How to Get a Work Permit After Graduation in the USA

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The United States offers several opportunities for international students to remain in the country and work after completing their studies. The most common pathway to obtaining a work permit is through programs like Optional Practical Training (OPT) and Curricular Practical Training (CPT), followed by applying for work visas such as the H-1B visa. This guide outlines the steps and options available for international students to secure a work permit in the USA after graduation.

1. Optional Practical Training (OPT)

OPT is a temporary work authorization available to international students on an F-1 visa, allowing them to gain practical work experience in their field of study. OPT can be used both during and after a degree program, but most students apply for Post-Completion OPT after graduation.

Key Features of OPT:

  • Eligibility: Available to F-1 students who have been enrolled in a U.S. educational institution for at least one full academic year.
  • Duration: Standard OPT is granted for 12 months. However, students in STEM (Science, Technology, Engineering, and Mathematics) fields can apply for a 24-month extension, making the total duration up to 36 months.
  • Job Relevance: The work performed under OPT must be directly related to the student’s field of study.
  • No Sponsorship Required: Unlike other work visas, OPT does not require employer sponsorship. Students apply directly through their designated school official (DSO) and the U.S. Citizenship and Immigration Services (USCIS).

Steps to Apply for OPT:

  1. Request OPT Recommendation: Contact your school’s international student office to get an OPT recommendation from your DSO. They will update your Student and Exchange Visitor Information System (SEVIS) record and issue an updated Form I-20 with the OPT recommendation.
  2. File Form I-765: Submit Form I-765 (Application for Employment Authorization) to USCIS. Along with the form, you’ll need to provide supporting documents, including:
    • A copy of the updated Form I-20.
    • A copy of your passport.
    • Two passport-sized photos.
    • The required application fee.
  3. Receive the Employment Authorization Document (EAD): Once approved, you will receive an Employment Authorization Document (EAD), which serves as your official work permit. You cannot start working until you receive your EAD and the start date indicated on it.
  4. Find Employment: You are required to find a job within 90 days of the start of your OPT. The job must be directly related to your field of study.

STEM OPT Extension:

If you are eligible for the STEM OPT extension, you can apply 90 days before your initial 12-month OPT ends. To apply for the extension:

  • The employer must be enrolled in the E-Verify program.
  • You must submit Form I-765 again with updated documentation, including a new Form I-20 and employer information.

2. H-1B Visa for Specialty Occupations

After completing OPT, many international students seek to transition to a more permanent work visa, such as the H-1B visa. The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations that require specialized knowledge and at least a bachelor’s degree or its equivalent.

Key Features of the H-1B Visa:

  • Sponsorship Required: An employer must file the H-1B petition on behalf of the employee.
  • Duration: The initial H-1B visa is granted for up to three years and can be extended for a total of six years.
  • Cap-Subject: The H-1B visa is subject to an annual cap, with 65,000 visas available for bachelor’s degree holders and an additional 20,000 visas for individuals with a master’s degree or higher from a U.S. institution.

Steps to Transition from OPT to H-1B:

  1. Secure a Job Offer: Your first step is to find an employer who is willing to sponsor your H-1B visa. The employer must offer a position that meets the H-1B requirements for a specialty occupation.
  2. Employer Files H-1B Petition: Once you have a job offer, the employer will file an H-1B petition with USCIS on your behalf. The process involves:
    • Filing a Labor Condition Application (LCA) with the Department of Labor.
    • Filing Form I-129 (Petition for a Nonimmigrant Worker) with supporting documents.
    • Paying the associated fees.
  3. H-1B Lottery: Due to the limited number of H-1B visas available each year, the application is subject to a lottery system if the number of petitions exceeds the annual cap. The lottery is generally held in April, and if selected, the start date is usually October 1st of that year.
  4. Cap-Gap Extension: If your OPT expires before your H-1B start date, you may be eligible for a Cap-Gap Extension, which allows you to continue working legally between the end of your OPT and the start of your H-1B status.

3. Curricular Practical Training (CPT)

Curricular Practical Training (CPT) allows international students to work off-campus while still enrolled in their degree program. Although CPT is generally used before graduation, it is relevant because:

  • Students cannot apply for Post-Completion OPT if they have used more than 12 months of full-time CPT.
  • Part-time CPT (20 hours or less per week) does not affect OPT eligibility.

4. Alternative Visa Options After Graduation

In addition to OPT and H-1B, there are other visa options that graduates may consider:

O-1 Visa (Individuals with Extraordinary Ability or Achievement)

The O-1 visa is for individuals who demonstrate extraordinary ability in fields such as science, education, business, or athletics. To qualify, you must show evidence of significant national or international recognition in your field.

L-1 Visa (Intracompany Transfer)

If you have worked for a multinational company that has a U.S. branch, you may qualify for an L-1 visa. This allows employees of a company outside the U.S. to transfer to a U.S. branch or subsidiary.

E-2 Visa (Treaty Investor)

The E-2 visa allows nationals of certain treaty countries to enter the U.S. to develop and direct investments. If you are looking to start or invest in a business in the U.S., this visa might be an option, but it requires significant capital investment.

5. Permanent Residency (Green Card) Options

Many international students aim to transition from temporary work visas like H-1B to permanent residency (Green Card). There are several ways to obtain a Green Card, including:

  • Employment-Based Green Card (EB-1, EB-2, EB-3): After working in the U.S. on an H-1B or O-1 visa, an employer can sponsor you for a Green Card based on your employment. Categories such as EB-2 and EB-3 are for professionals with advanced degrees or exceptional abilities.
  • Family-Based Green Card: If you have immediate family members who are U.S. citizens or permanent residents, they can sponsor you for a Green Card.

Conclusion

Migrating to the U.S. as a student offers numerous opportunities for post-graduation work through programs like OPT and visa options like H-1B. Planning ahead, securing a job offer, and understanding your visa options are crucial to successfully staying in the U.S. after your studies. Many students begin their U.S. work experience through OPT, and for long-term employment, transitioning to an H-1B visa or seeking other options like the O-1 visa can pave the way to building a career in the United States.

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