Lana Oconnell
International students in the US are typically admitted on F-1 or M-1 visas, which are temporary and require the holder to leave the US within 60 days of completing their program. However, there are several ways to extend your stay in the US as an international student, including transferring your student visa status to legal residency, obtaining a work visa, or applying for permanent residency. Planning ahead is crucial, as some processes can take up to 90 days, and maintaining legal status is essential to avoid complications. Here are some options to consider for extending your stay in the US as an international student.
| Characteristics | Values |
|---|---|
| Student visa type | F-1 or M-1 visa |
| F-1 visa criteria | Enrolled as a full-time student, proficient in English or enrolled in English proficiency courses, sufficient funds for self-support, and maintenance of residence abroad |
| M-1 visa criteria | Enrolled in vocational or other non-academic programs (except language training) |
| F-1 visa duration | 60 days after completion of the program |
| M-1 visa duration | 30 days after completion of the program |
| Practical training employment | Requires DSO recommendation and USCIS authorization |
| Work without authorization | Forced to leave the US immediately and may not be able to re-enter |
| OPT (Optional Practical Training) | Temporary employment directly related to the student's area of study |
| OPT STEM extension | 24-month extension for students in science, technology, engineering, and mathematics |
| OPT work hours | Minimum of 20 hours per week or full-time (40 hours per week) |
| OPT application | Form I-765 for employment authorization, submitted with OPT application |
| OPT processing time | Up to 90 days for USCIS to process the application |
| Green card | Path to permanent residency, allowing work anywhere in the US and receiving financial benefits |
| H-1B visa | Sponsored by a US employer, but limited in duration |
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What You'll Learn
Student visa requirements
To stay in the US as an international student, you must obtain a student visa. There are two types of nonimmigrant student visas: F and M visas. The type of visa you need depends on your course of study and the type of school you plan to attend.
F-1 Visa (Academic Student)
The F-1 visa is for students enrolled in an "academic" educational program, a language-training program, or a degree, diploma, or certificate course at an accredited college, university, school, or other academic institution. F-1 students must be enrolled full-time and can only work when authorized by a Designated School Official (DSO) or U.S. Citizenship and Immigration Services (USCIS). F-1 students are eligible for curricular practical training (CPT) and optional practical training (OPT), which allows them to work part-time (minimum 20 hours per week) or full-time (40 hours per week) for a limited period. After completing their studies, F-1 students have 60 days to leave the country unless they apply for an extension or transfer to another school.
M-1 Visa (Vocational Student)
The M-1 visa is for students enrolled in vocational or other non-academic programs, excluding language training. M-1 students may engage in practical training only after they have completed their studies, and any off-campus employment must be authorized by the DSO and USCIS. M students have 30 days after completing their program to leave the United States.
- Enrolment in an approved school or institution: Your school must be approved by the Student and Exchange Visitors Program (SEVP) and authorized by the U.S. government to accept foreign students.
- Valid passport: Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements).
- Visa application fee: You may be required to pay a non-refundable visa application fee before your interview.
- English proficiency: You must be proficient in English or be enrolled in courses leading to English proficiency.
- Financial support: You must have sufficient funds to support yourself during your entire course of study.
- Non-immigrant intent: You must maintain a residence abroad with no intention of giving it up.
- Form I-20: Your DSO must sign your Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," within the last year.
- SEVIS Fee: You must have paid the I-901 SEVIS Fee on your Form I-20.
- Visa interview: You will be interviewed by a consular officer to determine your eligibility for a student visa.
- Visa issuance fee: After your visa is approved, you may need to pay a visa issuance fee, depending on your nationality.
It is important to maintain your student visa status by fulfilling the purpose of your visa and following associated regulations. Additionally, stay updated on federal regulations and visa guidelines, as OPT rules can change.
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Maintaining visa status
To maintain your visa status as an international student in the US, you must fulfil the purpose for which the Department of State issued your visa and follow the regulations associated with that purpose.
If you have an F or M student visa, your primary purpose is to study in the United States. F-1 students enrol in more traditional academic programs, while M-1 students enrol in vocational programs. As an international student, you must be enrolled as a full-time student at your chosen institution. You must also be proficient in English or be enrolled in courses that will lead to English proficiency. You must have sufficient funds to support yourself during your studies and maintain a residence abroad that you do not intend to give up.
It is important to be proactive in maintaining your visa status and keeping up to date with the latest federal regulations. Getting approval from USCIS and other immigration offices can take up to 90 days, so it is recommended that you submit your applications well in advance.
If you are an F or M student, your Designated School Official (DSO) should be the first point of contact if you have any questions regarding the legal requirements of your stay. Your DSO can assist in answering your questions or help you find someone who can. F-1 students should speak with their DSO if they plan to make any significant changes, such as changing their major, program, or degree level, transferring to a new school, or taking a leave of absence.
Additionally, if you plan to work during your studies, you must ensure that you have the proper authorization. F students may be eligible for curricular practical training (CPT) or optional practical training (OPT) during or following their program of study. CPT employment must be an integral part of the curriculum and directly related to the student's major area of study. OPT is temporary employment directly related to the student's area of study, and students must apply to USCIS for an Employment Authorization Document (EAD). For both CPT and OPT, students must obtain authorization from their DSO. Working without authorization will result in immediate removal from the United States, and re-entry may not be granted.
