Lori Meadows
International students who wish to stay in the US after graduation have several options. The most common way is to get a work visa, which can be done through the OPT program, allowing students to work in the US for up to 12 months. Students with STEM degrees can also apply for a 24-month OPT extension. Another option is to get a green card, which is the first step towards permanent residency. Students can also change their visa status to an H-1B visa, which allows them to stay in the US for a limited number of years. Additionally, students can seek employer sponsorship, apply for asylum, or receive sponsorship from a relative who owns a business. It is important to note that visa requirements and restrictions are constantly changing, so staying informed is crucial for making decisions about staying in the US after graduation.
| Characteristics | Values |
|---|---|
| Student visa type | F-1 (Academic Student) or M-1 (Vocational Student) |
| Requirements | Enrolled in an academic, language-training, or vocational program at an approved school; passport valid for at least six months beyond the period of stay |
| Employment | F-1 students may not work off-campus during the first academic year but may accept on-campus employment; after the first year, they may engage in off-campus employment with authorization |
| Work visa options after graduation | OPT (Optional Practical Training) extension for up to 12 months; STEM OPT extension for an additional 24 months for STEM graduates; H-1B visa |
| Permanent residency options | Employer sponsorship for an employment-based green card; family sponsorship; asylum |
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What You'll Learn
Apply for an F or M student visa
To stay in the US as an international student, you will generally need a student visa. The two nonimmigrant visa categories for persons wishing to study in the US are commonly known as the F and M visas. The F-1 Visa (Academic Student) allows you to enter the US as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in a language training program. To be eligible for an F-1 visa, you must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and your school must be authorised by the US government to accept foreign students.
The M-1 visa (Vocational Student) category includes students in vocational or other non-academic programs, other than language training. To be eligible for an M-1 visa, you must be enrolled in a vocational or other non-academic program.
To apply for an F or M student visa, follow these steps:
- Enroll in an SEVP-approved school: The first step to studying in the US is to apply to a Student and Exchange Visitor Program (SEVP)-approved school in the US. If the SEVP-approved school accepts your enrollment, you will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the SEVIS I-901 fee.
- Obtain Form I-20: The SEVP-approved school will issue you a Form I-20. This form is required for your visa application and demonstrates that you are eligible for a student visa.
- Schedule a visa interview: You will need to schedule an appointment for your visa interview at the US Embassy or Consulate in the country where you live. Wait times for interview appointments vary by location, season, and visa category, so it is recommended to apply for your visa early.
- Gather required documents: Before your visa interview, ensure you have all the required documents, including your passport, which must be valid for at least six months beyond your period of stay in the US. You will also need to present Form I-20 to the consular officer during your interview.
- Attend the visa interview: During the interview, a consular officer will determine whether you qualify for a student visa. They will assess if you meet the requirements under US law to receive a visa. As part of the application process, they will also take your ink-free, digital fingerprint scans.
- Pay visa fees: After your visa is approved, you may need to pay a visa issuance fee, depending on your nationality. You will also need to make arrangements for the return of your passport and visa.
It is important to note that the visa application process may vary slightly depending on the specific US Embassy or Consulate where you apply. Always review the instructions on their website for detailed information. Additionally, ensure that any photos submitted during the application process are unmounted and unretouched, as per USCIS guidelines.
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Seek asylum
Seeking asylum is a legal process under international and U.S. law. Asylum is a form of protection granted to individuals who can demonstrate a well-founded fear of persecution if they return to their home country due to their race, religion, nationality, membership in a particular social group, or political opinion. It is important to note that applicants cannot claim asylum based on poor living conditions, such as high crime rates or poor economic opportunities.
International students with an F1 visa can apply for asylum in the US without affecting their F1 visa status. However, it is crucial to maintain the conditions of the F1 visa to avoid any legal complications. To maintain F1 visa status, students must adhere to certain requirements, including enrolling as a full-time student, engaging only in authorized work, and keeping their address and personal details updated.
To apply for asylum, international students must file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of their arrival in the United States. There is no fee for applying for asylum. Applicants must bring evidence demonstrating past persecution or a well-founded fear of future persecution in their home country. An interpreter may be required for the asylum interview if the applicant is not fluent in English.
If an asylum application is denied, individuals with an F1 visa can remain in the US until their visa expires. They may also appeal the decision or explore other legal options, such as applying for other forms of relief.
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Gain employment sponsorship
International students can stay in the US by gaining employment sponsorship. Students can obtain work authorization under specific circumstances, both during their studies and after graduation.
F-1 Visa
The F-1 Visa is the most common type of student visa, allowing international students to enter the US as full-time students at an accredited college, university, school, or other academic institution. To qualify for an F-1 visa, you must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and your school must be authorized by the US government to accept foreign students.
OPT
F-1 visa holders are eligible for 12 months of full-time work authorization through Optional Practical Training (OPT). OPT is a direct benefit of the F-1 visa status and allows students to gain practical work experience related to their major field of study. Students can apply for OPT independently and do not need a job offer to apply. Any employment undertaken while on OPT must be related to the student's specific academic major.
