Who wouldn’t want to work and live in a great nation like the USA? Most international students who plan to study or are already studying in the USA also aspire to obtain a work permit in the USA and become a part of its thriving economy. The USA is an advanced country that is rich in technology and culture.
According to the U.S. Bureau of Labor Statistics, employment opportunities in the USA are predicted to grow by 7.7% from 2020 to 2030. Certainly, such growth will improve employment opportunities for those seeking a job in all fields of the economy.
Getting a post-study work permit in the USA may seem easy, but it actually requires proper planning and preparation. This article will guide all international students, who wish to stay and work in the USA after completing their studies.
In this article, we discuss how to obtain a work permit in the USA after completing a master’s degree or any other course. We also cover the process of completing the required forms and the necessary documents needed for the entire process.
Types of Student Visas for the USA Post Study Work Permit
F-1 visa, M-1 visa, and J-1 Visa are the three different types of US student visas that enable you to apply for a work permit after studying in the USA. All these visas are essential for a post study work permit in the USA. International students willing to study and work in the US must have one of these visas. All these visas permit students to stay in the US for a limited time after completing their studies.
Let us have a brief idea of them below:
F-1 Visa
A student visa is a non-immigrant Visa granted by the US to students who wish to study full-time in America. Thus, prospective F-1 visa holders are individuals seeking to attend University, seminary, or language training programs in elementary schools as well as other academic institutions within the US.
This is the visa needed for a temporary work permit in the USA after a master’s in the USA. After receiving the F1 visa, they can stay in the USA for a year once they finish their degree. An F1 visa holder can apply for Optional Practical Training (OPT), which permits international students to stay and work in the USA for an entire year.
M-1 Visa
It is another non-immigrant visa that applies to international students who seek to enrol in a course requiring specific vocational training but one that is not purely academic. However, an M-1 visa is only granted to students involved in academic studies in an established vocational or other recognized non-academic institution such as a postsecondary school.
Vocational courses are those that focus more on a practical skill set rather than traditional academic courses such as cooking classes, technical courses, mechanical lessons at flying school, and others.
J-1 Visa
A non-immigrant visa is granted to foreign nationals who wish to engage in J1 program approved exchange visitor programs in the USA. This may include teaching, lecturing, studying/learning lessons for instruction on how to do something special, skill demonstration, or observing. If you want to get any kind of medical training or education, then you can also choose this visa.
Now, the F1 visa allows students to stay in the USA for up to 12 months after completing their studies, whereas the J1 and M1 visas provide a grace period of 30 days to stay in the country. Out of all the three visas, an F-1 visa is the most convenient way of applying for a postgraduate work permit in the USA.
US Work Permit After Study on F-1 Visa
If you are looking for temporary employment based on your area of study, an F1 visa is mandatory. Once you are issued with the F1 visa, it also entitles one to stay in America for a year after completing your course. As an F1 visa holder, one is allowed to apply for Optional Practical Training (OPT) which allows international students in the US to stay and work there on a full-time basis throughout this period. OPT is a form of temporary employment directly related to an F-1 student’s major area of study.
Students who meet the requirements can apply for OPT employment authorization before the completion of their academic studies (pre-completion) and/or after completing such studies (post-completion). Nevertheless, all pre-completion OPT years are deducted from the total number of available post-completion OPTs.
To apply for an OPT extension, you must qualify for the following criteria:
- You must work for an employer who is registered with E-Verify, which can be demonstrated either by a valid company identification number or if the employer uses an agent to create its cases in E-Verify.
- You must have been granted an initial period of Post-Completion OPT employment authorization due to your STEM degree.
However, you need to apply for an OPT extension within a year of graduation and with your STEM degree from the university that is certified by the Student and Exchange Visitors Program (SEVP).
Types of OPT
There are two types of OPT
- Pre-Completion OPT– Allows international students to work while studying.
- Post-Completion OPT– Allows international students to work after completing their degree courses.
It is mandated that the job you get after graduating is related to your field of study. The period that international students get to find a job after graduation is 90 days.
Who can apply for an OPT Extension?
F1 visa holders can apply for an OPT extension once they complete their studies. The condition is they should apply within the post-completion period of one year. Students applying for an OPT Extension must
- Hold a degree in STEM courses from a university that holds accreditation from the US Department of Education and is authorised by the Student and Exchange Visitor Program (SEVP) when the student applies for an OPT Extension.
- Students who have graduated in STEM courses, i.e., science, technology, engineering, and maths, can extend their stay in the USA for 2 years which makes it a total of 3 years.
OPT extension for non-STEM students
If an F1 visa holder completes a non-STEM degree course and wishes to extend their OPT after graduation, they may use their prior US degree to apply for an OPT extension.
Both the graduation and past degrees should be from SEVP-certified institutions. Individuals who are applying for an OPT extension should not already have a previous degree’s OPT extension. The employment opportunity should as well be in line with the field of study.
For instance- If a candidate holds a master’s degree in international relations, but he or she has previously pursued a bachelor of technology as the past degree then they can utilise this previous degree to apply for an OPT extension. The condition is that the degree comes from an accredited US college.
Additional OPT Extension
If a student pursues a high-level degree in the future, he is eligible to extend his OPT for another year.
For example- If a candidate already holds an OPT extension based on a bachelor’s degree in mathematics and if they get a succeeding master’s degree in mathematics, they can use this degree to extend the STEM OPT for an additional year.
