L-1 Status Scholarship Rights
Foreign workers coming to America under a temporary work visa can take advantage of the educational rights afforded them under their visa status to attend American educational institutions. Although scholarship opportunities are limited, L-1 status temporary workers have fewer limitations for finding need-based aid compared to immigrants attending school on a foreign student visa. L-1 visa status is limited to specialized workers who cannot be replaced by U.S. residents.
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Temporary Worker Visas
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Temporary worker visa status is available to foreign workers who file the proper documentation with the U.S. Bureau of Citizenship and Immigration Services (USCIS). The correct form to file is Form I-129, Petition for Nonimmigrant Workers. L-1 temporary worker status is limited to executives or staff with specialized knowledge who have worked for one continuous year within the previous three years in a similar role with the same organization. Other forms of temporary worker visas include H-1B, Temporary Worker in a Specialty Occupation; O-1, Person of Extraordinary Ability; and P-1, Internationally Recognized Athlete or Entertainment Group.
Foreign Scholarship Rights
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Most financial aid for colleges and universities comes from public funding sources; eligibility for these awards is typically limited to U.S. citizens or documented immigrants. Some private institutions and scholarship organizations, however, make funds available to foreign students residing in America on immigrant visas. Many of these scholarships are merit-based and typically range in amount from $500 to $2,000. Sometimes private foundations requiring a Social Security number for identification purposes will accept the Social Security number of a relative if the foreign worker hasn't received one.
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Student Visas
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Foreign students who enter the United States specifically to earn an education at a private or public college must apply for F-1 student visa status. Students attending American universities with this visa status are subject to limitations that don't apply to those with L-1 status. These restrictions include a 12-month attendance limit and no waiver of tuition fees for reasons of need. Foreign students attending college under F-1 visa status are prohibited from working more than 20 hours per week either part-time or for work-study while school is in session.
Filing for L-1 Status
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Besides filing Form I-129 with the USCIS, foreign workers seeking temporary L-1 status must file a specialized "L" addendum with Form I-129. The L addendum must include information regarding the foreign worker's prior work experience to indicate that they are eligible for L-1 status. An employer must also send a letter to the USCIS that states why the foreign worker is taking the job and why no U.S. resident can fill the role. At the time of publication, filing fees for Form I-129 are $185 for the form and an additional $500 fraud prevention and detection fee.
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References
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