Lori Meadows
International students who wish to remain in the United States after graduation must apply for a visa extension or a new visa. The type of visa and application process will depend on the student's situation, such as whether they are seeking employment or continuing their education. The most common visa options for international students after graduation include the F-1 visa with an Optional Practical Training (OPT) extension, the H-1B visa for workers in specialty occupations, and the EB-3 visa for skilled workers. Each visa has specific requirements and limitations that students should carefully consider before applying. Additionally, students may explore alternative pathways to extend their stay, such as family sponsorship or military service. Understanding the available visa options and their requirements is crucial for international students aiming to remain in the United States after completing their studies.
| Characteristics | Values |
|---|---|
| Visa type | F-1, OPT, H-1B, EB-2, EB-3, M, J, R-1, B |
| Who is it for? | International students who have graduated from a US institution |
| Requirements | Depends on the visa type; F-1 visa requires acceptance by a US institution of higher education that is Student Exchange and Visitor Program (SEVP)-certified |
| Duration | F-1 visa is valid until the student completes their course; OPT is valid for up to 12 months with a 24-month extension for STEM graduates; H-1B is granted for an initial period of 3 years with a possible extension of 3 years |
| Work authorization | OPT allows graduates to work in their field of study for up to 12 months; H-1B is a non-immigrant work visa for specialty occupations and requires employer sponsorship |
| Application process | For F-1 visa, students must apply at a U.S. Embassy or Consulate and present Form I-20; for OPT, students must submit Form I-765, Application for Employment Authorization, to USCIS |
| Other information | Students on an F-1 visa are only permitted to stay in the US for 60 days after graduation; students must pay the SEVIS I-901 fee and may need to pay a visa issuance fee |
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What You'll Learn
F-1 visa extensions and OPT
The F-1 visa is a non-immigrant visa for international students who wish to study in the United States. To obtain an F-1 visa, you must first be enrolled at an SEVP-approved school. Once enrolled, you will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the SEVIS I-901 fee. After paying the fee, you will receive Form I-20, which you must present at your visa interview.
The F-1 visa is typically valid for the duration of your studies, but it can be extended with an Optional Practical Training (OPT) extension. OPT allows recent graduates to gain practical work experience in their field of study. To be eligible for an OPT extension, you must first have a valid F-1 visa and be enrolled at a SEVP-recognised institution. The OPT is not a visa class on its own but an extension of the F-1 visa, allowing graduates to work in the US for up to 12 months.
The OPT extension can be applied for before or after graduation. However, any pre-completion OPT will be deducted from the available period of post-completion OPT. Additionally, the OPT extension must be undertaken within 14 months of receiving your degree. If you use up all your OPT time during your studies, you may have fewer visa options to remain in the US after graduation.
For students who have earned degrees in Science, Technology, Engineering, and Mathematics (STEM) fields, a STEM OPT extension is available, offering an additional 24 months on top of the standard OPT period. This means that STEM graduates can stay and work in the US for up to 36 months after graduation. To be eligible for the STEM OPT extension, you must have earned a degree included on the STEM Designated Degree Program List and be employed by an employer enrolled in and using E-Verify.
It is important to note that there are travel regulations governing F-1 students on OPT. If you leave the country after completing your degree but before receiving your Employment Authorization Document (EAD) and obtaining a job, you may not be readmitted to the US. Therefore, it is recommended to have all the necessary documents before leaving the country after graduation.
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Employment-based immigrant visas
International students in the US who want to stay and work after graduation can apply for an employment-based immigrant visa. There are five key types of employment-based visas: EB-1, EB-2, EB-4, EB-5, and H-1B. Here is some detailed information about each type of visa:
EB-1 Visa
The EB-1 visa is for individuals with "extraordinary ability" in specific fields, such as business, academia, research, science, arts, or athletics. This visa does not require labour certification. The family members of EB-1 visa holders can apply for admission to the US on E-14 or E-15 immigrant status if the EB-1 holder has an approved I-140 (green card) form.
EB-2 Visa
EB-2 visas are for professionals with advanced degrees, a foreign degree equivalent, or at least ten years of experience in their field. It is also for those whose employment falls under the "national interest" of the US. Labour certification is required for most EB-2 applicants. Family members of EB-2 visa holders can apply for admission through E21 or E22 forms if the EB-2 holder has an approved I-140 (green card) form.
EB-4 Visa
EB-4 visas are for specific groups, including certain religious workers, employees of US foreign service posts, retired employees of international organizations, and noncitizen minors under the care of US courts. Labour certification is not required for this visa type.
EB-5 Visa
EB-5 visas are Immigrant Investor visas. They are available to individuals who invest either $1.8 million in a new commercial enterprise that employs at least ten full-time US workers or $900,000 in a new commercial venture in a targeted employment area that employs at least ten full-time US workers. Investors and their families are eligible for green cards, and labour certification is not required.
H-1B Visa
The H-1B visa is granted for an initial period of three years and can be extended for an additional three years, up to a maximum of six years. Spouses and minor children of H-1B visa holders can obtain H-4 visas, which allow them to accompany the primary applicant to the US and enrol in school but not work.
It is important to note that the process of obtaining an employment-based immigrant visa can be complex and time-consuming, and specific requirements and procedures may vary depending on the visa type and individual circumstances. It is always advisable to consult official government sources and seek expert advice for the most accurate and up-to-date information.
