Post Study Work Visa in USA: Check Details and Process

Post Study Work Visa in USA: Check Details and Process

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Shreyashi Pathak

| Updated On - Oct 12, 2024

Highlights:

  • Types: Curricular practical training (CPT) and Optional practical training (OPT) are the two types of work authorizations in the USA.
  • Duration: A post-study work visa in the US allows you to stay and work for up to 12 months. With a STEM-related degree, you can also request an additional 24 months of OPT
  • Part-time job opportunities: Pre-Completion OPT allows you to work for 20 hours per week and full-time on holidays
  • Eligibility: Employment directly related to the major you studied, valid F1 visa, intent to stay 12 months post course completion.

After completing their studies, international students in the USA often seek opportunities to gain practical work experience. One of the most common pathways is through the Post-Study Work Visa, primarily refers to the Optional Practical Training (OPT) program. OPT provides eligible students with the opportunity to work for up to 12 months, with an extension available for STEM graduates, allowing them to stay for an additional 24 months.


What is Optional Practical Training (OPT)?

The Optional Practical Training (OPT) program allows international students on an F-1 visa in the United States to gain temporary work experience related to their field of study. OPT is available to students who have completed at least one full academic year at a U.S. institution, and the work must be directly related to their major area of study.

There are two main types of OPT: Pre-Completion OPT, which allows students to work part-time while still in school, and Post-Completion OPT, which permits graduates to work full-time for up to 12 months after finishing their degree. Additionally, students with degrees in STEM fields (Science, Technology, Engineering, and Mathematics) are eligible for a 24-month extension, allowing them up to 36 months of work authorization.


Types of OPT

The table below shows all the information about the type of OPT.

Type of OPT Description Eligibility Duration Working Hours Application Timing
Pre-Completion OPT Allows F-1 students to work part-time while studying and full-time during breaks. Must be enrolled full-time for one full academic year at a certified institution Up to 12 months Part-time (max 20 hours/week) during school, full-time during breaks Before graduation
Post-Completion OPT For students who have completed their studies and wish to gain work experience in their field. Must have completed a degree; employment must be directly related to the major area of study. Up to 12 months Full-time (40 hours/week) Can be applied for up to 90 days before or 60 days after graduation
STEM OPT Extension An extension of post-completion OPT for graduates in STEM fields, allowing additional work time. Must have a degree in a STEM field, employed by an E-Verify employer, and already on post-completion OPT. Additional 24 months Full-time (40 hours/week) Before Post-Completion OPT expires

Application Process for OPT

To apply for an OPT extension, students can follow the below steps:

  • Submit the I-765 form, 90 days before the validity of your current OPT employment authorization ends.
  • Pay the required application fees.
  • Provide the employer's name as registered in E- verify.
  • E-Verify Company Identification Number of the employer.
  • Attach a copy of the student's STEM degree.
  • Submit Form I-20 (Certificate of Eligibility for Non immigrant Student Status), signed and approved by your Designated School Official (DSO) within the last 60 days.

Employment Rules under OPT

Understanding the employment rules under OPT is crucial to maintaining legal status and maximizing the benefits of this program. Some of the general employment rules under OPT are listed below:

General Employment Rules

  • Employment must be directly linked to the student’s major. Students should explain how their job relates to their academic background.
  • Students need to have their Employment Authorization Document (EAD) before starting any job, and work cannot commence until the EAD start date.
  • To maintain valid OPT status, students must work at least 20 hours per week, regardless of whether the position is paid or unpaid.
  • Students on post-completion OPT cannot exceed 90 days of unemployment within the 12-month period. Exceeding this limit may lead to the termination of SEVIS records.

Types of Employment Allowed

The types of Employment allowed under OPT are:

  • Multiple Employers: Students can hold jobs with more than one employer, as long as all positions are directly related to their field of study.
  • Short-Term Employment: Multiple short-term roles or gig jobs are allowed, especially in industries like performing arts. Maintaining thorough documentation of each engagement is recommended.
  • Self-Employment: Students may start their own business, provided it aligns with their degree, and they can supply evidence of appropriate business licenses and operational legitimacy.
  • Contract Work: Employment under independent contracts (1099) is permitted. Students must keep records that document the contract's duration and scope of work.
  • Agency Employment: Students can work through staffing agencies, but must show proof of averaging at least 20 hours of work per week.
  • Unpaid Positions: Unpaid internships or volunteer work are acceptable, provided they adhere to applicable labor laws.

