Depending on your student visa type, the length of time you are allowed to stay in the United States after completing your studies (called "grace period") will vary. The grace period for F- 1 student visas is 60 days, while the grace period for M- 1 and J- 1 student visas is only 30 days. Therefore, before your student visa expires, you either need to apply for and get a work visa, or you need to participate in a training program. Otherwise, you will be sent out of the United States and then re-apply for a visa from your home country.
Introduction of American work visa
Although there are many different types of work visas in the United States, if you are an international student who doesn't want to participate in the training program, you need to apply for a temporary visa sponsored by your employer. If you want to stay in the United States permanently, you need to apply for a green card while applying for this visa.
In some special cases, if your employer offers you a permanent position, you can apply for a green card directly. However, as a graduate who has not started your career, this is probably an unlikely situation. If you want to stay in the United States permanently, first determine what this job can bring you: how stable your position looks and how much room for promotion (that is, can this position help you get a green card in the future? )
You can check all the details of each visa type and sub-visa type on the USCIS website, including eligibility criteria and application procedures. A few months before you graduate, go to the employment service department of your university and ask their advice on your choice to see how to best ensure your employment in the United States.
Temporary work visa (H- 1B)
However, the administrative procedures related to obtaining a US visa can be quite detailed and cumbersome. Although there are several different types of temporary work visas, as an international student, you are unlikely to be eligible for such visas. However, you can also check the details of all temporary work visas in the United States on the website of the US Consular Affairs Bureau.
If you want to work in the United States, but don't want to complete a training program, you need to find a job first (the employer must be American), and then he will nominate you for an H- 1B visa. This visa allows you to stay in the United States for three years, but it can be extended to six years at the longest.
This visa is applicable to graduates who hold a higher education degree (or equivalent) and are engaged in full-time work. You can't apply for this visa yourself: your employer will vouch for you and then complete the whole application process on your behalf.
First, your employer needs to complete a written document to prove that no American citizen is more suitable for this job than you, and give you a salary that meets the salary requirements set by the US Department of Labor (DOL). The salary review may last for 60 days.
Then, your employer must submit a working conditions application form (LCA) to the Ministry of Labor to prove that you meet the requirements for applying for this visa while working for them. This may take a week. After LCA certification, your employer will apply to the US Immigration Service and will be notified when the application is approved. Your employer may start applying for h 1-b six months before you start working. In each fiscal year, 65,000 H 1-B visas can be obtained, and another 20,000 visas are reserved for graduates with American university degrees.
Holders of H 1-B visas also have the opportunity to apply for a green card. This is an independent and thorough application process. You should think carefully to ensure that you have enough time to process the H- 1B visa before it expires. If you don't receive a green card before the visa expires, you need to live outside the United States for at least one year before you can re-apply for an H visa.
Optional internship training (OPT)
As a student with F- 1 visa, you will be able to complete a one-year internship in the United States after graduation, which will be directly related to your major. Every time you complete a learning stage, you will get one year's internship training: one year's internship training after the undergraduate stage and one year's training after the master stage. If you want to stay in the United States after graduation, you can apply for this visa after completing your studies. But remember, only students with F- 1 visas are eligible to apply.
You need the recommendation of the school representative (DSO) appointed by your university. DSO is a person appointed to help and manage the status of overseas students. All American universities that accept international students are bound by law to have at least one DSO. During the application process, you need to complete some certification processes with the school, including filling and submitting the OPT I-20 application form, which needs to be submitted to the International Service Office.
You can download this form from your host website or copy it from the international office. Then the university will send your application to the students and exchange access information system (SEVIS). If the application is successful, the system will generate a new I-20 immigration form for you.
After receiving the new I-20 form, you need to download and complete the I-20 and other forms, which are the necessary supporting documents for OPT application. For example, the University of Michigan provides details of these forms and further application details on its International Center website.
Students majoring in science, technology, engineering or mathematics (STEM) may be eligible to extend their OPT from one year to 24 months (that is, STEM-OPT). The application process for the extension of STEM-OPT is separate, which is outlined in detail on the website of new york University's immigration service.