Post-Study Work Permit in USA

Navigating the landscape of post-study work permits in the USA can be complex but rewarding for international students who aspire to gain professional experience and potentially build a career in the United States. Upon completing their studies, international students have several options to stay and work in the USA, which include programs like Optional Practical Training (OPT), the H-1B visa, and various pathways to permanent residency. Each of these options has specific eligibility requirements, application processes, and benefits that cater to different student needs and career goals.

Optional Practical Training (OPT)

Eligibility: F-1 visa holders are eligible to apply for Optional Practical Training (OPT), which allows them to work in the USA for up to 12 months after completing their academic program. Students in STEM (Science, Technology, Engineering, and Mathematics) fields are eligible for a 24-month extension, making it a total of 36 months of work authorization. To qualify, students must have been enrolled full-time for at least one academic year in a certified program.

Application Process:

1. Timing: Students can apply for OPT up to 90 days before and up to 60 days after completing their degree.
2. Form I-765: Submit the "Application for Employment Authorization" (Form I-765) to the United States Citizenship and Immigration Services (USCIS) along with the necessary supporting documents, including Form I-20 endorsed by the Designated School Official (DSO) within the last 60 days.
3. Fee Payment: Pay the application fee required by USCIS.
4. Employment Authorization Document (EAD): Once approved, students receive the EAD, which allows them to begin working.

Key Points:

• Pre-completion OPT: Available but any time used will be deducted from the post-completion OPT period. Pre-completion OPT allows part-time work (20 hours or less per week) while school is in session and full-time work during breaks.
• Post-completion OPT: Must be full-time employment (at least 20 hours per week).
• Job Relevance: OPT employment must be directly related to the student’s major area of study.
• Maintaining F-1 Status: Students must maintain their F-1 status and report any changes in employment or address to their DSO.

H-1B Visa, Convert F1 visa to H1B Visa

For international students looking to transition from an F-1 student visa to a work visa, the H-1B visa is a popular option. The H-1B visa allows US employers to hire foreign workers in specialty occupations that require specialized knowledge and a bachelor's degree or higher.

Eligibility: To be eligible for an H-1B visa, international students must have a job offer from a US employer in a specialty occupation. The job must require at least a bachelor's degree in a specific field, and the applicant must possess the necessary education, skills, and experience to perform the job.

Application Process:

1. Employer Petition: The US employer must file Form I-129, "Petition for a Nonimmigrant Worker," on behalf of the applicant.
2. Labor Condition Application (LCA): The employer must obtain certification from the Department of Labor (DOL) by submitting an LCA to ensure that hiring the foreign worker will not adversely affect the working conditions of US workers.
3. Annual Cap and Lottery: There is an annual cap on H-1B visas. USCIS conducts a lottery to select the petitions that will be processed each year. The cap is currently set at 65,000 visas, with an additional 20,000 visas for applicants with a master’s degree or higher from a US institution.

Key Points:

• Cap Exemptions: Exceptions to the H-1B cap include applicants working for higher education institutions, non-profit research organizations, or government research organizations.
• Validity and Extension: The H-1B visa is initially valid for up to three years and can be extended for a maximum of six years.
• Prevailing Wage: The offered position must pay at least the prevailing wage for that occupation in the geographic area where the job is located

Permanent Residency (Green Card), Convert F1 visa to green card

International students seeking to change their status from an F-1 visa to permanent residency (green card) in the USA can do so through various pathways, primarily employer sponsorship and self-petitioning for those with extraordinary abilities.

Employer Sponsorship: Many international students obtain permanent residency through employer sponsorship. Employers can sponsor their employees by filing for employment-based immigrant visas under categories such as EB-2 (for advanced degree professionals) or EB-3 (for skilled workers).

Self-Petition: Exceptional candidates may qualify for the EB-1A visa for individuals with extraordinary abilities, allowing self-petitioning without employer sponsorship. This requires substantial evidence of extraordinary ability, such as national or international awards, publications, and significant contributions to the field.

Application Process:

1. Labor Certification: For most employment-based green card categories, the employer must obtain a labor certification from the DOL, which involves proving that there are no qualified US workers available for the position.
2. Form I-140: The employer files Form I-140, "Immigrant Petition for Alien Worker," with USCIS.
3. Adjustment of Status: Once the priority date is current, the applicant can file Form I-485, "Application to Register Permanent Residence or Adjust Status," to become a lawful permanent resident.

