International student on an F-1 Visa about to graduate in May to be able to work after?

Posted by admin on January 28th, 2010 and filed under may international | 3 Comments »

I am an international student on an F-1 Visa and I am graduating with a business degree in May. What all do I need to know and do in order to be able to stay in the country and work for a few years? Thanks.

Foreign students who graduate from U.S. universities with math, engineering or science degrees can now work in the United States for up to 29 months following graduation, says a new Department of Homeland Security (DHS) rule.

The new regulation—Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions—took effect April 8, 2008, the day it was posted on the Federal Register.

Under the new rule, certain F-1 visa holders who have completed a science, technology, engineering or mathematics (STEM) degree and who are offered a position with a U.S. employer can work for that employer for up to 29 months under DHS’ “optional practical training” (OPT) program. The old regulation limited STEM graduates to 12 months of employment by U.S. companies, but the new rule increases the OPT program by 17 months provided the employer is enrolled in the U.S. Citizenship and Immigration Services’ (USCIS) E-Verify employment verification program, the rule says.

In addition, an F-1 visa holder who has graduated and who an employer has filed an H-1B visa petition for, will receive an automatic extension, along with any grant of OPT work authorization, until Oct. 1 of the federal fiscal year for which the H-1B visa is being requested, the regulation says. The extension is to allow F-1 visa holders whose OPT will expire before the start date of a petition filed under the H-1B visa cap to remain in the United States and work through the beginning of an anticipated H-1B visa employment start date of Oct. 1. Graduating F-1 visa holders who do not have OPT work authorization but for whom an employer has filed an H-1B visa application will still have their lawful status automatically extended, but those visa holders will not be authorized to work until the H-1B petition takes effect, the rule says. All the automatic extensions of status for F-1 visa holders also apply to dependents holding F-2 visas. But if the H-1B visa petition filed on behalf of the F-1 visa holder is rejected, denied or revoked, the automatic extension of status and work authorization will terminate immediately, the rule says.

3 Responses

  1. Yak Rider Says:

    You need to talk with your schools’ international student adviser about doing a year of OPT. The job you find must be directly related to your degree. One year is all you get.
    References :

  2. Elijah Says:

    Foreign students who graduate from U.S. universities with math, engineering or science degrees can now work in the United States for up to 29 months following graduation, says a new Department of Homeland Security (DHS) rule.

    The new regulation—Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions—took effect April 8, 2008, the day it was posted on the Federal Register.

    Under the new rule, certain F-1 visa holders who have completed a science, technology, engineering or mathematics (STEM) degree and who are offered a position with a U.S. employer can work for that employer for up to 29 months under DHS’ “optional practical training” (OPT) program. The old regulation limited STEM graduates to 12 months of employment by U.S. companies, but the new rule increases the OPT program by 17 months provided the employer is enrolled in the U.S. Citizenship and Immigration Services’ (USCIS) E-Verify employment verification program, the rule says.

    In addition, an F-1 visa holder who has graduated and who an employer has filed an H-1B visa petition for, will receive an automatic extension, along with any grant of OPT work authorization, until Oct. 1 of the federal fiscal year for which the H-1B visa is being requested, the regulation says. The extension is to allow F-1 visa holders whose OPT will expire before the start date of a petition filed under the H-1B visa cap to remain in the United States and work through the beginning of an anticipated H-1B visa employment start date of Oct. 1. Graduating F-1 visa holders who do not have OPT work authorization but for whom an employer has filed an H-1B visa application will still have their lawful status automatically extended, but those visa holders will not be authorized to work until the H-1B petition takes effect, the rule says. All the automatic extensions of status for F-1 visa holders also apply to dependents holding F-2 visas. But if the H-1B visa petition filed on behalf of the F-1 visa holder is rejected, denied or revoked, the automatic extension of status and work authorization will terminate immediately, the rule says.
    References :
    http://www.shrm.org/Publications/HRNews/Pages/WorkAuthorizationVisaHolders.aspx

  3. Sarah Says:

    An empoyer would have to sponsor you, pay all the fees and prove that there was no one with your skills available. Then wait for the visas, they will not be released until october so you would need to go back and apply from there.
    References :

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