Lori Meadows
International students who want to remain in their host country after graduation should begin exploring their options for work visas and permanent residency before they graduate. In the US, international students on an F-1 visa can legally work for up to one year after graduation through the Optional Practical Training (OPT) program, and STEM majors can extend this for up to two more years. After OPT or STEM OPT expires, international students have 60 days to leave the US or find alternative work authorization. In Canada, international students whose study permits are expiring and who want to stay in the country temporarily can apply for a visitor record, but they cannot apply for a post-graduation work permit after switching to a visitor record.
| Characteristics | Values |
|---|---|
| International students in the US on an F-1 visa can work legally for | Up to one year after graduation |
| Students with a STEM degree can extend their stay for | Up to two more years |
| International students with an F or M visa should speak with their | Designated School Official (DSO) |
| Students with an F-1 visa can apply for | EB-2 NIW or EB-1A employment-based green cards |
| Students with an F-1 visa who want to stay in the US temporarily can apply for | O-1 visas |
| Students who want to stay in the US permanently can apply for | EB-2 NIW employment-based green cards |
| International students in Canada can apply for a | Visitor record |
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What You'll Learn
Work visas and permanent residency options
International students wanting to remain in the US after graduation should begin to explore work visa and permanent residency options before they graduate. The process can be overwhelming, and the sooner one starts, the better.
International students on an F-1 visa can legally work in the US for up to one year after graduation through the Optional Practical Training (OPT) program, while certain STEM majors can extend OPT for up to two more years. OPT allows undergraduate and graduate international students to start working right after graduation or even before they finish their degrees. However, once OPT expires, international students only have 60 days to leave the US or find alternative work authorization.
The four most common temporary work visas are the H-1B, E-2, TN, and O-1A. The H-1B visa is the most popular temporary work visa and lasts six years with the possibility of extension and application for permanent residency. The E-2 visa is a good option for student entrepreneurs, but the applicant must be from a treaty country and invest a significant amount of seed money into their company. They must also own at least 50% of the company. The TN visa is a good option for international students from Canada or Mexico, lasting three years with the option to renew indefinitely. However, unlike the H-1B and E-2, it is more challenging to apply for permanent residency with a TN visa. The O-1A is a temporary work visa for individuals with extraordinary abilities and is a good option for student entrepreneurs, as there are no specific degree or income requirements.
For international students seeking permanent residency, the two best employment-based green card options are EB-2 NIW and EB-1A. Each visa and green card has different qualifications, application requirements, and processing times.
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Temporary visitor status
International students who wish to enter the United States must obtain a visa. There are two types of visas: a nonimmigrant visa for temporary stays, and an immigrant visa for permanent residence. The type of visa an international student needs depends on the course of study and the type of school they plan to attend. An F visa or an M visa is required for international students to enter the US to study.
International students on an F-1 visa can legally work in the US for up to one year after graduation through the Optional Practical Training (OPT) program. Certain STEM majors can extend OPT for up to two more years. After OPT or STEM OPT expires, international students have 60 days to leave the US or find alternative work authorization.
A Temporary Visitor is defined as anyone who is not immigrating to or permanently residing in the United States. These visitors have US Department of Homeland Security (DHS) documentation that supports their legal status in the country. Visitors with a B1/B2 visa are not permitted to accept employment or work in the United States. A B-1 visitor visa can be applied for by those who wish to work in the United States as personal or domestic employees for their employers in limited situations. Citizens of Canada and Bermuda generally do not require visas to enter the US for temporary business purposes.
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OPT and STEM OPT
F-1 students who have received degrees in certain Science, Technology, Engineering, and Mathematics (STEM) fields may apply for a 24-month extension of their post-completion Optional Practical Training (OPT) employment authorization. This is known as the STEM OPT extension.
To be eligible for the STEM OPT extension, students must have earned a bachelor's, master's, or doctoral degree from a school that is accredited by a U.S. Department of Education-recognized accrediting agency and certified by the Student and Exchange Visitor Program (SEVP). The degree must be in a STEM field included on the STEM Designated Degree Program List. Additionally, students must be employed by an employer enrolled in and using the E-Verify employment verification system.
