Original subtitles

Hello everyone.

Can you hear me?

Hello.

Hi there.

Good evening.

Hi there.

Thanks for coming, guys.

Okay.

I apologize.

I'm a minute late.

I got like lost track of time.

I apologize there.

Okay.

So thanks again for coming.

And I wanted to... I know you're all busy and it's an evening class.

So let me just kind of go through and if I have time.

Okay.

I'm going to do this one last time.

If you've come before, I apologize.

So my name is Kim.

I'm an immigration attorney.

I'm from Vietnam.

I've practiced since 95.

My clients and most are corporations, universities, technology companies.

I also do family base.

My website is BuellerThomasLaw.com.

Anyhow, so introduction wise, that's that.

I am... the purpose of these seminars is to help students know like a pathway.

I'm very much into when I came to America, my family and I were very confused.

It's a complicated situation.

Granted, we were after a war, but it's still very complicated

to figure out a pathway to stay in the United States.

So tonight, what I have is three seminars.

The first one is dealing with if you are in the U.S.

and you're on a student or J visa, et cetera, F or J

visa, how to transition if you want to over to America.

And the second one is I'm going to... sorry guys, over to a new visa.

I figured it's that.

Can you guys here that ringing?

Is it just me that hears it?

Anyone else hear the ringing?

Okay, sorry, I wasn't sure.

Somebody was dialing.

Anyhow, so how to transition over to a work visa.

Then the second hour, I'm going to discuss how to go

from a work visa, temporary work visa, to a green card.

And the last one is for family base immigration.

So with that in mind, let's go.

Thank you.

Oh, let me tell you how my screens are, Alyssa, situated.

So right in front of me, like I said, I have my seminar on my PowerPoint.

To the left here, I have, I can see the gallery.

And then to the right here, I have a list of

everybody that has signed up for a free consultation.

So as part of what we do is I always give free consultations right after seminars.

They're 20 minute free consults.

And what I do is I answer any questions.

You will have.

I'll be sending out that email, probably no later

than Monday, end of day, Tuesday morning, the latest.

It fills up pretty quickly.

So if you will just go on, sign up.

But what's really important is that you give me details about your case.

Please do not sign up if your questions are on OPT or CPT.

Those are for the universities, the PDSOs to discuss.

Mine is just more H-1B, work visas, green cards.

So if you would like to...

If you would like to meet with me afterwards, just fill out the

questionnaire and then my team will reach out to you.

All right, let's go to work visas.

So the number one work visa that most applicants,

most students go to apply for is called the H-1B.

So an H-1B requires two things.

First, a specialized degree.

And then second, a job that requires that specialized degree.

And how they determine if a job requires a specialized

degree is they take a look at the job duties.

And they ask or they question or they analyze whether those job duties require

somebody who has a bachelor's degree in a specific field to perform those duties.

Is it common to the industry?

Is it normally the minimum requirement?

Are the duties so complex and specialized?

And so that is a question that all of you have as you are going to school right now

is look at your degree and say, is it specialized?

And entry level, when I graduate...

Can I find a job that requires a degree?

So let me tell you some problematic degrees, interdisciplinary studies.

That is way too broad.

The government does not accept that it is a specialized degree.

Another one, business administration as a bachelor's degree.

That's not considered to USCIS that that is a specialized degree.

Travel and tourism.

It's a specialized degree, but entry level jobs generally do not require a degree.

Psychology, another specialized degree, but a lot

of entry level jobs do not require that degree.

Construction management, specialized degree, but you will have to make sure

you're in a company that is more than just residential construction.

So those are some of the issues that when you apply USCIS will look for.

Another problem or another challenging position for them is nurses.

So nurses, the nursing degree is a very challenging position for them.

So if you're applying for a nursing position that is more a registered nurse,

the government will not accept that as a specialized degree.

So let me look real fast at the individuals who have signed up just or

filled out just recently so I can just look at their degrees here.

I'm going to go to right.

Okay, I think this is the right one.

All right, here is I think...

I'm starting at... is Benjamin here?

Trying to make sure I have the right group.

Benjamin, are you here?

As was... is Francisco here?

I'm just trying to figure out which group I'm going to do here.

Okay, let's look at... can you tell Becca, which was the first person that started

filling these out so I can start at that number?

You're looking at the right list.

We start at 385 for this group.

Okay, great.

Benjamin, you there?

Okay, I'm just going to go through some of these.

So if I look at these positions, right, cybersecurity

is clearly a specialized degree, chemical engineering.

My business person, again, it's got... if you're going

to do business, it cannot be business administration.

And if you do business, it should be business management.

And very important, make sure you have a specialty, an emphasis, a concentration.

And that concentration has to be written on your transcript.

So make sure it's a part of an official program.

Marketing, for those who are graduating in marketing, that is a specialized degree.

But the problem you might have is finding a company.

It's not the problem, but you'll want to look for a company that, like an SEO

position, may not always... they may not always consider that as specialized.

So you'll want a larger company that's more well-established for that one.

Business, I've talked about.

Chemistry, biology, that's great.

Pre-business finance.

Okay, that's not specialized enough.

So my pre-business finance, feel free to come chat with me.

Horticulture, that's specialized.

My question is...

Yeah.

What... position would you have?

And would you be able to get something that's specialized there?

Psychology, criminology, great major.

I love watching crime movies.

The problem that you have is, is that to broad?

Would the government consider that like an interdisciplinary one and then exactly

what job are you going to enter, that entry level... What?

So I would look and indeed for that talk to your master's in healthcare,

administration, that's fine, computer science, finance, mathematics, computer, yeah.

All of you have, for the most part, I think you all have specialized degrees.

The issue is going to be, can you, will you be able

to find a job that requires that specialized degree?

Because a lot of times it's the entry level.

Just realize it's entry level that they're looking for.

And let me give you a personal thing.

My daughter just graduated in nutrition.

She's a U.S.

citizen, etc.

Well, we find out after she's graduated in nutrition that the

entry level positions for her field don't require a degree.

It's working in a cafeteria.

It's working in, you know, kind of like a food bank places.

What she needed to do is get a dietitian fund and to get a license.

So that's what you want to look at is, is your degree entry level when you are

looking for a job, do those jobs require a degree?

Because if they don't require a degree and are just work experience or no experience,

that won't work.

Okay.

H-1B.

It's employer sponsored.

Okay.

The H-1B belongs to the employer.

And so if you leave the employer, you have to get another H-1B.

Okay.

So let's say you have an H-1B for Huntsman.

You can't take that H-1B and go work for Utah Valley.

You have to have Huntsman and Utah Valley both have to have it.

I'm going to close this chat thing so it's not distracting.

Okay.

And so H-1B again belongs to the employer.

Then also I have this thing called the 365 rule.

And that is that an H-1B is for 3 years then

you could do an extension for another 3 years.

So that equals 6 years and generally rule is then you have to leave the country by

the end of your fifth, the end of your six years.

So it's three years, three years, then you leave the country for one year

and then you can come back in, assuming that you are local.

Get chosen in the lottery again to start your three year period again.

So it's three and three.

And then, but if you want to stay past that six years, then a company must submit

a PERM application for you before the end of the fifth year, or you have to have an

approved I-140 before the end of the fifth year if you're self-sponsoring, okay?

But that's the main thing is if you want to stay on an H-1B in the U.S.

past the six years, you have to have a green card

filed for you before the end of the fifth year.

Next thing, you have an H-1B for a part-time job,

for a full-time job, you can have more than one H-1B.

I've noticed though that if you ask for a part-time job

that USCIS will sometimes ask you for a budget plan.

They'll want to know how are you going to afford to live in the U.S.

on a part-time job.

The other thing is that for an H-1B, the government

requires that you are paid a certain wage.

So Becca, would you mind putting in chat the FLC data center?

So there's a wage site that the Department of Labor set up and it's the late wage

site that she's showing you the foreign labor certification.

You're going to, if you will click on, if you're in a

uni, if it's a university job, you'll do it under ACWA.

If not, it's just under every other, there's just like a general category.

You'll pick your state, your county, and your position.

Then once you have that, you'll be able to scroll down, find out what wages.

You have to be paid at least a level one wage.

If you're not being paid a level one wage, you won't be able to qualify.

Becca will also put, please Becca, thank you, also put a document in the chat

where it describes how the government determines what you should be paid.

So there's a worksheet.

It's like anything.

Entry level, you know, a little bit experience, experience, supervisor, etc.

And they all figure out which wage you should be paid.

So she'll put that there.

But the government will want to make sure you are being paid appropriately.

Also, when you're looking to see if a job requires a degree, scroll down on that

page and look to see if it's a job zone four.

If it's a job zone four, generally that position requires a degree.

More often than not.

But if it says job zone three, that will not qualify.

Okay.

The next thing about H1Bs.

If you have a foreign H1B, let's say you're going to school here, but you have

a four-year degree abroad and you would like to file for

an H1B, USCIS will allow you to use a foreign degree.

What you should do is go to a company like World

Education Service, WES, or Trust Forte or Park Evaluation.

And they will do an evaluation.

And they'll determine whether or not your degree is equivalent to a U.S.

degree.

If they do deem that, then you can apply for an H1B visa.

There's also something called the three-for-one rule.

And this is where you can use work experience from abroad as long as it's

progressive work experience and it's related to the degree you'd like.

In that case, if you would like to show that you have a bachelor's degree there,

then you would go to some of these same companies

and ask to get an expert opinion letter.

Not an evaluation, but an expert opinion letter.

And you're going to base it on something called the three-for-one rule.

And that is for every one year of education you're

lacking, it would be three years of work experience.

So if you have 12 years of progressive work experience, let's say in biology from

abroad, then maybe you don't have to get that biology degree.

Or maybe if you have a chemistry degree from abroad,

then maybe you can just get an educational evaluation.

In those situations, you can also apply for a work visa.

Additionally, if you're laid off.

If you're laid off, you have 60 days to find a new job.

And that, excuse me, to file for a new application.

So let me clarify.

60 days to file the application.

Not 60 days to find the job.

You need to have filed it.

Submitted it with USCIS.

That's a 60-day if you're laid off.

Now let's say you want to change to another employer.

That's allowable, obviously.

What you're going to do is do something called porting.

So while you're at, I'm going to use an example.

While you're at company A, let's say it's Target.

You're an accountant there.

And you want to go work at Walmart accounting, right?

So while you're employed at Target, you're going

to have the new company, Walmart, file for you.

Once you get the receipt notice, then you're

able to port from one company to the other.

You're not allowed to work at the new company until you have a receipt notice.

That's really important because you don't want to go out of status.

A couple of things to consider.

As you're planning ahead for that green card, keep in mind a couple of things.

When you leave a company, you want to leave on good terms.

Not only because that's the right thing to do, but also because at some point in the

future if you apply for a green card, you may need to go back to that company

and have them verify your previous work experience, training, skills.

So make sure you're leaving very amicably.

Also, if you're leaving a company to go in a porting

situation, make sure you're helping them with a transition.

And explain to some extent why you're leaving.

Thank you for this opportunity.

I've really enjoyed it.

I've learned so much.

Unfortunately, we need to move closer to my family.

Unfortunately, I need to have a company that has better benefits.

I just need to have a company that I think I could progress in.

Whatever it is.

But you will want to give them some sort of kind explanation so that, honestly,

again, you maintain the relationship.

But also in the future, candidly, if you need their help.

Now.

Any time you leave any company, may I suggest for if you're wanting to

follow the green card that you have them sign a document that you prepare.

And the document should verify what you've done there.

So it should say your name.

Okay.

It should be in company letterhead with the address, phone number, etc.

And it should say this is what you've done.

So it would be your name, your title, the terms that you worked there,

the timeframe, month, day, year to month, day, year.

Whether or not it's full-time or part-time.

And then the list of projects you've worked on.

The list of skills you've obtained.

The list of responsibilities you had.

And then make sure it's signed by somebody who has supervisory authority over you.

Or somebody that, you know, HR or somebody, again, that was your manager or supervisor.

How this is helpful is later on, and I'll explain this in my second seminar.

Later on when you're filing for a green card, you can only use

experience that you gained at a company that you worked for.

That is not sponsoring you.

So if Walmart is sponsoring you for a green

card, okay, you can use Target's experience.

But if Target is the only place you've worked at for your CPT, your OPT,

your H&B, to ask them to do a green card for you, it will

be very hard because they can't use any requirements.

They won't be able to use any requirements that you didn't have before you started.

Okay.

So again.

If all you've done is work at Target.

Okay.

And you go to Target and say, hey, can you file for a green card for me?

They can't require anything that you didn't have or you won't qualify it

because you can't use any experience you didn't have before you came there.

Okay.

So that's why these letters are important if you can get them.

Okay.

Also, some of you may have heard about the lottery.

So there's two kinds of H&Bs.

Okay.

There is what we have CAP Subject and CAP Exempt.

Okay.

So CAP Exempt are for universities, higher ed institutions, affiliates or

organizations that are related to institutions of higher education.

So for instance, University of Utah, they're affiliated with Huntsman.

Okay.

Or Utah Valley, they're affiliated with BYU.

So you want to find a company where there's an affiliation.

Okay.

To be CAP Exempt.

What does that mean?

CAP Exempt means year round the government can pay for you.

Year round.

They don't have to go through a lottery.

They can at any time file for an H&B and there's no limit to them.

The one that most people apply for is the CAP Subject.

So every year the government has 85,000 visas.

20,000 for those who have earned US Masters or PhDs and 65,000 for any bachelors.

Okay.

So last year over 400,000 people applied.

So let's do the scenario.

You take the 100,000.

Let's say 100,000 people applied that have Masters or PhDs.

Okay.

And then the other 300 are bachelors.

So what the government does is it splits the two.

It takes the 100,000 and it takes, it runs the first lottery and takes out 20,000.

So 20,000 people who have US Masters or PhDs are chosen.

Then the other 80,000 are out.

They're added to the other 300,000 and a second lottery is ran.

So there's two lottery.

There's one lottery, but two drawings.

And so those with Masters and PhDs from the US get two drawings.

So if you want to have more chances of being chosen lottery.

One, get a US Masters and PhDs because again, you have two chances.

Or two, graduate between April and June.

So you have an extra year and I'll explain the CAP gap.

Or the third is have a STEM degree.

Okay.

So let's, so that's a lottery.

Okay.

How do you get into that lottery?

You register.

Companies have to register in March.

Okay.

All companies, USCIS will notify us.

There's two weeks in March that they will allow companies to register.

If you don't register in those two periods, that

one frame, you have to wait till the next year.

Okay.

So you register.

And very important.

You can register.

A company can register for you even before you graduate.

As long as you graduate that year between April 1 and June 30.

Then they can register you.

Okay.

So they can register you for the lottery.

Once you're registered, by the end of the month, you will be notified whether,

or your company will be notified if you were chosen.

If you were chosen for the lottery, you have between

April 1 and June 30 to file for the application.

So, a couple other things.

How do you increase your chances?

Because, obviously, you know, with, you know, 400,000 people that applied and

85,000 people or 85,000 visas, you know, it's not a great chance sometimes.

So, ways you can increase your chances, again, like I said, get a STEM major.

STEM majors get two more or 24 months in addition to their OPT initial period.

Also, if you have a master's and PhD, you can get two drawings.

And then the last one, and this is what you have control over, and if you get

nothing else from this, please graduate in April.

April graduates have an advantage, have an extra year.

So, let me explain what the CAP gap is.

Okay, so the CAP gap is, let's take an example.

Somebody graduates this next April, okay, April 2025.

Their OPT, let's say, is from May 1, 2025 to May 1, 2026, right?

So, in that case, somebody, as long as you're graduating next year, you can apply.

Well, let me ask you this.

Is anyone applying this next semester in April?

I guess I could ask that.

Anyone graduate in April?

Of 2025?

I am.

Okay, John, great.

So, John, what are you graduating in?

Horticulture.

Is that a STEM major, John?

I don't believe so.

Okay, perfect.

No worries.

Okay, so John's graduating in 2025.

So, John will have OPT from May 1, 2025 to May 1, 2026.

Now, because John is graduating in May, he will be able to...

his company can register him because he's

graduating between April 1 and September 30th.

So, let's hope John gets accepted.

If John doesn't get accepted, though, the next year, John could apply in May of 2026.

And note that John's OPT ends May 1, 2026, right?

They can register for him in March of 2026.

His OPT ends May 1, 2026.

All H-1B visas begin October 20th.

John, because he graduates after April, he will be able to work from the end date

of his OPT, May 2nd, 2026, until October 1,

2026, because what the governments are 2025.

So he'll be able to work from 2026.

So because and so let me try it again.

So John graduates next this next April, sorry, next, next

April, he'll apply for OPT from May 1 25 to May 1, 2026.

If he does not get chosen 25, he applies for 2026.

If he's chosen for 2026, his OPT expires in May.

All H-1B visas begin in October.

USCIS in that situation will allow him to continue to work during that gap period.

Okay, from May 2nd to October 1.

They'll cap that gap, so he can continue working.

