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I am an F-1 student who earned a Bachelor’s degree and used 6 months of my OPT. Can I use the remainder of the OPT if I get a second Bachelor’s degree? Family Immigration

I am an F-1 student who earned a Bachelor’s degree and used 6 months of my OPT. Can I use the remainder of the OPT if I get a second Bachelor’s degree?

Foreign nationals who come to the U.S. on F-1 student visas may have the opportunity to apply for work authorization before or after their graduation.
November 15, 2023
Photo courtesy of Evonne on Flickr, labeled for reuse: https://www.flickr.com/photos/evoo73/9140462500
I am in the U.S. on a post completion OPT and I filed a STEM OPT extension. Can I keep working after my OPT EAD expires and while the application is pending? Questions & Answers

I am in the U.S. on a post completion OPT and I filed a STEM OPT extension. Can I keep working after my OPT EAD expires and while the application is pending?

Let’s analyze the following scenario: You are currently in the U.S. working for Company X on your post-completion OPT. Your work authorization card is expiring on July 15 and you and your employer (Company X)  filed a STEM OPT extension…
July 22, 2020
Photo courtesy of Evonne on Flickr, labeled for reuse: https://www.flickr.com/photos/evoo73/9140462500
What is the maximum period of time I can be unemployed on OPT? What is the maximum period of time I can be unemployed on STEM OPT? Questions & Answers

What is the maximum period of time I can be unemployed on OPT? What is the maximum period of time I can be unemployed on STEM OPT?

If you are currently in the U.S. working on a post-completion OPT or if you graduated university and you are currently looking for a job related to your field of study, you may be wondering for how many days in…
July 15, 2020
Courtesy of PicServer, labeled for reuse: http://www.picserver.org/images/highway/phrases/employment.jpg
My H-1B registration was selected in the lottery and my F-1 OPT work authorization expires soon. Does the H-1B application have to be filed before it expires?? H-1B and E-3 VisaImmigration

My H-1B registration was selected in the lottery and my F-1 OPT work authorization expires soon. Does the H-1B application have to be filed before it expires??

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. There are a limited number of H-1B petitions that USCIS can adjudicate every year (65,000 Regular Cap petitions and additional 20,000 U.S. Advanced Degree Petitions). Every…
April 22, 2020
Creative Commons photo by Wilerson S. Andrade - labeled for reuse. https://www.flickr.com/photos/will_spark/8603567984
What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date? H-1B and E-3 VisaImmigration

What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date?

Let’s analyze the following scenario: You were in the U.S. on a post-completion OPT and found an employer willing to sponsor you for an H-1B visa. The employer filed an H-1B cap petition that got approved in July with the…
February 24, 2020
Photo courtesy of Evonne on Flickr, labeled for reuse: https://www.flickr.com/photos/evoo73/9140462500
What is STEM OPT extension? What degree do I have to have to qualify for the STEM OPT extension? When do I have to apply for the STEM OPT extension? Questions & Answers

What is STEM OPT extension? What degree do I have to have to qualify for the STEM OPT extension? When do I have to apply for the STEM OPT extension?

If you are currently in the U.S. and you are participating in a regular OPT, you may apply for a STEM OPT if you meet certain requirements. Do I have to have a degree from a U.S. University to qualify…
December 23, 2019
Photo courtesy of Evonne on Flickr, labeled for reuse: https://www.flickr.com/photos/evoo73/9140462500
I am studying in the U.S. on F-1 visa. Can I work in the U.S.? What is on-campus and off-campus employment? What is CPT and OPT? Questions & Answers

I am studying in the U.S. on F-1 visa. Can I work in the U.S.? What is on-campus and off-campus employment? What is CPT and OPT?

If you are studying in the U.S. as a full-time student at an accredited college or university on an F-1 visa, you may be interested in getting a job on or off campus and you may also want work in…
November 19, 2019
Photo courtesy of Evonne on Flickr, labeled for reuse: https://www.flickr.com/photos/evoo73/9140462500
What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status? H-1B and E-3 VisaImmigration

What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status?