Key Points:

• EB-1A: Does not require labor certification and allows for self-petitioning.
• EB-2 and EB-3: Typically require labor certification and employer sponsorship.
• Processing Time: The process can take several years, depending on visa availability and processing times.

National Interest Waiver (NIW)

The National Interest Waiver (NIW) is a provision under the EB-2 category that allows international students to change their status from an F-1 visa to permanent residency without needing a job offer or labor certification if their work is deemed to be in the national interest of the United States.

Eligibility Requirements:

1. Advanced Degree or Exceptional Ability: The applicant must hold an advanced degree (master’s or higher) or demonstrate exceptional ability in their field.
2. National Interest Criteria: The applicant must meet the three-prong test established by USCIS:
   • The proposed endeavor has substantial merit and national importance.
   • The applicant is well-positioned to advance the proposed endeavor.
   • It would be beneficial to the United States to waive the requirements of a job offer and thus the labor certification.

Application Process:

1. Form I-140: File Form I-140, "Immigrant Petition for Alien Worker," with supporting documentation demonstrating how the applicant meets the NIW criteria.
2. Evidence: Provide detailed evidence of the applicant's qualifications, including publications, citations, awards, and letters of recommendation from experts in the field.
3. Adjustment of Status: Once the priority date is current, file Form I-485, "Application to Register Permanent Residence or Adjust Status," to become a lawful permanent resident.

Key Points:

• No Job Offer Required: The NIW allows applicants to self-petition without needing a job offer from a US employer.
• Beneficial for Researchers and Entrepreneurs: The NIW is particularly beneficial for researchers, entrepreneurs, and individuals in fields that contribute significantly to the national interest, such as healthcare, technology, and environmental sciences.

Curricular Practical Training (CPT)

Eligibility: CPT is available for F-1 students who have completed one academic year of full-time study and is integral to their major or academic program. CPT allows students to work off-campus in their field of study while still enrolled in their academic program.

Application Process:

1. Program Requirement: CPT must be part of an established curriculum and either required for the degree or offer course credit.
2. DSO Approval: Students must receive approval from their DSO and obtain a new Form I-20 indicating the CPT authorization.
3. Employment Authorization: CPT employment authorization is granted by the DSO, not USCIS.

Key Points:

• Part-Time and Full-Time CPT: Part-time CPT is limited to 20 hours per week while school is in session. Full-time CPT is allowed during breaks and can exceed 20 hours per week.
• Impact on OPT: Using more than 12 months of full-time CPT eliminates eligibility for post-completion OPT

Benefits and Considerations

• Networking and Experience: OPT and CPT provide valuable opportunities for international students to gain practical experience, network with potential employers, and demonstrate their skills in a real-world setting.
• Travel Flexibility: Students on OPT can travel within the USA, allowing them to explore different parts of the country.
• Path to Permanent Residency: Work experience gained through OPT and CPT can help students secure employer sponsorship for an H-1B visa or green card. This practical experience is highly valued by US employers and can significantly enhance an international student's resume.
• Maintaining Status: It is crucial for international students to maintain lawful F-1 status, avoid violating US laws or university codes of conduct, and ensure their documentation is always up to date. Regular communication with their DSO is essential to remain compliant with immigration regulations

Advice on Consulting with a Law Firm

Before starting any application process for post-study work permits or permanent residency, it is highly advisable for international students to consult with a reputable immigration law firm. Immigration lawsBefore starting any application process for post-study work permits or permanent residency, it is highly advisable for international students to consult with a reputable immigration law firm. Immigration laws and procedures can be complex and subject to frequent changes. An experienced immigration attorney can provide personalized guidance, help navigate the application processes, ensure compliance with all legal requirements, and increase the chances of a successful outcome. Legal experts can also help in understanding the nuances of different visa categories, eligibility requirements, and strategic planning for long-term career and residency goals in the USA.

Obtaining a post-study work permit in the USA involves navigating several options and requirements, including OPT, H-1B visas, and pathways to permanent residency. It is crucial for international students to stay informed about the latest regulations and work closely with their university’s international student office and immigration attorneys to ensure compliance and maximize their opportunities in the USA.

Disclaimer: The information provided on ApplyOne, including this article, is intended for general informational purposes only and does not constitute legal advice. Students are advised to seek professional legal counsel to discuss their unique circumstances and receive personalized advice. For comprehensive information and guidance, students should consult the USCIS website and their institution’s Designated School Official (DSO).