All they need to do is:
- Choose an employer that provides the necessary training to the students
- Work for an employer enlisted in USCIS’ E- verify employment eligibility verification program.
- Work for a minimum of 20 hours a week.
How to apply for an OPT extension?
To apply for an OPT extension, students must follow the below guide:
- Submit Form I-765 up to 90 days before the validity of their current OPT employment authorization ends.
- Pay the application fees
- Mention the employer’s name as listed in E-Verify
- E-Verify Company Identification Number of the employer
- Copy of student’s STEM degree
- Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, approved by your designated school official (DSO) within the last 60 days
Suppose a candidate submits the form within the given time, but the OPT period ends while the extension application is still pending. In that case, his employment authorization will be positively extended for 180 days by USCIS. This extension will no longer be applicable once the extension application gets settled by USCIS.
After receiving the OPT extension, students should inform their DSO about the following changes if made.
- The official name of the student
- Residential address
- Email address
- Employer’s name
- Employer’s address
- Student’s employer name
- Student’s employer’s address
If no information has been changed, students must be in touch with their DSOs every six months.
Work Permit in the USA on H-1B Visa
The H-1B Visa is an immigrant visa that allows foreign nationals to travel to the US and work for American corporations. A person who is applying for a job in the USA must get a job offer from one of the companies that are located within the US and they have got to be engaged in such a field that requires a high level of professionalism.
Any position that is considered a professional level and usually requires a bachelor’s degree or higher can come under the H-1B visa for speciality occupations. Instead of the candidate, it is an employer who applies for an H1-B visa at the US Immigration Department. This provides the candidate with a work permit in the USA to get a visa-stamped for working in the USA under that employer.
H-1B is among the few visas that permit family members to accompany a visa holder during his/her stay in America. To take advantage of this service, the dependent members of a family (spouse and unmarried children below 21 years) will have to apply for an H4 visa. The H4 visa holders can attend school, have a bank account, and even get a driver’s licence along with receiving a social security number.
The process of applying for a non-immigrant visa is relatively faster as compared to the Green Card; hence, an H1B visa remains popular among US companies that seek to employ skilled workers on long-term assignments in their country.
H-1B Visa Eligibility
- Have a bachelor’s or a master’s degree from a recognized university.
- Have received the job offer from the petitioner ( employer).
- Work in a field that demands both logical and practical knowledge.
- Possess a state licence that permits him or her to work in the speciality occupation field.
Till when the H-1B Visa is valid?
The validity of an H-1B Visa is for a period of 3 years and can be extended for six years. In several cases, the candidate can even apply for further extension depending on the type of work.
In case an H-1B employee quits their job or is dismissed, there are three options:
- Find a new job and complete new paperwork
- Apply for a change of status (including application for a green card or PR)
- Return to their country or be deported.
The period to find a new job is 60 days. If the employment of the worker on an H1-B visa gets terminated by the employer, that person gets 60 days to find a new job opportunity.
If the worker fails to find a job within 60 days and doesn’t get a green card either, he is left with no other option than to leave the US. The employer who fired the worker will be responsible for covering the worker’s expenses to return to his home country.
How to apply for an H1-B visa?
Here is a step-by-step guide to applying for an H1-B visa:
- Make sure that you check whether you are eligible to apply for an H1-B visa
- Apply for an active job opening in the US to find a petitioner
- Ask your employer to start with the petition for the H1-B visa
- Apply for the H1-B visa at your closest US Embassy.
Best Practices for Maintaining Your US Visa Status
As an international student, it is important to maintain your visa status. Here are some tips that will help you to get started:
Don’t disobey the US laws or the university code of student conduct.
As an international student, it is their responsibility to respect the laws the US government implements. Also, US universities follow specific codes of conduct that every individual enrolled there is supposed to follow. If the students for any reason disobey the university codes of student conduct, they may lose their visas.
Keep the travel requirements ready.
It is better to prepare all the necessary travel documents before leaving for the USA. The documents that students are advised to keep with them are Copies of their immigration documents- Form I-20 and passport.
Make sure you have a valid passport.
Before travelling to the US, the students must ensure that their passport is valid. The minimum period for which the passport should be valid is 6 months.
Your address should be current.
If there’s any change in your address once you move to the US, make sure that you inform about those changes to your university.
FAQs
Q1. How long can a student work in the USA after completion of the course?
The work permit in the USA after study can be availed for a duration of 24 months after graduation under a US student visa, with an additional 12 months for OPT.
Q2. What is the duration of the USA post-graduate work permit through OPT-STEM extension?
Students graduating in STEM courses can extend their stay in the USA for 2 years which makes it a total of 3 years.
Q3. Can I apply for a STEM OPT with a non-STEM degree?
If you are an F-1 student participating in 12 months of post-completion OPT based on a non-STEM degree, you may be eligible to use a previous STEM degree from a U.S. institution of higher education to apply for a STEM OPT extension.
Q4. How to apply for a work permit after an MBA in the USA?
After you graduate from your MBA program, you’re eligible for optional practical training (OPT), which is a 12-month period in which you can stay on and work in the US. Graduates from STEM-certified MBA programs are eligible for an additional 24 months (three years in total) for their OPT. It is also necessary to keep upskilling yourself for job while studying to be industry-ready.
