Post Study Work Visa in USA

Did you know that over 50% of international students in the USA take advantage of post-study work opportunities to gain practical experience in their field?

The Post Study Work Visa in the USA, commonly referred to as the Optional Practical Training (OPT) program, is a game-changer for graduates. This visa allows students to work in the U.S. for up to 12 months after completing their studies, and up to 36 months for STEM graduates.

With the U.S. being home to some of the world's largest and most innovative companies, this visa offers a golden opportunity to kickstart a global career.

Pursuing a post-study work visa in the USA allows international students to gain valuable work experience in their field of study after graduation. Understanding the eligibility criteria, application process, required documents, and common challenges is crucial for successfully navigating this process.

Eligibility Criteria

• F-1 Visa Status: You must hold an F-1 student visa to be eligible for post-study work options like Optional Practical Training (OPT).
• Full-Time Enrollment: You must have completed your degree program in the U.S. as a full-time student.
• Field of Study: Your OPT employment must be directly related to your major field of study.
• Timing: Post-completion OPT must be applied for within 60 days of completing your program, but you can also apply up to 90 days before your program end date.

Application Process

• Apply for OPT: Begin by submitting Form I-765 (Application for Employment Authorisation) to the United States Citizenship and Immigration Services (USCIS). Ensure that your application is submitted no earlier than 90 days before your program ends and no later than 60 days after.
• SEVIS Update: Request your Designated School Official (DSO) to update your SEVIS record and issue a new Form I-20 indicating the OPT recommendation. This step is crucial for the processing of your application.
• Gather Required Documents:

1. Completed Form I-765
2. Two passport-sized photos (meeting USCIS specifications)
3. Copy of your Form I-94 (arrival/departure record)
4. Copy of your passport and F-1 visa
5. Copy of your Form I-20 with OPT endorsement
6. Mail Your Application: Send your complete application package to the designated USCIS lockbox based on your residence. Double-check that all forms and documents are accurate and complete to avoid delays.

Timeline

• Processing Time: USCIS generally takes 2-5 months to process OPT applications. Given the variability in processing times, early application is recommended.
• Start Date: You can request your OPT start date to be any time between 1 and 60 days after your program end date. Choose a start date that aligns with your post-graduation plans.

Challenges

• Delays in Processing: Processing times can vary significantly. To mitigate risks, apply as early as possible within the allowed timeframe.
• Job Search: You must secure employment within 90 days of your OPT start date to maintain your F-1 status. The job must be related to your field of study.
• Work Authorisation: All employment under OPT must be directly related to your academic major. Non-compliance can risk your visa status.

Tips

• Early Application: Initiate the application process as soon as you're eligible to avoid potential delays.
• Consult DSO: Maintain regular contact with your DSO to ensure that your documentation is accurate and up to date.
• Backup Plans: Have contingency plans in case of delays in processing or challenges in securing a job.
• Track Your Application: Use the USCIS case status tracker to monitor the progress of your OPT application.

When planning to stay in the USA for work after your studies, understanding the different types of student visas is crucial. The primary visas are the F-1, J-1, and M-1 visas, each with its specific rules regarding post-study work opportunities. Here’s a comparative overview:

Optional Practical Training (OPT) allows F-1 visa-holder students to work temporarily in a job related to their major. Students can apply for up to 12 months of OPT, either before they finish their studies (pre-completion) or after graduation (post-completion).

Optional Practical Training (OPT) allows F-1 students to gain work experience related to their major. You can use OPT in two main ways:

• Pre-completion OPT: You can apply for pre-completion OPT after completing one full academic year at a SEVP-approved institution. You don’t need to have been an F-1 student for the entire year, so even if you were on another visa before, you can still qualify.

  With pre-completion OPT, you can work part-time (up to 20 hours a week) during school sessions and full-time when school is not in session.

• Post-completion OPT: You can apply for post-completion OPT after finishing your studies. During this period, you must work at least 20 hours per week if part-time, or full-time otherwise.

Keep in mind that any pre-completion OPT time reduces the amount of post-completion OPT you can use. For example, if you’ve done 1 year of part-time pre-completion OPT, you’ll lose 6 months of full-time post-completion OPT. If you’ve done 1 year of full-time pre-completion OPT, you won’t be eligible for any additional post-completion OPT.

Here's a brief overview of obtaining a work permit in the U.S. after studying on an F-1 visa:

What is OPT?

• Allows F-1 students to work in the U.S. in their field of study.

Eligibility

• Must have completed one academic year at a SEVP-approved institution.

Application Process

• Apply through USCIS using Form I-765. Include SEVIS number, passport copy, and a recent photo.

Duration

• Up to 12 months; STEM graduates can get an additional 24 months.

Types

• Pre-completion OPT: During studies.
• Post-completion OPT: After graduation.

Navigating the OPT extension process can significantly enhance your career prospects in the U.S., especially if you’re in a STEM field.

Eligibility for OPT Extension:

• STEM Degree Requirement: To qualify for a 24-month OPT extension, your degree must be in a Science, Technology, Engineering, or Mathematics (STEM) field listed on the DHS STEM Designated Degree Program List.
• Current OPT Status: You must be in a valid period of post-completion OPT when applying for the extension.
• Employer Requirements: Your employer must be enrolled in the E-Verify program and provide a formal offer of employment or other evidence of current employment related to your field of study.

