of an established curriculum at an academic institution. A DSO at the academic institution the student attends must authorize CPT.

Department of Homeland Security (DHS) – the department of the U.S. government that was formerly the Immigration and Naturalization Services (INS). The immigration functions of the department are administered by three bureaus including U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Patrol (CBP)

F-1 – a student pursing a full-course of study at an academic institution in the United States that has been given permission by the Department of Homeland Security to accept F-1 students.

Duration of Status (D/S) – the period of time a student is allowed to remain in the U.S. This is defined as the time period during which a student is pursing a full course of study or engaging in authorized practical training following completion of studies plus a 60 day (F-1s) or 30 day (J-1s) period to prepare for departure from the U.S. or to transfer schools.

J-1 – a non-immigrant coming under the exchange visitor program of an academic institution, which is administered by the Department of State. There are several categories of J-1 exchange visitors, including students. Students who are totally funded by personal or family funds are generally not eligible for J-1 status.

Overstay – someone who entered the U.S. on a non-immigrant visa and stayed beyond the period of time authorized. If a non-immigrant is considered an overstay his/her visa will be void and he/she must obtain a new visa at a U.S. consulate located in his/her country of nationality.

U.S. VISIT – a system developed by the Department of Homeland Security that uses biometrics (fingerprints & photographs) to confirm a visitor’s entry into and exit from the United States.

Unlawful Presence – a non-immigrant who remains in the U.S. after the period of authorized stay or is present in the U.S. without being admitted or paroled at the port of entry. The accumulation of 180 days of unlawful presence but less than 1 year will bar future entries into the U.S. for 3 years. The accumulation of more than a year of unlawful presence will bar future entries into the U.S. for 10 years.

U.S. Citizenship and Immigration Services (USCIS) – U.S. government bureau that is responsible for most immigration benefit applications and petition adjudications (i.e. optional practical training and change of status petitions).

Responsible Officer (RO/ARO) – an employee of the school that is responsible for creating DS-2019s, SEVIS records, and representing the school in all matters that relate to J-1s.

Special Registration or NSEERS – a requirement of some visitors to be registered with the Department of Homeland Security upon entry into the United States. If a visitor is subject to NSEERs it will be noted on his/her I-94. Individuals registered under NSEERS should be given “walkaway materials” at the port of entry explaining their obligations under special registration and listing the ports of departure that must be used when departing the United States. These materials are also available on Immigration and Customs Enforcement’s website at http://www.ice.gov/graphics/specialregistration/WalkawayMaterial.pdf.

U.S. Citizenship and Immigration Services (USCIS) – U.S. government bureau that is responsible for most immigration benefit applications and petition adjudications (i.e. optional practical training and change of status petitions).

Academic Training – work, training, or experience that is related to a J-1 student’s

major area of study. Academic training must be authorized by the RO/ARO for the school.

Alien – any person who is not a citizen or national of the United States.

Curricular Practical Training (CPT) – temporary employment for F-1 students in

an internship that is an integral part of an established curriculum at an academic institution. A DSO at the academic institution the student attends must authorize CPT.

Department of Homeland Security (DHS) – the department of the U.S. government

that was formerly the Immigration and Naturalization Services (INS). The immigration

functions of the department are administered by three bureaus including U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Patrol (CBP).

F-1 – a student pursing a full-course of study at an academic institution in the United States that has been given permission by the Department of Homeland Security to accept F-1 students.

Duration of Status (D/S) – the period of time a student is allowed to remain in the U.S. This is defined as the time period during which a student is pursing a full course of study or engaging in authorized practical training following completion of studies plus a 60 day (F-1s) or 30 day (J-1s) period to prepare for departure from the U.S. or to transfer schools.

J-1 – a non-immigrant coming under the exchange visitor program of an academic institution, which is administered by the Department of State. There are several categories of J-1 exchange visitors, including students. Students who are totally funded by personal or family funds are generally not eligible for J-1 status.

Overstay – someone who entered the U.S. on a non-immigrant visa and stayed beyond the period of time authorized. If a non-immigrant is considered an overstay his/her visa will be void and he/she must obtain a new visa at a U.S. consulate located in

his/her country of nationality.

U.S. VISIT – a system developed by the Department of Homeland Security that uses biometrics (fingerprints & photographs) to confirm a visitor’s entry into and exit from the United States.

Unlawful Presence – a non-immigrant who remains in the U.S. after the period of

authorized stay or is present in the U.S. without being admitted or paroled at the port

of entry. The accumulation of 180 days of unlawful presence but less than 1 year will

bar future entries into the U.S. for 3 years. The accumulation of more than a year of

unlawful presence will bar future entries into the U.S. for 10 years.

U.S. Citizenship and Immigration Services (USCIS) – U.S. government bureau that is responsible for most immigration benefit applications and petition adjudications (i.e. optional practical training and change of status petitions).

Responsible Officer (RO/ARO) – an employee of the school that is responsible for creating DS-2019s, SEVIS records, and representing the school in all matters that relate to J-1s.

Special Registration or NSEERS – a requirement of some visitors to be registered with the Department of Homeland Security upon entry into the United States. If a visitor is subject to NSEERs it will be noted on his/her I-94. Individuals registered under NSEERS

should be given “walkaway materials” at the port of entry explaining their obligations under special registration and listing the ports of departure that must be used when departing the United States. These materials are also available on Immigration and Customs Enforcement’s website at http://www.ice.gov/graphics/specialregistration/

WalkawayMaterial.pdf.

U.S. Citizenship and Immigration Services (USCIS) – U.S. government bureau that is

responsible for most immigration benefit applications and petition adjudications (i.e. optional practical training and change of status petitions).