Okay, so in John's case, he will get two

chances of the lottery, one drawing each year.

And he, the reason why he has two chances is because the gap is gone.

They've capped that gap.

Now let's say anyone graduating this December?

December 24, any graduates here?

I'm graduating in December this year, 2024.

Okay, okay.

Okay, tell me your name, sir.

My name is Abir Shermo.

Okay, Mr. Shermo.

You can call me Abir, Abir.

Abir, okay.

Yeah, that's fine.

Okay, Abir, what's your major?

Computer science, bachelor's.

Okay, perfect.

So Abir, we're going to use Abir as an example.

Abir is graduating in December, okay?

So in that case, his OPT will go from January 25 to January 26, then 26 to 27,

27 to 28, okay?

So in his case, he will be able to apply in 25, 26, and 27.

Now the problem is 28, okay?

So he gets three tries, okay?

So you're okay, Abir, you get three tries.

But in 28, because his OPT end date...

is before April 1, then he is not covered by the cap, the gap, the cap, okay?

So that means between January 2nd of 2008 to

October 1, 2008, he will have to stop working, okay?

So what you're wanting to do... Sorry, Abir, but you did...

I hope you get chosen first three years, okay?

And then are you getting a master's, bachelor's, or PhD?

I'm getting a bachelor's, actually.

Bachelor's, okay.

So in Abir's case, he will have...

He will have three years, so he can apply in 25, 26, and 27.

But he won't be able to apply in 28, or he can't apply.

He just can't work between the end date of his OPT and October 1.

And he'll get one drawing each, okay?

So that is what the cap gap is.

So let me give you kind of a time frame here.

So register in March.

So just think of your situation.

All of you, whenever you graduate, you're going to graduate in March.

You're going to know... Or excuse me, you're going to register in March.

You'll know by the end of March.

If you're chosen, if you are, and hopefully everyone is, then you're going

to file your application between April 1 and June 30th.

You'll still be on your OPT, hopefully.

And then you'll start working October 1, 25 to 28, and then 28 to 31.

And if you want to stay here past that six years, you then...

If you want to stay, then you have to have a green card pending before September 29,

2030, okay?

Now, again, those who have U.S.

Masters and PhDs, get two drawings each year.

And those with STEM majors, instead of having one year of OPT, have three years,

okay?

So let's go through this.

So let me give a couple really quick examples.

So December graduates, these are my bachelor's non-STEM.

OPT, they register.

Let's hope they get chosen in the lottery, okay?

And so let's say this person is chosen in the lottery, we're golden.

But if they're not chosen in the lottery, then they can register again.

And next year, but they can't work during the gap period.

They'll have to leave the country, work remotely, or, but they just,

the company can apply, but they can't work, okay?

April, here's so many graduates in April, okay?

There's their OPT, their lottery, let's say they're accepted, that's perfect.

But if not, remember, this is a bachelor's, no

STEM, they can apply again, like John, next year.

And then they'll get two chances of the lottery, okay?

And one drawing each.

So let me kind of put a summary here.

So just think of where you're at.

Okay.

If you look at where you are at, basically those in December, get one,

you know, if you can see December one-year,

one-drawing, December, three years, one-drawing.

December, one-year, two-drawings, December, three years, two-drawings,

that's what Abi has, but let's say Abi, Abi, you're great.

Let's say Abi is graduating in April.

Then I think Abi would have had four years, two drawings or eight chances.

That's why an April graduation is really ideal.

Now let me look again at where people started at.

It's... what number did you say it was?

385, Becca?

385, right?

All right, so let me look at what I have here.

I'm just seeing if... okay, so Ben, I'm

just... okay guys, I'm just going to make this.

My cybersecurity person, what I'm looking at here, I'm

seeing you're going to have four years, one drawing.

My PhD, I don't know what your PhD is in, sir.

Chemical engineering, I can't see.

Now guys, I can only see if you tell me when you're graduating.

So I'm going to look here.

People have to tell me.

My person who's graduating biology, you're going to get three years,

because you can't file the first year because you didn't graduate in time,

but you're gonna get three years, two drawings.

My person in chemical engineering gets four years, two drawings.

I'm seeing who graduates here.

Just seeing if I have any other graduates.

Oh sorry.

My person master in accountancy, if it's a STEM, I'm not sure if it's a STEM.

If it's a non-STEM, it's gonna be one year, two drawings.

If it's a STEM, you have three years, two drawings.

Person who has an MBA, or master's in healthcare, if it's not a STEM,

you'll have Two years, two drawings.

Computer science person friend here, you have three years.

Let me see what you have here.

If it's a bachelor's, one drawing, if not two drawings.

My person who is a master in finance, if it's a STEM major, it's three years,

two drawings.

If it's not, then it's one year, two drawings.

And then masters in mathematics, again, three years

because you don't graduate by June, two drawings.

May here on my chemical engineering uh assuming ...I'm not sure if it's a master's.

But I'm gonna say four years of either one or

two drawings... See if I have any others here.

Basically I think I've gone through most of

them right here but basically, here's the thing.

If you graduate between April 1 and June 30.

Okay, you will get two years.

If you graduate between April 1 and June 30, and you have

a master's you If you have a STEM major, it's four years.

If you graduate in December and you have a

bachelor's, you get one year and one drawing.

If you graduate with a STEM with a bachelor's, you get three years and one drawing.

It just depends if you have a master's, bachelor's and then when you graduate.

But the key thing is graduating in April.

Now, other H1B tips.

So here's what I'm doing.

I'm going to finish this PowerPoint in six minutes

and then I'll answer whatever questions you have.

H1B tips or just information.

You do not have to leave the U.S.

in order to get your H1B.

So if you get your H1B approved, which I hope you get chosen and approved,

you don't have to leave in October or September to have it work.

You just stay in the U.S.

However, if you do leave, then you're going to have to

go back to your home country and file for an H1B there.

OK.

If you leave during your H1B while it's pending,

the problem is and you don't want to do that.

If you don't have another visa to come back in under, you cannot come back in

under because H1B visas can only can only be allowed in 10

days before September 20th because all H1Bs begin October 1.

H1B belongs to the employer.

Beneficiaries on H4s cannot work, but they can go to school.

Those who are on an H1B, many schools will allow you to go

to school and will allow you to go to school on your H1.

You want to apply, like I said, register before you graduate.

And then this is something people ask me.

Should I wait till my OPT is over to apply?

No, you should apply every single year because you want to increase your chances.

The company has to pay for all your H1B fees, B fees, attorneys fees and costs.

And you can pay for your dependents and your premium processing.

Very important.

J1 waivers.

J1 visa holders.

If you've ever been on a J1, even if you went to an F1 afterwards, you have to get

the waiver before you can file for an H1B or before

you file for any other visa except an F1 and an O1.

So what I would say is if you've ever had a J1, go and file the waiver.

Get a no objection letter and get that resolved.

So then when it's time to get your H1B, you know, you can get it right now.

We're seeing no objection letters and waivers happening about six months.

Six months to a year.

So you'll want to plan ahead.

Another thing with H1Bs, make sure at the time

you're filing that your passports are valid.

Your passport must be valid.

And so do your children's.

And to get it as close to three years as possible.

File for your green card before the end of your fifth year.

Utilize any time you have on your CPT, on campus jobs.

Utilize that to make sure it's related to your major and related to like gets you

skills and knowledge or abilities that will help you in a green card process.

Work with as many companies as you can on CPT.

That gives you more experience that you can use later for a green card.

Very important.

I get calls all the time.

Make sure you're applying for OPT on time.

Some people are waiting too long to file for OPT and then they lose it.

Very few companies will want to hire you if you

do not or will want to sponsor you on an H1B.

Unless you have worked for them on OPT.

So it's very important that you file it correctly.

Also, if a company says on their website, they're not

going to sponsor, they really are not going to sponsor.

So find a company that's willing to sponsor you for your H1B.

And I would say most of the time your OPT employer, because they don't want to train

someone again, they'll hire you for an H1B.

Don't burn any bridges.

You may need letters from your professors.

Or prior employers.

And then take any sale bodies you have.

These are the costs of an H1B.

Again, the company must pay them except for the I-539 and the I-907.

These are the documents the government will want

to get from the non-citizen and the company.

Depending on the size of the company, you may or may not need the optional documents.

Okay.

Okay.

Reasons why you might have issues with your H1B.

If the code on your job is one that's too generic, and they used to say it's 99,

they could think that that's not specialized enough.

Some computer positions do not, I know this is crazy, do not qualify for H1B visas.

In 2015, I think there was a memo, so Becca will put that in.

Please, Becca.

In the chat, she'll put in the computer positions memo and the nursing memo.

Even though they're archived now, we find that officers still rely on them.

And their position is, even if you have a computer science degree, if you accept

certain jobs, they don't believe they're specialized enough.

So you'll want to look at that.

Same thing with nursing.

But a big one that they've had lately is engineering.

If you have a mechanical engineering job, they want you to be a mechanical engineer.

If you are switching over to electronic engineering or electrical, you used to be

able to get away with that, you can't anymore.

Or mathematics, if you have a mathematics degree, they

sometimes have a hard time tying you to that engineering degree.

So you'll want to make sure that your attorney really documents your job

description and explains how the degree is related.

Preparing an application.

I mention this because if you're porting your H1B or you're filing before the 60th

date, if you were laid off, or if you were chosen in the lottery, and you have to

file by June 30th, realize... I tell people you need two weeks at bare minimum.

Three weeks is better.

And this is why.

You have to come up with a job description.

And usually if I have to rush through that, we'll rush through it.

But you have to find if there's a job description.

You have to make sure you're qualified.

We have to make sure the wage works.

Then, if it's a brand new company, you have to verify that.

So, the first sentence is, it takes three days to verify the business.

That takes three days.

Department of Labor takes three days to verify business.

Only after the business is verified, and only after you file your notice,

post a notice of intent to file, can you file the LCA.

That takes another seven days.

So, the earliest that anybody can even file for you is 11, is 10 days, 10 or 11 days.

Why is that important?

If you're coming to an attorney on June 22nd, you have a problem.

Okay?

You just have to make sure you're timing it ahead.

And how else does that affect you?

Make sure you're graduating early in June, not at the end of June.

Okay?

Because if you are, then that's complicated.

Now, sometimes you don't get your diploma in time.

Not a problem.

Go to your registrar.

Your registrar can sign a document saying you've been awarded your degree.

Okay?

You don't need your diploma.

And now, all of this together, then you file with USCIS.

Okay?

Now, what if you don't get an H-1B?

I'm hearing guys.

What if you don't get an H-1B?

There are other visas you can apply for.

Okay?

So, TN are for those from Canada and Mexico.

You can apply for a TN.

It's very slimmer to an H-1B.

It's just there's 63 categories.

Apply for that.

Or if you're from Chile or Singapore and Australia, there's similar H-1B ones there.

But here's the issue.

The problem.

The problem is that they're all non-immigrant visas that do not have dual intent.

Where H-1B visas have dual intent, if you have

dual intent, it's easier to file for a green card.

So, if you can't get an H-1B, then... and you're from any of these countries,

then get a TN, an H-1B1, an E3.

And then while you're on that, continue to register for the H-1B lottery.

Okay?

Then, if you're part of a treaty country, there

are some countries that we have relationships with.

You can do a treaty trader or treaty investor where you start a business.

And it's a substantial investment for treaty investor.

With trader, it is also substantial.

But... and 51% of trade has to be with the U.S.

Then, as far as treaty investor, it cannot be a... let me think real fast.

Oh, it can... it has to be an active investment.

It can't be like you go buy a house and you run an Airbnb.

That doesn't work.

Okay.

The other visa that many people apply for is the O-1.

The O-1 is... it's a great visa.

It's not as hard to get as the... as the EB-1.

Okay?

But this is for a lot of our Ph.D., masters, those who have done those STEM majors.

Anyone with an MBA, as long as you can show that

you're nationally or internationally recognized.

Okay?

And that you have membership in distinguished organizations.

You have a high salary.

You have publications.

And even if you don't have publications, then its comparable evidence.

A lot of people apply for an O-1.

It's actually a tie that you respond to.

Now, here's the other thing.

If you have, if you've been on a J-1 and you have not received your waiver yet,

either get an F-1 or file for an O-1.

The O-1 does not require that you have met the two years yet.

L-1A, L-1B.

This is an intra-company transfer.

You're at company one, and then that's a parent affiliate subsidiary, and then you

transfer over to... Let me try it again.

You're at company A, but because... Okay, let's try it again.

I'm trying to figure out.

An L-1A is where if you are employed abroad for one of the last three years,

and an affiliate, a subsidiary, a branch, okay, in a manager, executive,

or specialized area, you can come back to the U.S.

and work in the U.S.

as a manager, executive, or someone with specialized knowledge.

How this generally...

How this generally works, and who uses this are companies like Goldman Sachs.

So let's say Goldman Sachs applies for you for an H-1B, and you don't get it,

and so what they'll do is...

And so depending on what your degree is,

then they can try again the next year, right?

So they try again year two, you still don't have it.

So many times these companies will send you abroad to an affiliate, you work there

a year as a manager, executive, or someone with specialized knowledge,

and then the next year they try again for the H-1B.

If you're not chosen, then they will transfer you back to the U.S.

on an L-1A or L-1B.

So there's kind of some Rubik's Cube maneuvering there.

Okay, last thing is D-3 waiver.

Some of you have asked, what is a D-3 waiver?

You've seen it on the news with President Biden.

A D-3 waiver is basically those in the U .S.

under DACA or DREAMers that are eligible, who have gained, who have earned a U.S.

, who have graduated from, or who have graduated

institution of higher education in the U.S.

can go abroad, can get a waiver from the consulate.

So basically it's a D-3 waiver where they can get the

consulate to admit them, agree to admit them back to the U.S.

even though they overstayed.

If they didn't get that waiver and they've overstayed, then when the second they walk

out of the U.S., they cannot come back in for 10 years.

Now, right now, there's not enough information out there

to say whether or not a D-3 waiver is a D-3 waiver.

Okay,

with that in mind, let me now answer questions.

I'm happy to answer any questions.

I know this was a lot.

I'll answer any questions.

And then Natalie, do you want to just one more time give people the link?

And then if they want to sign up for that's great.

And if not, that's fine.

Okay, perfect.

All right.

I'm all here, guys.

Let's hear what questions you have.

And if you'll just raise your hands.

Is that great here?

Okay.

I am all set.

Okay, what questions do you have?

Okay, Amy.

Hi, thanks, Kim, for this information.

So I used to have a J-1 visa as an exchange student.

I now have an F-1 visa.

Do I need to fill out the waiver?

Yes.

Now, let me ask you this.

A J-1, look at the bottom of the passport, okay, and see if it says your subject or

not subject to the two-year home residency.

Because just so you, I should clarify, even if

you've had a J-1, some J-1s are not subject.

So if you will find your DS-2019 and or your

visa page, that's where you're going to know.

Hey, Becca, do you mind coming in, please?

Thanks.

So that's how you know.

And if you are subject, yes, you have to get the waiver.

Okay.

Thank you.

And then my another question of mine is how certain is an L-1A visa?

If you qualify as a manager executive, it's not always certain.

You just, it depends on the duties.

Okay, give me a second.

Okay.

Sorry about that.

So it's a complicated one, right?

So it just depends.

It's easier to get specialized knowledge.

But manager executive, you really have to prove that you are overseeing people,

that you have the decision making, that you can

hire and fire, that you have no supervision, etc.

Does that make sense to me?

Yeah.

A follow up question to that is what is considered specialized?

So what I'll do is I'll have Becca put in the chat.

What we're going to put in the chat is two links.

One that goes to non, excuse me, temporary

visas and the other one is permanent visas.

The temporary, permanent.

Yeah.

So temporary one will cover HSLs.

All that stuff.

So that if you'll click on that, Amy, there's a section for us.

Just go and click on it.

It'll outline what it is.

OK, thanks, Kim.

OK, you bet.

Thank you, Abby.

Hello again.

Hello.

I actually have a couple of quick questions.

So my first question is, if I'm graduating in December and I'm a STEM major,

when is the earliest I could start working on OPD?

Because I'm actually currently interviewing

for an employer who is a multinational company.

And it seems like I could get the job.

So if that does happen, when is the soonest I could start working?

And my second question is that how do you actually find non-cap exempt employers?

I go to University of Utah.

So are you talking about maybe their health care systems, the hospitals and stuff?

University of Utah in general.

Any position that University of Utah files.

It could be for an engineer.

It could be for an accountant.

It could be for a doctor.

They're all cap exempt.

OK, and what about OPD?

When can I start working the soonest?

Yeah, here's the problem.

I don't deal with OPD.

Ask the international office.

Whoever your advisor, Anastasia, Alex, I would check with them.

OK, sounds good.

OK, sorry about that, Abby.

OK.

Yeah, that's fine.

Thank you.

Thank you, Aliyah.

Aliyah, I'm sorry.

Hi.

Yeah, I attended your previous seminar.

You said I should attend this one.

