This presentation delves into visa options for international students after graduating Visa Presentation from Elektra Yao, Esq

1. INTERNATIONAL STUDENTS
WHAT ARE MY VISA OPTIONS
AFTER GRADUATION?

2. ARTISTIC BACKGROUND
• MMC Graduate, majored in Communications with
a focus on Video Production.
• Wrote, directed, and produced 2 documentaries
which were bought and are included in MMC’s
Shanahan Library: Nigga What? and The Choking
Game. Documentaries were screened in Austin,
TX and NY, NY.
• Wrote for the The Monitor.
• Active Member of International Student’s Clubs,
Women’s Club, Black Student Association.
• Performed at La MaMa E.T.C, Theatre For the New
City, Florence Gould Hall, Atlantic Theatre
Company.
• Video Production Experience at MTV, The Style
Network, Nickelodeon, and various
independent/student films.

3. PROFESSIONAL BACKGROUND
• Winner of the Super Lawyers award in 2019, 2020, and 2021. This
award is bestowed only on 2.5% in the NYC Metro Area.
• Featured in major press such as: ILW.com, lawyerminds.com, ny-
artnews.com, the Hollywood Digest.
• Represents Broadway Performers, World Renowned Models and
Photographers, Marketing/PR Specialists, Teachers, and more.
• Member of The American Immigration Lawyers Association, Black
Entertainment and Sports Lawyer Association, and The New York
City Bar Association, and Volunteer Lawyer for the Arts where is
she is a member of several committees.

4. COMMON MISTAKES DURING OPT
• Not Working Enough;
• Not Networking Enough;
• Not Updating SEVIS;
• Waiting too late to explore visa options;
• Working outside the area of study;
• Not traveling with the appropriate documents.

5. VISA OPTIONS
TN Visa: Based on the NAFTA Agreement and only for Canadian and Mexico nationals. Requirements:
Applicant is a citizen of Canada or Mexico; Profession is on the NAFTA list and requires a NAFTA
professional; Applicant will work in a prearranged full-time or part-time job for an employer; Applicant
has the qualifications, meeting the specific requirements, education, and/or experience, of the
profession. Lasts 3 years.
I Visa: Representatives of Foreign Media (press, radio, film, or other foreign information media)
Requirements: Represent a foreign information media outlet (press, radio, film, or other foreign
information media); Are coming to the United States to engage solely in this profession; and; Have a
home office in a foreign country. Lasts as long as you work for the media company.
E3: For Australia Nationals. Requirements: Are a national of Australia; Have a legitimate offer of
employment in the United States; Possess the necessary academic or other qualifying credentials; Will
fill a position that qualifies as a specialty occupation. Lasts 2 years.
E2: Investor Visa. Requirements: Be a national of a country with which the United States maintains a
treaty of commerce and navigation; Have invested, or be actively in the process of investing, a
substantial amount of capital in a bona fide enterprise in the United States; Be seeking to enter the
United States solely to develop and direct the investment enterprise (at least 50% ownership or
possession of operational control). Lasts 2 years.

6. GREEN CARD OPTIONS
Diversity Visa
“Green Card
Lottery”
Marriage Based
Green Card:
Marriage to a US
Citizen or LPR.
Must be a ”bona
fide” marriage.
Employment
Based Green Card:
Can self petition or
be petitioned by a
company.

7. O-1VISA
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the
sciences, arts, education, business, or athletics, or who has a demonstrated record of
extraordinary achievement in the motion picture or television industry and has been
recognized nationally or internationally for those achievements.
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by
sustained national or international acclaim and must be coming temporarily to the United
States to continue work in the area of extraordinary ability.
The O nonimmigrant classification is commonly referred to as:
• O-1A: individuals with an extraordinary ability in the sciences, education, business,
or athletics (not including the arts, motion pictures or television industry).
• O-1B or “The Artist Visa”: individuals with an extraordinary ability in the arts or
extraordinary achievement in motion picture or television industry.