STEM OPT Extension: Special Rules

Students with degrees in STEM fields can apply for a 24-month extension of their post-completion OPT, which comes with additional requirements:

  1. Employer Requirements: The employer must be enrolled in E-Verify and provide a training plan (Form I-983) that outlines how the position will help the student achieve their training goals.
  2. Additional Unemployment Time: STEM OPT students can accrue an additional 60 days of unemployment, allowing for a total of 150 days during both the initial OPT and the extension period.

Transition to H-1B Visa from OPT

The students who are looking to extend their stay and work in the U.S should get their OPT converted to H-1B visa. The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations requiring at least a bachelor’s degree. It provides a pathway to long-term employment and potential permanent residency.

Steps for Transitioning

The steps for transition to H-1B Visa from OPT are listed below:

  1. Secure Employment: Obtain a job offer from a U.S. employer willing to sponsor your H-1B application.
  2. Employer Sponsorship: The employer must file the H-1B petition, including a Labor Condition Application (LCA) to the Department of Labor.
  3. Filing the Petition: Employers typically file H-1B petitions in early April for an employment start date of October 1.
  4. Cap-Gap Extension: If your OPT expires before your H-1B petition is approved, you may qualify for a cap-gap extension, allowing you to continue working until your H-1B status begins.
  5. Approval and Transition: Once approved, your status will change from F-1 (OPT) to H-1B on October 1, allowing you to work under the terms of the H-1B visa.

Common Mistakes to Avoid During OPT Application

Some of the common mistakes made by candidates while filling the OPT application are listed below:

  1. Late Submission: Submit your application within the required timeframe to avoid rejection.
  2. Incomplete or Incorrect Information: Ensure all sections of Form I-765 are filled out accurately and completely.
  3. Failure to Sign Documents: Always sign the Form I-765 and other required documents before submission.
  4. Incorrect Filing Fee: Verify the correct filing fee amount is paid to prevent processing delays.
  5. Using an Invalid Check Format: Make checks payable to "U.S. Department of Homeland Security" and format them correctly.
  6. Submitting Duplicate Applications: Avoid sending multiple applications through different methods to prevent confusion.
  7. Not Keeping Copies of Your Application: Retain copies of your entire OPT application packet for your re cords.

Alternatives to OPT for Post-Study Work

The table below shows the alternatives available for international student who are not able to acquire OPT:

Alternative Description Eligibility/Key Points Duration
O-1 Visa (Extraordinary Ability) For individuals with extraordinary ability in fields like science, arts, or business. Must show significant evidence of achievements (awards, publications, etc.). Initial 3 years, renewable in 1-year increments.
L-1 Visa (Intra-Company Transfer) For employees of multinational companies transferring to a U.S. office. Must have worked for the company abroad for at least one year in a managerial or specialized role. Up to 7 years for managers (L-1A); 5 years for specialized workers (L-1B).
E-2 Visa (Treaty Investor) For nationals of treaty countries to invest in and manage a U.S. business. Requires substantial investment in a U.S. business; country must have a commerce treaty with the U.S. Typically 2 years, renewable indefinitely.
Entrepreneurship (Start-Up/Self-Employment) Visas for entrepreneurs (e.g., E-2, O-1) to start and manage businesses in the U.S. Requires investment or proof of extraordinary ability; no specific start-up visa exists, but these options allow for self-employment and entrepreneurship. Varies based on the visa type.
Curricular Practical Training (CPT) Off-campus internships or jobs related to academic curriculum. Part-time or full-time during studies; full-time CPT over 12 months disqualifies student from OPT. Varies during academic program.

Briefly, USA can be an excellent option for international students looking to extend their stay and gain valuable work experience through various visa pathways. It is home to some of the prestigious universities around the world such as Harvard University, Stanford University and University of Cambridge. Around 17 university of the USA are ranked among top 50 QS World university ranking 2025. Additionally, As of The Times of India, USA is ranked 8 among the fastest growing economy in the world which offers ample amount of lucrative opportunities to jobseekers.


FAQs

Ques Can I get a green card after studying in USA?

Ans No, a student cannot directly get green card after completing their studies from USA university, but students can apply for a pre- or post-completion OPT (valid 12 month). You can obtain a green card after completing your OPT period in the USA through employer sponsorship, typically by securing an H-1B visa and then applying for an employment-based green card.

Ques How long is work permit in USA after study?

Ans After the completion of studies in the USA student can work for up to 12 months under Optional Practical Training (OPT), with an additional 24-month extension for STEM graduates, totaling up to 36 months.

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