Staying In The Us: Options For International Students

how can international students stay in the us

International students who wish to stay in the US after graduation can apply for an OPT extension, which allows them to work in the country for up to 12 months. Students with STEM degrees can also request an additional 24 months of OPT. To be eligible for a student visa in the US, applicants must be enrolled in an academic, language-training, or vocational program at a school approved by the Student and Exchange Visitor Program. They must also demonstrate English proficiency and have sufficient funds to support themselves during their studies. While studying, international students on F and M visas must attend all classes and maintain academic progress. After graduation, students can apply for a work visa through OPT or seek other pathways to permanent residency, such as employer or family sponsorship.

Characteristics Values
Student visa type F-1 (Academic Student) or M-1 (Vocational Student)
Requirements Enrolled in an "academic" educational program, a language-training program, or a vocational program
School must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
Must be enrolled as a full-time student
Must be proficient in English or be enrolled in courses leading to English proficiency
Must have sufficient funds for self-support during the entire course of study
Must maintain a residence abroad with no intention of giving up
OPT Off-campus employment opportunity for F-1 students
Allows students to work in the US for up to 12 months after graduation
Students with STEM-related degrees can request an additional 24 months
H-1B Visa Allows students to stay for a limited number of years
Green Card Requires employer sponsorship, relative sponsorship, or seeking asylum

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Student visa requirements

International students wishing to study in the US will generally need a student visa. There are two non-immigrant visa categories: the F and M visas. The F-1 visa is for full-time international students pursuing academic studies, while the M-1 visa is for full-time international students pursuing vocational studies.

To obtain an F-1 visa, you must be enrolled as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution. Your program must culminate in a degree, diploma, or certificate, and your school must be authorized by the US government to accept foreign students. Additionally, you must meet the following requirements:

  • Proficiency in English or be enrolled in courses leading to English proficiency
  • Sufficient funds available for self-support during the entire course of study
  • Maintenance of a residence abroad with no intention of giving it up

The M-1 visa is for students in vocational or other non-academic programs, excluding language training. Similar to the F-1 visa, you must be enrolled as a full-time student and meet the same English proficiency, financial, and residence requirements.

Students with F or M visas must also ensure that their school is approved by the Student and Exchange Visitors Program, Immigration, and Customs Enforcement. Additionally, international students with F visas must depart the US within 60 days after the program end date listed on Form I-20, unless an extension is requested through USCIS.

It is important to note that F and M visas are non-immigrant visas, meaning they do not provide a direct path to permanent residency. However, international students can explore other options, such as employer sponsorship or seeking asylum, to extend their stay in the US after graduation.

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OPT and CPT extensions

International students on an F1 visa can gain practical work experience in their field of study through Curricular Practical Training (CPT) or Optional Practical Training (OPT). While both programs allow international students to gain work experience, they have some key differences.

CPT extensions

CPT is a type of work/study, internship, or cooperative training program that is integral to the student's major and is required by their academic program. CPT must be authorized by a Designated School Official (DSO) on a part-time or full-time basis, in accordance with school policies. The DSO will provide the student with a Form I-20, which serves as a "Certificate of Eligibility for Nonimmigrant Student Status." This form indicates that the DSO has approved the student for employment. CPT can be completed multiple times, and there is no limit to the number of CPT programs a student can participate in. However, the amount of CPT a student can undertake depends on their school, academic program, and employer's offer.

Full-time CPT is defined as up to 40 hours per week, while part-time CPT is up to 20 hours per week. Students who engage in full-time CPT must maintain a full course of study during the academic year. It is important to note that 12 months of full-time CPT will make a student ineligible for OPT before or after graduation. Therefore, students who wish to maintain their OPT eligibility should opt for part-time CPT, which does not affect OPT eligibility.

OPT extensions

OPT provides temporary work authorization for F-1 students from accredited colleges or universities to gain practical work experience related to their field of study. OPT can be used pre-completion, allowing students to work up to 20 hours per week during the academic year, or post-completion, enabling students to work full-time after they graduate. To be eligible for OPT, students must have been full-time students for a minimum of one year and seek employment related to their major.

The OPT application process involves requesting a recommendation from the DSO, who will update the SEVIS and I-20 form. Students must then complete Form I-765 and send it to USCIS, along with the required documents and a filing fee. Once USCIS approves the application, students will receive an Employment Authorization Document (EAD) and can begin their OPT program.

STEM majors may be eligible for a 24-month STEM OPT extension, allowing them to extend their post-completion OPT. To apply for the STEM OPT extension, students must complete Form I-983, "Training Plan for STEM OPT Students," with their prospective employer. The DSO will then provide a new Form I-20 indicating their recommendation for this training opportunity. Students must apply for work authorization by filing Form I-765 with USCIS and paying the filing fee.

In summary, while both CPT and OPT provide valuable opportunities for international students to gain work experience, the programs differ in terms of eligibility requirements, timing, and authorization processes. CPT is generally completed before graduation and is required by the academic program, while OPT can be used before or after graduation and is not a requirement for the degree.