So I was asking, I'm on the H2B work visa and I'm doing surgical technology.

It's a two year SOS degree, so it would be under STEM.

So after the two years, I would graduate in 2026.

I'm still trying to figure out when, but it would be in 2026.

So how would I go about in terms of getting like...

I would transfer to the H1B and then...

Yeah, it's a little bit different then because you're getting an associate's, right?

Yeah, it's an associate's degree.

So it's a two year program.

Right.

So associates don't qualify for an H1B.

You have to have a bachelor's degree.

So what school are you going to?

Salt Lake Community College.

OK, so go talk to Michael Hasberger or Mark and chat with them.

I know you get a year of OPT.

And so I would ask them, it doesn't really matter when you get that OPT or when you

graduate then because it's not a bachelor's.

So you would not qualify for an H1B.

What you could do is do your OPT and then go back

and start school again to get your bachelor's.

Oh, OK.

So even though if I do the associate's degree, so basically I wouldn't be able to

stay in the country after getting that degree then?

No, you can stay and you have to you have to get your H1B.

I mean, you have to go back again.

In fact, that's what I'm trying to figure out.

You're in an H2B right now?

Yes, I'm on a work visa going to school.

OK, and I'm assuming Mark or Michael have said you can go to school at the same time.

Is that correct?

Yes, it is allowed on the program.

Oh, OK.

Yes.

OK, then here's this.

You don't get OPT.

I'm sorry, because you're on an H2B.

Now, what you want to find out, though, is an H2B.

H2B is peak load, one time intermittent, etc.

I think you're going to need to go get an F1 because the problem you have is...

I'm not sure how long you can stay on.

I'm not sure if you can stay a whole year on H2B.

So I think you need to transfer to an F1.

H2B, I can stay for three years, actually.

But I was actually thinking to switch over to an F1 in the

second year because the surgical tech, it has to be full time.

So I won't be able to have work and school.

So I'm switching over to F1 in the second year, which is

in like 2026 when I get accepted for the surgical tech.

I'm doing the prerequisites currently.

So then as an F1... OK.

No, so let me say this.

Let me just because I think you and I will meet separately.

But let me just say one thing here.

The problem you have is you can't get a four year surgical tech.

And even if you get a two year and then you go back

to school, surgical tech would not get you an H1B.

So you need to choose a bachelor's degree that it's different.

So surgical tech might work for you for that.

You know, when you get your associates and maybe get your one year of OPT.

But once you're in an F1, but if I were you, I'd change your major.

OK, what's an OPT?

I'm trying to I'm not sure what is an OPT.

Yeah, it's what you get to work for that one year after you graduate.

So why don't you do this?

Why don't you and I meet?

But before you and I meet, go and talk to Michael or Mark and ask them to help you

figure out how to work out from your H2B to your F1, etc.

And see what other majors you have that are four

year that are related to what you want to do.

OK, OK, OK.

All right.

Thank you.

Then I'm happy to meet.

OK, thank you.

OK, Anil.

Hello.

Hi.

I was just wondering if it's the employee or the employer.

Who files for the O1 visa and whether the O1

visa is more or less advantageous than the H1B?

H1B is always my preference.

It's also a lot easier to file.

I believe for O1 you can both.

I believe it's self-sponsored and an employer can sponsor.

But H1B is always better.

But there's no cap on the O1, right?

So there's no cap.

But I would say try your H1B if you're not chosen, then try O1.

Because O1 you have to show international and national claim.

Where H1B you just have to show you have a bachelor's degree.

I see.

But if I'm graduating with a Ph.D.

and I have publications?

Then maybe an O1 would work fantastic for you.

OK.

Thank you.

You bet.

Thank you.

OK.

Cobb?

Hi, Kim.

Thank you so much for your information.

I have a quick question about the employer type.

So I'm talking about the employer type.

I'm currently working with one of the state government.

And I'm not sure if, you know, if they are in the, what is it called, cap exempt.

Who are you working with right now?

It's the Department of Economic Development in the state of Nebraska.

OK.

OK.

OK.

So, yeah.

Because, you know, I read on the internet and they said that, you know, government

organizations are included in the cap exempt.

So I'm not sure if I should verify this information with who.

OK.

So here's what I would do.

If you will go to...

And, Becca, if you don't mind going to the H-1B instructions, Becca, the form,

and going to the page where it talks about cap exempt, numerical and fee,

what Becca can do is she can... Becca is my fantastic paralegal.

She's on right now.

She can give you the... Put the link, Cobb, in the... Sorry.

Is this Cobb?

This is Cobb, right?

Yeah.

It's Cobb.

OK.

OK.

So she'll put in the chat the form and then she'll tell you what page it's on.

And then if you will then copy and paste that specific

sentence, it'll tell you, like, which companies qualify.

OK.

OK.

Sweet.

Thank you so much, Kim.

You bet.

Thank you.

OK.

Taewoo?

Are you there?

I cannot hear you.

Are you there?

Can you hear me?

Yes, I can.

What can I help you with?

All right.

All right.

Thanks, Kim.

All right.

Thanks, Kim, for coming to BYU.

Last time I was a BYU student.

No.

Happy to.

Yes.

The question that I have is, what is it for?

It's kind of a to-do question, but I'm currently in chemical engineering

as my major, and I was wondering if you have helped chemical engineering majors

try to get their visa, because I don't think I have seen chemical, I have seen

international students in the department so far, and I've realized that a lot of

chemical engineering companies that hire chemical engineers tend to state that on

the policy level, they don't really try to sponsor international students.

Right, right, right, right.

Yeah, I'm also trying to, sorry, I'm also trying to like kind of decide my major.

I'm on the fence right now.

I'm a freshman, but that's like... Between chemical engineering and what?

Chemical engineering and... And a bunch of majors, actually.

Accounting, informational systems, and electrical engineering.

I'm, yeah, I'm just making sure that, like, I have all the classes, but yes.

Okay, so let me briefly give just whatever advice there, okay?

Accounting is fine.

See if you can have, I think if it's a bachelor's, fine.

MBA is better, because MBA, you have a STEM major.

I'd find out if an accounting is a STEM major.

At BYU, I will say that, I mean, you're pretty limited with accounting,

so that's what you want to do.

Information systems, the world is a little broader there.

There's a lot more options, but that would work.

Chemical engineering, honestly, I have gotten degrees, I mean,

visas for people with chemical engineers with chemical engineering degrees.

You're right that sometimes they would want, some of the

companies want somebody with a permanent resident or U.S.

citizen.

But I will say that that puts you in a better position.

But I will say that that puts you in a better position for a green card.

I think chemical engineering is more specialized.

And then what was your other one?

Electrical engineering.

Okay.

What you said was that if you, even though the odds of getting an H1B as

a chemical engineer would not be as high as other majors, but it would get,

like, you an edge up when you're trying to get a green card.

Well, I just think when you're applying, yeah, when you're applying for a position,

chemical engineering is just not the best option.

I think it's a lot harder to be honest.

And I think it's harder for people.

I mean, I think less people might apply for a position.

But, you know, that's fine too.

Electrical engineering, that's a good one too.

I think all of them, you can't do any wrong with them.

It's just whichever one you like best.

And stick with STEM.

So check about the accountant.

But realize accounting, that's all you can be is accountant.

With the others you have a lot more flexibility.

Does that make sense?

Yeah.

Goldman Sachs.

Goldman Sachs will hire people with chemical engineering as long as their job,

the job that you're focused on, that you're

consulting on, it deals with chemical engineering.

So there's a lot more flexibility and the other majors.

Where accounting is, you're an accountant.

Interesting.

Sorry, I think I interrupted you.

Was there anything else that you were trying to say?

No.

Just one more question, please.

Sure.

Is it legal if I try to give, like, when I'm trying to get my company,

hypothetical company that I'm working for, since they have to pay for the H-1B visa,

would it be legal for me to try to negotiate with the company that I would be

paying for a part of the H-1B visa processing?

No, but that's a very good answer.

No, they can't do it at all.

Interesting.

And you don't want to, you don't want to violate it.

Because here's the thing, at the end of the day, it affects you.

You're the, you're the non-immigrant.

Does that make sense?

You're the non-citizen.

Got it.

It's good to know.

Thank you.

You bet.

No problem.

Okay.

Nawasi?

Nawasis?

Am I saying that right?

Yeah.

Hi, Kim.

Okay.

Hi there.

This is really helpful.

Okay.

I have a couple of questions.

Sure.

The first one is, how easy is transition from H-1B cap exam to H-1B with cap?

Oh, great question.

Okay.

So there's a, there's a, there's a trick, right?

So the trick is, if you're on a cap exempt, right, and you want to go cap

subject, as long as it's concurrent employment, so you continue to work at the

cap exempt company, then you can work with cap subject.

Okay.

But you have to be concurrent.

Otherwise, you should stay at the cap exempt until you get chosen in the lottery.

Okay.

So you cannot go from a cap exempt to a cap subject.

Okay.

Because you have, it's unfair.

Okay.

Just to give you the quick picture about myself, like I'm working with OPT right

now, but I'm eligible for apply for the H-1B cap exempt.

Should I go ahead and apply for the H-1B cap exempt or wait for my OPT to expire?

Because I was just worried, like how difficult would this transition be if I

don't want to work, when I'm working right now, I want to

move to a different company where it's not subject to cap.

So should I wait for... Do you want to work for a cap-exempt?

I'm on my OPD, second year of my OPD.

I have an option to apply for the H-1B cap-exempt.

I'm just doing it right now because I don't know how difficult it would be to

transition into some company where the H-1B is subjected to cap.

It's hard.

You can't transition to... okay, so if I'm understanding this right,

you're on your OPT, you have an offer to go to a cap-exempt.

In that situation, I would wait until your OPT is over and then go to the cap-exempt.

So you don't lose any of that time.

If it is cap-subject, if you're at a cap-exempt now and you want to go to

cap-subject, that is hard because it's like everyone else.

You have to go through the lottery again.

But the trick is if there's concurrent employment where you can do both.

So it's legally possible, right?

I can work with two employers, like one with cap-exempt and one with the cap, right?

Yes.

But you have to be with the cap-exempt.

You cannot leave the cap-exempt.

Is there an exception?

Like, do you have to specify the number of hours that I work with the two companies?

I think it has to be reasonable.

Do you know what I mean?

I think it has to be reasonable, especially the cap-exempt one.

Because they're not going to want you to say,

I only work five hours with this cap-exempt.

Gotcha.

And I work 40 the other.

Yes.

Gotcha.

And then what you want to do is stay on your cap-exempt.

Until you get chosen for cap subject.

Okay.

Cool.

Thank you.

Thank you so much.

You bet.

No worries.

Thank you.

What can I answer for you?

Yeah, thank you so much.

So I'm a little late.

And I have a question about, okay, is it possible to study, like to major or

to have another, like, training or to go to another school?

Like, I'm a graduate student and then I want to study

maybe music or art or cinema just for maybe six months.

Is it possible to do that?

So you're at the same university?

One university and two majors?

Is that what you're wanting?

No, not the same university.

Like, I'm at BYU, but I would also want to do, like, a

training for six months, like becoming a singer or an artist.

Yeah.

I mean, so talented.

You're so talented.

But I don't think so.

But go and check with the international office.

I don't know if you can.

I really don't know.

So you go to BYU?

Is that what you said?

Yes.

Who's your advisor?

I don't know his name, but I can go to the office.

Yeah.

Go see Sam, Miles or Rob.

Okay?

And find out.

Yes.

But just, you know, as far as an A to an B, they're only going to go with your major.

Okay.

So I am also about to major.

I'm also studying social sciences, like I'm going for that.

And what do you think about that, like working in the U.S.

as a social worker?

The problem you have with social science, okay,

is that you're going to have to get a license.

So if you're going to do that, you need to make

sure you are ready to get a master's degree.

Okay.

Does that make sense?

Because it's hard.

I mean, I think it's great, but just realize that entry level with that degree,

can you really do what you want to do without a master's?

And I'm not sure you can.

Okay.

So now you want to go talk to your academic advisor.

Okay.

Make sense there?

Yes.

Yes.

And remember, social science is too broad.

It's got to be something that is very specific, like it's social work.

But the problem you have with social work is that entry level, what can you do?

If the entry level job does not require a degree, like for instance, psychology,

to be a psych tech doesn't require a degree.

So that wouldn't help you.

Hey, Becca, do you mind coming in for a minute, ma'am?

Thanks.

That wouldn't help you.

Does that make sense?

Yes.

Actually, Becca, you don't have to come over.

Do you want to just put the link in one more time?

Sorry.

Thank you.

Hey, I am going to... So does that make sense, Muntiki?

Yes.

Okay.

Let me go on to the green cards.

Let me answer Priyo's.

And we're going to put the link again in the chat.

So Muntiki, if you haven't signed up on this list, sign up.

And then you and I can... I can speak over a Zoom call.

Okay.

Thank you.

For your free consult.

You bet.

Thank you.

Anyone that joined late, there's a link.

If you'd like to sign up for your free consult, please fill out that.

Okay.

Priyo, go ahead.

Hi.

Thank you for answering my questions.

I have, like, two questions.

Sure.

The first one is if someone applies for, like, an immigrant visa.

And for whatever reason, maybe their, like, application wasn't good enough,

or for whatever reason, the application gets rejected.

And, like, later on, at some point, they have to leave U.S.

to visit their family or something.

Is it possible to come back, like, across, like, custom border police,

considering that they tried for an immigrant

visa at some point while they were in the U.S.?

Because custom border police, they always ask about, like, how you have,

like, should not, like, try to immigrate or something.

Right.

Immigrate.

Yeah.

So your question, come see me.

Because, yes, they can ask that.

And if you'd like, we can strategize what your answer is.

Does that make sense?

I think we can strategize an answer, if this is

you, strategize an answer of how to approach it.

If you're just saying, in general, if something gets denied.

Okay.

You have people get denied for NIW, and I would

just argue, you know, I got denied for it.

So I was trying to see if I qualified and I got denied.

You know, I would argue that you still have non-immigrant intent.

Oh, okay.

Got it.

And they can, like, check your phone messages and stuff, right?

Absolutely.

Yep.

They can check your phone messages.

They can check everything.

They'll check your social media, too.

Right.

Okay.

Right.

I think, yeah, that answers the question.

And second question is, like, if someone gets, like, a, let's say, PhD in

electrical engineering or mechanical engineering, and after that, they try to

work in, let's say, in finance sector or somewhere

like Goldman Sachs, is it, like, possible?

I think it's very hard.

Very, very hard.

Okay.

Very hard.

Yeah.

It's hard.

Got it.

Okay.

Yeah.

Okay.

Great.

Great.

All right, friends.

Thank you for joining.

It is now 6.08.

The next seminar I have is about green cards.

So it goes from F1 to H1 now to green cards.

So give me a minute.

My paralegal, awesome paralegal, is going to pull up the

PowerPoint for the next one, and let's start at 6.15.

That's okay.

Let's just, if any of you are attending again,

that hopefully gives you a minute just to breathe.

So let's get back on in seven minutes, and we will then start green cards.

Okay.

Thanks, everyone.

See you in a minute.

Hey, everyone.

Good evening.

How are you?

Good.

Okay.

Do me a favor.

Because I'm curious.

Can all of you who have never been to one of these

seminars, I mean, who have not, can you raise your hand?

Like, any of you that are first time today, like, this is your first session.

So Taewoo, you are my other one.

Do you have to?

Anyone that has not come today?

I'm just seeing, like, some people coming twice.

I'm like, why would you guys come twice?

I'm even bored of myself.

So let me think.

I'm just seeing how many... Calvin, have you been to my last one?

I mean, I'm glad you're here again, Calvin.

I'm just kind of like, why would... Okay.

Let's see.

Okay.

Yeah.

I was just trying to figure out how many people were new here.

Okay.

Perfect.

Hello, Avi again.

I feel like I am friends with all of you now.

Okay.

So the others of you have come before.

I'm just impressed that you're still here.

Okay.

Great having you come.

Just out of curiosity.

Okay.

Thanks, Calvin.

Okay.

So thanks for coming.

You are my second to last session of my three day to a day.

So really glad you're here.

I think I've said this a million times to not bore you again.

My name is Kim.

I'm an attorney.

I'm an attorney.

I've practiced since 1995.

I have five children.

I'm an immigrant.

I came from Vietnam.

I am passionate about school, my students, education.

The reason why I do this is because what started all of this was many years ago I

went to the Provo Marriott and took my kids on a staycation and behind the desk

were some international students who were using their OPT card there.

And I was trying to figure out why they were using their

OPT card to work at the Marriott at the front desk.

And then I realized that they didn't really know what to do with their OPT.

And so since that time, I've decided that I'd be happy to meet with students and

just maybe give some guidance on what you do

with your OPT card, how to stay here in the U.S.

after you graduate.

So first thing is, I say I've said this a million times.

I apologize.

If I sound terrible about this, Becca has put in the chat, Becca is my

fantastic paralegal who's made all of these

PowerPoints and has manned all of these things.

She's put in the chat a link for students who want to meet with me afterwards.

