The USA is host to over 1 million foreign students, with one of the most diverse student bodies in the world. Many of these talented minds seek a career and life in the U.S.
Fortunately, the F-1 student status is a springboard to work authorization and residence.
Working During F-1
While in F-1 status, students have several options open to them for paid employment. All options require the student to consult with their academic institution’s Designated School Official (DSO) for permission to ensure that they are still fulfilling the general requirements of the F-1 program.
On-Campus Employment
With DSO approval, F-1 students are allowed to engage in “on campus employment” that provides services directly to students, such as working at the campus bookstore or cafeteria. Such work may be paid or unpaid, and should not exceed 20 hours per week when class is in session (although 20+ hours is permitted during semester breaks). A student working in such a position usually receives a Social Security Number for tax reporting purposes.
Curricular Practical Training
F-1 students may also receive DSO permission to engage in Curricular Practical Training (CPT) during their degree course and before graduation. This may involve paid or unpaid work, and must be directly related to their major area of study. This is common with majors that require training, such as an internship or other real-world professional work experience, as a prerequisite to degree completion and academic graduation.
Typically, the student secures an agreement with a CPT employer first. Then, the CPT employer communicates with their academic DSO to complete the necessary work authorization documents. Once the DSO issues Form I-20, the student may work.
Note that completing 12 full months of CPT will disqualify a student from engaging in OPT (below).
Optional Practical Training
If the student did not engage in 12 months or more of CPT, then they are eligible for Optional Practical Training (OPT).
After graduation from a full course of study and receiving a degree that is higher than the student’s prior F-1 degrees (if any), an F-1 student may participate in OPT. The DSO must recommend that the U.S. Citizenship and Immigration Service (USCIS) allow the student to participate in OPT, and the field of work must directly relate to the major field of study. Once the USCIS issues an Employment Authorization Document (EAD), the student may work for any employer in a position that relates to their major studies. This work may be paid or unpaid, and may be full time or part time.
The initial term of OPT is valid for 12 months. However, students in Science, Technology, Engineering, and Mathematics fields (STEM fields) may apply through their DSO for an additional 24 months of OPT, resulting in a potential total of 36 months of OPT. This means that general OPT graduates usually have 1 year in which to apply for the H-1B Lottery (see below), while STEM graduates may make annual attempts in the H-1B Lottery for three consecutive years.
After OPT: Work Permits and Green Cards
Several paths to a work permit and employment green card are available to the prospective foreign graduate.
H-1B Work Permit and EB-2/3 Green Card
Most foreign students make their employment-immigration journeys by way of the H-1B temporary work permit, and the EB-2 or EB-3 employment-based green card petition. These two separate immigration processes may be pursued simultaneously or consecutively.
H-1B Specialty Occupation Work Permit
The H-1B is a temporary work permit, awarded for one particular employing entity, to allow one particular foreign worker to occupy a job position that requires “specialty occupation” skills. Specialty occupation skills are generally those which need at least a Bachelor’s degree in a closely related major.
Petitioner: The employer (and only the employer) must file the H-1B petition – the USCIS does not allow foreign workers to file their own H-1Bs. Also, the foreign worker generally cannot have any ownership stake in the employing business.
The Lottery: With certain exceptions, most H-1B petitions are counted against a yearly cap of 65,000 (plus 20,000 for U.S. Masters degree holders). These “cap subject” H-1Bs must register for the H-1B lottery in March of any given year. Those which are selected in the lottery must then file a full petition in April. Selection and approval means that the H-1B employment may begin no earlier than October 1 of that year. (Exception: certain employers, especially those affiliated with non profit government organizations or research organizations, are not subject to the H-1B cap. Thus, they may file an H-1B for a foreign worker at any time of the year, but the foreign worker’s approved H-1B cannot be “ported” to a cap-subject employer at a later date.)
Note that STEM graduates are permitted 3 years of OPT, meaning that they may try their lottery submissions in three consecutive years, with a correspondingly higher chance of being selected at least once.
Duration: H-1B status lasts from 1 to 3 years. It may be renewed, but generally cannot exceed 6 years. (Exception: if the foreigner has an Employment Based green card petition already approved, but is delayed in receiving their green card due to a per-country waiting list, then their H-1B may be extended in 1- or 3-year increments indefinitely.)
