How F-1 international students can stay in the US post-graduation

An OPT, while useful for students who want to gain practical experience in the US, also has its limitations. The student must find a position within 60 days of the F-1 expiry (or graduation date), otherwise they must leave the US. In addition, the employment taken must be in the student’s field of study and cannot be in any other field. Since an OPT is a temporary status expiring in one to three years, the student must find other means of furthering their stay in the US such as being selected for an H1-B employment visa or obtaining a green card.

H1-B Employment Visa

The H-1B visa allows immigrants, including newly graduated international students, to work in high-skilled job positions. However, in recent years, the H1-B visa route has become frustrating and uncertain for applicants. As an increasing number of foreigners apply to migrate to the US via this visa category, it is now oversaturated. Due to this, only 65,000 (and 20,000 for Master’s program graduates) the H1-B employment visas are allotted annually on the basis of a lottery draw in April of each year. Only those who have applied before the draw date will have a chance to be selected.

Previously the difficulty with an H1-B visa was finding a willing employer to sponsor the petition. However, with the high numbers of applicants, now even those who have secured a job position or sponsor employer will not be guaranteed an H1-B visa. Therefore, a graduate’s career path becomes dependent on a lottery system and luck. If one does not get selected in the draw in a given year, they must reapply the following year, thus delaying their career prospects in the United States. One can only enter the draw three times.

In the optimal scenario that one finds a sponsor employer and also obtains an H1-B visa, it is still important to note that this visa category does not come without its own limitations. Due to the visa being tied to an employer, foreign workers often find themselves stuck in their position with little career growth or movement both vertically and financially. In addition, if one were to lose their job, the time to find another position is also limited after which they must exit the US. This has been especially difficult for those recently in the tech industry who have faced massive layoffs while having built their homes and families in the US over many years.

Finally, the route to permanent residency (a green card) via the H1-B is certainly possible but for some nationalities, such as Indian born nationals, can take 10 to 15 years. Long processing time and the angst of being tied to one employer has resulted in both frustration and heartbreak for many dedicated H1-B holders.

EB-5 Immigrant Investor Program

There are only a few ways for an F-1 international student to obtain a US Green Card and permanent residency after completing their studies in the US. This may include family sponsorship if the student has parents who are US permanent residents or citizens or the Green Card lottery.

However, recently, there has been another route which has become increasingly popular for F-1 international students – the US EB-5 Immigrant Investor Program. For those families who have the ability to invest a refundable amount of USD $800,000 there is another more straightforward and certain path to the US Green Card through the EB-5 Program. The US EB-5 program is a direct route to obtain permanent residency in the United States and also has the benefit of eventually leading to US citizenship, through an investment into an EB-5 approved project.

Under this scheme, the application may include the investor, the investor’s spouse, and any children under the age of 21. However, a child can also be made a primary applicant having the funds for the investment gifted from a parent. This strategy is being used by many families across the GCC who may already have a child studying in the US on an F-1 visa or who may be on OPT post graduation. Many families are also using this route if their child who has graduated from a US university has tried to apply for an H1-B visa but is unable to secure one.

Why the EB-5 Program is the most attractive option for F-1 Students

In March 2022, the US government introduced the concept of Adjustment of Status (AOS) Concurrent filing for all EB-5 applicants. This was an important introduction which has further bolstered the popularity of the EB-5 visa scheme for international students, as it allows applicants already studying in the United States on an F-1 student visa or OPT status, to submit their paperwork for Adjustment of Status (AOS) concurrently with their EB-5 green card application without ever having to leave the US. Along with the AOS submission, the applicant can request an Employment Authorization Card and Travel Document (Advance Parole). The student’s status then changes from F-1 or OPT to “pending green card”. Although it does not allow the applicant to achieve the green card faster, within months, the applicant will have the ability to legally live and work in the US without employer sponsorship while they wait for their EB-5 green card application to be processed. Therefore, the applicant can begin taking advantage of many green card benefits even while waiting for the green card application to be processed and approved.

Benefits of planning ahead for international students

Although it is never too late to apply for a green card and obtain the benefits of the EB-5 Program, the US EB-5 Green Card becomes even more advantageous for those families who are proactive in planning for children who may want to eventually study or attend University in the United States

(1) Lower tuition rates - International students pay on average three times more than domestic students on University and College tuition. However, obtaining a green card and becoming a US permanent resident, allows students to pay domestic tuition rates and also receive in-state tuition depending on their state of residency. These savings can amount to more than $35,000 per year depending on the university, which can be particularly beneficial for families with multiple children or for children who will go on to do multiple degrees in the US.

(2) Access to scholarships and limited program spots — Every applicant to a US university is competing with students across the globe for a limited number of scholarships and coveted program spots available. However, with an EB-5 green card, students are open to a larger pool of spots in competitive university programs without facing the limitations of international student quotas which fill up quickly in the most reputed schools. This increasing the probability of being selected. The various states, federal government, and schools also provide grants and 0 per cent loans which are not available to international students but are accessible for Green Card holders and US citizens.

(3) No job limitation during education – Something often under-considered by international students and parents alike, is the importance of gaining important internship and work experience even during the course of a student’s education. Those on an F-1 student visa may face difficulties in finding positions both off-campus and on-campus during their education, whether paid or unpaid. F-1 students are limited both in the number of hours they can work on campus or off campus and whether they can accept paid or unpaid positions. This in combination with the fact that employers are more willing to hire US residents and citizens make finding coveted internship and summer work experience difficult for international students. Green card holders are not subject to such restrictions. Therefore, they can work freely and also avail themselves of useful work experience opportunities that could help in obtaining employment post-graduation alongside their US peers. For example, many of the top law firms in the US will only hire students who have worked for them summer upon summer as an intern.

A planned approach via the EB-5 program rather than a reactive approach, allows children to obtain permanent residency so they do not have to worry about their status post-graduation and can focus on accelerated career growth.

Contact the Step Global immigration lawyers to take advantage of a free consultation

The GCC’s leading immigration advisory firm, Step Global, headed by Managing Director and U.S. Lawyer Preeya Malik, is offering free consultations in the month of June to anyone interested in the US EB-5 Green Card program. Preeya herself will be present to advise families who would like to know more about this opportunity for future planning and strategizing for the future. Step Global is privileged to be the only firm in the GCC working with the top 5 most reputed EB-5 Regional Centers, hence being able to provide clients with all the best project options available, in one place.