Xiao Wang is CEO at Boundless, a technology startup that has helped thousands of immigrant families apply for marriage green cards and U.S.
citizenship while providing affordable access to independent immigration attorneys.More posts by this contributorThis fall, nearlyhalf a million international students will begin or return to STEM degree programs at U.S.
colleges and universities.
If youre among them, congratulations look forward to being wooed by talent-hungry U.S.
tech firms when you graduate.
But theres bad news, too: Undercurrent immigration rules, switching from a student visa to an employment visa can be tricky, so its important to understand whats required and how the latest policy upheavals could impact your journey.In theory, its a great time to be a STEM graduate.
U.S.
STEM jobs are expected to grow by nearly 11% or about 10.3 million positions between 2016 and 2026, faster than all U.S.
occupations.
In practice, however, it can be tough for international students to secure permanent residence in the United States.
The H-1B skilled-worker visa system isbadly clogged; a federal lawsuitcould slam the door on many STEM graduates, and the White House is shaking up both theskilled-worker andstudent visa systems.But dont despair: Theres still a pathway to a future in the United States you just might face a bumpy ride.
Whether youre starting your studies or preparing to graduate, its crucial to understand your options.Getting an employment-based visaAn employment-based green card requires an executive-level job, a truly extraordinary rsum, or an employer willing to pony up thousands of dollars in fees and labor-certification costs.
Because its hard to get a green card, most international STEM students aim for anH-1B visa, which lets you work for a specified U.S.
employer for up to six years.
Its not a permanent solution, but it can be a useful launchpad for your career.Even getting an H-1B isnt easy, though.
Theres a hard cap on H-1Bs: This year, there were more than 200,000 applicants vying for just 85,000 visas.
Recipients are selected vialottery, and while you could land an H-1B on your first attempt, many tech workers have to try again and again, and again before they finally get lucky.In the meantime, international students typically start out using the temporary work authorization through their student visa until they transfer to an H-1B.Lets dig into the details of whats allowed under your student visa:If youre on an F-1 visaImage via Getty Images / South_agencyTheF-1 student visa is one of the main on-ramps to the U.S.
tech sector for foreign-born workers.
Thats largely thanks to Bush- and Obama-era changes that expanded the Optional Practical Training (OPT) program, which allows F-1 holders to work at American companies after graduating, from 12 to 36 months.Graduates with multiple STEM degrees (such as a bachelors and masters degrees) can also chain together their OPT periods, working for up to six years in total before switching to another visa.
Thats great news because each year of OPT is another chance to play the H-1B lottery, increasing your odds of winning a visa.To use OPT, youll need to get awork permit (Employment Authorization Document, or EAD) as you near graduation.
Youll also need to file for visa extensions in order to make the most of your OPT entitlement.If youre on a J-1 visaSimilar to the F-1, theJ-1 visa is designed for students involved in cultural exchange programs or who receive substantial funding from governments or institutions.As a J-1 student, you wont get OPT but 18 months of Academic Training (AT).
Any internships or jobs you take during your studies will count toward your AT allotment, so its possible to finish your degree with less than 18 months of work authorization remaining.
And while a second 18-month AT period is available for postdoctoral research, theres no automatic extension for STEM degree holders: Once your 18 months are up, youll need to leave the United States.Theres another catch: Many J-1 visas come with ahome residency requirement (HRR), requiring holders to return to their home country for two years before seeking a work-based or family-sponsored U.S.
visa that or apply for an HRR waiver.If youre on an M-1 visaThe M-1 visa is used by students at technical and vocational schools, not academic programs.
As student visas go, its very restrictive: You wont be able to work off-campus and cant work for more than six months.
You also wont be able to switch to an F-1 visa and wont find it easy to transition to an H-1B.
If you hope to stay in the United States long-term, think carefully about whether an M-1 is right for you.No job lined up?If you dont have a job offer, there are other ways to stay in the United States after finishing your studies.
One popular option is to enter a graduate program: Getting a masters degree could extend your student visa by a year or two, while upgrading to a PhD program could get you several additional years.