Limitations: The employer and employee must abide by the work locations, work duties, job description, and minimum proffered wage, as outlined in the H-1B petition. If substantive changes occur to the work conditions, an H-1B amendment must be filed. An H-1B worker may change employers entirely, if desired, but the new employer must file an H-1B amendment.
Foreigner’s family: a spouse and children may receive H-4 status. This allows full time study in the U.S. If the H-1B worker has an approved EB-green card petition, then an H-4 spouse may also legally work.
EB-2 or EB-3 Employment Green Card
A U.S. employer may also sponsor a foreign worker for an EB-2 or EB-3 green card. An EB-2 petition is appropriate where the job position requires an advanced degree such as a Master’s degree or Ph.D. degree. The EB-3 category includes work positions which require a Bachelor’s degree.
PERM: The employer must first apply with the Dept. of Labor’s Labor Certification process via the Program Electronic Review Management (PERM). This Labor Certification reviews various details of the work position, especially its requirements for proffered wage and recruitment attempts. This process may take several months to over a year, depending on the facts of the case.
Priority Dates and per-country waiting lists: EB-2 and EB-3 categories are historically oversubscribed, meaning that the number of qualified approved candidates exceeds the number of annual slots available. Unlike the H-1B temporary work permit (which assigns its yearly quota by lottery), the EB-2 and EB-3 green card categories use a “first in, first out” process. At the start of the PERM process or the start of the petition with USCIS – whichever is earlier – the foreign worker receives a “Priority Date”. Even after their EB-2 or EB-3 petition is approved, they may still be required to wait months or years before they can actually request a green card. The U.S. Dept. of State publishes a monthly Visa Bulletin which sets a cut-off date for such work green cards; a foreign worker’s Priority Date must be on or before the published cut-off date in order to file for a green card.
Indian- and Chinese-born workers face the longest EB-2 and EB-3 backlogs. Fortunately, their approved EB-2 or EB-3 petitions do allow them to indefinitely extend their H-1B work permit until their Priority Date becomes current and they receive their green card. If married to a spouse from a different birth nation, they may make use of Cross-Chargeability for a potentially faster process.
Other Work Options
Although the H-1B and EB-2/EB-3 route is by far the most popular, several other options exist for the F-1 foreign student seeking an American future – depending on their specific life circumstances.
Talented Individuals
A candidate who has “Extraordinary Ability” may consider an O-1A temporary work permit and/or an EB-1A green card. The O-1A must be filed by a U.S. employer, but the green card can be self-petitioned by the foreign candidate themselves. This is a demanding category which will require exhaustive documentation to show that the candidate has risen to the top few percentage of their field of skill. Although it is less commonly a match for an F-1 graduate, it can work well for an F-1 student who already has a rich career with many accomplishments to their experience.
A candidate who has “Exceptional Ability” may consider not only the H-1B work permit outlined above, but may consider an EB-2 National Interest Waiver. This differs from the standard EB-2 PERM (described above) because it bypasses much of the Dept. of Labor’s labor certification process, including the recruitment process, and the foreign candidate may self-petition. The requirements are significantly higher than a regular EB-2 or EB-3, and generally require copious documentation to prove that the candidate is “significantly above” the usual level of achievement in the field.
Managers and Executives
An F-1 student who was recently employed for at least 1 year overseas in a high-level corporate position (such as C-suite officer, board of directors, or general manager role) may consider the L-1A temporary work permit or the EB-1C green card. Not only does this require the candidate to show specific management work history, this also requires their prior foreign employer to have a close qualifying relationship with a U.S. business entity that seeks to hire them.
The L-1A duration is typically 1 to 3 years, renewable. It cannot exceed 7 years, but the candidate can benefit from a concurrently filed EB-1C. The EB-1C category typically has either no waitlist at all, or a much shorter waitlist than the EB-2 and EB-3 categories.
Conclusion
The U.S. remains one of the world’s biggest educational destinations for foreign students, and is fortunate to attract foreign talent worldwide. To discuss the above categories in greater detail, visit our H-1B overview or Contact Us to chart your path to an American career today!
