As a Student visa holder in the US, if you intend to remain in the States after you’ve completed your studies, you’ll need to secure new status and avoid overstaying.

One route to remain in the US after you graduate is through a post-study work visa. A US post-study work visa allows international students to gain professional experience in the United States after completing their academic programs. The most common option is the Optional Practical Training (OPT) program, available to F-1 visa holders.

Importantly, you must ensure that your status in the US does not expire while you remain in the country, as this is likely to affect any future US immigration applications. If you are unsure about your options to remain in the US after you graduate – such as through a work or family-based visa – speak to our US attorneys for guidance.

 

What are the main US post-study work visa options?

 

Having completed your course of studies, and depending on which student visa you are categorised under, you will have a grace period before you are required to leave the United States. For F1 students the grace period is 60 days, while for M1 students it is 30 days.

As a graduate student your employment-based options for staying in the United States will fall broadly between enrolment in an Optional Practical Training (OPT) program; finding an employer to sponsor you for a US work visa or investing or establishing an enterprise in the US. Outside of employment, you may also consider continuing your studies in the US or relying on personal grounds to change your status.

 

Optional Practical Training (OPT)

 

Optional Practical Training is a program for both undergraduate and graduate students on F-1 visas, whereby students are entitled to up to 12 months study-related training, either during their course or once they have graduated.

To be eligible for this program, students must have either received their degree or have been studying in the US for one full academic year, and their employment must be directly related to their major field of study.

To find out more you should speak to your Designated School Official (DSO) prior to completion of your course. The DSO is the person assigned by the school or institution to assist and manage the status of overseas students. As such, the DSO can help you to submit the work authorization forms to US Citizenship and Immigration Services (USCIS) to be deemed eligible for this program.

While the OPT may only allow you to stay in the US for a year after your graduation, this can help you build invaluable connections that may help you secure sponsorship.

Students who have completed degrees in Science, Technology, Engineering, or Mathematics (STEM) fields may be eligible for a 24-month extension of their post-completion OPT, allowing for a total of up to 36 months of practical training. To qualify, the employment must be directly related to the STEM degree, and the employer must be enrolled in the E-Verify program.

 

H-1B Temporary Work Visa

 

The H-1B visa is a temporary work visa for graduate-level workers wanting to undertake a job role in a speciality occupation that requires theoretical or technical expertise.

As an H-1B visa holder, you may be initially permitted to live and work in the US for a period of up to three years. Your time period may be extended, but generally speaking cannot go beyond a total of six years.

Permanent residence status may be attainable if your employer is prepared to offer you a permanent position.

To qualify as a ‘specialty occupation’, the job must require a bachelor’s or higher degree as a minimum entry requirement, or the nature of the specific duties are so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

To be eligible for this type of visa, you must prove to USCIS that you are uniquely qualified for the position in the company because of your field of study.

You will also need the offer of a job from a US employer who will sponsor you, who can then petition for a H-1B visa on your behalf with USCIS.

Your prospective employer will also need to file a Labor Certificate Application (LCA) with the Department of Labor prior to submitting an employment-based immigration petition.

The application requires the employer to attest, amongst other things, that it will comply with the following labor requirements:

 

• The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
• The employer will provide working conditions that will not adversely affect the working conditions of similarly employed US workers.

 

Only once approval has been granted by the DOL, your employer can submit the visa application to USCIS. The employer will then be notified when the petition has been approved.

Please note that there is a cap on the amount of H-1B visas that are available each fiscal year, currently 65,000, although the first 20,000 petitions filed on behalf of beneficiaries with a US master’s degree or higher are exempt from the cap.

Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are also not subject to this numerical cap.

 

Running a Business or Investing in the USA

 

If you who have funds to invest, you may also explore your eligibility for the E2 treaty investor visa. This is a non-immigrant, temporary visa for nationals of countries with whom the US maintains a treaty of commerce and navigation to invest in a US-based enterprise. The company can be established or a start up.

The requirements for the E-2 visa mean the investment must be considered ‘substantial’; what constitutes substantial will be determined by the kind of company being invested in, which we discuss in detail here. You will also need to build a business plan to establish that the company meets the requirements under the visa classification.

 

Timeline for Post-Study Visa Application

 

International students in the US need to plan carefully to explore options for remaining legally after their studies and to avoid overstaying. Overstaying your authorized period of stay can lead to severe consequences such as bans on reentry to the US.

Early planning and proactive action will maximize your opportunities to remain in the US legally and achieve your goals. If your situation is more complicated, such as needing to switch to a different visa or pursuing permanent residency, speak to our attorneys for guidance.