In fact, an advanced U.S.
degree under your belt effectively doubles your chances of getting an H-1B in the same lottery.If you cant find work and dont want to keep studying, youll need existing family ties to a U.S.
citizen or lawful permanent resident (green card holder).
If youre the direct relative of one (for example, a spouse or child), then things are relatively easier: You have a clear path toward afamily-based green card, allowing you to live and work permanently in the United States.
Thats true even if youve become a family member through marriage: Youll be able to obtain amarriage-based green card more quickly and easily than an H-1B or other employment-based green cards.If youre the spouse or child of someone on a temporary visa, such as an H-1B or O-1 visa holder, you can usually obtain a dependents visa.
Such visas often allow you to study, but you wont qualify for OPT after graduating.
Its also getting harder forH4 visa holders to obtain work permits, so dont count on using a dependents visa to launch your career in Silicon Valley.
In many cases, OPT is still a better springboard to an H-1B or green card.If the person who claims you as a dependent applies for permanent residence, you may be able to get a green card through derivative benefits, meaning their green card eligibility trickles down to you.Next step: Mark your calendarImage via Getty Images / normaalsWhatever immigration status you currently have or want to get, youll need to plan ahead.
In some cases, you might need to start planning your next step almost as soon as you begin your studies, in order to make sure you arent left without a valid visa.For graduate study: Update your existing student visa before the end of the 60-day grace period (for F-1 visas) or 30-day grace period (for J-1 visas) following the program completion date listed on your Student and Exchange Visitor Information System (SEVIS) record and I-20 or DS-2019 form.For F-1 OPT: Apply no sooner than 90 days before and no later than 60 days after completing your studies.
If your official completion date is June 1, 2020, for instance, you can apply for OPT between March 3 and July 31 of that year.
For J-1 AT: Apply shortly before your program ends.
Your school will facilitate your AT application and will set its own deadline to process your paperwork before the end of your studies, but your AT must begin no later than 30 days after completing your program.For H-1B visas: Play the annual visa lottery held in early April.
Youll need a job offer lined up well in advance from an employer whos willing to sponsor you.
You cant begin working until your H-1B is approved, unless you have separate work authorization through OPT, AT, or some other means.
For employment-based green cards: The timeline depends on your specific green card category, but youll generally wait months or years.
For green cards through marriage to a U.S.
citizen: Youll typically wait 1013 months, but youll be able to stay in the United States while in the meantime, even if your student visa expires.For green cards through marriage to a permanent resident: Youll typically wait 2938 months, but youll need another valid visa, such as an unexpired F-1, for the first 1115 months.For family-based green cards (other than for spouses and children of U.S.
citizens): You might face a lengthy wait depending on your relationship to your sponsoring relative and home country.Whatever your plans, remember that immigration rules are constantly changing and seldom in ways that benefit new immigrants.
If you can, file your visa or green card application right away to avoid nasty surprises.Trouble coming down the lineIts important not only to understand your current visa but also to recognize that the U.S.
immigration system is in flux and many of the planned changes spell bad news even for immigrants with advanced degrees and vitally needed skills.The newpublic charge rule, for instance, will make it harder to get a green card if youve used public benefits and allows the U.S.
government to deny your application if they suspect youll fall on hard times in the future.
For STEM grads with solid job offers, that might not seem like a major concern, but the new rule will apply even to those on temporary visas, including H-1Bs, who wish to extend or change their immigration status.
At the least, its a sign of how much harder the immigration process is getting.The Trump administration is also targeting students with a new unlawful presence rule that imposestough punishments for minor violations of student visa terms.
Fortunately, the rule is tied up in court, but if it goes through, it could lead to lengthy bans on future work visas if youoverstay on your student visa, work in ways that arent authorized, or otherwise fail to play by the rules.Such changes underscore the importance of doing your own due diligence and not simply relying on your college or employer to steer you right.
Figuring out your immigration options can feel overwhelming but as the many thousands of foreign-born STEM graduates whove successfully built careers in the United States can tell you, its well worth the effort.Get your pressing immigration questions answeredHave a question about the complex and shifting immigration process? Boundless can help.
Please send your immigration-related questions to our resident immigration expert, Anjana Prasad, at ask.anjana@boundless.com.
We will consider your question for a future column on the Boundless blog.