Your Comprehensive Guide to Post-Study Stay Back Options & Permanent Residency in the USA

Work Visa in the USA

Optional Practical Training

If you're already a holder of an F1 visa in the USA, half of your work is done. This USA visa will allow you to work after graduation for up to one year or 12 months. If you have graduated with a STEM (Science, Technology, Engineering, Mathematics) degree, you will be permitted to stay and work in the USA for 36 months. Furthermore, you have two choices while applying for an OPT. One is either a Pre-Completion OPT or a Post-Completion OPT.

The pre-completion OPT is for students who are working and studying at the same time. So they could still be attending classes and working. You can only apply for your pre-completion OPT if you are enrolled in school for one full academic year. If approved, you are only allowed to work part-time for 20 hours per week during semesters. During breaks or holidays, you are permitted to work full time.

At the same time, you can apply for the post-completion OPT after your graduation. However, if you have done a pre-completion OPT for some time, it will be deducted from your post-completion OPT.

Eligibility:

To apply for OPT, applicants must fulfil the following criteria:

• Possess a valid F-1 visa;
• Enrolled as a student in a recognized U.S. educational institution;
• Must be in school for at least 1 academic year;
• Must work part-time if applying for a pre-completion OPT;
• Must work in a field relevant to your degree
• No criminal record during your time in the U.S.;
• Eligible for an Employment Authorization Document (EAD);
• Must not have completed a 12-month full-time Curricular Practical Training (CPT);
• Must not be enrolled in the English as a Second Language course.

This visa is for non-immigrants who wish to pursue a work permit in the USA. Many students start with an OPT extension on their F1 visa and eventually apply for an H1-B visa to increase their work experience in the USA for a more extended period. This is essentially a work visa in the USA that allows you to stay back in the country for up to 3 years. There is also a possibility to extend this stay up to a total of 6 years. However, this work permit in the USA must be sponsored by your employer. Furthermore, this visa has a cap of 65,000 visas per year.

This visa is also called a Specialty Occupations Visa; applicants must have special knowledge in the field where they wish to work.

Eligibility -

• Must have completed a bachelors degree (or higher) in the field of their speciality occupation from a recognized and accredited university.
• Or hold a foreign degree equivalent to a bachelor's degree or higher in the field of the speciality occupation.
• Must have an employer to sponsor your visa application
• Must have additional experience, or training in the speciality occupation

The USA affords a lot of fresh opportunities and a unique outlook for international students. A significant part of the visas mentioned above is that international students can gradually apply for a Green Card to stay permanently in the U.S. The country is also a significant hub for Indian students. A Green Card can be available to international students if they already have a family member who can sponsor them. Another way is to ask your employer to support you. Or, you can also apply for a Green Card if you have invested in a U.S. – based business that will positively impact the country's employment status.

Additionally, one can also apply for a Green Card through special statuses such as seeking asylum, being a victim of abuse, extraordinary immigrant, etc. Once issued, this card is valid for 10 years, during which you can also apply for U.S. citizenship.

While getting a work permit or work visa in the USA may not be a lengthy process for most students, applying for a Green Card might be. Applicants must be patient and keep an open mind to understand the processes and requirements carefully. All documents will be verified stringently, so you must avoid even minimal mistakes as such in applications.

1.) Can you stay in the USA after your studies?

Yes, of course. International students can apply for an OPT extension on their F1 visa. Or, you can also apply for a work permit in the USA with H1-B access. If you want to stay longer and imagine a life in the USA, you can apply for permanent residency through Green Card.

2.) Can I get a work permit after studying in the USA?

Yes. Permits and visas are available to work in the USA for Indian students and other international students from around the world. They can increase their work experience and further think about applying for permanent residency as non-immigrant. One of the significant work permitted opted by a majority of students is the OPT.

3.) Can students get a green card in the USA?

Students can apply for a Green Card in the USA under specific categories such as: through job/employment, investing in a US-based business, or if you are sponsored by your immediate or closest family member, if you seek asylum/refugee, and if you are a victim of abuse.

4.) How long can you stay in the USA after graduation?

It depends on the work permit or visa you are applying for. With an OTP extension on an F1 visa, you can stay for 12 months, or 36 months, in case of STEM OTP. With an H1-B visa, you can stay for 3 years and extend it to 6 years. Or, if you are applying for a Green Card, it is valid for ten years as a permanent residency. Afterwards, you can also apply for U.S. citizenship.

5.) What is the age limit for permanent residency in the USA?

For students, you typically have to be 18 or above to apply for a Green Card for permanent residency in the USA. If you are sponsoring someone else, the rules will differ according to the categories of Green Card and the regulations set by the U.S. government.