The USA is host to over 1 million foreign students, with one of the most diverse student bodies in the world. Many of these talented minds seek a career and life in the U.S.
Fortunately, the F-1 student status is a springboard to work authorization and residence.
Working During F-1
While in F-1 status, students have several options open to them for paid employment. All options require the student to consult with their academic institution’s Designated School Official (DSO) for permission to ensure that they are still fulfilling the general requirements of the F-1 program.
On-Campus Employment
With DSO approval, F-1 students are allowed to engage in “on campus employment” that provides services directly to students, such as working at the campus bookstore or cafeteria. Such work may be paid or unpaid, and should not exceed 20 hours per week when class is in session (although 20+ hours is permitted during semester breaks). A student working in such a position usually receives a Social Security Number for tax reporting purposes.
Curricular Practical Training
F-1 students may also receive DSO permission to engage in Curricular Practical Training (CPT) during their degree course and before graduation. This may involve paid or unpaid work, and must be directly related to their major area of study. This is common with majors that require training, such as an internship or other real-world professional work experience, as a prerequisite to degree completion and academic graduation.
Typically, the student secures an agreement with a CPT employer first. Then, the CPT employer communicates with their academic DSO to complete the necessary work authorization documents. Once the DSO issues Form I-20, the student may work.
Note that completing 12 full months of CPT will disqualify a student from engaging in OPT (below).
Optional Practical Training
If the student did not engage in 12 months or more of CPT, then they are eligible for Optional Practical Training (OPT).
After graduation from a full course of study and receiving a degree that is higher than the student’s prior F-1 degrees (if any), an F-1 student may participate in OPT. The DSO must recommend that the U.S. Citizenship and Immigration Service (USCIS) allow the student to participate in OPT, and the field of work must directly relate to the major field of study. Once the USCNIS issues an Employment Authorization Document (EAD), the student may work for any employer in a position that relates to their major studies. This work may be paid or unpaid, and may be full time or part time.
The initial term of OPT is valid for 12 months. However, students in Science, Technology, Engineering, and Mathematics fields (STEM fields) may apply through their DSO for an additional 24 months of OPT, resulting in a potential total of 36 months of OPT. This means that general OPT graduates usually have 1 year in which to apply for the H-1B Lottery (see below), while STEM graduates may make annual attempts in the H-1B Lottery for three consecutive years.
After OPT: Work Permits and Green Cards
Several paths to a work permit and employment green card are available to the prospective foreign graduate.
H-1B Work Permit and EB-2/3 Green Card
Most foreign students make their employment-immigration journeys by way of the H-1B temporary work permit, and the EB-2 or EB-3 employment-based green card petition. These two separate immigration processes may be pursued simultaneously or consecutively.
H-1B Specialty Occupation Work Permit
The H-1B is a temporary work permit, awarded for one particular employing entity, to allow one particular foreign worker to occupy a job position that requires “specialty occupation” skills. Specialty occupation skills are generally those which need at least a Bachelor’s degree in a closely related major.
Petitioner: The employer (and only the employer) must file the H-1B petition – the USCIS does not allow foreign workers to file their own petitions. Also, the foreign worker generally cannot have any ownership stake in the employing business.
The Lottery: With certain exceptions, most H-1B petitions are counted against a yearly cap of 65,000 (plus 20,000 for U.S. Masters degree holders). These “cap subject” H-1Bs must register for the H-1B lottery in March of any given year. Those which are selected in the lottery must then file a full petition in April. Selection and approval means that the H-1B employment may begin no earlier than October 1 of that year. (Exception: certain employers, especially those affiliated with non profit government organizations or research organizations, are not subject to the H-1B cap. Thus, they may file an H-1B for a foreign worker at any time of the year, but the foreign worker’s approved H-1B cannot be “ported” to a cap-subject employer at a later date.)
Note that STEM graduates are permitted 3 years of OPT, meaning that they may try their lottery submissions in three consecutive years, with a correspondingly higher chance of being selected at least once.
Duration: H-1B status lasts from 1 to 3 years. It may be renewed, but generally cannot exceed 6 years. (Exception: if the foreigner has an Employment Based green card petition already approved, but is delayed in receiving their green card due to a per-country waiting list, then their H-1B may be extended in 1- or 3-year increments indefinitely.)