I prepare these seminars.

I come twice a year.

And then I genuinely meet with every student who wants

to meet with me to answer questions about their case.

So if you'd like me to, the only way I know that you want to is you're on my list.

We send out an email to everyone on that list.

If you contact me in three weeks and say, hey, Kim, I attended but didn't sign,

I'm going to tell you to come next year, just

because there's just so many hours I have in a day.

So, so far as I'm looking at this, I have

431 one-time consults, which I'm happy to do.

But that's why I'm saying if you want to meet with me, you got to sign up on this

because that's the only way I know you're here.

Okay, that in mind, let's start this last hour.

What we talked about was H-1B.

So you go from F-1 to H-1 to green card to citizen.

citizenship.

That's kind of how it works, right?

So if you're having an F-1, you want to utilize CPT.

Then before you graduate, you want to apply for OPT.

And don't make mistakes there.

Sometimes people make mistakes.

And that is honestly a shipwreck.

Okay, then while you're OPT, every year on your OPT, you want to apply for an H-1B.

And then when you're on your H-1B, you want to apply for a green card.

Then once you have your green card, for five years, you can file for citizenship.

That's kind of the process there.

Okay, so let's talk about last.

So just quick summary, H-1B, the one before you need to have a bachelor's

degree, a specialized bachelor's degree, and

a job that requires the bachelor's degree.

It's a three year visa, renewable for up to six years.

If you want to stay here longer on an H-1B visa, you have to

have a green card filed for you before the end of the fifth year.

Okay, so that's H-1B.

If you don't get an H-1, there's an E, the L, the 2, and the 3.

Again, there are other visa options that we just discussed.

Okay, if someone has missed any of these, or if you want to attend again,

can you remind me, Becca, what day we're doing

BYU Idaho, or maybe just put it in the chat.

So if anyone wants to tell anyone, that's when we're doing our very last seminars.

But this one is on pathways to green cards.

So there's numerous, numerous pathways.

And I'm just going to explain all of them.

And my focus will mostly be on labor certification and national interest waiver.

Okay.

So, diversity visa lottery.

We do not know the exact dates.

As of yesterday, they may be up by now.

Okay, but they weren't there yesterday.

The diversity visa lottery should be around this next month.

Okay.

And this is last year's countries and last year's dates.

Okay, this is what we think are this year's dates.

We're not quite sure.

Okay.

So again, what you want to do is Google diversity visa lottery 2026.

It should happen this next month.

And what you do is, and all of you qualify.

As long as you have a high school diploma, which all of you have, obviously,

then you will be able to qualify for an H-1B.

The countries that you have listed right there are countries that are not eligible

for an H-1B or eligible for the diversity visa lottery.

Okay, so you want to check if your country qualifies.

Basically, the government gives out 50,000 visas to individuals worldwide for

countries that we do not bring in a lot of immigrants.

If your country is one of them, let's say Spain, then you would apply for

the diversity visa lottery, hopefully get

chosen and come into the US on a green card.

So how this works is this next month you apply.

It's free.

It's online.

It costs nothing.

I've heard that the main reason why sometimes people

get rejected is because of how they upload a photo.

So carefully upload your photo.

And if you're married, both you and your spouse can apply.

And then so you'll apply the next May.

You have to go back.

When you go back onto the system, they won't email you.

You need to go back on the system.

And when you go back on the system, it will tell you whether or not you're chosen.

If you are chosen, then beginning October 1 through September 30 of the next year,

they run this.

It's in the visa bulletin.

They give certain numbers of if you were chosen, if your ticket number or number

was between this number and this number for Oceana, you can file.

If it was between this number and this one for for Asia, you can file.

OK.

And then the last visas are given out before September 30th.

OK.

And then everybody.

So not everyone gets one that was chosen.

It's only in the order your lottery was.

But I definitely would apply.

OK.

That's a diversity visa lottery.

Then there's extraordinary ability.

OK.

Extraordinary ability are for those who have, you know, obtained an Oscar,

an Olympic medal.

Or that have can show extraordinary ability in the

sciences, arts, education, business or athletics.

OK.

And the key thing is here is it's got to be national or international acclaim.

Sometimes I have students who have their Ph.D.

who are like, I've gotten all these awards, but it's school awards.

They're ones, you know, within the department or maybe in the region or their

travel awards or their, you know, best T.A.

or best, you know, those awards don't really count.

They're very admirable.

My daughter just got her Ph.D.

and she had some great awards, but what they're

looking at is national and international awards.

OK.

They're also looking to see what what organizations you might belong to.

But they're not just organizations.

The organizations were maybe the people in that organization all have excelled.

OK.

They want to see maybe if there's published material about you.

And if there is, they're going to look to see what it is.

They're going to see if you've published and

if it was first, if you were first author.

If it was a top tier journal, how influential, how many, you know,

how many people have cited you, that's what

they're going to look at for extraordinary ability.

Okay.

The nice thing about extraordinary ability is considered EB1.

So EB1 is extraordinary, outstanding researcher and professor, special

handling, oh, excuse me, outstanding researcher

and professor, and multinational manager executive.

The advantage of that category is generally the visas are current.

Also, for all three of them, you do not need to follow labor certification,

there does not need to be a testing of the labor market.

And also, so like extraordinary ability, you can self sponsor.

Okay.

Anyhow, so that's EB1.

So there's extraordinary.

Then, for any of you who want to do academia,

there's outstanding researcher and professors.

This is a pretty straightforward one, but again, they're

not just giving it to you because you are a professor.

But you have to, again, publish, be at conferences, make presentations,

et cetera, that shows that you have international recognition.

And for this one, you will need expert or letters from your colleagues or even from

people that do not know you is even better, that will attest that you are

outstanding and that your research makes a difference internationally or nationally.

Okay.

So that is outstanding researcher and professor.

Now, the one I really like for professors, academia, is special handling.

And the other one I really like for professors, academia, is special handling.

And the other one I really like for professors, academia, is special handling.

And the other one I really like for professors, academia, is special handling.

And the other one I really like for professors, academia, is special handling.

And the other one I really like for professors, academia, is special handling.

And the other one I really like for professors, academia, is special handling.

And the other one I really like for professors, academia, is special handling.

And the other one I really like for professors, So let me mention this.

If you are hired as a professor, talk to the school that you're hired,

talk to your university.

There is a program called Special Handling.

And what Special Handling is, is that if a university has advertised your position in

a national professional journal for at least 30 days, then if that's happened and

then there was a competitive recruitment where you were determined, where it was

determined that you were more qualified than any other U.S.

worker, then they have from the 180 days from the day you

were selected to file a green card application for you.

If they do that, the best thing is they do not have to go through perm again.

They do not have to recruit again.

They do not have to open the selection process.

It's a beautiful thing.

It's much easier than outstanding researcher and professor.

So just know that if you're getting into academia,

that's something you might want to look into.

Investment visa.

If you have a lot of money, you're able to make

an investment, you know, investment visa is great.

A warning, okay?

Make sure that the law firms you go to are not startups.

Make sure that they specialize in investment visas.

The problem is sometimes you're going to, or some people go to smaller,

inexperienced investor law firms that say they know how to do investment visas.

But then when you do the change from a conditional

to a green card, they haven't advised you correctly.

So basically how this works is if you want to apply for an investment visa,

you will get a two-year conditional visa and then or residency.

Then before that two-year period is up, you have to file again for a permanent one.

And it's that filing where a lot of companies are disqualified or denied.

So just be very careful with the investment visa that you go to a...

a company that has a good reputation, and maybe ask your friends and colleagues

if they have some... somebody they've used that's been successful.

Okay, because I find that sometimes people are taken advantage of.

All right, multinational management executive, this is the

green card process related to the intra company transfer.

So basically you have a company in the U .S., you have a company abroad,

you have a manager executive rod that is your vice

president, that's your president, that's your cfp.

Okay, so the last two things are perm and special handling.

So most people, most companies aren't thrilled with perm, but if they really

like you and they're willing to sponsor you, you know, if they don't want to train

anyone, then they're usually willing, but it's a harder one, okay?

So here's how you get a green card.

With all of those other categories, you go straight to an I-140.

You don't do the labor certification.

So outstanding researcher, professor, special handling, extraordinary,

you go straight to USCIS.

You go straight to them and file your I-140, okay?

With labor certification, there's this three-step process, and you have to go to

the Department of Labor, then USCIS, and the

USCIS, and they all have different roles.

Step one for Department of Labor is they're concerned about whether or not

there's another qualified worker, okay, and whether

or not you are taking away a job from an American.

That's Department of Labor.

That's step one.

Step two is with immigration, and here with immigration, what they're concerned

about is does the company have enough money to pay you?

Will you be compensated correctly?

And then step three is are you a good person?

Do you have a criminal record?

Have you overstayed?

Have you worked without authorization?

Have you met the health requirements?

That's step three.

At the end of all of that, you get a green card, okay?

So how long does that take?

I used to say until a couple months ago.

Two and a half to three and a half years.

Now our visa numbers are, for everybody, our Indian nationals and our Chinese

nationals, I'm sorry, but for everyone else, it

was two and a half to three and a half years.

Right now, our visas are backlogged, or we don't know.

Could be four years, could be four and a half.

So anyhow, so let's start with step one, labor certification.

The labor certification step is that, one, you have to have a job offer.

It's got to be a full-time job offer, and the employer must sponsor you.

You can't self-sponsor.

If you're a university, if you work at a university and they didn't file for you

under special handling or under outstanding research and professor,

they would go through the same process, okay?

But there are different standards of proof.

For everybody else, what this step means is that it's a testing of the labor market.

They're trying to feel, figure out, in a regular firm,

not in a special handling, they're trying to figure out.

If there is another qualified person who is a U.S.

worker who meets the minimum education, training, and experience required,

and if so, if there is one, and they're ready, willing, and

able to accept the job, then your green card process is done.

But if they meet their qualifications and aren't wanting to take the job,

then they don't, they're not a qualified worker.

The other thing is even if they don't meet

their qualifications, they don't have a job.

The government will ask, can they do the job with reasonable on-the-job training,

okay?

So this is a testing of the labor market, right?

That's what the step one is.

And so they're certifying when at the end of

this, you're certifying there's no qualified U.S.

worker.

So how do you do this?

First, I'm just going to go through what I do.

But first, we come up with the job description, duties and requirements, okay?

You can't tailor it to yourself.

They have to be reasonable.

They have to be fair to U.S.

workers.

And you have to make it so the company can pay that wage,

especially to you, and also that you meet those requirements.

Because if you make a job description so difficult that the wage comes back too

high based on the FLC data center, which I'll put again.

Becca, please put again in the chat.

When you do a green card, like an H-1B, the government wants

to make sure you're treated fairly and compensated fairly.

So what you do is you take that job description, we send it to the government.

The government comes back and gives us a wage and tells

us what the wage category is and what wage level, okay?

So you don't want to make the duty so hard and the requirements that the government

comes back and says, the company has to pay you a level

four, and they can only pay you a level two, okay?

So again, you're making the job offer, creating it correctly.

And then something else is, remember how with the H-1B I said,

you can't use any experience on a green card application?

You did not have.

So if, let's say you're at Walmart, okay?

And you've spent your CPT, your OPT, your

H-1B, and you have no prior work experience.

And now you want Walmart to file a green card for you.

It will be almost, it'll be extremely hard.

And that's because the government will not allow you to use

any of your prior work experience to qualify for the position.

So when you have the duties and requirements, you

need to prove that you meet those requirements.

But you can't use any experience at the company

that's sponsoring you because that's not fair to U.S.

workers, okay?

So...

That's why what I usually suggest is that instead of applying

with your first employer, file with your second employer.

So at the three-year mark, when you have an H-1B for three years and then another

three years, have that second employer file

for you using your first employer's experience.

The other thing you could do is just make sure throughout the time you're working in

all of these different jobs, like I said, get those job verification letters.

Have them signed, put them in letterhead, etc.

Then you can use those letters.

To also prove you meet the requirements.

But an example.

If the position requires that you know Ruby Rails, okay?

Computer software engineer, this is what you do.

One of the requirements is two-year software

engineering experience and experience with Ruby Rails.

Perfect.

Here's the problem.

I mean, here's the situation.

We need to make sure that job description's fair.

But then now we have to make sure you meet those requirements.

Now, let's say if your only work experience is with Walmart.

And you don't have two-year software experience, then you don't qualify for the job.

So you'll get denied.

Or maybe if you don't have Ruby Rails, you'll get denied.

So you have to make sure that the position

is something that you can prove you meet too.

Now, you also, though, can't do the other part.

And that is where you tailor it to you.

Excuse me.

So an example is I once had a professor who said,

Kim, to be me, you need a PhD in 10 years or 20 years.

I said, no, to be you, you see, because you just graduated and it's an

assistant professor, you need a PhD and something, but not 10 years of experience.

So that one, that person wanted to tailor it to him.

That will never work.

Another one is when a teacher comes to me and

says, Kim, the position requires a master's degree.

To be a teacher does not require a master's degree.

So it's these things.

And you'll want to listen to your attorney.

Because even for you, maybe it'll make you feel

better that we're asking for 10 years experience.

Okay.

Down the road, we're going to get denied, okay?

So again, come up with a job description, get

your letters, verify you meet the requirements.

After that time, we file the prevailing wage.

That goes to the Department of Labor.

It takes currently five to six months to obtain.

Once we get the prevailing wage back, we go

to the company, make sure they can pay it.

Every once in a while, I'd say one out of every ten applications,

an employer will come to me and say, Kim, I can't pay it.

It's too high.

And so then we'll have to figure out a plan B.

But they have to approve the prevailing wage.

And when do they have to pay it?

When your green card comes through, or if it's the

same position when your H-1B is approved, okay?

Or your extension, okay?

So then you get the prevailing wage.

Now you recruit.

How do you recruit?

Salt Lake Tribune in Utah.

Salt Lake Tribune for two Sundays, job service for 30 days, a posting at the

company for 10 business days, not including holidays or weekends,

and then three other ways.

There's a list of ten other options.

I choose five just because I'm nervous that if they don't accept one,

you have to advertise.

This is all for about a period of 30 days.

I run everything for 30 days and then for me, I keep the company add-on for another

week or another two weeks so that the government never audits me and says,

Kim, you weren't fair to U.S.

workers because you took down the ad on the last day, okay?

Or took down the link on the website.

After all of that's done, then there's a 30-day waiting period, a quiet period.

At the end of that quiet period, you hit submit.

That submit in order to stay on your H-1B visa

must be before the end of your fifth year.

That's the whole, that's when I'm saying the end of

your fifth year, it's that's what they have to do.

They have to submit your application.

Now interviewing.

I always advise people, advised by companies, if the person looks 50 percent

qualified, they should have a Zoom interview.

It's in your best interest, my non-citizens, and this is why.

First off, just so you know, when people apply, if they're

on another visa status, so a lot of times my professors.

Okay, my professors, many professors are, you know, non-citizens.

If we advertise your position as like professor of social work and you have 25

people apply and 20 of them are non-citizens.

Then they're not even they're not even considered.

It's just the five others.

Then if you have 30 We have five others, and only two of them are even close,

then you only have to interview two.

But it's always better to interview, because if you look at the decisions for

denials under BALCA, BALCA is the Board of Alien Labor Certification of Appeals,

Court of Appeals, but they are the same like of the Supreme Court, right?

And what they do is they will go back, and it seems like the number one reason

why they deny applications or rescind applications is when they find that the

company should have interviewed, because they'll feel like if you didn't

interview, you didn't act in good faith, okay?

Or they will say, hey, there's this resume, and you didn't interview them,

so we think that they could have been qualified, and then you're screwed,

because there's nothing you do.

You didn't interview.

So what I have my clients do, again, is interview.

A 30-minute interview over the phone is much

better, will protect you in the long run.

I'll give you an example.

One, several years ago, I had somebody who, on paper,

this person looked qualified, completely looked qualified.

So then we called her references, or we called her employer.

And her employer said, wait, wait, wait, wait.

It was a social work counseling position, and it

was degree, master's, plus two years of experience.

So we called.

The reference.

I didn't do it, but my company did.

And we found out that she said she had two years of work experience.

She didn't.

She didn't have two years of counseling.

What she had was, she would talk to the patients when she ran the board games,

ran the whole, you know, it was a nursing home.

When she ran the bingo and all of those games, she counted that as counseling.

And because we were able to find that out through an

interview or through a phone call, we could disqualify her.

And we had another one.

My clients called, and they found out that the person who was applying actually had a

really big problem with being absent, being late, swearing.

I had one where they fought a lot, were argumentative.

It's that extra call, if your companies will do that, that protects you.

So then what happens if you don't find a qualified worker, you hit submit.

Okay.

So then the very last thing that happens is then your case is adjudicated.

Right now it's taking 13 months and 11 days to adjudicate cases.

At the end of that PERM period, DOL will either approve your case,

deny your case, or issue you an audit.

If you have an audit, it takes 30 days to respond to, and then you'll find out.

