Ibrahim Gardner
International students often wonder about their options to stay in the US after graduation. While the F-1 student status is only temporary, there are several ways to extend one's stay, ranging from post-completion OPT, STEM OPT extension, H-1B Visa, and Green Card. OPT, or Optional Practical Training, allows international students to gain work experience in their field of study for up to 12 months, with STEM graduates being eligible for a 24-month extension. The H-1B visa is a non-immigrant visa for specialty occupations that require a degree, while a Green Card is the ultimate goal for permanent residency. Students can also explore options like military service, employer sponsorship, or asylum status to extend their stay in the US after graduation.
| Characteristics | Values |
|---|---|
| Time allowed on F-1 visa after graduation | 60 days |
| OPT time allowance | 1 year, 2 years for STEM |
| H-1B visa duration | 3 years, extendable to 6 years |
| H-1B visa application | Must be done by employer |
| Green card application | Any time, long wait times |
| EB-2 visa eligibility | 5 years of work experience in the US |
| EB-3 visa eligibility | 2 years of work experience |
| Military service | Accelerated path to citizenship |
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F-1 visa status and OPT
As an international student in the US on an F-1 visa, you have the option to extend your stay after graduation through Optional Practical Training (OPT). OPT is a temporary form of employment related to your field of study, allowing you to gain valuable work experience.
Pre-completion OPT
You may apply for pre-completion OPT after being lawfully enrolled full-time for one academic year at a college or university certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enroll F-1 students. With pre-completion OPT, you can work up to 20 hours per week during the school year and full-time when school is not in session.
Post-completion OPT
Post-completion OPT allows you to stay and work in the US for up to 12 months after completing your undergraduate or graduate degree. To be eligible, your employment must be directly related to your major field of study. During this time, you must work at least 20 hours per week or full-time.
STEM OPT Extension
If you have graduated with a bachelor's, master's, or doctoral degree in a STEM field (science, technology, engineering, and mathematics), you may be eligible for a 24-month extension of OPT. This extension provides additional time to gain practical training in your field.
Maintaining F-1 Status During OPT
While on OPT, it is important to maintain your F-1 visa status by following certain rules and regulations. Your status during OPT is based on your OPT start and end dates, as indicated on your Employment Authorization Document (EAD). Failure to comply with the requirements may result in termination of your EAD and accrual of unlawful presence.
Transitioning from OPT to H-1B Visa
OPT can be a pathway to transitioning to an H-1B visa, a non-immigrant visa for workers in specialty occupations. During your OPT period, you can seek employment with an employer who may be willing to sponsor you for an H-1B visa. This can provide an opportunity to extend your stay and work in the US for up to six years.
In summary, F-1 visa holders have the option to extend their stay in the US through OPT, which provides valuable work experience and can serve as a stepping stone to other visa options, such as the H-1B visa. It is important to carefully navigate the requirements and regulations to maintain lawful status throughout the process.
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H-1B visa
International students in the US have several options to extend their stay after graduation. One of the most popular ways is through the H-1B visa, a non-immigrant visa that allows employers to hire foreign workers in specialty occupations requiring at at least a bachelor's degree or its equivalent.
To be eligible for the H-1B visa, you must have a bachelor's, master's, or doctorate degree. The job must be in a specialty occupation that requires a "theoretical and practical application of a body of highly specialized knowledge." Examples of qualifying fields include mathematics, engineering, technology, and medical sciences.
Application Process
The H-1B visa application process typically involves the following steps:
- Employer Sponsorship: You must first find an employer willing to sponsor you and file a petition with USCIS (U.S. Citizenship and Immigration Services). The employer must demonstrate that hiring a foreign worker will not adversely affect U.S. workers' wages and working conditions.
- Labor Condition Application (LCA): The employer must obtain certification of an LCA from the Department of Labor (DOL). This ensures that the employer will comply with certain labor requirements, including paying the H-1B worker a wage that is no less than that paid to similarly qualified workers or the prevailing wage in the geographic area.
- Form I-129 Petition: The employer must file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. The DOL-certified LCA should be submitted along with this form.
- Visa Application: Once the petition is approved, the prospective H-1B worker applies for the visa at a U.S. embassy or consulate and seeks admission to the United States in H-1B classification.
Duration and Extensions
The initial duration of an H-1B visa is typically three years, which can be extended for a maximum of six years. In certain cases, extensions beyond six years are possible, such as when an immigrant visa petition is pending or when specific conditions are met. After six years, if permanent residency has not been obtained, individuals must spend one year outside the U.S. before reapplying for another H-1B visa.