 

One Year Before Graduation

 

It is crucial to start assessing your long-term goals at least a year before graduation. Decide if you plan to stay in the US temporarily for work experience or pursue permanent residency. Research visa options such as Optional Practical Training (OPT), STEM OPT extensions, or work visas like the H-1B. Schedule a meeting with your Designated School Official (DSO) to discuss your eligibility and gather information about relevant pathways.

 

Nine Months Before Graduation

 

Begin preparing for your OPT application around nine months before you graduate. Collect necessary documents, such as your Form I-20 and Form I-765, and familiarize yourself with the application process. If you are studying in a STEM field, confirm your eligibility for the 24-month STEM OPT extension. This is also the time to explore potential employers and build a professional network.

 

Six Months Before Graduation

 

Submit your OPT application to USCIS six months before graduation. Early application ensures you receive authorization in time to start working after graduation. During this period, focus on securing job offers in your field of study. Demonstrating employment plans can strengthen your application and minimize unemployment risks after your OPT starts.

 

During OPT

 

While on OPT, it is essential to maintain compliance with immigration regulations. Report any employment changes or address updates to your DSO within 10 days. Keep track of unemployment days, as you are limited to 90 days of unemployment during your OPT period. Stay informed about your status and maintain communication with your employer and DSO.

 

Six Months Before OPT Ends

 

As your OPT period nears its end, explore options for extending your stay. If eligible, apply for the STEM OPT extension. Ensure your employer participates in the E-Verify program, which is a requirement for the extension. Alternatively, discuss with your employer the possibility of sponsoring you for an H-1B visa. The H-1B lottery typically opens in March, and employers must file petitions within the designated window.

 

Nearing the End of Authorized Stay

 

If your OPT or STEM OPT period is coming to an end, plan for your next steps well in advance. You may consider transitioning to another visa, such as the H-1B, or enrolling in a new academic program to renew your F-1 status. Submit any required change of status applications to USCIS before your current status expires to ensure legal compliance.

 

Need assistance?

 

While there are relatively limited US post study work visa options for overseas graduates, seeking expert legal advice well in advance of your visa expiry can help improve your prospects of being able to stay in the US with lawful status.

Depending on your circumstances, you may be eligible for a visa to remain in the US on the basis of a personal relationship, such as marrying a US citizen. For advice on your immigration options to stay in the US after your graduate, contact us.

 

US Post Study Work Visa FAQs

 

What is Optional Practical Training (OPT)?

OPT is a program that allows F-1 visa holders to work in the United States for up to 12 months in a role directly related to their field of study.

 

Who is eligible for OPT?

F-1 students who have completed at least one full academic year of study in the United States and maintain valid F-1 status are eligible for OPT.

 

What is the STEM OPT extension?

Students with degrees in Science, Technology, Engineering, or Mathematics (STEM) fields can apply for a 24-month extension of OPT, allowing them to work for a total of 36 months.

 

How do I apply for OPT?

You must consult with your Designated School Official (DSO), who will recommend OPT in SEVIS. Then, you must submit Form I-765 to USCIS for employment authorization.

 

Can I work while my OPT application is pending?

No, you must wait for USCIS to approve your application and issue your Employment Authorization Document (EAD) before beginning work.

 

What are the reporting requirements during OPT?

You must report any changes in employment, address, or status to your DSO within 10 days of the change.

 

Can OPT lead to permanent work authorization?

OPT is temporary, but it can provide valuable experience and connections. Some students transition to H-1B visas through employer sponsorship.

 

What happens if I don’t find a job during OPT?

F-1 students on OPT are allowed a maximum of 90 days of unemployment. Exceeding this limit can result in the termination of F-1 status.

 

Glossary

 

 

Term	Definition
Optional Practical Training (OPT)	A program that allows F-1 visa holders to work in the United States for up to 12 months in a role related to their field of study.
STEM OPT Extension	A 24-month extension of OPT available to F-1 students with degrees in Science, Technology, Engineering, or Mathematics fields.
F-1 Visa	A non-immigrant visa for international students pursuing academic programs in the United States.
Designated School Official (DSO)	An official at a US school or institution who assists international students with maintaining their visa status and applying for work programs like OPT.
Student and Exchange Visitor Information System (SEVIS)	An online system used to track and monitor international students and exchange visitors in the United States.
Form I-765	The application form submitted to USCIS to request employment authorization for OPT or STEM OPT.
Employment Authorization Document (EAD)	A card issued by USCIS that grants permission to work in the United States for a specific time period.
USCIS	United States Citizenship and Immigration Services, the agency that manages immigration benefits and work authorization applications.
Unemployment Period	The allowed duration of unemployment for F-1 students on OPT, limited to 90 days for regular OPT and 150 days for STEM OPT.
H-1B Visa	A non-immigrant visa for skilled workers, often pursued by F-1 students after completing their OPT period.