STEM OPT Extension
Students who have graduated with a degree in Science, Technology, Engineering, or Mathematics (STEM) are eligible for a 24-month extension of their OPT, allowing them to work for a total of 36 months after completing their degrees. During this period, employers do not need to secure work authorization, and there are no extra costs involved.
H-1B Visa
After completing their OPT, students may choose to apply for an H-1B visa, also known as the Person in Specialty Occupation Visa. To be eligible, you must have been accepted into a specific job position that requires at least a bachelor's degree and is directly related to your field of study. The H-1B visa will allow you to stay in the US for a limited number of years and can be a pathway to permanent residency.
EB-2 or EB-3 Visa
If you attain employment while studying, your employer can sponsor you by applying for an EB-2 or EB-3 employment-based visa, which is the first step toward obtaining permanent residency status.
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Apply for Optional Practical Training (OPT)
Optional Practical Training (OPT) is a type of work permit available for eligible F-1 visa students. It allows students to gain work experience in their major field of study. Students can apply for OPT before or after graduation, and it can be used to work in the US for up to 12 months.
To apply for OPT, students must follow these steps:
- Speak with a Designated School Official (DSO) to learn about their options for OPT and gather the required information for their application.
- Submit Form I-20, the Certificate of Eligibility, with an OPT recommendation. The DSO must sign page one of the form.
- File Form I-765, "Application for Employment Authorization," within 30 days of the DSO's OPT recommendation. This form must be filed electronically, and a fee is required.
- Wait for the application to be processed. USCIS can take up to 90 days to process the application.
- Once approved, USCIS will issue an Employment Authorization Document (EAD). Students cannot begin working until they receive the EAD and the validity period has started.
It is important to note that OPT employment must be for a minimum of 20 hours per week, and it can be paid or unpaid. Additionally, students are only eligible for 12 months of OPT in total, including any pre-completion OPT used while still enrolled.
If students have graduated with a STEM (Science, Technology, Engineering, or Mathematics) degree, they may be eligible for a 24-month extension of their OPT. To qualify for the STEM OPT extension, students must meet certain requirements, including having an employer enrolled in the E-Verify government program.
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Apply for an H-1B visa
The H-1B visa, also known as the Person in Specialty Occupation Visa, is a way for international students to stay in the US. Here is a step-by-step guide on how to apply for an H-1B visa:
Step 1: Check your eligibility
Firstly, ensure that you meet the requirements for an H-1B visa. You must have been accepted for a specific job position that meets certain requirements, including possessing an advanced education degree (a four-year BA degree or MA or PhD) and a correlation between your degree and work.
Step 2: Understand the process
The H-1B visa process involves your prospective employer or agent submitting a petition to the US Citizenship and Immigration Services (USCIS) on your behalf. This petition is known as Form I-129, Petition for a Nonimmigrant Worker. The employer/agent must also apply for and receive certification of a Labour Condition Application (LCA) from the Department of Labor (DOL).
Step 3: Prepare the required documents
You will need to provide valid passport information or valid travel document information. The passport or travel document provided must be the one you intend to use to enter the US if you are issued an H-1B visa. It must also be valid and unexpired.
Step 4: Submit your petition
Your employer/agent will submit Form I-129, along with the DOL-certified LCA, to USCIS. This initiates the process of seeking to employ an H-1B worker.
Step 5: Await selection
USCIS will run the H-1B selection process to select beneficiaries based on properly submitted electronic registrations. There is an annual numerical limit of 65,000 new H-1B visas each fiscal year, with certain exemptions and deductions.
Step 6: Apply for your visa
Once your H-1B petition has been approved by USCIS, you must apply for your H-1B visa at a US embassy or consulate. This step involves a visa interview, and you will need to bring certain documents, including a copy of the USCIS Form I-797 H-1B approval notice and a copy of the H-1B petition.
It is important to note that approval of an H-1B petition by USCIS does not guarantee the issuance of an H-1B visa. Nonimmigrant visa issuance is at the discretion of the US authorities. Additionally, you should not make any definitive travel plans before receiving your visa.
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Frequently asked questions
You will need a student visa, either an F or M visa. F visas are for students enrolled in academic programs, while M visas are for students in vocational programs.
You must be enrolled in an academic, language-training, or vocational program, and your school must be approved by the Student and Exchange Visitors Program.
F-1 students may accept on-campus employment during their first academic year. After the first year, they may engage in off-campus employment through Optional Practical Training (OPT). M-1 students must obtain authorization from a Designated School Official (DSO) and USCIS before any off-campus training or employment.
You can apply for OPT nine months after being enrolled, but you cannot begin employment until you receive your Employment Authorization Document (EAD) from USCIS and have been enrolled for at least a year.
You will need to qualify for an existing immigration pathway, such as family sponsorship, a humanitarian claim, or employer sponsorship.