To apply for the STEM OPT extension, students must submit Form I-765, Application for Employment Authorization, up to 90 days before their current OPT employment authorization expires. They must also submit Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, endorsed by their Designated School Official (DSO), and a copy of their STEM degree. The DSO will recommend the OPT by endorsing the Form I-20 and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS).
It is important to note that if a student's STEM OPT application is rejected or denied while they are traveling, they may not be permitted re-entry to the U.S. in F-1 status and may not be able to return to work. Additionally, authorization for OPT is automatically terminated if the student is physically absent from the U.S. for more than five months.
OPT is temporary employment directly related to an F-1 student's major area of study. Eligible students can apply for up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their studies (post-completion). Pre-completion OPT allows students to work 20 hours or less per week during the school session and full time when school is not in session. Post-completion OPT requires students to work part-time (at least 20 hours per week) or full time. All OPT must be directly related to the student's major area of study.
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F-1 student status
To maintain their F-1 status, students must fulfil the purpose for which the Department of State issued their F-1 visa and follow associated regulations. This includes attending and passing all classes, maintaining a full course load, and not taking any action that detracts from their academic purpose. Students who need to drop a course or take a break from school should first consult with an Academic Advisor and may need to request approval for a Reduced Course Load (RCL) or Leave of Absence (LOA).
F-1 students wishing to bring their spouse and/or children to the US can learn about obtaining F-2 status and the necessary documentation. Additionally, students seeking employment can explore work visa options before graduation to leverage their time in college and meet qualifications for competitive visas. Some common temporary work visas include the H-1B, E-2, TN, and O-1A, while the EB-2 NIW and EB-1A are options for permanent residency.
It is important to note that recent changes in US immigration policy have made it more challenging to correct an immigration status violation. Therefore, F-1 students should be diligent in maintaining their status and seek guidance from their university's international student services or competent legal counsel for specific advice regarding their situation.
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The role of mentors
For international students, mentors can play a pivotal role in shaping their academic and professional careers. Mentors are particularly important for international students who often face unique challenges, such as navigating a new cultural and educational system, dealing with language barriers, and adapting to a different learning environment.
Firstly, mentors can provide guidance and support to international students as they adjust to life in a new country. This includes helping them understand the academic requirements and expectations of their host institution, as well as offering advice on practical matters such as housing, transportation, and cultural integration. Mentors can also facilitate social connections and help international students build a support network of friends and colleagues, which can be crucial for their overall well-being and sense of belonging.
Secondly, mentors are instrumental in helping international students navigate the complexities of visa and immigration processes. As evident in the context of international students in the US, the process of securing a work visa or extending their stay can be demanding and time-consuming. Mentors, particularly those with relevant experience, can guide students through the various visa options, such as the F-1 visa, OPT (Optional Practical Training), or STEM OPT for graduates with STEM-related degrees. Mentors can offer insights into the requirements, application processes, and potential challenges, ensuring that students initiate the necessary steps in a timely manner.
Additionally, mentors can provide career counselling and professional development support. They can assist international students in exploring career options, developing employability skills, and connecting them with industry professionals or alumni networks. Mentors with industry connections can also facilitate introductions, increasing students' chances of securing internships or employment. This aspect is especially valuable for international students aiming to build long-term careers in their host country, as mentors can offer insights into the local job market and help them navigate any unique challenges faced by international job seekers.
Lastly, mentors can act as cultural brokers, helping international students understand and navigate cultural differences in academic and professional settings. They can offer advice on communication styles, workplace etiquette, and cross-cultural collaboration, enabling international students to develop cultural competency skills that will benefit them throughout their academic and professional journeys.
In conclusion, mentors play a multifaceted role in supporting international students. By providing guidance, support, and access to professional networks, mentors can significantly enhance the academic and career trajectories of international students, helping them successfully navigate the challenges of studying and working in a foreign country.
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Frequently asked questions
International students on an F-1 visa can work in the US for up to one year after graduation through the Optional Practical Training (OPT) program. STEM majors can extend OPT for up to two more years.
After OPT expires, international students have 60 days to leave the US or find alternative work authorization. To stay in the US, you will need a US work visa. The most common temporary work visas are H-1B, E-2, TN, and O-1A.
A green card permits you to work anywhere in the US, receive financial benefits, and live in the US indefinitely.
