Lana Oconnell
International students who are considering a postdoctoral position in the United States must navigate the complex immigration system to ensure they have the correct visa status. F-1 visa holders can undertake Optional Practical Training (OPT) after completing their PhD, allowing them to work part-time or full-time. This option is available to international students who have been enrolled full-time for an academic year at a certified institution. To maintain their student status, they must not work beyond the authorized OPT period. For STEM fields, an extension of the OPT period is possible, but it requires careful planning and timely submission of the necessary documents. Alternatively, international postdocs may need to transition to an H-1B visa, sponsored by the hiring department, which has specific requirements and limitations. J-1 visas are another option for international postdocs, but they have different expectations and procedures. Understanding and adhering to these visa requirements are crucial for international students seeking postdoctoral opportunities in the United States.
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What You'll Learn
F-1 visa holders can maintain OPT eligibility
Secondly, F-1 visa students must ensure that their employment during OPT is directly related to their major area of study. This is a fundamental requirement, and all OPT employment must align with the student's field of study.
Additionally, F-1 visa students should be mindful of the time limitations associated with OPT. They are generally eligible for up to 12 months of OPT, which can be utilized before (pre-completion) and/or after (post-completion) completing their academic studies. However, any periods of pre-completion OPT will be deducted from the available period of post-completion OPT.
F-1 visa students can also maintain OPT eligibility by applying for extensions if they meet certain criteria. For instance, students who have received a degree in a STEM field may be eligible for a 24-Month STEM Extension of post-completion OPT, bringing the total eligibility to up to 36 months. To apply for this extension, students must submit the necessary materials, including the I-983 training plan, to the appropriate departments and receive approval.
It is important to note that changing to an H-1B visa will result in the loss of any remaining OPT eligibility. Therefore, F-1 visa holders who wish to maintain OPT eligibility should carefully consider their visa status and consult with their academic institution's international office or designated school official (DSO) for guidance.
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OPT extension for STEM research
International students on an F-1 visa who have earned a bachelor's, master's, or doctoral degree in a STEM field from a US institution may be eligible for a 24-month STEM OPT extension. This allows them to gain practical training related to their degree. To be eligible, the degree must be from a US institution accredited by a US Department of Education-recognized agency and certified by the Student and Exchange Visitor Program (SEVP). The OPT extension must be directly related to the student's STEM degree.
Students can only apply for a STEM OPT extension once per degree level (bachelor's, master's, or doctorate). However, it is possible to receive two STEM OPT extensions over the course of an academic career if the student earns a second qualifying degree at a higher level. In some cases, a prior STEM degree can be used to qualify for a second STEM OPT extension.
To apply for a STEM OPT extension, students must submit the necessary materials to their university's international programs department to receive an updated I-20 form. They must also complete the required Form I-983 training plan with their direct supervisor or department head. The student and their supervisor will need to obtain the university's EIN number, E-Verify number, and NAICS code from HR. The completed Form I-983 and STEM Extension application are then submitted to USCIS for OPT STEM approval. The approval process can take up to 150 days, and students are eligible to work for 180 days while their application is pending.
Students must work with an employer enrolled in USCIS's E-Verify employment eligibility verification program and work a minimum of 20 hours per week. The employer must provide formal training and learning objectives related to the student's degree. The employer must also agree to report any changes in the student's employment status within five business days and implement a formal training program.
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J-1 visa requirements
The J-1 visa is a non-immigrant visa for exchange visitors participating in educational and cultural exchange programs designated by the US Department of State. The duration of your stay in the US on a J-1 visa depends on the program you choose to pursue. For example, a J-1 visa for a Camp Counselor program will likely be valid for a short duration, whereas an Au Pair or Research Scholar program may require a J-1 visa that is valid for several years.
J-1 visa holders are required to return to their home country after their program ends and live there for at least two years. They will only be allowed to return to the US after fulfilling this requirement. In the case of emergencies or special circumstances, this requirement may be waived.
- Certificate of Eligibility for Exchange Visitor Status : Submit Form DS-2019, the Certificate of Eligibility for Exchange Visitor Status. Your sponsoring agency will provide you with this form. An official authorized to issue Form DS-2019 is known as a responsible officer (RO) or alternate responsible officer (ARO). They will explain what documents are needed to be issued a DS-2019.
- Training/Internship Placement Plan : Submit Form DS-7002, the Training/Internship Placement Plan. This form is only necessary for exchange visitor trainees or intern visa applicants.
- Online Nonimmigrant Visa Electronic Application : Complete Form DS-160, the Online Nonimmigrant Visa Electronic Application. Upload your photo while completing this form, paying attention to the visa photo requirements.
