International Students: Postdoc Opt Opportunities And Challenges

International students who are considering a postdoctoral position in the United States will need to navigate the complex visa landscape. The type of visa required for a postdoc depends on various factors, including the nature of the position, the duration of stay, and the preferences of the sponsoring institution. While some international students may be able to continue their F1 visa status with OPT (Optional Practical Training) for their postdoc, others may need to switch to a different visa status, such as J-1 or H-1B, each with its own requirements and limitations. Sponsoring institutions, such as universities, play a crucial role in facilitating the visa process for international postdocs, and their policies and procedures must comply with federal regulations.

F1 OPT visa status

The F-1 visa is for academic students in higher education. Optional Practical Training (OPT) is a benefit of an F-1 visa that allows students to work in their field of study. OPT can be completed part-time while school is in session or full-time during school breaks and after graduation. Students can apply for OPT after they have been lawfully enrolled full-time for one academic year at a college or university certified by the US Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enroll F-1 students. Students can also apply for a 24-month extension of their OPT if they have earned a degree in a STEM field (Science, Technology, Engineering, and Mathematics), are employed by an employer enrolled in the E-Verify program, and have received an initial grant of post-completion OPT employment authorization based on their STEM degree.

Postdocs on an F1 OPT visa status can continue with their F1 status until their OPT ends. This means that international students can do a postdoc on OPT. However, if a postdoc changes to an H-1B visa, they will lose any remaining OPT eligibility.

To apply for OPT, students must request that their designated school official (DSO) at their academic institution recommend OPT by endorsing their Form I-20, Certification of Eligibility for Nonimmigrant Student Status, and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS). Students must then properly file Form I-765, Application for Employment Authorization, with the US Citizenship and Immigration Services (USCIS), accompanied by the required fee and supporting documentation. While an application is pending, the postdoc is eligible to work for 180 days after receipt by USCIS. USCIS will review the information and approve the request or request additional information. Approval by USCIS takes approximately 90-150 days.

Postdocs on an F1 OPT visa status nearing the expiration of their Employment Authorization Document (EAD) can request an extension. If the postdoc does not qualify for an extension, the hiring department must approve sponsorship for an H-1B visa. Once approval is received, the postdoc may pursue changing to an H-1B visa with Immigration and Visa Services in HR.

H-1B visa status

International students can do a postdoc on OPT. However, if they switch to an H-1B visa, they will lose any remaining OPT eligibility.

The H-1B visa is a complex visa with extensive processing requirements. It is used for the temporary employment of foreign nationals by a specific employer in a "specialty occupation". This includes postdoctoral research positions, which require the theoretical and practical application of a body of specialized knowledge, along with at least a bachelor's degree or its equivalent. Examples of specialty occupations include architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

To be eligible for an H-1B visa, an individual must be classified as an employee and must pay all applicable taxes (income tax and FICA). The H-1B visa approval process requires two separate processes to obtain both OPA and Bechtel I-Center approval. The postdoc administrator initiates the OPA's portion of the process by submitting the Employment Visa Exception Request for Postdocs SmartSheet, along with the required supporting documents. The postdoc admin then initiates Bechtel's Employment Visa web form to start the petition to USCIS. A $900 internal processing fee is charged for any approved H-1B petition that does NOT meet one of three criteria:

• The postdoc is currently in valid H-1B status (submit a copy of the I-797 Approval Notice).
• The postdoc has pending United States permanent residence as evidenced by an I-485 document (submit a copy of the I-485; I-140 receipt is NOT an accepted substitute).
• The postdoc is married to a US citizen or a US permanent resident (submit a copy of the marriage certificate).

The H-1B visa is valid for a maximum period of six years. The initial period of stay is up to three years, with extensions available in up to three-year increments. Four to six months should be allowed for processing after all documentation is received.

J-1 visa status

International students can do a postdoc on OPT. However, there are several considerations to keep in mind when deciding between an F1-OPT visa and a J-1 visa.

The J-1 visa is a non-immigrant visa category for individuals approved to participate in exchange visitor programs in the United States. It is commonly used by international scholars, including postdoctoral researchers, to conduct research or teach in the US temporarily. Here are some key points about the J-1 visa status:

• Eligibility: To qualify for a J-1 visa, an individual must be a foreign national who has been accepted into a sponsored exchange program in the US, such as a postdoctoral research position. The program sponsor is typically the hosting university or research institution.
• Duration: The J-1 visa is typically valid for the duration of the postdoctoral program, which can vary in length. However, there is a 24-month repeat participation bar for J-1 visa holders.
• Spousal Work Authorization: One advantage of the J-1 visa is that the spouse of the visa holder may be eligible for a J-2 visa, which allows them to apply for work authorization in the US. This can be beneficial for couples who want to live and work in the US together.
• Two-Year Home Residency Requirement: One significant consideration of the J-1 visa is the potential two-year home residency requirement. After completing their program, J-1 visa holders may be subject to this requirement, which means they must return to their home country for at least two years before being eligible for certain US visas, such as an H or L visa. This requirement can be waived under certain circumstances, but it is not guaranteed.
• Employment Restrictions: J-1 visa holders are typically restricted to working only for the sponsoring institution. This can limit job flexibility when compared to other visa types, such as the F1-OPT.
• Application Process: The application process for a J-1 visa typically involves obtaining a DS-2019 form from the sponsoring institution, which includes information about the program and financial support. The individual then uses this form to apply for the J-1 visa at a US embassy or consulate.
• Fees: There may be internal processing fees associated with the J-1 visa application, which are typically charged to the sponsoring department or institution.
• Extensions: J-1 visa holders may be eligible for extensions of their visa status. The sponsoring institution can provide guidance on the extension process and requirements.
• Green Card Considerations: Obtaining a Green Card while on a J-1 visa may be more challenging due to the home residency requirement. However, it is possible to apply for a waiver of this requirement or explore other options, such as the National Interest Waiver Green Card.

In summary, the J-1 visa is a viable option for international postdoctoral researchers, offering advantages such as spousal work authorization. However, it is important to carefully consider the restrictions and requirements of this visa status, particularly the potential two-year home residency requirement and employment limitations.

STEM OPT extension

International students on an F1 visa can do a postdoc on OPT. The OPT, or Optional Practical Training, is a type of employment authorization for international students to gain practical experience directly related to their program of study. The STEM OPT extension is available to eligible F-1 students who have received a bachelor's, master's, or doctoral degree in a STEM field from a U.S. institution. The extension provides an additional 24 months of OPT, allowing students to remain in the United States to work and gain practical experience in their field of study.

To qualify for the STEM OPT extension, students must meet certain requirements. Firstly, they must have earned their degree from a school that is accredited by a U.S. Department of Education-recognized accrediting agency and certified by the Student and Exchange Visitor Program (SEVP) at the time of their application. The degree must be on the DHS's STEM Designated Degree Program List. Additionally, students must pursue their practical training through an employer that is enrolled in USCIS' E-Verify employment eligibility verification program. The employer must provide a minimum of 20 hours of work per week and offer formal training and learning objectives.

The process of applying for a STEM OPT extension involves several steps. Firstly, students must collaborate with their supervisor and department to submit the necessary materials to the appropriate office, such as the International Programs and Services (IPS) or the Office of Global Services (OGS). This includes completing the required Form I-983 training plan, which must be signed by both the student and their direct supervisor. The I-983 form should be submitted along with the student's updated I-20 form and any other required documents. The I-20 form must include a STEM OPT extension recommendation. It is important to note that students cannot advise themselves on the I-983 form, as they cannot provide their own employer attestation.

The completed application, including the I-983 and I-20 forms, must be submitted to U.S. Citizenship and Immigration Services (USCIS) for approval. Students can apply for the STEM OPT Extension no earlier than 90 days before the expiration of their current OPT, and the application must be received by USCIS within 60 days of the STEM OPT recommendation date. During the application process, students are eligible to work for 180 days from the date of receipt of their application by USCIS. If approved, USCIS will provide an EAD card to the student, authorizing their employment for the STEM OPT extension period.

Postdoc appointment offers

International students on an F1 visa can continue on the same visa for their Optional Practical Training (OPT) after their PhD, and this can include postdoc work. However, the OPT only lasts for 12 months, and the student must complete the required I-983 training plan and submit their updated I-20 and STEM Extension application to U.S. Citizenship and Immigration Services (USCIS) for OPT STEM approval.

• Outside funding letters and Notices of Award from external fellowships
• A Letter of Completion (if the degree has not yet been conferred)
• A copy of the CA medical license
• A currency conversion printout (when outside funding is paid in foreign currency)
• Outside funded benefits coverage approval email (if applicable)
• Clinical appointments only: Patient Care form; signed Clinical Scholar letter

The Department Manager/DFA then reviews and approves the Recommendation Form, which generates an offer letter to the postdoc candidate. The postdoc admin verifies the appointment terms on the Recommendation Form and submits them to the Office of Postdoctoral Affairs (OPA) for review and approval. The start date should be set to account for the required processing time, and appointments cannot start earlier than the day after the date of issue of the doctoral degree or the letter of completion.

For postdocs requiring a visa, the process is more complex and will depend on the type of visa. For example, for H-1B visas, the postdoc admin must submit the Employment Visa Exception Request for Postdocs SmartSheet, and there is a $900 internal processing fee that must be paid. For J-1 visas, the postdoc's name must be added to the department's SEVIS records, and a new DS-2019 form will be processed.

Frequently asked questions