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Work visa options
International students in the US are typically on F-1 or M-1 visas, which are nonimmigrant visas for those who wish to travel to the US for a temporary stay. F-1 students are enrolled in more traditional academic programs, while M-1 students enroll in vocational programs.
F-1 students may be eligible to work off-campus in certain situations, such as severe economic hardship, but this must be authorized by the Designated School Official (DSO) and USCIS. F-1 students are also eligible for curricular practical training (CPT) at the undergraduate or graduate level, which must be an integral part of their curriculum and directly related to their major area of study.
Optional Practical Training (OPT) is another option for F-1 students, which allows them to work off-campus for a minimum of 20 hours a week or full-time (40 hours a week). OPT is temporary employment directly related to the student's area of study. To be authorized for OPT, students must have their Form I-20 endorsed for OPT and apply to USCIS for an Employment Authorization Document (EAD). The process can take up to 90 days, so it is important to apply early.
Students in STEM (science, technology, engineering, and mathematics) fields may be eligible for a 24-month extension of stay through the OPT STEM extension program. This program has a limited number of spots, and students must submit work authorization forms to USCIS to be deemed eligible.
After graduation, international students can apply for an H-1B visa or a green card. The H-1B visa will only allow a limited stay in the US, while a green card provides permanent residency and the ability to work anywhere in the country. Obtaining a green card can be challenging and may take many years, but international students have an advantage as they have already spent an extended period living in the US legally. One way to obtain a green card is through employer sponsorship, where a US employer sponsors an employee's green card petition. Alternatively, international students can "self-petition" for a green card.
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Green card eligibility
As an international student, you must meet specific criteria to be eligible for a Green Card, which is the first step towards permanent residency in the US. Here are the ways you can become eligible for a Green Card:
Employer Sponsorship
If you gain employment during your studies, your employer can sponsor you by applying for an EB-2 or EB-3 employment-based green card.
Asylum
If returning to your home country poses a danger to your well-being, you can petition for asylum. This process requires the assistance of an immigration lawyer, and USCIS reviews these petitions on a case-by-case basis.
Family Sponsorship
A relative who owns a business in the US can sponsor you. However, they must prove that you are being hired based on your qualifications, not just because of your familial relationship.
STEM OPT Extension
If you are studying science, technology, engineering, or mathematics (STEM), you may be eligible for a 24-month STEM OPT extension. This allows you to stay and work in the US for two years after graduation. To be eligible, you must apply for OPT and receive your Employment Authorization Document (EAD) from USCIS before starting work.
F-1 Visa
The F-1 Visa allows international students to enter the US as full-time students at accredited academic institutions. To maintain F-1 status, you must fulfil the purpose for which the visa was issued and follow associated regulations. F-1 students can also be eligible for curricular practical training (CPT) during their studies, which must directly relate to their major area of study.
M-1 Visa
The M-1 Visa is for international students enrolling in vocational or non-academic programs. M-1 students can engage in practical training after completing their studies, but any off-campus employment must be related to their area of study and authorized by the Designated School Official (DSO) and USCIS.
It's important to remember that maintaining your status as an international student or visa holder is crucial. This includes adhering to legal requirements, employment restrictions, and timely application submissions. Additionally, staying informed about changing immigration policies is essential to maintain your eligibility for various benefits associated with Green Card status.
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Practical training employment
International students in the US on an F-1 visa may be eligible for practical training employment, also known as Optional Practical Training (OPT). OPT is temporary employment directly related to the student's area of study. F-1 students can undertake CPT (curricular practical training) at the undergraduate or graduate level during their program of study. CPT employment must be integral to an established curriculum and directly related to the student's major area of study.
To be eligible for OPT, students must have their Form I-20 endorsed for OPT and apply to USCIS for an Employment Authorization Document (EAD). Students can begin the work permit process after being enrolled for nine months by applying for OPT, but they cannot start working until they receive their EAD and have been enrolled for at least a year. OPT employment must be for a minimum of 20 hours per week and can be full-time (40 hours per week). All OPT must be completed within 14 months of completing a degree.
Students in STEM (science, technology, engineering, and mathematics) may be eligible for a STEM OPT extension, allowing them to stay and work in the US for 24 months after graduation. This route is only available to a limited number of students. Students can work up to 20 hours per week while school is in session.
It is important to note that working without authorization will result in the student being forced to leave the US immediately, and they may not be able to re-enter at a later date.
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Frequently asked questions
You will need a student visa, either F or M, to study in the US. F-1 visas are for academic students, while M-1 visas are for vocational students.
You must be enrolled as a full-time student at an accredited institution, 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.
There are several options to extend your stay in the US after graduation, including applying for Optional Practical Training (OPT), which allows F-1 students to work temporarily in their field of study, or transferring your F-1 visa status to an H-1B visa or green card with the help of a sponsoring employer.
Speak with your Designated School Official (DSO) to understand the requirements and gather the necessary information for your application. You will need to submit Form I-765 for employment authorization along with your OPT application.
A green card is the key to permanent residency in the US. It allows you to work anywhere in the US, receive financial benefits, and live in the country indefinitely.
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