- Additional Documents : You may be asked to provide additional documents for the review process, so follow the instructions from the US embassy or consulate.
- Visa Interview : After submitting your application, present the payment receipt at your visa interview. You are strongly encouraged to submit your visa application as early as possible, as waiting times for an interview appointment can vary. You may not enter the US in J-1 status more than 30 days before your program begins.
- Passport : Ensure that your passport is valid for travel to the US and will remain valid for at least six months after your period of stay in the country.
- Dependent Visa : Your spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to apply for J-2 visas to accompany or join you. They will need a copy of your J-1 visa and proof of relationship.
- Home Residency Requirement : Upon completion of your program, you must return to your home country and reside there for at least two years before returning to the US.
- Full-Time Enrollment : During the academic year, you must maintain full-time enrollment. However, you are allowed to work full-time during academic break periods.
- Address Updates : If you change your residence, you must update both your sponsor and your university within 10 days.
- 24-Hour Emergency Contact : Your sponsor is required to provide you with emergency 24-hour contact information.
- Program Orientation : Attend an orientation conducted by your sponsor, which will provide information about the selected program and the region where you will study.
Please note that J-1 visa applicants and their dependents are not required to pay application processing fees or issuance fees if participating in specific federally funded educational and cultural exchange programs. These programs have a serial number beginning with G-1, G-2, G-3, or G-7 printed on Form DS-2019.
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H-1B visa requirements
International students can pursue postdocs in the US on an OPT visa. However, if the postdoc does not qualify for an extension, they may need to switch to an H-1B visa.
The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations. To qualify for an H-1B visa, both the job position and the foreign worker must meet specific criteria. The job offered must qualify as a "specialty occupation", requiring a deep understanding of complex concepts and the ability to implement that knowledge to solve real-world problems. At least a bachelor's degree or its equivalent in a subject directly connected to the role is required.
The H-1B visa process is employer-sponsored, which means that the employer is responsible for submitting the petition to the USCIS. The earliest an H-1B application can be submitted is six months before the selected H-1B start date. The employer must also file an LCA with the US Department of Labor, certifying that the H-1B worker will be paid the prevailing wage or actual wage, whichever is higher. The H-1B worker's employment should not adversely affect the working conditions of US workers in similar positions.
If an employer is unfamiliar with the H-1B status and/or application procedures, an immigration attorney should be consulted to oversee the process. As an applicant, you may also want to consult with an attorney about a particular position before your job interview to prepare for any questions the employer may have about your work eligibility.
Additionally, if an H-1B employer wishes to change your job duties or other conditions of employment after securing approval of your H-1B petition, they must submit an amended petition to the USCIS.
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Pre-completion and post-completion OPT
International students on F-1 visas can participate in Optional Practical Training (OPT) to gain temporary employment directly related to their major area of study. OPT can be undertaken before (pre-completion) or after students complete their academic studies.
Pre-Completion OPT
To be eligible for pre-completion OPT, students must meet the following criteria:
- Be currently in F-1 status
- Have been enrolled in a full course of study for one academic year (three quarters)
- Be in a major (pre-major students are not eligible)
- Not have been authorized for 12 months of full-time Curricular Practical Training (CPT)
- Not have previously completed 12 months of full-time OPT at the same degree level
Students can work 20 hours or less per week while school is in session and full-time when school is not in session. The OPT start and end dates will be during a student's studies (not after graduation).
Post-Completion OPT
Students can apply to participate in post-completion OPT after completing their studies. If authorized, they must work part-time (at least 20 hours per week) or full-time. All periods of pre-completion OPT will be deducted from the available period of post-completion OPT.
If students have earned a degree in certain STEM fields, they may apply for a 24-month extension of their post-completion OPT employment authorization.
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Frequently asked questions
OPT stands for Optional Practical Training, which allows students on an F1 visa to work in their field of study for a certain period.
Yes, international students can do a postdoc on OPT. However, they must ensure that they have the necessary visa and that their OPT has not expired.
There are a few different visa options for postdocs, including the H-1B visa, the J-1 visa, and the F-1 visa. The specific visa requirements may vary depending on the university and the student's country of origin.
To obtain an H-1B visa, international scholars must receive an approved policy exception from the university and be salaried employees. The hiring department is typically responsible for approving the visa extension and paying the associated fees.
Pre-completion OPT allows students to work part-time (up to 20 hours per week) while they are still enrolled in their studies. Post-completion OPT allows students to work part-time or full time after they have completed their degree.
