.png "Work Visa Strategies and Solutions for University Students on F-1 Visas")
Rachel Beardsley
September 02, 2022
Newsletter ArticleAs universities begin fall semester classes, many students are already looking ahead towards internships during their university career, as well as full-time employment after graduation. For international students on F-1 student visas, these employment options may seem daunting as many may wonder whether they will need to obtain separate work visas for those pursuits. The good news is that with advance planning, international students can take advantage of a number of options should they wish to pursue employment while studying and after graduation. Given that some employers may not be aware of the work visa options available to F-1 students, it is also important for these students to be equipped with the knowledge of the work visa options available so that they can share this information with potential employers as necessary.
Work Visa Options During University Studies
While the F-1 visa category does not inherently provide work authorization, employment in F-1 visa status is available in certain circumstances. F-1 students may not work off-campus during the first academic year, though may accept on-campus employment subject to certain conditions. After the first academic year, F-1 students may potentially engage in off-campus employment through one of the following opportunities.
Curricular Practical Training (CPT)
An F-1 student who is currently enrolled in classes may work under CPT either during the semester or for a summer internship. CPT work authorization is authorized on the Form I-20, Certificate of Eligibility for Nonimmigrant Visa Status, endorsed by the Designated School Official (DSO) at the student's university and must be related to the student's course of study. The endorsed I-20 form must list the employer’s name. CPT employment may authorize part-time or full-time employment, though if an F-1 student works full-time in CPT status for 1 year, then they would not be eligible for OPT.
Optional Practical Training (OPT)
OPT is also authorized by the DSO at the university and must be related to the student's course of study. A student may be eligible for up to 1 year of OPT work authorization, which can be used during the school year or summer or after graduation. However, any OPT work authorization used during the school year or summer will be deducted from the post-graduation OPT. The student must apply for and obtain an employment authorization card (EAD) to be work authorized, which takes approximately a few months to obtain. The F-1 student must file the EAD application with the USCIS and must have the EAD in hand in order to commence employment.
Post-graduation OPT work authorization can be extended for an additional 2 years if the F-1 student has a degree in a Science, Technology, Engineering or Mathematics (STEM) field and if they are working for an employer that is enrolled in E-Verify. There are over 500 STEM degree categories, many of which are in agricultural fields such as Agricultural Animal Breeding, Agricultural Engineering, and Agronomy and Crop Science.
F-1 Visa Work Authorization Strategies
Since an F-1 student has the option of CPT or OPT work authorization while in university, which should they utilize? Generally, it is advantageous to leverage the CPT employment if possible since any OPT work authorization used during university is subtracted from the 1 year of post-graduation OPT. That said, if an F-1 student uses 1 year of full-time CPT employment, then they would not be eligible for OPT.
Work Visa Options After Graduation
F-1 students with a STEM degree are well-positioned for employment after graduation since they are eligible for a total of 3 years of OPT work authorization. Further, the 3 years of OPT work authorization provides them with a platform to shift to another work visa, such as the H-1B professional work visa.
In order to qualify for H-1B visa status, the student must be offered a professional role that requires a Bachelor’s degree, such as an Animal Scientist, Botanist, or Food Process Engineer, and the international student’s educational credentials must relate directly to the position offered.
Under the H-1B cap, there are 65,000 H-1B visas available for Bachelor’s degree holders, with an additional 20,000 H-1B visas allocated for individuals with advanced degrees (Master’s degree and above) from a U.S. university. However, with H-1B visa petitions filings exceeding the cap in recent years, the Immigration Service uses a lottery system – adding further uncertainty as there are no guarantees of selection. It is crucial that international students and their employers understand the lottery process as well as the associated deadlines. The H-1B cap registration period opens in March of each year, employers are notified of their selection in the lottery prompting them to file the H-1B petition between April 1st and June 30th. If the Immigration Service selects and approves an H-1B petition, then the H-1B approval notice is effective as of October 1st.
H-1B Work Visa Strategies
F-1 students with STEM degrees are well-poised for potential success in the annual H-1B cap lottery since they are eligible to enter the lottery 3 times during their 3 years of F-1 STEM employment. In addition, if the F-1 student has a graduate degree from a U.S. university, then they are eligible for the Master’s cap lottery, which increases the likelihood of lottery selection. An added benefit of lottery selection is that it provides the F-1 student with eligibility for cap gap, which prevents a gap in work authorization between the expiration of the EAD card and the October 1st effective date of the H-1B approval notice.
Conclusion
Whichever option F-1 students choose to pursue during or after their studies in the U.S., they can rest assured that they have solid work authorization pathways to gain professional experience through internships as well as the opportunity to secure employment in the U.S. after graduation.
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