Status | Requirements | Employer Action |
F-1 CPT | Work experience required as part of graduation requirement | NONE – Student Obtains Documentation |
F-1 OPT | Available to foreign national students who complete degree program (12 months of training) | NONE – Student Obtains Documentation |
F-1 STEM | Foreign national students who earn a STEM degree are eligible to apply for an additional 24-month extension of their OPT for continued on-the-job training.
|
Employer must complete a Training Plan with the student and agree to certain conditions of employment. STEM Extension petition must be filed with the USCIS before OPT EAD card expires.
|
J-1 Trainee | Available to foreign nationals who will participate in training program. On the job training is acceptable. | Employer makes application with J-1 Program Sponsor. Upon approval FN applies for visa at U.S. Consulate. |
H-1B | Available when position offered requires a Bachelor’s degree and Foreign National holds Bachelor’s degree or equivalent | Employer makes application with USCIS |
E-3 | Australian Citizens Only – Available when position offered requires a Bachelor’s degree and Foreign National holds Bachelor’s degree or equivalent | Employer’s petition is filed directly at a U.S. Consulate or Embassy located outside of the U.S.
If the candidate is legally in the U.S. at the time of the application, the employer may file the E-3 petition with the USCIS Service Center. |
TN | Canadian & Mexican Citizens Only—Available when position offered is listed on Schedule 2 and Foreign National holds credentials listed on Schedule 2 | Canadian citizen makes application with employer provided petition package at a U.S. port of entry.
Mexican citizen makes application with employer provided petition package at a U.S. Consulate or Embassy located outside of the U.S. Employer also has the option to make application with the USCIS regional service center. |
L-2, E-1 & E-2 Spouses | Incident to Status | The spouse has automatic employment authorization incident to status with the proper notation of the Form I-94 Admission Record. |