Douglas Olsen
International students on F-1 visas can participate in Optional Practical Training (OPT) after completing their studies. This allows them to work in their field of study without a work visa for up to three years. To qualify for OPT, international students must have been 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. Postdoctoral scholars on a J-1 visa may request an extension of their visa up to the time limit available for their scholar type. They may also be eligible for an H-1B employment visa, but this requires sponsorship from the hiring department and compliance with specific compensation requirements.
| Characteristics | Values |
|---|---|
| Who can apply for OPT? | F-1 visa holders who are recent graduates of a PhD program |
| Who is responsible for maintaining and extending the visa? | The university that granted the applicant's PhD |
| What is pre-completion OPT? | International students may apply to participate in pre-completion OPT after being lawfully enrolled full-time for one full academic year at a college, university, conservatory, or seminary that has been certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enroll F-1 students. |
| Can students work during pre-completion OPT? | Students may work 20 hours or less per week while school is in session and full time when school is not in session. |
| What is post-completion OPT? | International students may apply to participate in post-completion OPT after completing their studies. |
| Can students work during post-completion OPT? | Students must work part-time (at least 20 hours per week) or full time. |
| What is the process for applying for OPT? | Students must request that their designated school official (DSO) recommend OPT by endorsing their Form I-20 and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS). Students must then file Form I-765, Application for Employment Authorization, with USCIS, accompanied by the required fee and supporting documentation. |
| What happens if a student's OPT period expires while their extension application is pending? | USCIS will automatically extend their employment authorization for 180 days. |
| What happens if a student's authorization to engage in OPT ends? | As long as the student complies with all requirements for maintaining their student status, their F-1 status will not be affected. However, they must not work on a terminated EAD, as this would result in unauthorized work in the United States. |
| Can F-1 STEM students do a postdoc on OPT? | Yes, F-1 STEM students can work without a work visa for up to 3 years after graduation, as long as the work is related to their major. |
| What is the process for a STEM OPT extension? | Postdocs must contact their sponsoring university to determine if they qualify for a STEM OPT extension and follow their process for submitting the appropriate paperwork, which typically includes completing the I-983 form with their direct supervisor. |
| What happens if a postdoc does not qualify for a STEM OPT extension? | The hiring department must approve sponsorship for an H-1B visa and is responsible for the filing fees. |
| What are the requirements for an H-1B visa? | International scholars on H-1B visas must be salaried and cannot be paid through stipends, honoraria, outside fellowships, or personal funding. |
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What You'll Learn
F-1 visa holders can complete Optional Practical Training (OPT)
To apply for OPT, F-1 students must first be recommended by a Designated School Official (DSO) in SEVIS, and then submit a Form I-765. Students can be authorised to work 20 hours or less per week during their studies, and must work at least 20 hours per week or full-time after completion of their studies.
There are two ways to extend the period of OPT: by applying for a 24-month STEM OPT extension if the student holds a degree in a STEM field and is hired by an employer enrolled in the E-Verify program, or by having an approved H-1B petition. Students who have already completed 1 year of full-time pre-completion OPT will not be entitled to any period of post-completion OPT employment authorisation.
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Scholars on a J-1 visa can request an extension
International students on an F1 visa will often be completing Optional Practical Training (OPT) after graduating with a PhD. The university that granted their PhD is responsible for maintaining and extending their visa. This means that the process will vary depending on the university in question.
The J-1 exchange visitor visa stamp in the passport must be valid to re-enter the United States, unless the scholar is a Canadian citizen. The scholar must check the visa stamp before leaving the US, and if it has expired, they will need to obtain a new visa stamp from a US embassy or consulate abroad. For information on visa stamp issuance in various countries, the scholar may wish to consult the Department of State (DOS) website. They must present this Form DS-2019 with their passport when applying for a new visa stamp.
J-1 scholars in the "Research Scholar" or "Professor" categories are eligible for a maximum stay of up to five years. To request an extension of a J-1 status, the scholar must initiate their request through their department, which will make the formal request. The extension process (including obtaining a new DS-2019) must be completed before the end date as noted on the current DS-2019 form. The department will need information from the supervising faculty member or other authorised department personnel. If the stay is not supported by Yale funding, the scholar will need to provide proof of funds (e.g. an external grant award letter, personal bank statement, etc.).
An extension is needed if the scholar wishes to continue their J-1 scholar activities/work beyond the current end date on their DS-2019. Scholar activities cannot continue beyond this date into the 30-day departure grace period. An extension can only be granted for the purpose of continuing J-1 scholar collaboration with the UMN department.
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The OPT STEM extension application process
Firstly, students must ensure they are eligible for the extension by having an appropriate degree in a STEM field and being employed by, or having a job offer from, an employer registered with the E-Verify employment verification system. The job must provide at least 20 hours of work per week, be a paid position, and offer formal training related to the STEM degree.