Limitations: The employer and employee must abide by the work locations, work duties, job description, and minimum proffered wage, as outlined in the H-1B petition. If substantive changes occur to the work conditions, an H-1B amendment must be filed. An H-1B worker may change employers entirely, if desired, but the new employer must file an H-1B amendment.
Foreigner’s family: a spouse and children may receive H-4 status. This allows full time study in the U.S. If the H-1B worker has an approved EB-green card petition, then an H-4 spouse may also legally work.
EB-2 or EB-3 Employment Green Card
A U.S. employer may also sponsor a foreign worker for an EB-2 or EB-3 green card. An EB-2 petition is appropriate where the job position requires an advanced degree such as a Master’s degree or Ph.D. degree. An EB-3 petition caters to work positions which require a Bachelor’s degree.
PERM: At the employer’s application, the Dept. of Labor administers a detailed Labor Certification process via the Program Electronic Review Management (PERM). This Labor Certification process determines various parameters of the work position, especially its requirements for proffered wage and recruitment attempts. This process may take several months to over a year, depending on the facts of the case.
Priority Dates and per-country waiting lists: EB-2 and EB-3 categories are historically oversubscribed, meaning that the number of qualified approved candidates exceeds the number of annual slots available. Unlike the H-1B temporary work permit (which assigns its yearly quota by lottery), EB-2 and EB-3 adopt a “first in, first out” process. At the start of the PERM process or the start of the petition with USCIS – whichever is earlier – the foreign worker receives a “Priority Date”. Even after their EB-2 or EB-3 petition is approved, they may still be required to wait months or years before they can actually request a green card. The U.S. Dept. of State publishes a monthly Visa Bulletin which sets a cut-off date for such work green cards; a foreign worker’s Priority Date must be on or before the published cut-off date in order to file for a green card.
Indian- and Chinese-born workers face the longest EB-2 and EB-3 backlogs. Fortunately, their approved EB-2 or EB-3 petitions do allow them to indefinitely extend their H-1B work permit until their Priority Date becomes current and they receive their green card. If married to a spouse from a different birth nation, they may make use of Cross-Chargeability for a potentially faster process.
Other Work Options
Although the H-1B and EB-2/EB-3 route is by far the most popular, several other options exist for the F-1 foreign student seeking an American future – depending on their specific life circumstances.
Talented Individuals
A candidate who has “Extraordinary Ability” may consider an O-1A temporary work permit and/or an EB-1A green card. The O-1A must be filed by a U.S. employer, but the green card can be self-petitioned by the foreign candidate themselves. This is a demanding category which will require exhaustive documentation to show that the candidate has risen to the top few percentage of their field of skill. Although it is less commonly a match for an F-1 graduate, it can work well for an F-1 student who already has a rich career with many accomplishments to their experience.
A candidate who has “Exceptional Ability” may consider not only the H-1B work permit outlined above, but may consider an EB-2 National Interest Waiver. This differs from the standard EB-2 PERM (described above) because it bypasses much of the Dept. of Labor’s labor certification process, including the recruitment process, and the foreign candidate may self-petition. The requirements are significantly higher than a regular EB-2 or EB-3, and generally require copious documentation to prove that the candidate is “significantly above” the usual level of achievement in the field.
Managers and Executives
An F-1 student who was recently employed for at least 1 year overseas in a high-level corporate position (such as C-suite officer, board of directors, or general manager role) may consider the L-1A temporary work permit or the EB-1C green card. Not only does this require the candidate to show specific management work history, this also requires their prior foreign employer to have a close qualifying relationship with a U.S. business entity that seeks to hire them.
The L-1A duration is typically 1 to 3 years, renewable. It cannot exceed 7 years, but the candidate is permitted to benefit from a concurrently filed L-1A and EB-1C. The EB-1c category typically has either no waitlist at all, or a much shorter waitlist than the EB-2 and EB-3 categories.
Conclusion
The U.S. remains one of the world’s biggest educational destinations for foreign students, and is fortunate to attract foreign talent worldwide. To discuss the above categories in greater detail, visit our H-1B overview or Contact Us to lay out your path to an American career today!