Numerical Cap
There is an annual cap on the number of H-1B visas issued, currently set at 65,000. Additionally, 20,000 petitions are exempt from the cap for beneficiaries with a master's degree or higher from a U.S. institution. The high demand for these visas often results in a lottery system for allocating them.
Other Considerations
The H-1B visa process can be complex and time-consuming. Administrative processing and background checks may be required, sometimes lasting longer than expected. Additionally, critics of the H-1B program have raised concerns about its potential impact on U.S. workers and wages, particularly in certain sectors.
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Green card
International students on an F-1 visa are usually only allowed to stay in the United States for 60 days after graduating. However, there are several ways to extend one's stay in the US, which can eventually lead to permanent residency and citizenship. One way to extend one's stay is through Optional Practical Training (OPT), which allows graduates to work in their field of study for up to 12 months, extendable by 24 months for STEM fields. OPT can be undertaken both during and after studies, but each degree only allows for one OPT.
Another option is to transfer one's F-1 student visa status to an H-1B status with the help of a sponsoring US employer. The H-1B visa allows US companies to employ graduate-level workers in certain "speciality" occupations that require technical or theoretical expertise, such as science, engineering, and IT. The H-1B visa is valid for up to three years, with a possible extension of up to six years. During the fifth year of employment, the employer can file for employment-based permanent residency, which will extend the H-1B visa's limitation.
The ultimate goal for any non-native wishing to live permanently in the United States is to obtain a green card. A green card allows one to work anywhere in the US, receive financial benefits, and live in the US indefinitely. International students have an advantage in obtaining green card status as they have already spent an extended period of time living in the country legally. While green cards are in high demand and can take many years to obtain, there are several routes for international students to obtain them. Firstly, international students can seek employer sponsorship for an EB-2 or EB-3 employment-based green card. Secondly, they can seek asylum if returning to their home country poses a danger to their well-being. Thirdly, they can be sponsored by family members who are US citizens or business owners. Lastly, international students can also "self-petition" for a green card.
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Military service
International students in the US who are interested in serving in the military may be eligible for a program called Military Accessions Vital to the National Interest (MAVNI). This program allows certain non-citizens who are legally present in the US and hold critical skills to join the US military. Critical skills include physicians, nurses, and experts in certain languages with associated cultural backgrounds. To apply, students should work with their designated school official (DSO) to understand the requirements and complete the necessary forms.
While military service can help international students secure a green card, it is important to note that it cannot assist in obtaining US citizenship, and this option may not be available in the near future. Additionally, international students who have served two years in the military may have a better chance of obtaining a green card. There are several routes for international students seeking green cards, including military service, immediate family sponsorship, asylum status, employment sponsorship, or the Diversity Immigrant Visa Program.
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EB-2 or EB-3 visas
International students in the US have several options to extend their stay after graduation. One popular option is to transfer their F-1 visa status to an H-1B visa with the help of a sponsoring US employer. The H-1B visa is a non-immigrant visa that allows graduates to live and work in the US for up to six years. To be eligible, graduates must prove that they are uniquely qualified for the position because of their field of study.
Another option is to apply for Optional Practical Training (OPT), which allows graduates to stay in the US for one year and gain work experience in their field of study. For STEM graduates, OPT can be extended to two years. While on OPT, graduates can build connections with employers who may later sponsor them for an employment-based visa.
For those seeking permanent residency, the EB-2 and EB-3 visas are potential options. The EB-2 visa is an employment-based, second-preference visa for members of professions holding an advanced degree or its equivalent, or those with exceptional ability. Teachers, for example, are typically eligible for EB-2 visas if they have a Master's degree in their teaching specialty and have accepted a job offer at a school that requires such a qualification.
The EB-3 visa is a third-preference visa for skilled workers, professionals, and other workers. Teachers with a Bachelor's degree, for instance, would typically apply for an EB-3 visa if they have a permanent job offer at a school that requires such a qualification. To be eligible for an EB-3 visa, individuals must have at least two years of experience in their job.
It is important to note that the process of becoming a permanent US legal resident can take many years, and graduates should start planning well before their graduation date.
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Frequently asked questions
The first step is to find a job in your field of study. This will help you gain valuable work experience and build connections with potential employers who may be able to sponsor you for an employment-based visa.
OPT stands for Optional Practical Training. It allows international students on an F-1 visa to stay in the US for up to 12 months after graduation and work in their field of study. STEM graduates may be eligible for a 24-month OPT extension.
An H-1B visa is a non-immigrant visa that allows US companies to employ graduate-level workers in specialty occupations, such as science, engineering, and IT, for up to three years. To get an H-1B visa, you must have a bachelor's, master's, or doctorate degree and find an employer who is willing to sponsor you.
