How Can International Students Get a Postgraduate Work Permit in the USA?

For many international students, pursuing higher education in the United States is a dream. However, after completing their studies, many of them aspire to gain work experience in the country. The United States offers several opportunities for international students to stay and work temporarily after graduation, primarily through the Optional Practical Training (OPT) and H-1B visa programs. Understanding the steps, requirements, and options available is crucial for students who wish to work in the U.S. after completing their postgraduate studies.

1. Optional Practical Training (OPT)

What is OPT?

Optional Practical Training (OPT) is a temporary work authorization that allows international students holding an F-1 visa to work in the United States in a field directly related to their area of study. OPT is typically granted for up to 12 months, with an additional 24-month extension for students in certain STEM (Science, Technology, Engineering, and Mathematics) fields.

Steps to Apply for OPT:

1. Verify Eligibility: The student must be in F-1 status and have completed at least one full academic year at a U.S. institution.
2. Obtain Approval from the Designated School Official (DSO): The DSO at the university must endorse the student’s Form I-20 and recommend them for OPT.
3. File Form I-765: The student must submit Form I-765 (Application for Employment Authorization) to the U.S. Citizenship and Immigration Services (USCIS), along with the required fee and supporting documents.
4. Wait for Employment Authorization Document (EAD): If approved, USCIS issues an EAD card, which allows the student to begin working.
5. Start Working: Once the student receives the EAD card, they can work for any employer in the U.S., as long as the job is related to their field of study.

STEM OPT Extension

Students who have completed degrees in STEM fields can apply for a 24-month extension of OPT, making their total post-graduation work authorization 36 months. To qualify:

• The student must be employed by a company that is enrolled in E-Verify.
• The employer must provide a formal training plan (Form I-983).
• The student must apply for the extension before the initial 12-month OPT expires.

2. Curricular Practical Training (CPT)

Although Curricular Practical Training (CPT) is typically used for internships during a student’s degree program, it is worth mentioning that some students use CPT towards the end of their studies to transition into full-time employment. However, using more than 12 months of full-time CPT makes a student ineligible for OPT.

3. H-1B Visa: The Long-Term Work Permit

What is an H-1B Visa?

The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign professionals in specialty occupations. Many international students transition from OPT to H-1B to continue working in the U.S. after their initial work permit expires.

Steps to Obtain an H-1B Visa:

• Find an Employer Sponsor: The student must secure a job offer from a U.S. company willing to sponsor their H-1B visa.
• Employer Files an H-1B Petition: The employer submits Form I-129 (Petition for a Nonimmigrant Worker) to USCIS.
• H-1B Lottery Process: Because the number of H-1B visas is capped at 85,000 per year, including 20,000 reserved for advanced degree holders from U.S. institutions, there is an annual lottery process.
• Approval and Change of Status: If selected, USCIS approves the H-1B petition, and the student’s status changes from F-1 to H-1B.
• Begin Work on October 1st: If approved, the individual can start working under H-1B status beginning October 1st of the fiscal year.

4. Alternative Visa Options for Work After Graduation

If an international student is not selected in the H-1B lottery, there are other visa options to explore:

a) O-1 Visa (Extraordinary Ability)

• For individuals with exceptional skills in sciences, arts, education, business, or athletics.
• Requires substantial documentation proving extraordinary achievements.

b) L-1 Visa (Intra-Company Transfer)

Available for students who return to their home country and later get transferred by a multinational company to a U.S. office.

c) TN Visa (For Canadian and Mexican Nationals)

Under NAFTA (now USMCA), Canadian and Mexican citizens can work in specific professional occupations in the U.S.

d) Green Card Sponsorship

Some employers sponsor employees for a Green Card (Permanent Residency) through the PERM Labor Certification process.

5. Maintaining Legal Status While Working

• International students must ensure they maintain legal status while working in the U.S. Here are some tips:
• Apply for OPT early: The processing time can take several months, so apply as soon as eligible.
• Avoid Unlawful Presence: Staying in the U.S. beyond the grace period without a valid visa can lead to legal issues.
• Work Only with Authorization: Unauthorized employment can result in the loss of visa status.
• Stay Updated with Immigration Rules: Immigration policies may change, so staying informed is crucial.

Getting a postgraduate work permit in the USA requires careful planning and adherence to immigration laws. The OPT program serves as the primary pathway for F-1 students to gain temporary work authorization, with the H-1B visa offering a longer-term employment opportunity. Other visa options, such as the O-1, L-1, and TN visas, provide alternative routes for staying and working in the U.S. Understanding these processes and planning early can help international students achieve their career goals in the United States.