So let's look at timeframes.

Just the PERM.

Just the PERM is, say it takes a month to

get your job offer and verification letters.

Prevailing wage is another six months.

Okay.

So now we're at seven months.

Recruitment, let's say it's seven, three months.

So now we're at... Ten months.

And then we have to wait a year and 13 months

now, right now, to wait till your decision's made.

That just gets you to step one.

Assuming you get the labor certification, that's what you want.

PERM is labor certification.

Once you get that, then you turn around and you file the petition for alien worker.

This is now the first time immigration's heard about you.

You're going to file the petition for alien worker.

You're going to include all those letters you got before, and you're also going to...

The company has to show proof, tax returns, audited financial statements,

and if they're over 100 employees, a letter from their

CFO, proving that they have the ability to pay you.

It's usually... When I start a PERM, I try not to do startups.

I don't do new companies because they generally don't

have the documents proving they have the ability to pay.

I usually wait a year or two.

The petition for alien worker, you're looking at 15 days.

Okay.

The last one is Adjustment of Status.

This is where they're going to do your background check.

They want to know everywhere you've lived and worked in the last five years,

whether or not you've worked without authorization.

Did you get your COVID vaccination?

All of that.

Right now, I mean, they've been taking nine months before

this last month, but right now, visas aren't available.

So we're just waiting.

So this whole process could take anywhere between two and a half, three and a half,

maybe four years for non-Indian and Chinese nationals.

Okay.

So that is PERM.

That's the one that people...

people don't love.

So again, here's the status.

File the prevailing wage, get letters, obtain the prevailing wage, advertise,

file the PERM application, wait, file the I-140, file for adjustment.

Oh, and the last step you have to do medical.

Okay.

Very quickly, National Interest Waiver, because people don't like this whole PERM

process, some people apply for a National Interest Waiver.

That's a great option if you qualify.

You need to have an interview.

You have to show an advanced degree or show exceptional ability, okay?

And you have to show that you have an endeavor.

And that endeavor, you have to show has substantial merit and national importance.

Not regional importance, not importance just in Utah

County or just in Salt Lake County, but nationally, okay?

And then even harder to prove is that you are

in the best position to advance that plan, okay?

So some of the best people to do this, honestly, are professors.

Professors generally are able to advance the endeavor, but you want to make sure

that you can prove that you can advance it.

Now, for those of you who might want to meet with me, I actually have a form I'm

going to have you fill out and be prepared to talk with, for us to talk over,

to decide if we think you are able to advance that proposed endeavor, okay?

But that's a very huge thing is even if you're, whatever you have is substantial

and it's national importance, it doesn't mean

you're in the best position to advance it, okay?

The last thing is, it's generally, if you can prove the first two,

generally the third one is pretty straightforward.

Exceptional ability.

So most people have advanced degree.

People ask me all the time, I'm in my PhD, should

I wait to get my PhD before I file for NIW?

Absolutely.

1000% because you want to do that instead of having to prove exceptional ability.

Just wait to get your advanced degree.

If you don't, if you're getting your bachelor's, you

want to do something else, then do the exceptional, okay?

Then, then what you have to prove again that you're well positioned to advance it.

These are some of the things that are looking at your

education, your skills, your knowledge, the record of success.

How do they know all of this?

Because of the documents you're giving them and also expert letters.

You're going to get letters from colleagues and

people in the industry that can support that.

This is some of the evidence they're requesting, okay?

And then once you get all of that, once you get

all of those things put together, you file for NIW.

If you're premium process a national interest waiver, it takes 45 days.

And then after you have that, then you just wait until you fall for adjustment status.

So I mean, that's it.

Those are the main ways you're getting a green card in the US.

So that in mind, I'm good for questions.

So if you want to just raise your hands.

Okay.

Okay.

Let me see here.

I'm going to just look to see what questions here.

I think I've answered this.

Okay.

Let's see.

That one.

Okay.

Do you do you necessarily have to switch your employment?

It depends on how much experience you have before.

If you have no experience before and you're going to apply for a position,

all you can ask for is a bachelor's degree, which

will probably mean you can find a qualified worker.

So if that's if you work for the same employer that entire time and you can't

use any other skills, knowledge, or experience that you

gain from anywhere else, I would change your employer.

Okay.

Otherwise, I don't know.

There's no way that you can make a job description that you meet the requirements

when you have no nothing to prove any requirements that you already meet yourself.

So and yeah.

Okay.

With that in mind, I'm just going to go.

Would you guys please quickly ask your questions?

Be very concise.

Okay.

All right.

And if you if it's something that you want to just

meet with, put your name in the in the on the form.

Okay.

Now we now was this.

Sorry.

Hey, Kim.

That's a good question.

So what is the ideal time to apply for the green?

Start the application with the green card.

Ideal time?

Yeah.

Okay.

Let's take you.

You're from the country.

That's a good backlog.

India or China.

Yeah.

Tell me what country you're from.

India.

India.

Okay.

What's your degree?

MS.

MS.

And when did you graduate?

I graduated last year.

Okay.

And as you okay.

So you have three years on you graduate one month.

Yeah.

What month?

What month did you graduate?

July.

July.

Okay.

And did you okay.

So you go July 24 to July 25, 26, 27.

Okay.

So you'll be covered in the cap gap.

So you can file 25, 26, 27.

Okay.

So I would apply for a green card.

Because you can see how long they take.

I would get yourself into an A to B.

And then a file for a green card as soon as you can.

Do you have a lot of work experience from abroad?

No.

Do you have any, what about your CPT and your OPT?

Where did you spend your CPT at?

Like at a startup.

At a startup.

Okay.

So, okay.

So that's good.

So you, and is that where you're spending your OPT?

No, I'm spending it at a different company.

Okay, perfect.

So if you, and how long were you at the startup?

That's for three months.

Okay.

And then did you do any special projects while you were in school?

Yeah.

Like with professors?

A lot of publications, research publications.

Okay, fantastic.

Okay.

So I would say for you, apply for an H1B every year.

If you don't get an H, consider an O based on what publications you might have.

And then I would say, especially in your case, you're going to get an A.

You're going to need to have an H1B to start a green

card where recent numbers aren't available, right?

And so you're going to want the extensions.

So if you believe you have enough work experience now,

because remember, you don't always have to use experience.

You can use, when I write one, it'll be like bachelor's degree,

two years experience, demonstrable ability to do this,

demonstrable ability to do this, knowledge of this.

If you have enough of those demonstrable ability and

knowledge and all that, that you can get from your prior CPT.

Then you can do that.

It's not always years of experience.

Sometimes it is, you know, any other skills that you have.

But again, making sure that not everyone else has it.

But also, if you're on your OPT right now, right?

You can have more than one employer.

Okay, so I can have like an OPT employer and an H1B employer?

No, no, you have to have an OPT because you're still an OPT, right?

So what school do you go to?

University of Utah.

Okay, I would go take with Anastasia or one of the officers there and see,

you know, what are the flexibilities do you, what flexibility

do you have to work more than one company for your OPT?

Because then you can have a myriad of companies and get that experience while

you're on your OPT that you can maybe use for your green card later on.

Interesting.

Does that make sense?

Yeah.

Yeah.

So use this time to, even if you work at a company 10

hours a week, I think you have to have a full time job.

So again, I have no idea.

I'm just throwing this out there.

See what possibilities you have to work more than one job for your OPT.

And then get those letters.

Because when you write, and in fact, if anyone wants to know

who's applying for a green card, go to the Salt Lake Tribune.

Salt Lake Tribune, we have to advertise for

two consecutive Sundays in Salt Lake Tribune.

That's who's doing your green cards.

Okay.

For university professors, go to the Chronicles of Higher Education.

Now you'll know who's doing green cards.

Or the Higher Ed Journal.

Higher Ed Journal or Journal of Higher Ed.

Those are the people who are doing green cards.

You can kind of see what requirements they're using.

Okay.

But it's not always years of experience.

Sometimes it's knowledge of, sometimes it's

ability to, sometimes it's proficiency in.

Okay?

Okay.

That's what I do.

Thank you.

That make sense?

Okay.

Great.

Thank you.

Hi.

Hi.

So, I'm currently in a F1 visa, right?

And I got told that I can still because I, I managed to get in the U.S.

I can still like look for like a sponsor that could

help me in some sort of speed up my green card process.

Is that true?

And if so, how can you expand it?

So people are coming to you and saying you could speed up your green card process.

Something like that, yeah, because they told me to attend this meeting to get more

information, but being in an F1, I can now do like a, I don't know,

visa transfer or something, or search for a sponsor.

Well, the thing is, you have to have a degree.

Yeah, so somebody can sponsor you, but what's your major?

I'm in pre-business, I'm marketing.

Marketing, and when did you graduate?

2027, 2026.

Okay, so what year, and how long have you gone to school?

I did two years of high school in Minnesota, and then one year of

university, and this is my second year of university.

Okay, so what you should probably do is see if you can apply for CPT, which will

allow you to work off campus as part of an internship.

And then you would graduate with your H1B, apply for

OPT, and then while you're on OPT, apply for an H1B.

And then while you're on your H1B, apply for green cards.

Does that make sense?

There's no magical way.

What country are you from again?

I'm sorry?

Italy.

Italy.

Well, here's one thing, Ivan.

Go and look at a diversity visa lottery.

Diversity visa lottery starts next month, or

sometime in the next couple of days to a week.

Diversity visa lottery, generally Italy is a country that's allowable to file.

Apply for the diversity visa lottery.

Okay?

Right.

And then as far as what you could do now, your best thing is to keep going to

school, but to use the extra perks you have to work on CPT, to do OPT.

Does that make sense?

Yes.

But my question was, if I'm in an F1, can I still start looking into sponsors

and see who could start sponsoring me while being on F1?

No.

I mean, you can, but it's only in the terms of working on CPT.

You can't just go find an employer there and have them file for you for a green card.

Okay.

So we need to wait regardless.

Depending on your situation.

Sign up to see me and we can talk about, you know, other options.

But if you're saying, I have a friend of a friend of a

friend who's offered me a job, generally that won't work.

Okay.

All right.

Okay.

Yeah, that makes sense.

All right.

All right.

Thanks, Ivan.

Thank you.

Let's file for the diversity visa lottery.

Okay.

Hi, Cobb again.

Hi there.

Hi again, Kim.

Hi there.

Hi there.

Hi there.

Hi there.

I'm the vice president in IW.

And so, you know, a lot of law firms, when they try to get the free access,

they ask me for, you know, how many publications

I have, which I don't have much, I would say.

So is there any way that I can, you know, find an IW without the publication?

I know it's going to be hard.

Yeah, it's going to be hard.

Yeah.

Come meet with me and I'm going to send you out a form

that I'm going to have you fill out if you want to.

And fill it out and tell me and show me your CV and we can discuss it.

But no, I mean, but there's other categories.

It's just not publications.

It's have you made presentations?

Have you, you know, judged the work of others?

Have you, I mean, do you have eight to 10 people who are eight to 10 individuals who

can write letters on your behalf showing that

what you have is in the national interest?

Right.

Your proposal.

Does that make sense?

Yeah.

You can't do that.

It's not just publications.

That's right.

Just people think it's publications, but it's what is your endeavor?

Um, so I graduated from Econ and, you know, PhD in Econ, but I just didn't,

you know, want to do the publication just that.

Okay, but what's your endeavor?

What do you want to do to help the United States?

What's your, what's your plan?

Um, I don't know.

Becoming a good economist, I guess.

Okay.

So that one right there, my friend.

You're not going to qualify for an IW.

So, but that's a good thought.

What you need to do is let's get you an H1B and go there.

No, that won't work.

Sorry.

But good.

Good.

Yeah.

Come meet with me.

Let's, let's talk about some other things.

Yeah.

Yeah.

That was funny.

You made me laugh.

Okay.

All right.

All right.

Anil.

That's good call.

I wanted to have, I want to meet with you just because I've got a visit with you.

Okay.

Anil, go ahead.

Hi, Kim.

Hi, Anil.

I was wondering what the difference was between the two of you.

I think it was between the national interest waiver and the extraordinary

skills visa or those like first two visas I

think that you talked about after the... Sure.

So extraordinary is you are at the top of your field.

You are at the top 1%.

Okay.

We got one for an Olympian this last year.

Right.

So you were at the top of your field.

You are, everyone knows you're nationally or internationally known.

Does that make sense?

That is... That's extraordinary.

You are clearly extraordinary.

Okay.

National interest waiver is what you have, that

you have something to offer the United States.

You may not be at the top of your field.

They're not asking you to be.

They're just saying that you have a plan for the US that can benefit, the US can

benefit, that we have a national need for that is going to make the United States a

better entity or place, a nation, and that

you have a plan that you're going to replace.

How grand of a plan does that need to be, like if you say, based on the previous

answer, I want to, I don't know, expand the US economy doing trading.

Does that qualify?

Nope, that's not enough.

So here's what I'm doing.

Let me send you this form, you fill it out.

And I always tell people, go to TikTok guys, go to YouTube.

Millions of people have filed for National Interest Waiver.

But I will tell you the ones that are probably the most qualified are the ones

that are professors, ones that are in technology companies, that are more in

leadership there, people who are entrepreneurs.

Those are some of the best National Interest Waiver applications.

Doesn't mean you can't be one, but if you have no direction to what you

have that has substantial merit to the United States.

So let me tell you how I would suggest you do.

Go and look at the White House initiatives.

Go look at all of the Cabinets.

We have, I think, twelve Cabinets.

Go look at the Department of Treasury, the Department of Labor, whichever

department, and find out what the nation is concerned about.

Find out what the White House, what, what goals they have for our nation.

And then see if what you have, what you can offer is in line with that.

Then make sure you publish in that area.

Make sure you're lecturing in that area.

Make sure you're doing peer reviews in that area.

I see.

Okay.

Okay.

Okay.

Yeah.

Thank you so much.

No worries.

Thank you.

Okay, Taewoo.

Hi again, Kim.

Hi there.

I just had a quick question.

I can't hear you.

Say it again.

Oh, sorry.

Can you hear me?

All right.

So when we talked about the H1Bs and the green cards, we talked about that you

don't want to, like, how you use the analogy from Walmart.

You want to, you don't want to have the company file a green card from which the

company that sponsored you for an H1B visa, correct?

You want to make sure the company that sponsors you, you cannot use any

experience that you had at the company unless the job that you're being sponsored

for and the job you held were 50% different.

Because, so that's the rule.

And why?

It's because it's unfair to U.S.

workers who never had a chance to work at the company.

Now, if the company, if the company that wants to sponsor you, if you already have

a lot of previous experience you can use, then it's fine.

Then you don't need the experience you gained here, right?

But it's when you don't have any experience anywhere that it makes it very

difficult for you to file for a green card and require duties and requirements.

When you don't meet the requirements yourself.

Does that make sense?

Sorry.

Sorry.

Let me, let me, let me reach out.

So let's say that I worked for a company for chemical

engineering, like chemical processing company for an H1B visa.

And now I want... Sorry.

Sorry.

Let me change this.

Okay.

Thanks.

Sorry.

Keep going.

Oh, okay.

Cool.

Thank you.

So let's say, let's say I've been working for a chemical processing company.

For an H1B visa.

And I want to transition to apply for a green card.

When I'm applying for a green card, I am not supposed to put in my experiences

as that given company or... You can't use that same experience.

Okay.

So let me give you an example.

Let me just pull up a job description.

Let me give you some examples.

Maybe this will make sense.

Okay, so...

Let's see if this works.

Give me a second here.

Okay.

Lots of teachers.

Let me see if I can get you something besides teachers.

Let's use technology.

Okay.

So let me make this larger.

Let me share my screen.

Okay.

Whoever is on, if you wouldn't mind just muting yourself, please.

Okay, let's see if I do this.

Oh no, not you.

Okay, let's see if I got this.

Do I have it right?

Okay, I think I do.

Can you see where it says multimedia?

Okay, coordinator?

Yes.

Okay, see if I can make this larger here.

If not, I might need your help, Becca.

Okay, so until Becca comes in and saves me, okay, this is a job description.

This is one we've had a green card approved in.

Okay, oh here, maybe I've got this here, sorry.

Close window, oops, oh sorry, my bad.

Becca, I might need you to save me, Gail.

I am terrible at technology.

Let me just make sure she's in.

Will you just share that screen for me?

For...

It's just I was doing the job descriptions.

Right there.

And will you make it larger, please?

Okay, you're the mom.

Is it shared?

Can you guys see my screen?

Can you see multimedia coordinator?

Okay, all right guys, so this is... can people hear me?

Someone tell me if they hear me?

You can hear me?

Okay, so this is a job description we did for a company, right?

Here are my duties, here's my requirements, right?

So this company needed a multimedia coordinator.

Person has a citizenship by now.

This is what we required.

In order to do a green card, okay, I have to prove that

these are the minimum education training experience required.

I also have to prove that you meet these requirements.

But the company that... the only experience I can

use is experience you did not gain at the company.

So that means you have to have another company show that, okay?

