You, an F-1 student, have gone through several grueling years of intense studies. A diploma from an American university is in sight. Unless you plan to return to your home country, you might be wondering what’s next. How can you prolong your stay in the U.S., maybe even build a future towards citizenship? We discuss below one common immigration path for F-1 students – from OPT, to H-1B, to PERM.
Optional Practical Training (“OPT”)
Students who have completed their studies can prolong their stay through OPT. This program allows students to work and apply what they learned to a field closely related to their studies. OPT applications are done through the school’s Designated School Official, or DSO. An F-1 student can typically reach the DSO by first speaking with the school’s international students office or similar department.
OPT periods granted after students complete their studies typically go up to 12 months. Be aware that any use of the OPT program while a student was still studying can shorten that total duration. Those who earned a degree in science, technology, engineering, or math can apply for an additional 24-months extension, aggregating a total OPT period of 36 months.
Besides valuable work experience, OPT provides an excellent opportunity for recent graduates to build rapport with employers. That rapport may then yield other immigration options such as the H-1B status.
H-1B
H-1B is a nonimmigrant status for skilled workers. An employee may not petition for H-1B themselves. Instead, they must rely on an employer to act as the H-1B petitioner. In very simple terms, the H-1B petition asserts to immigration authorities that a job opening is available, that the opening requires at least a four-year U.S. bachelor’s degree or equivalent, and that a non-U.S. worker who meets the job requirement can fill the opening.
Due to H-1B’s popularity, there are typically more petitions than visas available. As such, U.S. Citizenship and Immigration Services relies on a randomized lottery system to decide who may submit H-1B petitions each year. Employers must electronically register in March and put the beneficiary’s name into the lottery. Those who “win” the lottery may then submit the H-1B petition. Those not so lucky can try again next year.
H-1B status is typically granted for an initial period of three years, and it may be extended one time for another three years, for a total of six years.
H-1B comes with a couple of features that make it a good stepping stone towards permanent residency. It’s one of the few “dual-intent” visas that, among other things, makes international travel easier while an employee pursues a green card. In limited circumstances, having a pending PERM application or a pending/approved immigrant visa application for a set period may even allow the H-1B to be extended beyond the usual six-year maximum. Those extensions can be vital for those born in countries with long visa backlogs, particularly India and China.
Program Electronic Review Management (“PERM”)
Like the H-1B, PERM and subsequent application for EB-2/ EB-3 visa are filed by employers acting as petitioners for employees. PERM centers around a test of the U.S. labor market. Petitioning employer is required to take several recruitment steps to first ensure there are no qualified U.S. workers available for a specific job opening. Applications from qualified U.S. workers may only be turned down for “lawful, job related reasons.” Employer must then report to the Department of Labor, via the PERM system, that no qualified U.S. worker is available. If DOL agrees, it will issue a Labor Certification, paving ways for an immigrant visa.
The PERM process is time-consuming, often taking over a year and some months. This is why employers typically secure another status (like H-1B) for an employee first, ensuring the employee can remain in the U.S. for the next few years, before considering PERM.
An Immigration Path
When we combine OPT, H-1B, and PERM in sequence, an immigration path for F-1 students emerges. A student who is graduating may speak with their schools’ DSO to explore OPT both to extend their stay and work. With OPT, the graduate then obtains employment in a field relevant to their studies. Building a good rapport with superior skills and work ethics, the graduate-turned-employee then convinces the employer to sponsor for H-1B and PERM.
Is This Path Right for You?
If you are considering this immigration path, start by asking yourself these few questions:
- Will I have a job closely related to my studies lined up right after graduation?
- Will my employer be interested in at least sponsoring me for the H-1B, or another similar work visa? Are they willing to bear the cost of hiring an attorney and paying the appropriate filing fees?
- Can I get my employer to sponsor me for PERM? If not, do I foresee transferring to another employer who will sponsor me?
Of course, this is by no means the only path to permanent residency. Depending on one’s unique situation, several potential immigration options may apply. Some may become permanent residents through marriage. Those with financial means may become permanent residents through careful investment. Because of the many options and challenges inherent in each, students who wish to live and work in the U.S. for the long term should consider working with an experienced attorney.
If you have more questions, Contact Us. We are here to help.