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H-1B visas
The H-1B visa is a non-immigrant visa that allows employers in the United States to hire foreign professionals in "specialty occupations". These specialty occupations require at least a bachelor's degree or its equivalent, and eligible applicants must hold this qualification. The visa is valid for an initial period of three years, extendable to a maximum of six years. After this period, the visa holder must either leave the US or reapply.
The H-1B visa is typically used by employers to hire foreign workers in fields such as mathematics, engineering, technology, and the medical sciences. The number of H-1B visas issued each fiscal year is capped at 65,000, with an additional 20,000 visas available for foreign professionals who hold a master's degree or doctorate from a US institution. The H-1B visa fee includes a $500 "anti-fraud fee", paid by the employer when applying.
The H-1B visa is also subject to an electronic registration process, requiring basic information about the employer and each unique beneficiary. The passport or travel document provided must be the same as the one used by the beneficiary to enter the US. The initial registration period is a minimum of 14 calendar days each fiscal year.
The H-1B visa has been criticised for allegedly enabling discrimination against US citizens and permanent residents. In 2021, Facebook settled a claim with the Department of Justice, agreeing to pay a $4.75 million civil penalty and set aside $9.5 million for eligible victims.
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EB-3 visas
International students can work in the US after graduation by obtaining an F1 visa with an OPT extension. This allows them to work and train in the US for up to 12 months. Students with a STEM degree can apply for a STEM OPT extension, which allows them to stay and work in the US for 24 months after graduation. Alternatively, students can transfer their F1 visa status to an H-1B visa, which allows them to work and live in the US for up to 6 years.
Another option for international students to work in the US after graduation is to obtain an EB-3 visa. This is an employment-based immigrant visa that allows foreign workers to live in the US and obtain permanent residency. EB-3 visas are for professionals, skilled workers, and unskilled workers. To be eligible, skilled workers must be capable of performing skilled labour requiring at least 2 years of training or experience, and professionals must hold at least a bachelor's degree. The job opportunity must also meet any educational, training, or experience requirements.
The EB-3 visa requires a job offer from a US employer. The employer must demonstrate that there are no qualified US workers available for the position and offer a wage that meets the prevailing wage for the occupation in the specific geographic area. The EB-3 visa process involves several stages, each with its own timeframe. First, the employer must file Form I-140 ("Immigrant Petition for Alien Worker"), which currently has an average processing time of 7.7 months. Once this is approved, the applicant must wait for a visa number to become available. During this time, the applicant is assigned a priority date, which determines when they can proceed with their application.
The EB-3 visa allows applicants to include their spouse and unmarried children under 21 years old in their initial application as derivative beneficiaries. These family members can also apply for derivative visas, which allow them to live and work in the US during the employment-based immigration process. Once the EB-3 visa holder becomes a permanent resident, they can apply for green cards for their eligible family members.
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Family sponsorship
For international students in the US, family sponsorship may allow them or their family members to live and work in the US after graduation. US citizens can sponsor family members, including spouses, children, parents, and siblings. Family members can apply for a visa or permanent residency, depending on their circumstances. For example, a spouse of a US citizen can apply for a temporary visa, such as an H-4 visa, which allows them to live and work in the US. On the other hand, a parent of a US citizen may be eligible for permanent residency and a green card.
The process of family sponsorship varies depending on the specific circumstances. If an international student wants to remain in the US through family sponsorship, they should consider seeking guidance from an immigration specialist. Fragomen, for instance, is an organization that offers comprehensive immigration solutions and guidance for individuals and their families. They can help streamline the complex US immigration process and file the required paperwork.
Additionally, the type of student visa an international student holds may impact the process of family sponsorship. For instance, with an F-1 visa, students can work on campus without a work permit but need authorization for off-campus employment. Dependents of F-1 students cannot work but can enroll in part-time study programs. In contrast, J-1 visas allow students to engage in work and study-related exchange programs, and their dependents are permitted to work and study both part-time and full-time. After graduating, J-1 students must return to their home countries within 30 days if they do not have any extensions.
It is important to note that family sponsorship is just one option for international students seeking to remain in the US after graduation. Other options include extending their student visa, applying for a work visa, or seeking employment-based immigration.
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Frequently asked questions
An F-1 visa is a non-immigrant visa for full-time students who are enrolled in an academic educational program, a language-training program, or a vocational program. F-1 students may not work off-campus during the first academic year but may accept on-campus employment. After the first academic year, F-1 students may engage in three types of off-campus employment. F-1 visas expire when the student is no longer enrolled in college, but they can be extended with an Optional Practical Training (OPT) extension, which allows graduates to work in the US for up to 12 months.
An M-1 visa is for students in vocational or other non-academic programs, other than language training. M-1 students may engage in practical training only after they have completed their studies.
The H-1B visa is a non-immigrant visa for workers in specialty occupations that require someone with a degree in a specific field. It is granted for an initial period of 3 years and can be extended for an additional 3 years, for a maximum of 6 years.
Other options include the EB-3 visa for skilled workers, the R-1 religious worker visa, and the EB-2 visa for those with an employer willing to help them apply for an employment-based green card. International students may also be able to work for the military or seek asylum.
