Immigration Science Read in one article! What is the US OPT Visa? How long is it valid for?

Mondo Tourism Updated on 2024-02-07

Continuing your education after studying abroad? Or do you want to return to your home country to work? Or stay in the U.S. for an internship and complete the path of immigrating to the U.S.

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This is often the confusion and problem faced by many graduates studying in the United States, and whether they can stay through the path of study-work-green card has the element of luck and probability. Most students in the U.S. are forced to return to their home countries because they are unable to obtain H-1B visas.

There is also an OPT visa to be aware of during the job search, which may be related to the choice of major when staying in the United States.

Today, Xiaojun will talk to you about what the OPT visa is, how long it is valid, and how it affects our professional choice.

1. What is the U.S. OPT visa?

OPT (Optional Practical Training) is a type of work permit that U.S. student visa holders can apply for after completing their studies.

Specifically, OPT refers to a work permit for international students with an F1 visa to complete more than 9 months (1 academic year) of study and be approved by USCIS to conduct practical training in a relevant professional field.

OPT is not a visa type, it is just your transition from student to work, and with OPT you still need to maintain valid F1 status (i.e., I-20 validity).

There are two main types of opt:

pre-completion opt

post-completion opt

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1、pre-completion opt

This type of OPT is a pre-graduation application and is mainly used by graduate students and PhDs for professional needs before graduation.

Students may apply for Pre-Completion OPT after a full academic year of legal full-time enrollment in a USCIS-accredited college, university, **college, or seminary.

If the student is authorized to participate in the OPT of the pre-completion major, the student may work part-time (20 hours or less per week) during the school day and full-time when not attending classes.

2、post-completion opt

This type of OPT is often applied for by international students after graduation, and must be applied for 90 days before the completion of the degree or 60 days after the completion of the degree.

Students who are authorized to post-completion opt can work part-time (20 hours or less per week) or full-time.

If both types of OPT require an application, it is also important to note here:

The total duration cannot exceed 12 months, for example, if you have already taken a 10-month pre-completion opt, you can only take a maximum of 2 months of post-completion opt.

2. How long is OPT valid?

U.S. Citizenship and Immigration Services divides international students into two broad categories: general majors and STEM graduates.

The usual duration of OPT is 12 months, and students majoring in STEM can apply for an OPT extension for 24 months after the end of OPT, and the cumulative OPT for a degree can be up to 36 months.

The requirements for applying for OPT are as follows:

Applicants must have a valid F-1 visa;

Must have completed at least two semesters of full-time study in the U.S. and at least more than 9 months in the U.S.;

Current or completed a degree-based academic program.

Note: The person must be in the U.S. at the time USCIS receives your OPT application.

You can only apply for OPT once for each academic stage, and international students have one chance to apply for undergraduate, master's, and doctoral degrees. If the applicant has obtained two master's degrees and has already applied for and used OPT with the first master's degree, he or she cannot apply for OPT with the second master's degree.

3. The major that is preferred by OPT.

What is a STEM major? STEM is an acronym for four English words: Science, Technology, Engineering, and Mathematics.

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The reason why many people say that the most valuable thing to study in the United States is STEM majors, and the important reason is that they enjoy the privilege of 24 months more OPT than non-STEM majors.

STEM majors include: Science, Technology, Engineering, and Mathematics. If a student has earned a degree in these fields, they can apply to extend their post-completion OPT employment authorization for 24 months, for a total of 36 months of OPT.

There are a few things to note here:

After using OPT for one year, you must apply for an extension;

Both the employee and the employer complete the I-983** filing;

The employer needs to provide the FEIN business license number, and the employer must be an e-verify enterprise.

Many students who work in the United States also rely on this method to obtain an H1B visa in the United States. Generally, we are familiar with financial mathematics, financial engineering, computer science, computer engineering, artificial intelligence, and business statistics.

At this stage, it is important to note that you need to find a job as soon as possible after the OPT takes effect. If you can't find a job within 90 days, you will most likely be forced to cancel your status and have to leave the United States.

Of course, getting OPT is only a small step in the journey of immigrating to the United States, and it is a long and difficult road for Chinese students to complete the immigration path through studying abroad.

If parents want their children to be able to establish themselves in the United States in the future, it is safer and more cost-effective to reserve a green card status in advance.

Fourth, the way to immigrate to the United States quickly.

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1. EB-1A Extraordinary Ability.

The U.S. Alien of Extraordinary Ability is the first preference category in the U.S. employment-based immigration program. The five fields that meet the criteria for the selection of Americans of Extraordinary Ability are Science, Arts, Education, Business, and Sports.

Application Category 1:

Fully meet the Outstanding Talent Criteria: the world's top talents in their field.

For example: Nobel laureate, Oscar winner, Pulitzer laureate, etc.

Application Category 2:

If you meet any three or more of the following ten criteria to demonstrate outstanding ability and achievement in a certain professional field, i.e., the "three out of ten" criteria, you can apply.

*: Junyi immigration.

2. NIW National Interest Exemption.

NIW National Interest Waiver immigrants, also known as highly skilled immigrants, fall under a special category in EB2.

Category 1: Advanced Degree.

Applicants need to have a master's degree or above or equivalent from other foreign universities;

If you do not have a master's degree, usually the applicant has a bachelor's degree + more than 5 years of work experience, and you can also apply.

Application Category 2: Special Skills.

USCIS requires that you may apply for a NIW if you have exceptional skills in a specified field (science, arts, business), meet three of the six criteria, and can provide written evidence.

*: Junyi immigration.

3. EB-5 investment immigration.

EB-5 has relaxed requirements for applicants, with no age, language, educational qualifications, etc., and there is no need to start a business on their own or manage the business themselves. Applicants need to meet the following requirements in order to take their spouse and accompanying children under the age of 21:

a. Applicants must be at least 18 years old.

b. Investment amount requirements.

Invest $800,000 in TEAs (TEA areas) or $1.05 million in non-TEAs (non-TEA areas).

A Targeted Employment Area (TEA) is a rural or high-unemployment area.

Rural area: means any area other than the metropolitan area (MSA); or any city or town with a population of 20,000 or more, according to the most recent decennial U.S. Census.

High Unemployment Areas: Regions with an unemployment rate of at least 150% of the national average.

c. Investment amount**.

The investment amount needs to be proved to the immigration bureau legally**, which can be real estate mortgage, salary income, gifts or inheritances from relatives and friends, real estate sales, ** transactions, contracted enterprise retention, legal dividends of the company, etc.

d. No criminal record.

e. No infectious diseases.

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