Post Study Work Visa in the USA

According to an Open Doors report published for the year 2023-24, the total number of international students who stayed back in the country to gain valuable work experience through OPT reached nearly 250,000 students, which is a record high.

The Post Study Work Visa in the USA, commonly referred to as the Optional Practical Training (OPT) programme, is a game-changer for graduates. The US offers OPT as part of the F1 Student Visa, which allows students to work in the country for up to 12 months after completing their studies, and up to 36 months for STEM graduates.

With the USA being home to some of the world's largest and most innovative companies across different sectors, this opportunity offers a golden ticket to students to kickstart a global career.

Types of Student Visas Required for Post Study Work Permit in USA

Depending on the type of student visa you have used to enter and study in the US, the post-study opportunities will vary. Moreover, the US has also determined special instances for certain visa holders to be able to stay back for a longer duration. Let’s look into the different types of student visas and their respective post study work opportunities in USA.

How to Get Post-Study Work Visa in USA

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 in USA, like the Optional Practical Training (OPT). The US offers work authorisation as part of the F1 visa and does not actually offer a separate visa for post study work opportunities.
• Full-Time Enrollment: Students enrolled in a full-time Bachelor’s, Master’s or PhD programme will be eligible for the OPT.
• Field of Study: The OPT employment must be directly related to the student's major field of study.
• Timing: Post-completion OPT must be applied for within 60 days of completing your programme, but you can also apply as early as 90 days before your programme’s end date.

OPT 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:
  • Completed Form I-765
  • Two passport-sized photos (meeting USCIS specifications)
  • Copy of your Form I-94 (arrival/departure record)
  • Copy of your passport and F-1 visa
  • Copy of your Form I-20 with OPT endorsement
  • 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 for OPT Application Process

• Processing Time: USCIS generally takes 90-120 days 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 to OPT Application

• 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 to Apply for OPT Application

• Early Application: Initiate the application process as soon as you are 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.

Types of OPT

Optional Practical Training (OPT) allows students on an F1 visa in USA to work temporarily in a job related to their major. Ideally, international students are offered up to 12 months of post study work permit on standard OPT, and can be used either as pre-completion OPT or post-completion OPT. Outlined below are the two types of OPT:

• Pre-completion OPT: You can apply for pre-completion OPT after completing one full academic year at a SEVP-approved institution. You do not need to have been an F-1 student for the entire year, so even if you were on another visa before and have completed one full academic year, 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 during vacation periods.
• Post-completion OPT: You can apply for post-completion OPT after finishing your studies if your visa authorises you to participate in post-study work. During this period, students must either take up part-time work (at least 20 hours per week) or full-time work.

Note: Opting for pre-completion OPT time directly affects the duration of the post-completion OPT you can use. For example, if you have done 1 year of part-time pre-completion OPT, you will lose 6 months of full-time post-completion OPT. If you have completed 1 year of full-time pre-completion OPT, 1 year of full-time OPT will be reduced from the available duration.

STEM OPT Extension in USA

To tackle the need for skilled and qualified graduates in the field of Science, Technology, Engineering and Mathematics (STEM), the US government offers a STEM extension of 24 months over the existing 12 months of standard OPT. Here’s what you should know about the STEM extension for OPT in USA.

Eligibility for OPT Extension:

• STEM Degree Requirement: To qualify for the 24-month OPT extension, candidates must have graduated in a programme classified under the Science, Technology, Engineering, or Mathematics (STEM) field, as listed on the DHS STEM Designated Degree Programme List.
• Current OPT Status: When submitting the STEM OPT application, candidates must be completing their OPT duration.
• Employer Requirements: The employer must be enrolled in the E-Verify programme 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 authorisation 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, recommending the extension.

Steps to Apply for OPT Extension:

• Prepare Documentation: Gather the 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 Mistakes to Avoid:

• Late Application: Ensure to apply within the application window of 90 days before the end of the initial OPT period and the 60 days after the recommendation by the DSO for the OPT extension on SEVIS.
• Incomplete Documentation: Double-check all the documents and forms to ensure they are complete and accurate before submission. It is advisable to consult with the DSO to ensure you possess all the documents before submission.

How to Apply for OPT Extension?

Now that we have understood the basic requirements for the STEM OPT extension in the USA, we can complete the application process for the same, as highlighted below:

• Request DSO for Recommendation: Before the application, candidates must request the DSO to put in a recommendation for the OPT.
• 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 earned from a SEVP-approved institution.
• Automatic Extension: In case your OPT period expires before the STEM OPT application has been approved, an automatic extension of the employment authorisation will be implemented, provided the OPT extension application was filed before the expiration of the initial OPT period.

Best Practices for Maintaining Your US Visa Status

Maintaining your US visa status is crucial for ensuring that you stay compliant with immigration laws and avoid any legal complications, which could lead to cancellation of your visa and subsequent deportation as well.

Stay Informed and Compliant

• Regularly check for updates on the visa regulations and requirements through the official USCIS website and the Department of State. You can also connect with your DSO to ensure you remain compliant with the regulations.
• 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.
• In case of material changes to the employer's commitment or the student’s learning objectives, as highlighted in the form I-983.
• In case of termination, students must notify/report the event within 10 days. In this situation, STEP OPT candidates will be offered a total of 150 days of allowable unemployment.

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/permit in the USA offers international students valuable opportunities to gain practical work experience in their respective field of study. By understanding the eligibility criteria, application process, types of OPT, and the common mistakes to avoid in US student visas students can effectively leverage this visa to enhance their career prospects both within the USA and in the world as well. 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. Connect with AECC Counsellors today and get expert guidance on student visas and the post-study work opportunities you can avail in the USA.