Let’s analyze the following scenario: You are in the U.S. on F-1 OPT status and you are working for an employer. During the cap season, your employer files an H-1B Cap Change of Status petition and the case is selected…
September 30, 2019
USCIS Changes Policy Relating to Employer’s Training Obligation for STEM OPT Employees H-1B and E-3 VisaImmigration Law Changes &  New Law

USCIS Changes Policy Relating to Employer’s Training Obligation for STEM OPT Employees

For many foreign nationals who travel to the United States to study and earn a bachelor’s degree in the fields of science, technology, engineering or mathematics (“STEM”), the 24-month extension of their Optional Practical Training (“OPT”) is a critical to…
May 25, 2018
Photo courtesy of Evonne on Flickr, labeled for reuse: https://www.flickr.com/photos/evoo73/9140462500
Automatic Termination of OPT for F-1 Students if they Transfer to a Different School or Begin Study at Another Educational Level Immigration

Automatic Termination of OPT for F-1 Students if they Transfer to a Different School or Begin Study at Another Educational Level

The United States Citizenship and Immigration Services (USCIS) have issued a reminder that F-1 students on Optional Practical Training (OPT) will have their OPT status terminated automatically if they transfer to another school or begin studying at another education level.…
May 21, 2018
Courtesy of PublicDomainPictures, labeled for reuse: http://www.publicdomainpictures.net/pictures/160000/velka/american-flag-1459201553ppe.jpg
Department of Homeland Security Releases its Spring 2018 Regulatory Agenda ImmigrationImmigration Law Changes &  New Law

Department of Homeland Security Releases its Spring 2018 Regulatory Agenda

The Department of Homeland Security (DHS) has released it spring 2018 regulatory agenda, proposing significant changes to the B-1 and B-2 temporary visitor categories, the H-1B and EB-5 programs, F-1 practical training, and H-4 employment authorization. B-1 and B-2 Classifications:…
May 10, 2018
Courtesy of PicServer, labeled for reuse: http://www.picserver.org/images/highway/phrases/employment.jpg
USCIS Tightens Language on Employer-Employee Relationship and Third-Party Placement for STEM OPT Students H-1B and E-3 VisaImmigration Law Changes &  New Law

USCIS Tightens Language on Employer-Employee Relationship and Third-Party Placement for STEM OPT Students

The United States Citizenship and Immigration Services (USCIS) quietly revised the STEM OPT requirement page, showing only as “last reviewed/updated”, on January 24, 2018. USCIS revised the Optional Practical Training (OPT) temporary employment for F-1 students working in the science,…
May 8, 2018
Photo courtesy of Evonne on Flickr, labeled for reuse: https://www.flickr.com/photos/evoo73/9140462500
What is the SEVP Portal? What Are the Legal Reporting Requirements for an F-1 Student on Post-Completion OPT? Immigration

What is the SEVP Portal? What Are the Legal Reporting Requirements for an F-1 Student on Post-Completion OPT?

Foreign nationals who enter the United States to pursue educational degrees are admitted as F-1 nonimmigrants. Students on an F-1 Visa have the option of training in the United States by engaging in practical training related to the student’s major…
March 30, 2018
I have an employee on OPT. Are they eligible for the STEM extension? What are the employer and student obligations under the STEM OPT program? ImmigrationImmigration Law Changes &  New Law

I have an employee on OPT. Are they eligible for the STEM extension? What are the employer and student obligations under the STEM OPT program?

What is OPT? If you are a foreign national in the U.S. on an F-1 visa you can participate in temporary employment that is related to your field of study. This employment is called Optional Practical Training (OPT) and can…
June 16, 2017
Photo courtesy of Evonne on Flickr, labeled for reuse: https://www.flickr.com/photos/evoo73/9140462500
Department of Homeland Security Issues Final Rule on Two-Year OPT Extension for STEM Students ImmigrationImmigration Law Changes &  New Law

Department of Homeland Security Issues Final Rule on Two-Year OPT Extension for STEM Students

On March 11th 2016, the Department of Homeland Security issued a rule allowing certain students on F-1 visas with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education, who elect to pursue 12 months of…
March 18, 2016
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