Now, you'll also see where do you see this is demonstrable

experience directing talent, other medias, da-da-da-da-da.

Okay, so this just means that you have the demonstrable ability to do something.

Maybe you gained that in working on a project during school.

Maybe you did that during your CPT.

If you can prove you meet these experience,

then the company that sponsors you, it's fine.

Then they don't have to use the experience you gained there.

Because you have other experience.

Does that make sense?

So I guess my follow-up question is that normally you do CPT before OPT.

And because of that nature, right, so because of the nature of that,

the work experience at CPT might be, I mean, like, you

know, less advanced from the experience that you get on OPT.

But it doesn't even matter.

Like, it doesn't matter where you got the experience.

You could have got the experience in Guatemala.

You could have got the experience, you know, working on campus.

Does that make sense?

So look at the one, do you see where it says senior Ruby web applications?

Okay.

So do you see where it says ability to program

proficiently in Ruby, Perl, all of that?

Do you see that, right?

Can you see the job description?

Yes, I can see this.

Okay.

So there, they don't even have to, I mean, they, they gained that in college.

That's fine.

If you gained that in the CPT, if you have a professor that can verify

that, it's not always that you, it's just when somebody does not have any

work experience, has not gained any skills, except at the current employer,

that's where it's hard.

But if they have other experience, that's fine.

So this position requires a bachelor's and five

years experience as a senior systems engineer.

So if you have five years experience somewhere else, not a problem,

then you can have the same employer sponsor you.

It's whether or not you already have that experience.

If you have no experience to meet these requirements, then it doesn't help you.

Does that make sense?

Yes.

So if you have similar experience before you graduated, and then you went on to

work in that certain similar field, you can use that.

You could use another experience as your experience.

Right.

But here's the problem right here.

Do you see how this is five years experience as a senior systems engineer?

You have to get a letter from an employer saying you

have five years experience as a senior systems engineer.

So now that's the hard part.

Let's, you know what I mean, so let's say you worked in Portugal as a senior

software engineer, and then you came to BYU or U of U to work, then that would work.

Okay, but if you had no experience and you just graduated

from U of U, and you're just, you have no experience, then I

That's why I said, when you leave other companies, get

a letter from them that says all the skills you have.

So you say, you know, I worked at XYZ company.

And while there I worked, I worked using SAP ERP CR, you know, crump, da da da da da.

So then when an attorney looks and prepares a job description with the

company, and the company says, Hey, we have, you know, we need SAP HANA.

Great, you have this letter from while you were in school.

And the professor says you worked in that, bam, you're you've met that requirement.

Gotcha.

So as someone who didn't have work experience before, my best bet is that I

want to do internships as much as I can while I'm still at school, so that I can

link to, I can use that experience when I... Right.

And also projects, work on projects, work on capsules, do case studies.

Yeah, capsules, case studies.

It doesn't mean... so this five years experience is the hardest part,

ok?

But many times, when my client has no experience,

I then use keywords like deiggleful ability t.

your teacher can say you have a defel liegt of웃 that makes sense.

The Prepare to Jus Re该, Those are the key things that lawyers will write,

knowing that you don't have work experience.

But here's this deiligable ability to program proficiently.

How does an employer know that?

They'll sit there with the applicant and ask some questions.

So if you did this and this, then how would you code there?

And if they give an answer that's too vague and shows they cannot code,

then that way it doesn't work.

Does that make sense?

So if you can prove it somewhere else, then that's great.

But if you can't prove it at all, then, you know, you should go to another employer.

Does that make sense there?

Yes, thank you.

And also, I signed up for your forms, Google Forms.

Yes, it didn't have me specify the dates or time you wanted to schedule.

Yeah, no, what I'll do is I'll send you a link.

I will send you an email and I'll say, here's a link schedule here.

All right, perfect.

Thank you.

Yeah, that's how you know.

Thanks for doing that.

It's hard because last year people were calling saying, I attended and if I don't

have any proof you attended, I already have

433 other appointment interviews I have to do.

Does that make sense?

So just make sure you do it.

OK, so Taewoo, it's been a pleasure.

I'd love to meet you.

OK, Ximena.

Oh, likewise.

Thank you.

OK, thanks.

OK, guys, here's what I have.

I'm supposed to start MarriageBase eight minutes ago.

However, you're my last family, EmploymentBase.

I'm going to continue this for 10 minutes.

For those of you in MarriageBase, I'm so sorry, but we're going to do this

for 10 more minutes and answering questions.

So, Ximena, your turn.

Hi, thank you so much for all that.

Answers to the question.

It was a lot.

My question is because I heard about other people that like apply for HB1.

OK, go ahead.

HMB?

Yeah.

That if you work for nonprofit organizations, the state have like special

measurements like they they don't send you to.

I think you have to participate in kind of lottery for the HB1.

Right.

And when you work for nonprofit, that step is like skip it or something like that.

I would like to know more about that.

It's not a nonprofit.

So it's not a nonprofit.

No one can see my screen right if I type here.

So it's not a nonprofit.

Do me a favor, Natalie or Becca.

Will you go to that one page that lists who's cap exempt and just copy and paste

that information in this in the chat, please?

Thank you.

So let me, Ximena, she will text in this link.

What it means to be cap exempt.

OK.

And then.

Yeah.

So that's it.

And those who are cap exempt do not have to go through the lottery.

Yes.

Oh, nice.

And for I know maybe this one was in your meeting before.

And I'm sorry if I missed that one.

Can you explain a little bit about the requirements for that?

Because I would like to know.

I'm so sorry.

There's no way I can do that whole HMB again.

No, don't worry.

I'm doing the HMB, my last seminar.

If you want to attend, it's the same link.

It is October 16.

I'm sorry, but it's just the way I can do an hour of it.

Yeah.

But go to.

I think, Becca, if you'll put it back in the chat.

I'm doing the same thing next week for the 16th and just join that, OK?

Well thank you so much.

You too.

Thanks.

Bye bye.

Mohamed?

Hi.

Hi.

Hey.

Again I was.

Hi again.

Yeah.

Thank you again for the presentation.

So, I had an open question, but you first answered, like, I just wanted to be sure,

like applying for the lottery, right, green card lottery itself wouldn't

disrupt my F1 visa, nor the, okay, okay.

The diversity visa lottery, right?

The diversity visa lottery?

No.

But here's what I do.

If you're chosen, don't leave the country.

Until you get a green card.

Oh, I don't have to go back, right?

No, no, no, no, no, you can file it here.

I see.

So if you're chosen in the diversity visa law, you can adjust status here.

Uh huh.

So what I'd say is if you find out next May, you were chosen.

Right.

I wouldn't leave the country until you get a green card.

Oh.

If you still get it.

That's convenient.

Yeah.

Yeah.

I just wouldn't leave.

That way it doesn't affect you.

Okay, nice.

And the other thing, like just, I mean, it's a small probability.

It's a small probability to get, you know, chosen.

Anyways, like the extraordinary abilities or the waiver for like international

interest like by, for example, would something like since I'm material

science PhD doing like citations in the field like organic electronics would like

be of national interest to have, example, like more efficient

photovoltaical solar cells to be the first.

Maybe.

Right.

Right.

So go and look at Department of Energy.

Uh huh.

Right.

Right.

Department of Energy wants us to focus on.

Something like that could work.

Yeah.

Yeah.

Yeah.

Okay.

So the best thing, guys, before you see me a national

interest waiver is go and look at the initiatives.

We have 12 cabinets.

I have the link.

Go and look at what they have.

Yeah.

Go and look at the cabinets.

Okay.

Thank you.

Find the link of what they need you to do.

And then say, Kim, here's my CV.

I think I can do it.

Okay.

All right.

I'll get that.

Thank you.

Thank you.

Okay.

Take care.

See you.

Bye bye.

Oh, hello.

Can you hear me?

Mm hmm.

Oh, so I'm a BYU student.

Hi there.

Business major.

And then we're in the Sandbox program, which are helping us to start a business.

Like, so I want to know, like I said, I have

one student, can we start a business here?

And then can we still working on it after we graduate?

Go and talk to Sam.

I don't know.

They're very specific discussions there.

Make sure you are doing exactly what the international office tells you to do.

If not, then you will violate your status.

And I don't know about F1, so that's why he's

very on top of this with the business school.

Now, that said, once you find out what you can do and what you can't do, that would

put you where it talks about well positioned to advance your endeavor.

By you doing that, that would help you in a NIW case.

Got it.

Thank you very much.

Okay.

You bet.

Thanks.

Okay.

DI?

Or D?

Yeah.

So I'll make myself quick.

So I'm a PhD student in computer science.

I'm going to graduate this fall.

And I have a couple of questions.

One is with NIW and the other is just EV1B.

And so you mentioned, like, so for application of,

like, an NIW, like, do that after I get a degree?

So is that what you... So it's, like, after...

So assuming I'm getting the degree this semester, so I should do that after?

While I'm, like, on the job market?

Or...

I'm afraid I'm not understanding.

So you graduate in December.

Yeah, in December.

I'm sorry?

And so apply for NIW or file for NIW.

You mentioned I should do that after I obtain the degree.

After you graduate.

Yeah.

Absolutely.

Then you don't have to show exceptional.

Yeah.

Absolutely.

After.

Okay.

Because, yeah, I was just told by my friend that

do that, like, while I'm obtaining my degree.

But okay.

No, because do you have a master's?

A PhD.

Yeah.

Yeah.

But do you have a master's?

Yes.

I do.

Okay.

Okay.

I'm going to be honest.

I really think a PhD is better.

Okay.

Than a... I mean, you know what I mean?

I mean, I think that's...

I mean, you can do it while you're in school, but

you'd have to prove the master's, which maybe you can.

If you can do the advanced degree and use everything else, then you're fine.

It's just I would never not have an advanced degree and a file because if so,

you have to file it.

You have to prove exceptional ability.

Okay.

So, you know, if you have a master's degree and it's related, go ahead and try it.

Yeah.

I mean, yeah.

Yeah.

I can do it after.

Just because it's kind of miscommunication.

And for EB1B, like, so is there like a limitation

for what kind of companies can do it for you?

Because EB1B is only through companies.

Through sponsor, right?

Okay.

EB1B, which one?

For...

Okay.

Hey, Asia.

Can you... Can you mute yourself?

Can you say that again?

I'm sorry.

EB1B, which one?

For me or for... For you.

For you.

Hey, Becky, do you want to come in and just put down the next slide thing?

Yeah.

So, EB1... Okay, go ahead.

EB1B, like, that was the one that, like, you have got a sponsor from the company.

Okay.

So, do you mean...

So, not extraordinary, you mean outstanding research and professor,

or do you mean EB1C multinational?

EB1B, I think.

I think that's like, yeah, through the sponsor of the company, right?

Okay.

Or is that only... Yeah, yeah.

No.

So, it's EB2.

And yes, you need a sponsor.

If you want to pull up Family Race, you do need a sponsor for...

The only ones you don't need a sponsor for are National Interest Waiver.

EB1A.

Yeah.

Yeah.

National Interest Waiver and Multinational...

Sorry.

Exceptional.

And National Interest Waiver.

Mm-hmm.

Yes.

Okay.

Okay.

And just, you know, exceptional is not a separate one.

It's not like it's...

It's advanced degree and National Interest Waiver,

or exceptional and National Interest Waiver.

Excuse me, let me try it again.

It's Advanced Degree and National Interest Waiver

or Exceptional and National Interest Waiver.

There's nothing that's just exceptional.

You have to tie it into National Interest Waiver.

Okay, that makes sense.

So I fill the form for the one-on-one consultation,

so I will receive an email regarding that?

Yes.

Nobody sign on my website, please.

On top of all of this, if you go to my website, I have a website, Bueller Thomas

Law, I give everyone a free consultation while they're going to school.

While you're going to school or on your OPT,

that's not what you want to sign up for right now.

This one is just you get to sign up because you came to a seminar.

I come to seminars twice a year.

Anytime you attend a seminar next year or the year after, you can sign up.

You'll get the same free consultation.

Okay, that's just what I do.

I feel like I should give you time to discuss your case.

Yeah, I know.

So I saw you mentioned you are doing this, like the one again on October 16th.

And so do you have a schedule for that?

Because I'm not going to receive that email from Universal.

No, because Universal, no, but if you want, just

Natalie or Rebecca will just give you the...

It's the same time, same, like she'll message you.

How's that?

She'll message you.

Okay.

Okay.

All right.

Okay.

I got to hurry on to family base, so let me think.

Nice to meet you, Dee, Jingjing, Shamina, and then Abby one last time.

Though I might talk to you, Abby, separately.

But go ahead, Jingjing.

Hi, I'm majoring in elementary education, and this is like my fourth year.

And I'm just wondering, do I stay with the same school as I'm doing the CPT or OPT?

What school district are you with?

What school district are you with?

Salt Lake City right now.

Okay.

What's your title?

What's your position?

Right now is the student teacher.

Okay, but what will you teach after?

Are you dual immersion?

Yeah, I wanted to do dual immersion.

Okay.

So I will tell you a lot of times for my dual

immersion teachers, I do represent school districts.

Go and talk to them and see if they can sponsor you.

School districts, many of the school districts in Utah are CAP exempt.

So I would just go talk to them and see if they would be willing to sponsor.

Okay.

Sounds good.

Okay.

Thank you so much.

No problem.

Thank you.

Okay, Shamima?

So I'm doing PhD in electrical engineering and hoping to graduate by April 25,

I believe.

So I'm doing PhD in the University of Utah.

So I have a concern, like, I don't really have much citation.

So for that purpose, like, do you think after the PhD, should

I still wait for the citation or can I just apply for the NIW?

I would like to go for that.

And do you also do the free profile evaluation maybe so

that I can send my resume, CV so that you can have a group?

Yeah, that's what I do.

Yeah, that's what I do during the consultations.

I'm doing that.

Yeah.

Then you can send it.

I'll send you again the email.

And if you will, you know, send it, then we'll discuss it during your meeting.

Is that okay?

Thank you.

Thank you.

Okay, thanks.

Okay, appreciate it.

Abby, you need to make it fast, my friend.

I've talked to you a couple times.

Yeah, I'm just going to keep this quick.

So I think I already mentioned I'm getting a bachelor's in computer science and I'm

interviewing for software engineering positions.

So I'm an Indian national.

Do you think it's a good idea to maybe work for a company for one or two years in

the US who's willing to also sponsor my H1B?

And if it doesn't work out, give me L1A, send me to

Canada or India and then allowing me to come back.

Would that be good for me?

The fastest way to get a green card?

Well, if you're from India, though, you want to...

Yeah, I mean, have them apply for you.

I mean, the bottom line is you need an H1B.

Yeah.

And if you can't get an H1B, then see if they'll

do an L1A and then bring you back on an H1B.

Or if you're a multinational management executive...

Go ahead.

So, Abi, I think let's... How about if you and I meet separately?

Is that okay?

I just need to move on.

Is that okay?

Yeah.

Sounds good.

Thank you.

Okay, thanks.

Prio, I've got to jump onto marriage base.

Is that okay?

Sorry.

No problem.

Schedule to meet with me or wait till the end of

this family base if I get a chance to talk to you.

I will.

Okay.

All right, guys.

So, so sorry.

Thank you, Prio.

Thank you, Abi.

Thank you, everyone.

Great questions.

Okay.

So, here we are.

Family base.

Okay.

If you want to know about filing to work in the United States or to... Sorry.

So tired, guys.

If you are getting married to a citizen or wanting to know about a fiancé visa or

wanting to file through a family member, you're in the right seminar.

So.

I don't know how many of you are... I think I will repeat myself.

It's like my ninth one, but I'm an immigrant.

I am really into wanting to help immigrants from Vietnam.

And I think I've said this so many times.

So I'm just going to go straight to the self.

Here's how my computers look.

I've got my PowerPoint in front of me.

On the left hand side, I can see who is in this gallery.

And then on my right hand side, I have people

who've signed up for a free consultation.

So here's how this works.

I teach this class, present this seminar.

If you want to meet with me after the seminar for

20 minutes, I send you an email with the link.

Okay.

And then once you have that link, you can then schedule to meet with me.

But you have to fill out the link that Becca's put in there because I have so

many people that want to meet with me that I can't.

This is the only way I know you're here.

So if you'd like to meet, please fill it out.

If you're not on my list, then I'll tell you, just come next year.

Okay.

Or next semester.

Okay.

And please don't share the link with anybody else.

So here it is.

Immigration seminar for international students.

Okay.

And this is marriage to a U.S.

citizen.

So let me... And the link is in the chat in case you're wondering.

Okay.

These are the forms that you need in order if you're married to a U.S.

citizen.

Okay.

You're going to file all of these forms at the same time.

The U.S.

citizen is going to file the G-1145, the I-130, and the affidavit support.

Everything else is filled out by the non-citizen.

Okay.

So you're going to print out all these forms or type them up as a PDF.

Save them.

Get your medical exam.

Get six passport photos of the non-citizen and two

of the citizen if you're applying for everything.

Of this, you must file the I-130, the I-130A, and the I-45.