8. O-1A VISA
Real World: very categorical;
Business, Teacher
USCIS World: more conceptual and very
broad
University Professor; Pre-School Teacher;
Global Financial Strategist; Veterinarian;
Translator; Art Appraiser; PR, Business
Writer; Marketing; Start-up CEO,
Advisor; Real Estate Professional; AND
MORE

9. O-1B “ARTIST VISA”
What is an Artist?
Real World: very categorical
Painter, Singer, Dancer, Performer, etc.
USCIS World: more conceptual and very broad
Chef, Marketing Expert, Production Coordinator, Architectural Designer; Architect; PR; Art
Director; Variety Entertainer/Drag; Translator/Editor/Writer; Video Artist/Videographer;
Photographer; Photojournalist; Voice-over Artist; Radio & TV Announcer; Decorative Artists;
Curator; Gallerist; Art Liaison; Painter/Sculptor/Installation/Multimedia Artist; Stage
Manager; Lighting/Sound; Designer; Set Designer; Graphic Designer; Motion Graphic
Designer; Animation Artist; Illustrator; Furniture Designer; Industrial/Product Designer;
Jewelry Designer; Musician/Composer/Songwriter; DJ/Producer; Fashion/Costume Designer;
Fashion Stylist; Hair/Make-Up/Nail Artist; Model; Journalist; AND MORE

10. BENEFITS OF THE O-1 VISA
• Work For Multiple Employers;
• Salary doesn’t need to be very high;
• Can be renewed indefinitely;
• No Annual Cap of Visa Issuance;
• Applies to more types of work than other visa types;
• Can eventually “self-petition” for a green card;
• No LCA Requirement;
• Fees can be paid by beneficiary, petitioner, or anyone else;
• Can begin working upon approval.

11. DRAWBACKS OF THE O-1 VISA
• Lack of Job Stability;
• High Legal Standard;
• Strong Evidentiary
Requirements;
• Dependents of O-1 visa
• Holders Cannot Work.

12. H-1B VISA
The H-1B program allows companies in the
United States to temporarily employ
foreign workers in occupations that require
the theoretical and practical application of
a body of highly specialized knowledge and
a bachelor’s degree or higher in the
specific specialty, or its equivalent.
H-1B specialty occupations may include
fields such as science, engineering and
information technology.

13. WHAT TYPE OF EMPLOYMENT IS CONSIDERED TO
BE A SPECIALTY OCCUPATION?
The job must meet one of the following criteria to qualify as a specialty occupation:
• Bachelor’s or higher degree or its equivalent is normally the minimum entry
requirement for the position;
• The degree requirement for the job is common to the industry or the job is so
complex or unique that it can be performed only by an individual with a degree;
• The employer normally requires a degree or its equivalent professional experience
for the position;
• The nature of the specific duties is so specialized and complex that the knowledge
required to perform the duties is usually associated with the attainment of a
bachelor’s or higher degree.

14. BENEFITS OF THE H-1B
• Low Legal Standard;
• Low Evidentiary Standard;
• Job Stability;
• Higher Wage;
• Certain Dependents can work
(if an I-140 application has
been approved for the H-1B
Holder or the H-1B holder is
exempt from the 6 year rule).

15. DRAWBACKS OF THE H-1B
• LCA Application (takes 5-7 business days);
• Petitioner/Employer must pay for the application;
• One Employer;
• Subject to annual numerical cap of 65,000 each fiscal year;
• Can only begin working after October 1;
• Can be extended, but cannot go beyond six years (NB, there are
exceptions);
• Lottery Based Visa, with only a 33% chance of being selected;
• Site visits

16. CONCLUSION
CV: Develop your CV as
much as possible during
your F-1 status (unpaid
work) and your OPT (paid,
unpaid work, must update
SEVIS)
NETWORKING: Develop
Strong Relationships with
Experts in your field.
SAVE EVERYTHING:
Emails, playbills,
programs, works in
progress, thank you
notes, AUTOCAD
Designs, offer letters,
press
PRESS/PUBLICATIONS:
Start Writing about your
field in blogs, newspapers,
online platforms. Have
journalists write about you
and your expertise (blogs,
websites, newspapers)

17. CONTACT
Yao Law Group
1270 Broadway, Ste. 407
New York, NY 10034
Office/Text/WhatsApp:
+1 646 490 8808
Elektra@yaolawgroup.com
www.yaolawgroup.com
Yao Law Group
Yao Law Group
Yao Law Group
ElektraEsq
Yao Law Group