Douglas Olsen
The length of time an international student can stay in the US depends on the type of visa they hold and their plans after graduation. F-1 students must leave the US within 60 days of their graduation date, but they can extend their stay by applying for Optional Practical Training (OPT), which allows them to work and train in the US for up to 12 months. Students with STEM degrees can also request an additional 24 months. J-1 visas, on the other hand, can be valid for a few months to several years, depending on the program. For instance, a J-1 visa for a Camp Counselor program is typically valid for four months, while Research Scholar and Au Pair programs may require visas that are legitimate for several years. Students can also pursue other paths to extend their stay, such as applying for an H-1B visa or a green card, which can lead to permanent residency.
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F-1 visa extensions
International students in the US on an F-1 visa are enrolled in academic or English Language programs at a US university or college. To maintain their F-1 status, students must sustain a full-time course load.
F-1 visas expire when a student is no longer enrolled in college. However, new graduates can apply for an Optional Practical Training (OPT) extension or STEM OPT extension to stay in the US legally after graduation. OPT is a form of temporary employment directly related to the graduate's program of study. Students can work and train in the US for up to 12 months on an OPT visa. Students with STEM-related degrees can request an additional 24 months on their OPT visa.
Students may need to extend their F-1 status for academic, medical, or administrative reasons. Designated School Officials (DSOs) can extend a student's program of study before the program end date in the Student and Exchange Visitor Information System (SEVIS). SEVIS allows for an extension period of up to one year.
F-1 visa holders must leave the US within 60 days of their program's end date. If students wish to extend their stay in the US, they should speak to a DSO to learn about their options, including transferring to another school.
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OPT and STEM OPT
International students in the US on an F-1 visa are typically permitted to stay in the country for up to 60 days after completing their academic program. However, there are ways to extend your stay in the US after graduation, such as through an Optional Practical Training (OPT) program or by transferring to another school.
OPT is a form of temporary employment directly related to an F-1 student's major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before or after completing their academic studies. Students who have earned a degree in certain Science, Technology, Engineering, and Mathematics (STEM) fields may also be eligible for a 24-month extension of their post-completion OPT, known as the STEM OPT extension.
To apply for OPT, students must submit Form I-765, Application for Employment Authorization, along with the required fee and supporting documentation. The process can take up to 90 days, and employment must be authorised before beginning any pre- or post-completion OPT. Additionally, students must have their Designated School Official (DSO) recommend OPT and satisfy reporting requirements.
For the STEM OPT extension, students must have earned a bachelor's, master's, or doctoral degree from an accredited and SEVP-certified institution. Employers must also complete Form I-983, Training Plan for STEM OPT Students, and be enrolled in E-Verify. The STEM OPT extension provides an additional 24 months of OPT, allowing students to stay and work in the US for a more extended period.
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J-1 visa duration
The duration of a J-1 visa depends on the program you choose. The J-1 visa is for educational and cultural exchange programs designated by the Department of State. There are over a dozen different classifications, ranging from au pair to camp counselor to trainee. For example, if you are on a Camp Counselor program, you will likely stay in the US for four months during the summer, whereas Research Scholar and Au Pair programs may require J-1 visas that are legitimate for several years.
The J-1 visa has a travel grace period, allowing holders to remain in the US for 30 days beyond their program end date. Exchange visitors are admitted for the duration of their program plus these 30 days. This grace period does not permit employment. Additionally, visitors cannot enter the US more than 30 days before their program start date.
The maximum duration of a J-1 visa varies by category. For trainees, the maximum duration is 18 months. For interns and hospitality interns, the maximum is 12 months. Professors and research scholars can stay for up to 5 years. It is possible to extend your J-1 visa to the maximum regulatory duration, but this is difficult and requires approval from the Department of State.
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H-1B visa
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations, such as those requiring expertise in fields like IT, finance, accounting, architecture, engineering, and more. It is designed to help employers fill specialised roles when a qualified US worker is not available.
The H-1B visa is typically issued for three years and can be extended for a total of six years. However, in some cases, individuals may be able to obtain H-1B status beyond the six-year limit under specific conditions outlined in the American Competitiveness in the 21st Century Act (AC21). This includes situations where 365 days or more have passed since the filing of a labour certification or an EB immigrant petition (I-140).
To obtain an H-1B visa, the employer must first file a petition with the US Citizenship and Immigration Services (USCIS) on behalf of the prospective employee. The employer must demonstrate that the visa is not available as of the date of filing the petition. Once the petition is approved, the prospective employee can apply for the H-1B visa at a US consulate or embassy.
It's important to note that H-1B visa holders are bound by specific requirements and restrictions. For example, H-1B workers can only work for the sponsoring employer and must maintain their non-immigrant status. Additionally, H-1B visas have an annual numerical limit, with 65,000 new visas issued each fiscal year, along with 20,000 additional visas for those with a master's degree or higher from a US institution.
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Green card
International students on an F-1 visa are typically allowed to stay in the US for up to 60 days after completing their academic program. However, there are several ways to extend one's stay in the country and eventually gain permanent residency.
Optional Practical Training (OPT)
An F-1 visa holder can stay in the US legally after graduation by applying for an OPT extension. OPT allows international students to stay in the US for up to a year after graduation to gain practical work experience. This can be extended further if the student's field of study is in a STEM subject.
H-1B Visa
The H-1B visa is a common way for international students to extend their stay in the US after graduation. It allows the holder to live and work in the US for up to six years. To be eligible, the applicant must prove that they are uniquely qualified for the position due to their field of study. After five years of employment, the employer can file for employment-based permanent residency, which will extend the H-1B visa's six-year limitation.
A green card is the final goal for many international students who wish to work and live in the US indefinitely. It allows the holder to work anywhere in the US, receive financial benefits, and live in the country permanently. However, green cards are highly sought-after and may take many years to obtain.
There are several ways for international students to obtain a green card:
- Employment-based green card: An international student can apply for an EB-2 or EB-3 employment-based green card with the help of their employer. The EB-2 visa requires at least five years of work experience in the US, while the EB-3 visa requires a minimum of two years.
- Family sponsorship: If the student has an immediate family member living in the US who is eligible to sponsor them, this can be an effective way to obtain permanent residency.
- Fiancé visa: The student can apply for a fiancé visa if they plan to marry a US citizen and can later apply for a green card once married.
- Military service: While serving in the US military does not directly lead to a green card, it can provide an accelerated path to citizenship as the residency requirement is waived.
- Self-petition: International students can also "self-petition" for a green card without employer or family sponsorship.
It is important to note that the process of obtaining a green card can be complex and time-consuming, and it is recommended to seek guidance from the international student department of one's university or an immigration lawyer.
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Frequently asked questions
International students in the US on an F-1 visa are permitted to stay for up to 60 days after their graduation date.
You can apply for an Optional Practical Training (OPT) extension or a STEM OPT extension to your F-1 visa, allowing you to stay in the US legally and gain work experience. You can also apply for an H-1B visa, which allows you to live and work in the US for a maximum of six years.
Obtaining a green card is the best way to become a permanent resident. While it may take several years, international students have an advantage in receiving green card status as they have already spent an extended period living in the US legally.
