Lori Meadows
International students who have graduated from a US college often wonder if they can stay in the country. The F-1 Visa, which is for full-time students, expires when a person is no longer enrolled in college. However, there are ways to stay in the US legally after graduating, such as applying for an Optional Practical Training (OPT) extension, a STEM OPT extension, an H-1B Visa, or a Green Card.
| Characteristics | Values |
|---|---|
| Type of Visa | F-1, M-1, OPT, H-1B |
| Visa Requirements | Enrolled in an academic, language-training, or vocational program, proficient in English, sufficient funds, residence abroad |
| OPT Requirements | F-1 student status, enrolled for at least a year, major field of study, Employment Authorization Document (EAD) |
| OPT Duration | 12 months, 24 months for STEM-related degrees |
| Visa Extensions | OPT extension, H-1B visa, Green Card |
| Visa Extension Requirements | STEM-related degree, accepted job position, advanced education degree, employer sponsorship, asylum, relative sponsorship |
| DSO | Assist with legal requirements, practical training employment, program extensions, curricular practical training, major changes |
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What You'll Learn
Student visa requirements
To study in the United States, international students must obtain a student visa. There are two nonimmigrant visa categories: the F Visa and the M Visa. The F Visa is for academic students and allows you to enter the US as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or another academic institution, including language training. The M Visa is for vocational students and includes those in vocational or other non-academic programs, except for language training.
To obtain a student visa, you must meet the following general requirements:
- Enrol as a full-time student at an accredited educational institution.
- Demonstrate English language proficiency or be enrolled in courses leading to English proficiency.
- Prove sufficient funds are available to cover tuition and living expenses during your stay in the US.
- Maintain a residence in your home country that you have no intention of giving up.
- Have a valid passport for US travel for at least six months after your program completion date.
In addition to these general requirements, there may be specific requirements for your particular situation. For example, if you are bringing dependents with you to the US, they may apply for F-2 or M-2 visas.
The process of obtaining a student visa typically involves the following steps:
- Get accepted by a Student and Exchange Visitor Program (SEVP)-certified institution.
- Complete the required visa application forms, such as the DS-160.
- Schedule and attend a visa interview with a consular officer, who will determine your eligibility for the visa.
- Provide ink-free, digital fingerprint scans during your interview or at another designated location.
- After visa approval, pay any applicable visa issuance fees and make arrangements for receiving your passport and visa.
It is important to note that a visa does not guarantee entry into the United States. It only allows a foreign citizen to travel to the country. Upon arrival at a US port of entry, you must present all the required signed documents, such as Form I-20, and have paid the necessary fees, like the I-901 SEVIS Fee. Failure to comply with these requirements may result in a CBP officer issuing Form I-515A, admitting you to the US for 30 days to obtain the proper documentation.
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Work visa options
International students in the US on an F-1 visa are allowed to work but only under certain conditions. F-1 students may not work off-campus during the first academic year but may accept on-campus employment. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT), Optional Practical Training (OPT), and severe economic hardship employment. CPT must be completed while the student is still enrolled at their college or university, whereas OPT can be completed before or after graduation. OPT allows recent graduates to work in the US for up to 12 months, and students who have graduated with a STEM degree can request an additional 24 months.
Students who receive an OPT extension may also choose to apply for an H-1B visa, also called the Person in Specialty Occupation Visa. This visa is granted for an initial period of three years and can be extended for an additional three years. To qualify, you must have been accepted for a specific job position that requires an advanced education degree (BA, MA, or PhD) that correlates with your degree and work.
Another option for staying in the US as an international student is to apply for a green card. This can be done by receiving employer sponsorship, seeking asylum, or receiving sponsorship from a relative who owns a business.
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Practical training employment
International students in the US on an F1 visa are permitted to work off-campus in optional practical training (OPT) status. OPT is a form of training, often paid, that directly relates to the student's program of study. It can be applied for during or after the completion of a student's program of study. The OPT, and thus the business, must relate to the student's program of study. Students can apply for OPT after being enrolled for at least nine months, but they cannot begin employment until they receive their Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS).
Curricular Practical Training (CPT) is another option for international students. CPT is an alternative work/study, internship, cooperative education, or other types of required practicum that a sponsoring employer offers through cooperative agreements with the student's college or university. CPT is only available for F-1 students when it is part of an established curriculum within a school. CPT must be integral to the student's program of study. CPT employment must be a required part of the degree program or a requirement for a course for which the student receives academic credit. CPT can be full-time and is not restricted by a weekly 20-hour work limit. Students who complete one year or more of full-time CPT are not eligible for OPT.