Work authorization and travel authorization are separate.

You don't need to file for them.

They're optional.

If you apply for employment authorization, the hard part about that is that I tell my

clients, my students, don't apply for it because it's $260.

But don't use it until after your OPT is over.

And if you don't have your green card by that time.

Then use it.

Because I don't want you to violate your F-1 visa.

Because your F-1 visa requires that you meet

certain requirements and go through CPT and OPT.

So I tell people apply for it but don't use it until after your OPT is over.

As far as travel document, right now it's taking 13 months to get travel.

I'm finding that my clients are getting green cards

in like anywhere between five months and a year.

Maybe a year and a half.

And so it's a lot smarter in my mind.

Unless you know you want to travel.

If you're sure you want to travel, apply for it.

The thing though is if your green card gets approved before the 13 months,

then you are forfeiting your money for travel.

But at the same time, if you have a sick family member and

you need to leave the US, then you should apply for travel.

It will still take the 13 months.

But if you have to expedite it, then you can ask the

government to expedite it because it's already pending.

So it's whatever you want to do here.

But these are the forms.

Make sure you get your medical exam.

Medical exam.

Becca is my fantastic paralegal.

She's like running the chat box.

There's a link that if you want to get...

Well, you need to get a medical exam from an authorized immigration doctor.

Click on that link.

Bring your vaccination record.

You must have the COVID shot.

You must be vaccinated for COVID.

And then you're going to send that into immigration too.

So it's all of these forms, photos, and medical.

On top of that, you need civil documents.

Birth certificates from both the citizen and the non-citizen.

Your government marriage certificate.

Any divorce or death certificates from prior spouses.

If it's a foreign document, this is how you

would find out what is the correct document.

You just type in travel, state, reciprocity, and your country.

And it'll pull it up.

Translations.

Everything that's not in English must be translated.

Totally up to you.

You don't have to go to a professional translator.

It just can't be your family member.

It just has to be somebody that speaks both languages.

There's many people online.

There's people that you can go talk to your department chairs.

Or a friend of yours.

As long as they know how to translate.

They're competent to both Spanish and English.

Or your language and English.

This is a person that I know that translates.

I've never met her.

She does a good job.

And you're going to use this translation until you're a citizen.

So if you need somebody, this is just a recommendation of somebody who translates.

Go to whomever you want, but that's just a suggestion.

Beyond that, you're going to need your forms.

Your medical.

Your passports.

Your civil documents.

You also need these documents.

No.

Whoever just asked me again, you cannot translate them.

You can't translate them and your family members can't translate them.

It's got to be a third party.

Other documents that you need.

Passport and 994.

I give the government a copy of every page of my passport

that does not have or that has writing or stamps on it.

If you do that, then they need a copy of your passport and 994.

Final court dispositions.

If you have committed any crimes, you need to go back to the... contact that

courthouse and ask them to give you a certified

copy of your final court dispositions.

Other things.

You've got to give them a copy of your I-20s and

employment authorization documents, DS-2019s, all of that.

Now, if you've ever been on a J-1, you have to give them a waiver.

You either have to show them in your passport that you're not subject to the

two-year rule or you have to show them the waiver.

So you'll have to give that to the government, too.

The next thing is documents proving your joint marriage.

This is huge for the government.

How did I miss it?

Okay.

Let's see.

It's down a couple, guys.

Sorry.

I'll explain that.

Then you also have to give documents proving that you guys have a bona fide marriage.

And I'll explain that in a minute.

Okay.

The hardest thing and the thing that immigration

is most picky about is the affidavit of support.

The sponsor in this case must prove...

that they make enough money to support the non-citizen.

Okay.

In order to do that, there is a poverty guidelines that you have to meet.

Now, question.

Is anyone here already married?

Anyone?

Is someone already married?

Yeah.

Is anyone here already married?

Yeah.

I am.

Okay.

Tell me your name.

My name is Liza.

Liza?

L-I-A?

Yeah.

Yeah.

Okay.

Liza.

How long have you been married?

A month.

Okay.

Perfect.

Perfect.

Glad you're here.

Okay.

Is it just you and your spouse?

Yes.

Okay.

Did your spouse make $25,550 last year?

No, he did not.

Okay.

Great.

Most students don't.

Okay.

If that's the case, do you know how much your spouse made last year?

Roughly.

A total income on tax return?

No, I do not.

Okay.

Probably like... Okay.

Fifteen.

Fifteen?

Perfect.

Not bad.

Let's say he made or they made $15,550.

Okay.

So poverty guidelines are $25,550.

Let's say your spouse made $15,550.

Okay.

Difference of $10,000.

If that's the case, you take the $10,000... Excuse me, guys.

Sorry.

You take the $10,000 and you times it by three, which is $30,000.

Right?

Do you...

So if you and your husband have $30,000 worth of assets, bank accounts, 401ks, etc.

I would say no.

Do we?

I don't... No.

No.

He's right next to me that I'm asking.

Okay.

No worries.

Most people don't.

Okay.

Most students don't.

So then what you would need is a joint sponsor.

Okay.

So who in your life would you consider would be willing to be your joint sponsor?

His parents.

Okay.

Okay.

Perfect.

So now let's look at his parents.

How many people in his family have... are on the tax return?

Four.

Four.

Okay.

Perfect.

So then what we'll do is you go back to the poverty guidelines.

Four people.

And then we add you.

Did his parents make $45,725?

Yes.

Okay.

Perfect.

Then they can be your joint sponsor.

Okay.

So yeah.

So what you'll need is for your husband... Okay.

For your spouse to fill out an I-864 form.

It's the affidavit of support.

They have to put their 2023 W-2s, 1099, tax returns, schedules, et cetera.

Okay.

Also include employment letter and or... and I always do pay stubs.

Okay.

They submit all of that.

So your spouse would submit that.

In addition, your in-laws would also attach the same documents.

They would attach a... Let me think real fast.

They would also fill out an I-864 and attach these documents.

And then on top of that, they would give them a copy,

give USCIS a copy of their birth certificate or a U.S.

passport.

Okay.

That's what you have to do for joint sponsor, for affidavit support.

Now, I think one other person said... Let me see who this is.

Let's see here.

Maceo, are you there?

Yeah.

Okay.

So tell me.

Are you... The person you're married to, did they make $25,550?

I...

I'm thinking that I made around $25,000.

Okay.

So let's say you did.

Let's say you made $25,550 and you made it

last year and your current income is the same.

Then you only need to file... You don't need a joint sponsor.

Okay.

Okay.

So your options are friends.

You have either the individual themselves.

Have a...

The individual themselves can meet the poverty guidelines.

Or the individual themselves cannot meet the poverty

guidelines based on their taxes and employment only.

But they have to do it on assets.

Or they need a joint sponsor.

Okay.

And that joint sponsor can also do assets.

So let's take... I'm just going to choose someone.

Benjamin.

So Benjamin here is married.

There's two people in their family.

If Benjamin only... If the U.S.

citizen made $25,550, that's done.

That's all they have to do is fill out the I-864.

But if Benjamin's family didn't, if him and his spouse did not,

and they made $15,550, and that's a difference of $10,000,

then you times that amount by 3, and that's $30,000.

So if Benjamin's family, if Ben and his sponsor made 30,000...

or have $30,000 in assets, they don't need a joint sponsor.

But if they don't, if that is the case, then they go to their joint sponsor.

You take their number of people in their family, plus the sponsor, excuse me,

number of people in their family on a tax return, plus the noncitizen, you take that

amount, and you make sure that the joint sponsor... Excuse me.

Okay.

Makes that amount.

If they make that amount, then they are your joint sponsor.

In that case, then you'll need to have, you'll have to have

an affidavit from the sponsor and from the joint sponsor.

Okay.

So, um, I'm not sure.

Let's take a quick break right here.

I'm seeing people have questions.

Can you just tell me your questions?

It's just hard for me to check chat at the same time.

Okay?

So does anyone have any questions up to this point before I move on?

And so will you just unmute yourself and ask me?

Go ahead.

Omar.

Hello.

Yeah, can you hear me?

Yes.

Go ahead.

Okay, so I've one question regarding the household.

So me and my wife, we have a baby in our way.

So do we have to count household as like, a two or three already?

It's at the time you file.

Great question.

So time you file, right.

So, if your baby is born at the time you file, then it's three.

If your baby is not born at the time you file, so

is she expecting or do you have a baby already?

Expecting.

Okay, then I'd file, like if you're married, I'd file now.

And it's only two.

Okay, all right.

No worries.

Okay, no worries.

Okay, Liziah?

Just to clarify, so with the poverty guideline, it's just my spouse, the U.

S.

citizen has to make that $25,000 or can we count my income as well?

Great question.

It's just your spouse and they have to make it based $25,000 last year based on

tax returns and $25,000, $25,550 this year based on a current employment letter.

Okay, thank you so much.

No worries.

Thank you.

Okay.

Sounds like you guys are in the midst of preparing it.

So that's what I do the free consults on.

If you have questions, I don't review your forms, but

you can always ask me questions in your consultation.

Okay.

Just so you know.

Okay.

Anyone else?

All right.

So let's move on.

Let's see.

I've gone through that.

Saved support.

Gone through that.

Okay.

Joint documents.

This is huge for the government.

They want to make sure you're really married.

Okay.

And this is how they figure it out.

They have... You have to have documents in both of your names.

Tax return, rental agreement, bank statements, credit cards, utilities,

joint health insurance, all of this.

So from the time you guys get married until the time if you're wanting to file

for citizenship based on marriage to a U .S.

citizen, throughout that entire time, you need to

make sure that both of you are on all documents.

Okay.

So you want to have joint documents.

Okay.

Okay.

So again, forms, civil documents, additional documents, medical exam,

affidavit support, bona fide documents.

Okay.

Then, before you file... Oh, sorry.

Can I make a question really fast?

Sure.

Probably you're going to respond right now.

When can we file after we get married?

Day after.

So as long as we get our... As long as you have your marriage certificate.

And that's an excellent question.

I'm glad you asked that.

People always ask that.

You know, I get that often.

But I always ask when should you file?

You should file as soon as you're married.

And here's the reason why.

Some people are like, I'm in a wait, I'm on my OPT, I'm on my F1, I already

have work authorization, I don't need to do this.

The one thing that I always mention to people

is that if you have a child, that child's a U.S.

citizen, if you have a dog, that dog lives in the U.S., okay?

If you have a house, that house is in the U.S.

If your spouse does not file for you, and you don't have

any other immigration status... You have to go home.

That child, the dog, the house are in the U.S.

It is in your best interest to become a permanent resident.

It's not in the citizens.

The citizens are citizens, right?

They're not going to go anywhere.

But for you, I have seen situations, I've done this for 30 years, where

divorces happen, people refuse to file for other people, they use it, they hold the

other person hostage because of it, people pass away, and if you don't have

something to protect yourself, the non-citizen is at risk.

So when can you file?

I prepare documents for clients all the time.

I wait till the day they get married.

They send me a scanned copy of their marriage certificate.

It's in the mail.

And it's because it's to protect you.

Does that make sense?

Yes, yes.

Thank you so much.

And are we okay to start getting some paperwork and all that stuff?

Absolutely, absolutely.

Can you just show us the previous slide?

Which one?

Yes, that one.

We just want to read it really fast.

Sorry.

And I'm going to give you, just so you know, when I send you an email,

you'll have a document I use, I give to people.

Okay, thank you so much.

Yeah, no worries.

Happy to help you.

Okay.

All right.

So let me keep going here.

Okay.

So before you file, okay, make sure you have the current form additions,

your password photos, make sure they have a white background, no digital signatures,

you have to have white signatures, you have to make sure your medical is included.

I find that interviews are waived if you already have your medical done.

Okay.

And then also, what I do is I double hope on the top of my packets.

I include separate, you have to have separate filing fees.

I keep a copy of my final application, and I send everything by FedEx or UPS.

Once you get your green card, or excuse me, once you

file, you can check your processing times on the website.

You should set up a My USCIS account.

You need to notify USCIS if you move, and you

should continue getting more joint documents.

And so how it works is you file, you get receipt notices, your biometric notice.

If they want more documents, they'll ask for a request for evidence.

You file for travel.

You may get work, travel, and then maybe an interview.

Or they may just mail you out your green card.

Okay.

This is what you need for your interview.

If you are going to be interviewed, you need to dress up, tell the truth,

make sure you review all your documents, and then bring your documents,

I mean, bring documents to continue proving that your marriage is legitimate.

Okay.

The day you get your green card, if you've been married

less than two years, you will get a two-year green card.

If you've been married more than two years, you will get a ten-year green card.

What you need to do is if you get a two-year green card before the end,

90 days before the end of the two year period.

Sorry I was not feeling great.

90 days before the end of the two year period, you

have to file an I-751 for a 10 year green card.

Alright, guys.

So don't file an I-90.

You'll have to file an I-751.

Okay.

Okay.

And then again, you have to give more joint documents.

Okay.

Now, depending, regardless if you get a 10 year green card or a two year green card,

take a look at your green card.

There's going to be a first date, the date it was issued.

Okay.

Three years from that date, regardless if you get a two year

green card or a 10 year green card, you can file for citizenship.

You cannot, however, go from a two year green card and not

file for a 10 year green card and file for citizenship.

You must file for a 10 year green card.

And then, here are some pitfalls if you've worked illegally,

worked without authorization, claimed to be a U.S.

citizen, committed a crime, can't find a joint sponsor, you can't prove you're a

bona fide marriage, you definitely need to talk to an attorney.

Some of you may have heard about the president's keeping families together.

Right now, basically this applies to anyone whose

spouse illegally entered the country without inspection.

If they're E.W.I.

and entered without inspection, they can file for a green card.

However, right now, they're accepting applications, but they're not approving cases.

So, there's that.

That in mind, fiancé.

Fiancé visas are for people who are outside the U.S.

So, if you're a U.S.

citizen and you want to file for someone outside the

U.S., the fiancé visa is the one you want to file for.

You must have seen the person in the last two years, get married with them.

Get married with them within 90 days after

their entry, and then file for a green card.

Okay?

So, and then remember, USCIS monitors your social media, electronic devices,

they're able to look at those.

Just be very careful in your social media sites.

Don't post anything that makes the government

suspect whether or not your marriage is legitimate.

And they will check.

Let me tell you, I had a client where they weren't sure if my client was...

weren't sure if my client...

had a legitimate marriage.

So, what they did is they went and looked at their travel record.

And they noticed my clients had gone on trips with other people.

And they said... and they also looked in their social

media and said, wait a minute, who's this other person?

Is that really your spouse?

So, know that they will investigate.

They could come knocking on someone's door.

They could go ask your manager if you really live there.

All of that.

Okay?

They are very suspicious there.

Okay.

That in mind, I will answer any questions.

One last time, if you want to see me, please fill out that link.

And so... and I'd be happy to meet with you.

And then, if you'll raise your hand, I'll answer... Lauren, hello again.

I'll answer any last questions and then we are done, my friends.

Go ahead, Lauren.

Hi again.

Hi.

I just have a quick question first about RFEs.

Would you ever recommend... there's like a way you can respond to them online.

Would you recommend doing that or by mail?

Oh, no.

Heaven, no.

You can't respond for an adjustment of status.

Because you're filing everything on... you're filing everything as a paper copy.

Everything is a paper copy together.

You don't... some people file the I-130 separately.

I file everything together so they stay together.

Okay.

Sorry.

I just meant for like RFEs.

No, RFEs are related... your RFE is related to an application.

So what application did you get an RFE on?

The 485.

You filed your I-485 online?

Or did you... No.

Okay.

I wouldn't... you did.

No.

Sorry.

Did you attach it to your case?

How did that work?

No.

Like I sent it all in by mail.

But then I got a request for evidence by mail.

But then on my USJS online account, it says that

you can respond with your evidence on there.

Okay.

Well, I mean, if it says you can do it, what are they asking for though?

Just the PDFs.

Okay.

So, I mean, if they're asking that, yeah.

Upload.

Okay.

Awesome.

And then, sorry, one more question.

I kind of asked it yesterday, but I'm still a little bit confused.

Sure.

Just with the work approval, like I already have it, but you said not to use it.

So like my F-1 will expire in December.

At that point, can I use my work approval or

do I need to renew my F-1 and then do OPT?

So for me, I mean, are you saying... when do you graduate, Lauren?

I graduate in December.

Okay.

For me, I apply for OPT and I stay in my F-1

route, but not everyone agrees with that.

And some people work on their OPT.

I mean, work on their family base.

It's whatever you decide.

I tend to be very cautious.

Okay.

But it's because I'm on the other side of it when people come and their marriages

don't work out and their spouse refuses to come to the interview, now we're stuck.

So... Okay.

Is that like, sorry, is that like the main

reason you would say not to work on your F-1?

Yes, because it's considered a technical violation and they could terminate your F-1.

Okay.

Gotcha.

Thank you.

No worries.

Thanks.

Priyal?

Hi.

Hi.

I wanted to ask if you have like some kind of email chain where

like we are notified about your like future seminars and stuff?

