Other Common Visa Types and Descriptions

OPT is temporary employment authorization allowing F-1 students the opportunity to gain practical experience in their field of study. Immigration regulations require that Optional Practical Training be used by students for employment related to the student’s field of study, usually after completion of all degree requirements have been met.

In order for a student to begin OPT employment they are required to have an EAD Card (Employment Authorization Document issued by USCIS), apply for or have a Social Security Card and must be employed for a minimum of 20 hours per week. Please ensure that you are not anticipating or expecting OPT students to work outside of the authorized dates. OPT is granted for full-time employment regardless of part- or full-time employment.

Post-Completion OPT is the most common type of OPT application. Any pre-completion OPT is deducted from the 12-months of post-completion OPT. Authorization is granted for one 12-month period of OPT at the completion of each academic level obtained (e.g. 12-months of OPT at the undergraduate level, masters, and Ph.D.). Any student who applied and was approved for OPT at one academic level may not apply for a second period of OPT at the same level. Students in approved STEM (Science, Technology, Engineering and Math) disciplines are eligible to apply for 24 month extensions.

Who is Eligible?

North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the United States (U.S.), Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional

How can professionals from Mexico and Canada work in the U.S.?

Professionals of Canada or Mexico may work in the U.S. under the following conditions:

• Profession is on the NAFTA list

• Applicant is a citizen of Canada or Mexico;

The O-1 nonimmigrant visa classification is for foreign nationals who possess extraordinary ability in the sciences, arts, education, business, or athletics. The beneficiary of the petition must be recognized nationally or internationally for those outstanding achievements and seek to come to the U.S. temporarily to work in that area of extraordinary achievement. The O-1 nonimmigrant visa classification is intended to be applicable to only a small percentage of individuals who have risen to the very top of their academic and/or professional field.

The initial O-1 can be requested for up to 3 years of employment authorization in the U.S. and the application process is quite extensive.

Eligibility Criteria:

The documentation necessary to support an O-1A petition may consist of evidence of the beneficiary’s receipt of a major, internationally-recognized award, such as the Nobel Prize, or evidence of at least three of the following criteria: (any documentation not in English should be provided with a translation).

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Membership in an association in the beneficiary’s field of endeavor which requires outstanding achievements, as judged by recognized national or international experts in the field.
• Published material in professional or major trade publications, newspaper or other major media written by others about the beneficiary’s work in his or her field
• Evidence of original scientific, scholarly, or business-related contributions of the beneficiary to the field of endeavor
• Authorship of scholarly articles in professional journals or other major media in the field books or articles in the academic field
• A high salary or other remuneration for services as compared to other similarly employed/situated as evidenced by contracts and other reliable evidence (such as the CUPA survey or OES-ACWIA data).
• Evidence of his/her participation as a judge of work of others in the beneficiary’s field or allied field such as on a panel, or individually.
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.