M-1 students are only eligible to participate in one type of paid training with an employer, referred to as practical training (PT). PT must directly relate to the student's program of study and allows them to gain training experience in their vocational field. M-1 students may only participate in PT after their program completion, earning one month of PT eligibility for every four months of program enrollment.
Students who graduated with a STEM-related degree can request an additional 24 months of OPT. Students who receive an OPT extension may also choose to apply for an H-1B visa, also called the Person in Specialty Occupation Visa.
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Permanent residency pathways
International students in the US are typically admitted on F-1 visas, which are non-immigrant visas, meaning they are granted temporary stays with the intention to return to their home country after the visa ends. However, there are several pathways for international students to transition from student status to permanent residency in the US. Here are some options for international students to pursue US permanent residency:
Employment-Based Visa:
- Employer Sponsorship: International students can seek employment while studying, and their employer can sponsor them for an EB-2 or EB-3 employment-based green card. This usually requires labour certification, which can be challenging and time-consuming. However, a waiver may be possible if the applicant's employment is in the "national interest".
- Special Categories: There are special categories for persons of extraordinary ability in sciences, art, education, business, or athletics, as well as outstanding professors or researchers.
- Investment: International students can also obtain permanent residency by investing in a new commercial enterprise in the US. This typically involves investing $1 million (or $500,000 in underdeveloped areas) and creating or expanding a business that employs at least 10 US citizens or permanent residents.
Family Sponsorship:
International students can be sponsored by a relative who owns a business in the US. The relative must prove that the student is being hired based on their qualifications and not solely due to the family relationship.
Asylum:
If returning to their home country poses a danger to an international student's well-being, they can petition for asylum and apply for permanent residency. This process typically requires the assistance of an immigration lawyer.
Diversity Lottery and Refugee Programs:
The US offers diversity immigrant visas through a lottery system, and refugees and asylees can also apply for permanent residency.
Green Card Lottery:
The Green Card Lottery is another option for international students to pursue permanent residency in the US.
While these pathways provide opportunities for international students to obtain permanent residency in the US, it is important to note that the process can be complex and may vary depending on individual circumstances. Seeking guidance from immigration specialists or advisors at one's educational institution is recommended to navigate the specific requirements and procedures.
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Travel considerations
To be able to travel to the US as an international student, you must obtain a visa. There are two types of visas for international students: F-visa and M-visa. The F-visa is for students enrolled in an academic educational program, a language-training program, or a vocational program. The M-visa is for students in vocational or other non-academic programs, excluding language training.
- Ensure that you have a valid passport from your country. Your passport must be valid for at least six months beyond your period of stay in the United States.
- Apply for the appropriate visa (F or M) based on your course of study and the type of school you plan to attend.
- Pay the non-refundable visa application fee, if applicable. If your visa is approved, you may also need to pay a visa issuance fee, depending on your nationality.
- Gather the required documents before your visa interview, including your passport, proof of financial support, and any other documents specified by the US embassy or consulate where you will apply.
- Students on F or M visas cannot enter the US earlier than 30 days before the start date of their program. If you wish to enter earlier, you must apply for a visitor (B) visa separately.
- If you are already in the US and plan to travel outside the country, speak with your Designated School Official (DSO) before your trip. Ensure that your DSO has signed your Form I-20 within the last year and that you have their up-to-date contact information.
- If you have a pending practical training application, it is not recommended that you leave the US as you may receive a request for evidence from United States Citizenship and Immigration Services (USCIS) while travelling.
- When arriving at a US port of entry, ensure you have all the required signed documents and have paid the I-901 SEVIS fee on your current Form I-20. Failure to do so may result in a Form I-515A, admitting you to the US for 30 days while you obtain the proper documentation.
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Frequently asked questions
International students can stay in the US after graduation by qualifying for an existing immigration pathway (such as family sponsorship or a humanitarian claim), or finding an employer who can sponsor them for a visa.
International students need a student visa to study in the US. The two types of student visas are the F visa and the M visa. The F visa is for students enrolled in an academic program, language-training program, or vocational program. The M visa is for students in vocational or other non-academic programs.
To stay in the US with an F visa, students must be enrolled as full-time students, be proficient in English, have sufficient funds to support themselves during their studies, and maintain a residence abroad that they do not intend to give up.
International students with F-1 visas can work in the US through Optional Practical Training (OPT), which allows them to gain hands-on experience in their major field of study. To work in the US, students must first obtain an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS).