No, I'm so bad at that.

Okay.

And usually what school do you go to?

Oh, I go to Drexel.

Drexel.

Hey, how'd you get from Drexel?

How'd you get me from Drexel?

I just like got some news through some friends.

Oh, that's funny.

Hi, my daughter just graduated from Drexel.

So congratulations.

So, um, so no, I don't.

Sometimes I post in my website, Bueller Thomas Law.

You know, I'm terrible at this.

I'm really bad at this.

Usually the schools just send out notice.

Right.

So, yes.

And I do it, if it helps, I do it twice a year.

I do it January, or excuse me, September, October,

January, September, and then usually February.

I understand.

Can I ask one more question?

Sure.

All right.

So, like, when, like, for a student like me, I did my bachelor's in electrical and

computer engineering, and I'm doing my PhD in electrical engineering.

But most of my work is, like, kind of in the computer science area.

And my past experience was also, like, software engineering or,

like, data related.

So, in this sense, like, would it be difficult to prove that I am, like,

still working in an area that's related to my field?

That might be hard, Priyo.

That might be hard.

Yeah, that might be hard.

Yeah.

That might be hard.

It depends on what job, you know, what job you're applying for.

Because if you're trying to be a software engineer, I think you'll get a request for

evidence because your degree is in electrical and electronic engineering.

I don't think they'll find that related.

Right.

It's mostly, like, working with data, but my past experience has been,

like, software engineering and working with data and simulation stuff.

Yeah, I would just, you know, you're going to either

have to do the three-for-one rule for bachelor's.

I think you're going to have a hard time.

No, the problem with yours, my friend, Priyo, is that

I only give free consults to people that are in Utah.

So, if you message me, I generally charge $175 for half an hour.

I will discount it for you and we can discuss your case.

But, yeah, so if you want to.

You've got to find an attorney closer to Philly.

Because they're going to apply at the...

You know, it's probably closer to Philly because they're going to apply at the...

I mean, everyone files at the same place.

It's going to end up going to... Oh, gosh, where am I?

Is it Lincoln?

I can't remember where it's going to go.

Or Vermont?

So, I'd probably talk to an attorney near you because

they'll know how it's processed on the East Coast.

All right.

I understand.

Thank you.

All right.

Thanks, Priyo.

Okay.

René?

Hi.

I had a couple of questions, too.

So, the I-751, when you're converting the two-year green

card, when you get it to a 10-year, what would be... Yeah.

Can you give me some examples of, like, the documents proving bona fide merits?

Like, what would that be?

Your rental agreements, life insurance, health insurance, car insurance,

designation on wills, bank accounts, credit card statements, all of that.

Okay.

And then the two or more notarized affidavits?

Well, what is that?

It's just proof that they know you, that they've seen that you guys are married.

They've come out to Yamcha with you, that you've hung out with them, all of that.

Okay.

And then just one more question.

Sure.

I'm doing the I-765, and it's from my wife.

My wife is the one that's... I'm the citizen.

And she already has a Social Security number,

and so it says, like, you can provide that.

But then the next question says, do you want the Social Security?

No, you don't want.

Okay.

No, you don't want.

And then the other thing is, the code for that is C9.

Make sure you put the right code.

C9.

Okay.

All right.

And then, sorry, one more question.

Sure.

We already, like, submitted all the forms,

but I didn't submit, like, it's the G1 for...

Five?

In the beginning.

Yeah.

Okay.

You're okay.

Would that affect it?

No.

But why are you submitting work now?

Oh, it's because we spoke before, but it got denied because I put the wrong code.

So that's... Oh, that's it.

Okay.

Yeah.

Yeah.

That's the only one we're doing.

So make sure that you... Everything else we submitted.

Yeah.

Make sure you give a copy of the receipt notice.

Okay.

When did you file before?

When did you file?

April.

When did you...

After April 1?

Yes.

Okay.

Then you'll have to pay the 260.

Yeah.

Yeah.

Yeah.

Okay.

Okay.

So the G1 for that, we don't have to worry about that or should I...

No, you're okay.

Okay.

All right.

Thank you so much.

Thank you.

Bye-bye.

Danielle?

Sorry.

Hello.

Hi.

Hi.

What can I help you with?

Okay.

So I have a few questions.

Hello.

Okay.

Cool.

So me and my partner have been dating for about 10 months and are planning to get

married at the very beginning of the next year.

Okay.

So we're planning on merging our bank account probably within the next month or two.

We have showings on our social medias of our previous trips.

Do you think if we did something like that, would it be counted as a legit marriage?

Yeah.

I mean, you don't need more than that, but yes.

I mean, you get married, you get married and they're going

to look... but what they look at is your joint documents.

I did one just today where I responded to something.

Yeah.

I mean, the fact you had it before is great, but they're

going to look at the day you were married and moving forward.

Okay.

So yeah, just file and then they'll probably send

you a request for evidence for more joint documents.

But yes.

Quick question.

What if like after getting married, we can't

live together due to like work or things?

Oh.

Hell, you better live together or have a really good reason why you don't.

Okay.

I mean, I would definitely, if you're in Utah, find a free consult.

But yes.

That is a very hard case.

I do those cases all the time, but you have a really good

reason because if not, they'll think it's marriage fraud.

Okay.

Is work and school a good reason or is it not enough?

Depends.

Where do you both work and go to school?

So I might, I might go, I'm going to move to another state after graduation this

December, but my partner needs to stay here

for like another two, three years of college.

No, no.

That you're going to get denied.

Hands up.

Do not do that.

Then we're going to tell me right.

Come in with me.

That will work.

You're going to have a, I mean, it could work.

There are times where you, man, you're going to have to really document.

Okay.

Okay.

Thank you.

Really document.

Yeah.

Come, come.

I mean, if you, are you a student at one of my schools?

I, I'm from BYU.

Okay.

Just sign up to see me.

I'm happy to talk to you.

Okay.

All right.

Thanks.

About OPT.

So my OPT, I have, I, okay, sorry.

So.

I don't deal with OPT.

Sorry.

You'll have to check with the school and OPT.

Okay.

So what was my OPT?

And if my, if our document hasn't come, like if, if the, so, and then,

because we're planning to file the documents in January,

but then my OPT will probably expire like in March.

Do you have a STEM major?

I do.

I, I, I.

Do you need an extension?

The only thing is like, I worry that I can't find a job before a, before.

So if I don't find a job, find a job, find a job and do your STEM extension.

Okay.

Do your STEM extension.

But if I don't find it, well, after, after the three months of the grace

period, well, my, well, my, my status exists terminated from school then,

well, but, but then we already submit our documents for the green card.

And if it's not there, we can still not work.

Can we?

Correct.

You cannot work.

So we get work authorization.

Okay.

Yeah.

That's why if you apply for the STEM extension, you can continue to work.

I mean, if you, you just said you're moving out of

state for a job, so you need to, does that make sense?

Like, does that make sense?

So again, come in with me just cause your, your question is more specific,

but that's okay.

Okay.

All right.

Thanks.

You bet.

No worries.

Travis.

Hi.

So I'm currently a finance student, senior graduating in the spring at Utah Tech.

Okay.

So I have a great job opportunity.

I'm currently engaged.

We're getting married August 23rd of 2025.

Okay.

Right.

So, so it's a ways out, but I'll be on my OPT for a year after that.

When should I apply to get the green card?

Immediately.

Your problem is, I don't know because I don't know what the timeframe is right there.

But realize if it was today, work authorization takes six and a half months to get.

Okay.

Okay.

So you want to have work authorization before your OPT expires.

Right.

So I mean, that's your issue there is, I don't know.

Come back to see me in February, because I don't know what the timeline is.

I would say, you know, if you're getting married in August, file right away,

because you're saying the next August is when your OPT expires, right?

Yes.

Okay, I file right away in case there was a time here

that work authorization was taking nine to 10 months.

Okay, because I believe my, I believe it's August 1st of 2026 that my OPT expires.

So if I get married August 23rd, the next like

literally the next day, should I look into applying?

Yeah, but realize though, that it's not it could take

longer, and then you kind of mess yourself up, right?

Because then you can't work.

So I don't know how long it's going to take.

So just the sooner you get married, the better.

And the sooner you file, the better.

Okay?

Okay, thank you.

All right.

Thanks, Chavez.

Okay, Jose?

Hi, hello, Kim.

Hi there.

So I have a question.

Is there an age limit or something for my mother to sponsor me?

No, but you have to be under the age of 21.

If it's an immediate relative, or if your mother, are you married or unmarried?

No, no, I'm single.

I'm in my 30s.

And my mother is in her 60s.

I don't even know what that is.

And where are you right now?

Are you in a school?

Yeah, I go to school.

Okay, I would say don't count in your mom's application.

It's going to take way too long.

Okay.

And what about my brother?

13 years.

Your brother will take 13 years.

And your mother will take, they're that far out.

If you look at the visa bulletin, I'm looking real fast.

The visa bulletin, and guys, it's 756.

So I've got, if you, anyone wants to put their hands last

minute up, I have my wonderful paralegal that needs to go home.

It is, then I'm just going to finish up here.

Okay, so you're welcome.

For family based, let me find family here.

So right now, for brothers and sisters, okay, right now, if your family sponsors

you, for your mom, they're processing

applications, she a citizen or permanent resident?

She's permanent resident, but she's going to be a US citizen.

Yeah, they're processing applications received January 1.

It's not processing, they're giving green cards for those who file.

January 1.

And then your brother, they're giving green cards.

I mean, they're issuing green cards to those who filed March 1, March 8, 2001.

That makes sense.

It's gonna be a while.

Okay, so I wouldn't go through them.

Okay.

Okay.

All right.

Okay.

Next question.

Let's see.

Who else do I have?

So Jose, okay, here's what I have.

I have Haobin, Seng, or Seng Hwan.

Why, I think, do you, why, do you still have him?

I have Haobin and then Vanessa, and then we're done.

So Jose, we're done.

Go ahead, ma'am.

It's your turn.

Oh, is it my turn?

Hi.

Yes, please.

Oh, yeah, I just, it was kind of like a similar question with the, the previous guy.

It's just that I have a sister.

She has a dual citizenship.

So she has like American citizenship as well.

So I know it's like different topic with like the marriage stuff.

But I was wondering is, is that like, I don't know, is there a way for that?

Or is that like... It just takes forever.

You'd have to leave the country.

Does that make sense?

Yeah, that's the thing.

It's totally different.

For hers, it's, you filed I-130.

And, and my friend, it could change, everything can change in so long from now.

Do you know what I mean?

Like, I can't even tell you what it's going to be like in 13 years.

But it is different.

It's totally different than this.

Yeah, it's totally different.

Because you're going to file your I-130 first.

Let me see if I can give you the link here.

You're going to file your I-130 first.

And then after you file your I-130, and it gets approved,

and in 13 years from now, you're going to do this step.

And I'm just going to put this in my chat.

And so this is the next step.

And then after you file your I-130, you're going to do this step.

And I'm just going to put this in my chat.

And so this is the next step.

And then after you file your I-130, This is the next step for family members, okay?

But I would find another realm.

Okay, perfect.

Thank you.

You bet.

Take care.

All right, Sanjuan?

Hello.

Hi there.

Yeah, I'm going to graduate next year, maybe.

And after I graduate, I'm going to marry my girlfriend.

And just in case, do I have to leave the U .S.

if I can't get a job after I graduate in a month or two months?

So what month are you getting married and what month are you graduating?

Maybe next summer or next semester.

I'm not sure, but yeah, next year.

So when do you graduate?

I'm sorry, when do you graduate?

Next... let's see...

Let me answer this.

Next December?

Yeah, next December.

And when do you... December 26?

Yeah.

To 25, I'm sorry.

And then when do you plan on getting married?

Right after the graduation.

Okay, so just apply for your OPT.

You don't have to leave the country.

Apply for OPT and then file for a green card.

So even if I apply for the OPT, if I can't get a job, is it possible to

stay or do I have to leave until I get a green card?

I'm sure you can get a job, okay?

Your parents would much rather get a job after spending all this money.

Talk to your international officer because you can also

start your own business for some amount of time or volunteer.

So I would ask them to stay in status.

Don't give up.

And then file for your marriage as soon as you can.

Okay, sounds good.

Thank you so much.

All right.

Thanks.

Take care.

Bye-bye.

Weya, do you have another question?

Yes, sorry.

I have a couple of questions, but I'm going to try to be fast.

My first question is, we just got engaged in August, but

for logistics, we just decided to allow for November.

Does that going to affect our application?

Are they going to think that we're getting married too fast?

No.

Okay.

No.

No.

Okay.

But you have to have joint documents, right?

You have to have joint documents.

Yes.

You have to prove your marriage is legitimate.

Yes.

Yeah.

Okay.

My second question was with that.

So we want to start joining our bank accounts, but since I'm an international

student, I do not have a social security number.

I do not have an 18.

Once you apply for work authorization, you will get your work authorization card.

And that card, you can go and get your social.

And does that work authorization comes when I apply with the marriage visa as well?

Yes.

Okay.

But here's my question.

Why don't you get a job on campus now?

I just can't find one right now.

Girlfriend, there's jobs everywhere.

Go do custodial.

We all did it.

Yes.

Yeah.

I'm having 15 credits, and it's a little bit hard.

It's my first semester, so I'm trying to get used to.

Sure.

But I am thinking about it.

Okay.

All right.

Okay.

And then my other question was... Oh, I kind of forgot.

Oh, yeah.

Once we filed, are they going to give us like a letter that they

say that they are reviewing our case or something like that?

Yes.

You'll get receipt notice.

Yes, you will get receipt notice.

And how long does that take?

To get the receipt notice?

Usually a couple weeks.

Okay, perfect.

Yeah, couple weeks.

Do you have another question?

Okay, I think...

Happy elopement.

Happy elopement.

Oh, thank you.

Think about your mom.

If you were my child and you eloped, I would not be happy.

So think about your mom.

I know, but my mom doesn't have a pizza.

Yeah, but don't elope.

Then just be like have her be online or something.

But okay, talk to you soon.

We are.

We're going to do it soon.

Something like that.

Okay.

Okay.

All right.

Thanks.

Can I just see your presentation, like your

card with your phone or your name or something?

Yeah, it's... let me see.

If you will... Becca, do you want to give it to her?

But did you sign up for the free consult?

I did.

I did.

Okay, you'll get it then.

Okay, perfect.

Okay.

Thanks, gal.

Congrats.

Okay, bye Vanessa.

I mean, go ahead, Vanessa.

Vanessa, it's you.

And then...

Belen, you got to be my final one, ma'am.

I got to go to home.

Okay, sounds good.

Thank you so much.

Okay, Vanessa, go.

Yeah, I just recently got engaged.

My fiance, he's a citizenship.

So my question is that we are planning on getting married

in on April, but we want to do something in my country.

Don't do it.

Okay.

That was my question.

It's too risky.

I'm sorry.

It's too risky.

The government may think that you...

Because you have a non... Non-immigrant intent when you're on a student visa.

The minute you marry a citizen...

Excuse me?

Yeah, but you have a non-immigrant intent.

Student visas, people were supposed to come in, go to school and go home, right?

When you marry a citizen, they think that you don't want to go home anymore.

You want to become a resident, right?

Okay.

Yeah.

And so they may deny you.

So I say don't do that.

Stay here, get married, file for travel authorization, and then go home.

Okay.

But don't... Okay.

Don't get married now.

That's my... That's what I tell people.

Okay.

Yeah, sounds good.

Thank you so much.

Okay.

Thanks, Vanessa.

Okay, Belen.

You're my last one.

Hi, can you hear me?

Yes, I can.

How much before applying for the green card do we need to

be sharing accounts and like all the important documents?

Well, I mean, you should start... Are you married already?

I'm not married yet.

Okay.

So I always help you.

I mean... If they're going to ask for it, does that make sense?

You have to have something when you file.

A lease agreement, something that shows you're really married.

If you look at the I-130 rules, they're going to require something.

Then you can, you know, collect things and then they'll

ask you again before your interview if you need more.

So let's say... Let's say I'm going to get married next year.

It's like would be...

Should I need to start sharing accounts right now or...

No, no, just wait to get married.

Yep.

Wait till you're married.

So I'm going to send my husband some...

paperwork.

But yeah, just wait till after you get married.

Once and last question.

Once I get the green card, could I travel home or when I make... I, yeah.

Yeah, apply for travel authorization.

Once you get travel authorization, you can travel back home.

So... Does that makes sense?

I apply for the green card, but I am still waiting for the approval.

Can I travel?

Okay.

Can I... No, no, no.

No, no.

Have you applied already?

No, no.

Okay.

When you apply, you apply for travel authorization.

You can't leave.

Until you get that permission to travel.

Okay.

Yes.

Thank you.

Thank you so much.

You guys, you're fantastic.

Thanks for spending the day with us.

I will send you an email.

Just give me like a couple days to get that out.

Alright?

Thanks everyone.

Have a great night.

Thank you.

You bet.

Take care.

Good night.