When to Apply:

• Application Timing: You can apply for the OPT extension up to 90 days before your current OPT authorization expires. The application must be filed before the expiration of your initial OPT period.
• Application Window: The application for the STEM OPT extension must be submitted within 60 days of your Designated School Official (DSO) updating your SEVIS record to recommend the extension.

Steps to Apply for OPT Extension:

• Prepare Documentation: Gather required documents, including Form I-765, Form I-20 with STEM OPT recommendation, proof of employment, and the E-Verify Employer Compliance.
• File with USCIS: Submit your application through USCIS either online or by mail, including the application fee.
• Receive Receipt Notice: Once your application is processed, you will receive a receipt notice from USCIS.

Common Pitfalls to Avoid:

• Late Application: Ensure to apply within the allowed 90-day window to avoid delays or potential denial of the extension.
• Incomplete Documentation: Double-check all documents and forms to ensure they are complete and accurate before submission.

To apply for an OPT extension, follow these steps:

• File Form I-765: Complete this form and submit it with the correct application fee.
• Provide Employer Information: Include your employer’s name as listed in E-Verify and their E-Verify Company Identification Number or valid E-Verify Client Company Identification Number.
• Submit Form I-20: Ensure it’s endorsed by your Designated School Official (DSO) within the last 60 days.
• Attach a Copy of Your STEM Degree: Include proof of your STEM degree.

Additional Notes:

• Automatic Extension: If you file your STEM OPT extension application on time, your employment authorisation is automatically extended for 180 days if your OPT expires while your application is pending.
• Limitations: This automatic extension ends once USCIS processes your STEM OPT extension application. F-1 students with pending STEM OPT extension applications are not eligible for the temporary increase in the automatic extension period under the final rules published on May 4, 2022, and April 8, 2024.

The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. This visa is designed for professionals in certain fields like IT, engineering, and healthcare.

Eligibility Criteria :

• The H-1B visa allows for temporary employment in the U.S. while also enabling employers and employees to explore the possibility of permanent employment and green card applications.
• The job must be a professional role requiring specialised skills, and the employee must hold at least a bachelor’s degree in the relevant field or its equivalent.
• There must be a genuine "employer-employee" relationship, meaning the employer must pay a regular salary and meet or exceed the prevailing wage for the position. The employee should also receive standard benefits.
• Employers must ensure there are no labour disputes, such as strikes or lockouts, affecting the occupation for which the H-1B employee is hired.
• If employment ends before the H-1B status expires, the employer must cover the return transportation costs for the employee.
• The H-1B visa is specific to the employer, job position, and location. Employees cannot switch employers without a new H-1B petition and approval from USCIS. Unauthorised work can risk future immigration and employment opportunities.

Application Process

Step 1: Submit Labor Condition Application (LCA)

• For specialty occupations and fashion model petitions, the employer or agent must submit an LCA to the Department of Labor (DOL) for certification. Check the Foreign Labor Certification page for details on LCA requirements and the DOL process.

Step 2: File Form I-129 with USCIS

• The employer or agent files Form I-129, Petition for a Nonimmigrant Worker, at the designated location or online. The DOL-certified LCA should be included with Form I-129 if the petition is for specialty occupations or fashion models. Refer to the Form I-129 instructions for detailed filing requirements.

Step 3: Visa and Admission Application

• After Form I-129 is approved, the prospective H-1B worker outside the U.S. must apply for an H-1B visa at a U.S. embassy or consulate if a visa is required. Regardless of visa requirements, the worker must also apply for admission to the U.S. in H-1B status with U.S. Customs and Border Protection (CBP).

Maintaining your US visa status is crucial for ensuring that you stay compliant with immigration laws and avoid any legal complications.

Stay Informed and Compliant

• Regularly check updates on visa regulations and requirements through the official USCIS website and Department of State.
• Adhere to the conditions of your visa, including employment restrictions and reporting changes in your status.

Maintain Valid Documentation

• Ensure your passport, visa, and I-94 records are up-to-date and valid.
• Keep copies of all immigration-related documents, including Form I-20 or DS-2019, and ensure they are correctly endorsed.

Report Changes Promptly

• Notify your Designated School Official (DSO) or Responsible Officer (RO) of any changes in your address, employment, or personal status.
• Report any legal issues or violations to your campus international office immediately.

Understand Employment Rules

• Verify that any work, including internships, aligns with the terms of your visa.
• Obtain proper authorisation for any changes in employment status or job roles.

Seek Assistance When Needed

• Utilise campus resources such as international student offices or advisors for guidance on maintaining your visa status.
• Contact legal assistance or immigration attorneys if you encounter issues or have questions about your status.

Common Mistakes to Avoid

• Avoid overstaying your visa or engaging in unauthorised employment.
• Ensure you file timely extensions or updates to avoid lapses in your visa status.

The Post-Study Work Visa (PSWV) in the USA offers international students valuable opportunities to gain practical work experience in their field of study. By understanding the eligibility criteria, application process, and types of OPT, students can effectively leverage this visa to enhance their career prospects.

Staying informed about the latest updates and maintaining compliance with visa regulations are crucial for a smooth transition from academic to professional life in the US.

Ready to make your study abroad dreams a reality? Contact AECC for expert guidance on your Post-Study Work Visa and start your journey towards a successful career in the USA! Visit our website or reach out to our team today for personalised support.