This post was written after the September 27, 2017 iJOBS event: Applying for jobs as an international student, advice from an immigration attorney held at Rutgers University On September 27th, immigration lawyer Michael J. Goldstein gave a talk on the process of going from a student with F1 status to finding a job with an H1-B petition and further. During a time of turmoil regarding immigration laws, Goldstein stressed how important it is to find a lawyer focused primarily on immigration law. This makes sense; you want your lawyer to be an expert in and focused on immigration, not someone who is also juggling divorce cases on the side. Also, while this might not be obvious, it is potentially more beneficial to find a lawyer that has a fixed legal fee as opposed to paying by the hour. You want to pay for the services you need instead of being billed at the end of the month for x amount of hours, which may or may not be accurate. This might go without saying, but it probably isn’t best to find the cheapest lawyer. While yes, you’ll save a few bucks, you might not receive the best service and help possible, and may run into further legal issues later. The lawyer you pick should be a member of AILA, American Immigration Lawyers Association. This ensures the lawyer will have the most up-to-date information regarding immigration programs and laws that may change. So, the next question on your mind probably is “do I even need a lawyer?”. Goldstein warns to beware of non-lawyer experts, notarios and travel agents. Let’s talk next about what happens after graduation. As a student with the F-1 status, you are eligible to remain in the country so long as you maintain a full-time course load. Once this ends, the student has 60 days to depart the country, unless the student applies for Optional Practical Training (OPT). Because status changes can impact one’s ability to find a job, it is important that you start looking for a job immediately. It is important to know employers can discriminate against international students. They are in no way obliged to employ foreign nationals. When interviewing for a job, Goldstein states it is important to sell yourself. Confidently and unapologetically tell your interviewing employer about your status as an international student and what documentation and support will be needed from them. If you are truly interested in the job you are applying for, and not just applying to remain in the country, make this known to the employer. 
In order for you to get a job after F1 status/OPT, your employer will need to file an H-1B petition. The H1-B is a specialty occupation petition. A specialty occupation is one that requires a 4-year or higher degree (from abroad or from a U.S. institution). Without getting stuck in the weeds here, the H-1B has a 6 year limit which can be broken up as 3+3, 2+2+2 years etc. This might seem confusing, but it means that you have up to 3 years per application; the H1-B is valid for 3 years, and you can apply for a 3-year extension. There is also a 1 employer: 1H1-B petition ratio here. Every employer you have, or will have, must submit a new and separate H1-B petition. Here’s where things get tricky. There is a 65,000 H1-B cap, plus an additional 20,000 cap for holders of a U.S. Masters degree. This means that there are only 85,000 H1-B petitions approved each year. Once your employer has petitioned your H1-B the second time around (year 3 or 4) it might be a good idea to start thinking about applying for a green card. Green card quotas are also limited each year for both the family and employment categories. If you are planning on asking your employer about sponsoring a green card, it is best to do it several years after you’ve been an employee. Goldstein believes that you are more likely to get a green card through an employer once you have shown your worth to the company. There are three green card employment categories EB-1, EB-2, and EB-3. They go in order of easiest to hardest to obtain. The EB-1 category is comprised of individuals such as those with extraordinary abilities (no sponsor required) and millionaire investors. The EB-2 category contains jobs requiring Master’s degrees or equivalent. Finally, the EB-3 requires a Bachelor’s degree or no degree. Thus, those individuals under the EB-3 category will find it hardest to obtain a green card. Of course, there are other ways to get a green card; for example, through a relative or marriage, but I won’t go into those details here. This is a lot of information; however, it doesn’t even begin to go into the nitty-gritty details of maintaining your status, fees for filing an H1-B petition, visas, leaving the country, etc. You might be overwhelmed! I know I am. But fear not – there are many resources online and people you can get in touch with for more information. If you have questions here at Rutgers you can get in touch with designated school officials (DSOs), or Foreign Student Advisors that are familiar with answering questions related to immigration and international student status. If you need further assistance, it might be best to contact an immigration lawyer. This seems like a daunting process, however, Goldstein provided some tips for the initial phone call. Be specific with what you need help with, don’t just call and say you need “immigration help.” Ask if you will be speaking to a lawyer or a paralegal, and how long the consultation will be. Is there a fee? Goldstein warns that if there is no fee, you might be pressured into accepting services you may not need. Also, ask if there is a student discount. For graduate students money can be tight, so there is no shame in asking. If you don’t know where to begin you can give Goldstein and Cheung LLP a call at 212-374-1544. The firm is located in NY and you are likely to meet with Michael Goldstein himself. The initial fee of $250 is lowered to $100 for the first consultation with students.
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