May means graduation season for U.S. colleges and universities. Hopefully, for those international students on an F-1 visa that are graduating, they have selected a path forward if they would like to remain in the U.S. after completing their education.
For those students on an F-1 visa that now find themselves one year closer to graduation, now is the time to start planning for a potential post-education life in the U.S. What are some of the available options?
Optional Practical Training (OPT)
One of the most accessible and widely used options for recent graduates is Optional Practical Training (OPT). OPT allows F-1 students to work in the U.S. for up to 12 months in a job directly related to their major area of study. Students in science, technology, engineering, and mathematics (STEM) fields are eligible for a 24-month extension, allowing for a total of 36 months of work authorization.
OPT does not require employer sponsorship, but students must apply before or shortly after graduation and adhere to strict application timelines and reporting rules. It serves as a valuable stepping stone, giving graduates time to gain real-world experience and potentially transition into long-term employment through a work visa.
Impact of Curricular Practical Training (CPT) on OPT
While not a post-graduation option, Curricular Practical Training (CPT) is worth mentioning because of its role in career preparation as well as its impact on post-graduate OPT. CPT allows students to work off-campus in internships or cooperative education programs that are integral to their course of study. This experience can help students build a professional network and position themselves for job offers upon graduation. However, students should note that using 12 months or more of full-time CPT makes them ineligible for OPT.
H-1B
Many graduates aim to stay in the U.S. longer-term by obtaining an H-1B visa, a nonimmigrant visa for specialty occupations that require at least a bachelor’s degree. To qualify, graduates must receive a job offer from a U.S. employer willing to sponsor them. The H-1B program has an annual cap of 85,000 visas, with 20,000 reserved for individuals holding U.S. master’s degrees or higher. If the number of applicants exceeds the cap, as is common, USCIS conducts a lottery.
Many students rely on OPT to remain in the U.S. while applying for an H-1B and may qualify for a “cap-gap” extension that allows them to continue working legally until their H-1B status begins. Once on H-1B, visa holders must maintain their position with the sponsoring company. If they are laid off or terminated, they have only 60 days to find a new position and sponsor.
EB-5 Investor Visa Program
For those with significant financial resources, the EB-5 Immigrant Investor Program offers a direct path to a green card. Under this program, individuals can obtain permanent residency by investing a minimum of $800,000 (in targeted employment areas) in a new commercial enterprise that leads to the creation of at least ten full-time jobs for U.S. workers. While this route is not practical for some recent graduates, it often appeals to students from high-net-worth families.
EB-5 has no specific work requirements and visa holders do not have to worry about holding onto a job that they no longer enjoy. Additionally, all EB-5 set-aside categories for EB-5 are current for all countries, F-1 visa holders can adjust status when they file their EB-5 petition.
Navigating the transition from F-1 status to long-term residency in the United States requires careful planning, often beginning well before graduation. Each option comes with its own set of rules, deadlines, and eligibility criteria. Students are strongly encouraged to consult with their school’s international student office and, when possible, a qualified immigration attorney to develop a strategy that aligns with both their professional goals and immigration objectives.
The above article is intended for informational purposes only and is not based upon any specific set of facts. Anyone with specific questions or issues concerning EB-5 or H1-B should consult an immigration attorney.