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Green card options

International students in the US are typically admitted on non-immigrant student visas, such as the F visa or M visa, which do not provide a direct route to permanent residency. However, there are several options available for international students who wish to obtain a green card and stay in the US:

Employment-Based Sponsorship

If you find employment during your studies, your employer can sponsor you for an employment-based green card. The employer must submit supporting documentation, including proof of your qualifications and the job offer, to the United States Citizenship and Immigration Services (USCIS). The two main visa categories for this route are EB-2 and EB-3. Your employer must also file a petition and offer you a full-time, permanent position.

Family Sponsorship

If you have a relative in the US who owns a business, they can sponsor you by proving that you are being hired based on your qualifications and not solely due to your familial relationship.

Asylum

If returning to your home country poses a danger to your well-being, you can petition for asylum. This process typically requires the assistance of an immigration lawyer, and USCIS reviews these petitions on a case-by-case basis.

EB-1 Visa

If you have extraordinary achievements in fields such as science, education, arts, business, or athletics, you may qualify for an EB-1 visa, which can be a pathway to obtaining a green card.

US EB-5 Visa Program

The EB-5 visa program offers international students greater access to educational institutions in the US and provides financial benefits during and after their studies. Green card holders under this program are eligible for domestic tuition rates, saving international students a significant amount of money.

It is important to note that obtaining a green card as an international student can be challenging, and there may be significant obstacles and uncertainties along the way. Additionally, maintaining your student status as an F-1 visa holder is crucial if you plan to pursue any of these options.

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Practical training employment

International students in the US on F1 visas are allowed to work in the country under certain conditions. One option is to pursue Curricular Practical Training (CPT), which is a form of work/study, internship, or cooperative education programme that is an integral part of an established curriculum or academic programme. CPT must be completed while the student is still enrolled at their college or university and can be full-time (over 20 hours per week). To qualify for CPT, students must be enrolled full-time for one year on valid F1 status and receive approval from their Designated School Official (DSO). CPT is only available for students pursuing degrees in certain fields, such as science, technology, engineering, or mathematics (STEM).

Another option for F1 students is Optional Practical Training (OPT), which can be completed during or after a student's programme of study. OPT is a form of training, often paid, that directly relates to a student's programme 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 Authorisation Document (EAD) from the United States Citizenship and Immigration Services (USCIS). OPT allows students to work in the US for up to 12 months, with an additional 24-month extension available for STEM graduates.

M-1 students, who are enrolled in vocational or other non-academic programmes, are only eligible for one type of paid training with an employer, referred to as Practical Training (PT). PT must directly relate to the student's programme of study and can only be undertaken after programme completion. M-1 students earn one month of PT eligibility for every four months of enrolment and must obtain authorisation from the USCIS before participating.

It is important to note that the process of gaining employment authorisation as an international student in the US can be complex, with many specific requirements and restrictions. Students should seek guidance from their school's International Student Office or DSO to ensure they are complying with all necessary regulations.

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Post-graduation work visas

International students are usually admitted on non-immigrant student visas, such as the F visa (for college, university, high school, and elementary students) or the M visa (for vocational students). These visas do not provide a direct route to permanent residency, which can be challenging for international graduates who wish to remain in the US.

One way for international students to obtain a work visa in the US after graduation is through the Optional Practical Training (OPT) program. OPT is an off-campus employment opportunity for F-1 visa students, allowing them to gain hands-on experience in their major field of study. Students can work for up to 20 hours per week during their studies and up to 40 hours per week during university holidays. To be eligible for OPT, students must be enrolled full-time and have prior authorization from the International Student Office.

Post-completion OPT allows graduates to work in the US for up to 12 months. Students who have graduated with a STEM degree can request an additional 24 months of OPT, extending their stay in the US by three years. To apply for an OPT extension, students should have their Designated School Official (DSO) enter an OPT request and complete a certification process at their university.

After completing OPT, international graduates can pursue other pathways to remain in the US, such as employer sponsorship or family sponsorship. However, obtaining a green card can be challenging due to its high demand and long processing times. Alternatively, graduates with a job offer may consider applying for an H-1B visa, which is granted for an initial period of three years and can be extended for another three years.

Frequently asked questions

You will need a student visa, either F or M visa, to study in the US. F visas are for academic students, while M visas are for vocational students.

To be eligible for an F visa, you must be 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. You must also be enrolled as a full-time student, be proficient in English or enrolled in courses leading to English proficiency, have sufficient funds to support yourself during your studies, and maintain a residence abroad.

One option is to apply for OPT (Optional Practical Training), which allows recent graduates to work in the US for up to 12 months. If you have a STEM degree, you may be eligible for a 24-month OPT extension. After completing OPT, you will need to qualify for an existing immigration pathway (such as family sponsorship or a humanitarian claim) or find an employer who can sponsor you for a visa.

You can begin the work permit process nine months after enrolling in your program, but you cannot start working until you receive your Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS) and have been enrolled for at least a year. You should speak with your Designated School Official (DSO) to learn more about your options and gather the necessary information for your application.

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