Secondly, students should contact their sponsoring university to determine their specific process for the STEM OPT extension. Students who completed their PhD at Michigan Tech, for example, are recommended to start their application 90 days before their current 12-month OPT expires.
Thirdly, students must complete the required I-983 training plan with their employer. The I-983 form should be completed by the student and their direct supervisor, who is also the signing authority for the form.
Fourthly, students will need to gather the necessary documents for their application, including a copy of their most recent I-94 record or card, passport identification page, letters from OPT employers confirming employment details, and evidence of their STEM degree.
Finally, students must submit their completed application to USCIS before their current OPT period expires. Students can apply for the extension through the mail or online, but they must first receive a STEM OPT recommendation I-20 ("STEM OPT I-20") from their university. The university will need to verify that the I-983 training plan is completed, signed, and meets all program requirements before issuing the STEM OPT I-20.
It is important to note that students can change employers while their STEM OPT extension application is pending, but they must report this change to the university and request a new I-20.
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H-1B visa requirements
International students can do a postdoc on OPT, but they will need to meet certain requirements and follow specific procedures. Sponsoring departments are responsible for implementing university policy and procedures in compliance with federal regulations.
The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations. These occupations typically require a bachelor's degree or higher in a specialized field, such as engineering, biological, physical, social sciences, mathematics, and business administration. To qualify for an H-1B visa, the job position and the foreign worker must meet specific criteria:
- The job 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.
- The worker must have at least a bachelor's degree or its equivalent in a subject directly connected to the role.
- The employer must file a Labor Condition Application (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, and that their employment will not adversely affect the working conditions of US workers in similar positions.
- The employer must also certify that there is no strike, lockout, or layoff in the occupational classification at the time of filing.
- If the occupation requires a license to practice in the state of intended employment, the employee must generally possess that license before the H-1B petition can be approved.
- The H-1B visa is subject to an annual cap, and if the number of registrations exceeds this cap, a lottery is conducted to select registrations randomly. However, some petitions are exempt from the cap, such as those for employees of institutions of higher education or non-profit research organizations.
- The earliest an H-1B application can be submitted to the USCIS is six months before the selected start date, and employers should ideally submit the application in April for the new fiscal year beginning on October 1.
- The H-1B visa is employer-sponsored, meaning the employer is responsible for submitting the petition and providing documentation to prove they will pay the required wage.
- If an employer wishes to change the job duties or conditions after the H-1B petition's approval, they must submit an amended petition to the USCIS.
- The H-1B visa holder can only be compensated by the specific employer stated in the H-1B petition and cannot be paid through stipends, honoraria, or outside fellowships.
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Maintaining student status
To maintain F-1 student status while studying in the United States, students must:
- Attend all classes and maintain normal academic progress. If the course is too difficult, speak with your DSO immediately.
- Maintain a full course of study each term. If you cannot study full-time, contact your DSO immediately. You may be eligible for a reduced course load in limited circumstances.
- Speak to your DSO before dropping a class.
- Request a program extension from your DSO if you do not think you will complete your program of study by the end date listed on your Form I-20. An extension must be requested before your program end date.
- Complete at least one full academic year at an SEVP-certified school to be eligible for annual vacation.
F-1 students must also maintain a valid visa. The university that granted the student's PhD is responsible for maintaining and extending their visa, so the process will vary depending on the institution. Students should contact their DSO to discuss their options, including transferring to another school, changing their education level, or applying to change their visa status.
To maintain M-1 student status, students must follow similar guidelines, including maintaining a full course of study and requesting program extensions as needed. Additionally, M-1 students are not eligible for employment during their program of study but may obtain authorization for practical training employment upon completion of their vocational program. This employment must be related to their area of study and authorized by the Designated School Official (DSO) and USCIS prior to starting work.
Both F-1 and M-1 students must also meet certain criteria to maintain their student visas:
- Enrolled in an "academic" educational program, a language-training program, or a vocational program at a school approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement.
- Enrolled as a full-time student.
- Proficient in English or enrolled in courses leading to English proficiency.
- Have sufficient funds available for self-support during the entire proposed course of study.
- Maintain a residence abroad with no intention of giving up.
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Frequently asked questions
An F-1 visa is a document that allows non-immigrants to study in the United States. F-1 students can participate in pre-completion OPT after being lawfully enrolled full-time for one academic year. They can also apply for post-completion OPT after finishing their studies.
International students can do a postdoc on OPT, but they need to ensure that their OPT period is extended. They must submit the necessary materials to the International Programs and Services (IPS) office to receive an updated I-20. This can be done up to 90 days before the 12-month OPT expires.
To extend the OPT period, international students must complete the required I-983 training plan with their direct supervisor. They will need to obtain the EIN number, E-verify number, and NAICS code from HR. The student and their supervisor will then submit the updated I-20 and STEM Extension application to USCIS for OPT STEM approval.
If your work does not qualify for a STEM OPT extension, you may need to transition to an H-1B employment visa. The hiring department must approve sponsorship for an H-1B visa, and they are responsible for the filing fees.