The USA is host to over 1 million foreign students, with one of the most diverse student bodies in the world. Many of these talented minds seek a career and life in the U.S.
Fortunately, the F-1 student status is a springboard to work authorization and residence.
Working During F-1
While in F-1 status, students have several options open to them for paid employment. All options require the student to consult with their academic institution’s Designated School Official (DSO) for permission to ensure that they are still fulfilling the general requirements of the F-1 program.
On-Campus Employment
With DSO approval, F-1 students are allowed to engage in “on campus employment” that provides services directly to students, such as working at the campus bookstore or cafeteria. Such work may be paid or unpaid, and should not exceed 20 hours per week when class is in session (although 20+ hours is permitted during semester breaks). A student working in such a position usually receives a Social Security Number for tax reporting purposes.
Curricular Practical Training
F-1 students may also receive DSO permission to engage in Curricular Practical Training (CPT) during their degree course and before graduation. This may involve paid or unpaid work, and must be directly related to their major area of study. This is common with majors that require training, such as an internship or other real-world professional work experience, as a prerequisite to degree completion and academic graduation.
Typically, the student secures an agreement with a CPT employer first. Then, the CPT employer communicates with their academic DSO to complete the necessary work authorization documents. Once the DSO issues Form I-20, the student may work.
Note that completing 12 full months of CPT will disqualify a student from engaging in OPT (below).
Optional Practical Training
If the student did not engage in 12 months or more of CPT, then they are eligible for Optional Practical Training (OPT).
After graduation from a full course of study and receiving a degree that is higher than the student’s prior F-1 degrees (if any), an F-1 student may participate in OPT. The DSO must recommend that the U.S. Citizenship and Immigration Service (USCIS) allow the student to participate in OPT, and the field of work must directly relate to the major field of study. Once the USCNIS issues an Employment Authorization Document (EAD), the student may work for any employer in a position that relates to their major studies. This work may be paid or unpaid, and may be full time or part time.
The initial term of OPT is valid for 12 months. However, students in Science, Technology, Engineering, and Mathematics fields (STEM fields) may apply through their DSO for an additional 24 months of OPT, resulting in a potential total of 36 months of OPT. This means that general OPT graduates usually have 1 year in which to apply for the H-1B Lottery (see below), while STEM graduates may make annual attempts in the H-1B Lottery for three consecutive years.
After OPT: Work Permits and Green Cards
Several paths to a work permit and employment green card are available to the prospective foreign graduate.
H-1B Work Permit and EB-2/3 Green Card
Most foreign students make their employment-immigration journeys by way of the H-1B temporary work permit, and the EB-2 or EB-3 employment-based green card petition. These two separate immigration processes may be pursued simultaneously or consecutively.
H-1B Specialty Occupation Work Permit
The H-1B is a temporary work permit, awarded for one particular employing entity, to allow one particular foreign worker to occupy a job position that requires “specialty occupation” skills. Specialty occupation skills are generally those which need at least a Bachelor’s degree in a closely related major.
Petitioner: The employer (and only the employer) must file the H-1B petition – the USCIS does not allow foreign workers to file their own petitions. Also, the foreign worker generally cannot have any ownership stake in the employing business.
The Lottery: With certain exceptions, most H-1B petitions are counted against a yearly cap of 65,000 (plus 20,000 for U.S. Masters degree holders). These “cap subject” H-1Bs must register for the H-1B lottery in March of any given year. Those which are selected in the lottery must then file a full petition in April. Selection and approval means that the H-1B employment may begin no earlier than October 1 of that year. (Exception: certain employers, especially those affiliated with non profit government organizations or research organizations, are not subject to the H-1B cap. Thus, they may file an H-1B for a foreign worker at any time of the year, but the foreign worker’s approved H-1B cannot be “ported” to a cap-subject employer at a later date.)
Note that STEM graduates are permitted 3 years of OPT, meaning that they may try their lottery submissions in three consecutive years, with a correspondingly higher chance of being selected at least once.
Duration: H-1B status lasts from 1 to 3 years. It may be renewed, but generally cannot exceed 6 years. (Exception: if the foreigner has an Employment Based green card petition already approved, but is delayed in receiving their green card due to a per-country waiting list, then their H-1B may be extended in 1- or 3-year increments indefinitely.)
