Land Your Dream Job: US Work Visas for F1 Students After Graduation
Many foreign students come to the US with the aim of securing a job after graduation. In addition to your skill sets and qualifications, it’s crucial to address immigration procedures early if you intend to work in the US after completing your studies.
In this blog, we will delve into the various US work visas for F1 students, helping them navigate the path towards realizing their American dream. Let’s get started.
F1 Student Visa Work Authorization after Graduation
1.OPT:
OPT, which stands for Optional Practical Training, allows F-1 students to work in the US for 12 months in their major field of study.
In this program, as an F1 student, you can apply for Pre-completion OPT to work full-time (when school is not in session) or part-time while studying. Additionally, you can apply for Post-completion OPT to work full-time or part-time (at least 20 hours a week) after graduation.
The total work authorization period granted in OPT is 12 months, so the pre-completion OPT period is deducted from the post-completion OPT period.
2. STEM-OPT:
If you are an F1 student who has graduated in a STEM field, you are eligible to apply for a STEM-OPT extension. STEM OPT provides work permits for foreign students for up to 24 months after your post-completion OPT period ends.
To apply for the STEM extension, in addition to your STEM degree, there are certain requirements:
- Your employer should be enrolled in and using E-verify.
- You should have been granted Post-completion OPT based on your STEM degree.
How can you work legally in the US after your OPT period?
After completing your OPT period, if you intend to continue working in the US legally, you will need a work visa. The most common US work visas for F1 students include the H1B, O1A, and Employment-Based Green Cards.
H1B Visa
This visa is a non-immigrant visa initially valid for 3 years to work and stay in the US legally. After the initial period, the H1B can be extended for up to 3 years. Beyond a six-year extension is possible under certain circumstances.
H1B Requirements:
To qualify for the H1B visa, you must meet the following criteria:
- You need a job from a US employer that requires specialized knowledge.
- Evidence of a bachelor’s degree or equivalent experience in that particular field.
- Your employer must prove that there were not enough qualified US workers available for that job role.
O1A Visa
This visa, classified as a non-immigrant visa, is generally issued for an initial period of up to three years.
It is a suitable US work visa for F1 students when they want to work for multiple employers, as the H1B visa allows you to work for only one employer.
Upon expiration, it is renewable indefinitely in one-year intervals, provided that the visa holder maintains eligibility and can demonstrate the ongoing necessity for work or activities in the United States that require extraordinary abilities.
O1A Requirements:
The O1A visa is tailored for individuals with exceptional abilities in the fields of science, education, business, or sports. To qualify for an O1A visa, one must meet at least three O1A criteria and demonstrate sustained national or international acclaim.
EB2-NIW Green Card
This green card, categorized under the Employment-based second preference visa, provides a pathway to obtain permanent residency in the United States.
EB2-NIW Requirements:
To qualify for EB2-NIW, you need to meet the following requirements:
You need an advanced degree or a bachelor’s degree with five years of work experience in the field, or you need to prove your exceptional ability by meeting at least 3 EB2 criteria.
Subsequently, you need to satisfy the three-prong test:
- Your proposed endeavor is of substantial merit and national importance.
- You are well-positioned to advance that proposed endeavor.
- On balance, it would be beneficial for the US to waive the job offer and labor certification.
EB1A Green Card
EB1A is designed for those possessing exceptional abilities across various domains, including but not limited to science, arts, education, sports, and business.
This green card is another type of US work visa for F1 students that offers a direct path to permanent residency in the US. EB1A doesn’t require a job offer or employer sponsorship.
EB1A Requirements:
To meet EB1A requirements, you need to satisfy three out of 10 EB1A criteria. Subsequently, you need to prove that you have received sustained national or international acclaim and that your achievements have been recognized in the field of endeavor.
Why is EB1A a top choice for recent graduates?
Let’s compare EB1A with other US work visa options to understand the benefits it offers over other visas
H1B vs EB1A: The H1B visa has a numerical cap limit of 85,000 visas per year, including an advanced degree cap exemption. In the H1B selection process, individuals are randomly chosen for assessment.
In contrast, with the EB1A visa, individuals are selected based on their merit rather than through a lottery system
O1A vs EB1A: The O1A visa allows you to work and stay in the US temporarily, and you need to prove your eligibility for O1A for 1-year increment renewals.
On the flip side, EB1A permits indefinite residency and employment in the US.
EB2-NIW vs EB1A: Although both green cards allow for self-petitioning, EB2-NIW falls under the EB2 category, which entails green card wait times of more than decades for Indians.
In contrast, EB1A offers shorter green card wait times for Indians, and the final action dates for EB1A advance more swiftly in the monthly visa bulletins.
Conclusion
If you are an F1 student, you can start preparing for an EB1A green card earlier. At some point in time, your profile may be eligible for an O1A visa. So, obtaining an O1A visa first is advisable, as the EB1A processing time varies depending on the priority date of the country of origin.
Therefore, preparing for EB1A is the right choice for F1 students, as the H1B selection process is random and highly competitive.
I hope this blog helps to explore the different types of US work visas for F1 students. Choose the one that meets your needs.
If you are seeking guidance to build a compelling EB1A profile, consider exploring
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