Limitations: The employer and employee must abide by the work locations, work duties, job description, and minimum proffered wage, as outlined in the H-1B petition. If substantive changes occur to the work conditions, an H-1B amendment must be filed. An H-1B worker may change employers entirely, if desired, but the new employer must file an H-1B amendment.
Foreigner’s family: a spouse and children may receive H-4 status. This allows full time study in the U.S. If the H-1B worker has an approved EB-green card petition, then an H-4 spouse may also legally work.
EB-2 or EB-3 Employment Green Card
A U.S. employer may also sponsor a foreign worker for an EB-2 or EB-3 green card. An EB-2 petition is appropriate where the job position requires an advanced degree such as a Master’s degree or Ph.D. degree. An EB-3 petition caters to work positions which require a Bachelor’s degree.
PERM: At the employer’s application, the Dept. of Labor administers a detailed Labor Certification process via the Program Electronic Review Management (PERM). This Labor Certification process determines various parameters of the work position, especially its requirements for proffered wage and recruitment attempts. This process may take several months to over a year, depending on the facts of the case.
Priority Dates and per-country waiting lists: EB-2 and EB-3 categories are historically oversubscribed, meaning that the number of qualified approved candidates exceeds the number of annual slots available. Unlike the H-1B temporary work permit (which assigns its yearly quota by lottery), EB-2 and EB-3 adopt a “first in, first out” process. At the start of the PERM process or the start of the petition with USCIS – whichever is earlier – the foreign worker receives a “Priority Date”. Even after their EB-2 or EB-3 petition is approved, they may still be required to wait months or years before they can actually request a green card. The U.S. Dept. of State publishes a monthly Visa Bulletin which sets a cut-off date for such work green cards; a foreign worker’s Priority Date must be on or before the published cut-off date in order to file for a green card.
Indian- and Chinese-born workers face the longest EB-2 and EB-3 backlogs. Fortunately, their approved EB-2 or EB-3 petitions do allow them to indefinitely extend their H-1B work permit until their Priority Date becomes current and they receive their green card. If married to a spouse from a different birth nation, they may make use of Cross-Chargeability for a potentially faster process.
Other Work Options
Although the H-1B and EB-2/EB-3 route is by far the most popular, several other options exist for the F-1 foreign student seeking an American future – depending on their specific life circumstances.
Talented Individuals
A candidate who has “Extraordinary Ability” may consider an O-1A temporary work permit and/or an EB-1A green card. The O-1A must be filed by a U.S. employer, but the green card can be self-petitioned by the foreign candidate themselves. This is a demanding category which will require exhaustive documentation to show that the candidate has risen to the top few percentage of their field of skill. Although it is less commonly a match for an F-1 graduate, it can work well for an F-1 student who already has a rich career with many accomplishments to their experience.
A candidate who has “Exceptional Ability” may consider not only the H-1B work permit outlined above, but may consider an EB-2 National Interest Waiver. This differs from the standard EB-2 PERM (described above) because it bypasses much of the Dept. of Labor’s labor certification process, including the recruitment process, and the foreign candidate may self-petition. The requirements are significantly higher than a regular EB-2 or EB-3, and generally require copious documentation to prove that the candidate is “significantly above” the usual level of achievement in the field.
Managers and Executives
An F-1 student who was recently employed for at least 1 year overseas in a high-level corporate position (such as C-suite officer, board of directors, or general manager role) may consider the L-1A temporary work permit or the EB-1C green card. Not only does this require the candidate to show specific management work history, this also requires their prior foreign employer to have a close qualifying relationship with a U.S. business entity that seeks to hire them.
The L-1A duration is typically 1 to 3 years, renewable. It cannot exceed 7 years, but the candidate is permitted to benefit from a concurrently filed L-1A and EB-1C. The EB-1c category typically has either no waitlist at all, or a much shorter waitlist than the EB-2 and EB-3 categories.
Conclusion
The U.S. remains one of the world’s biggest educational destinations for foreign students, and is fortunate to attract foreign talent worldwide. To discuss the above categories in greater detail, visit our H-1B overview or Contact Us to lay out your path to an American career today!