How to Stay in US Legally After Graduation
As an international student studying in the United States, the thought of leaving the country after graduation can be daunting. Fortunately, legal avenues explore stay US completing studies. In blog post, explore options available, provide insight navigate complex process staying US legally.
1. Optional Practical Training (OPT)
OPT is a temporary employment authorization for international students who have completed or are pursuing their degree. It allows work US 12 months field study. If you have a degree in a STEM (Science, Technology, Engineering, Mathematics) field, you may be eligible for a 24-month extension of your OPT period.
Case Study:
According to the US Department of Homeland Security, in 2020, over 200,000 international students were approved for OPT, with around 89,000 students receiving the STEM extension.
2. H-1B Visa
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. To eligible H-1B visa, must job offer US employer position meet certain criteria.
Case Study:
According to the US Citizenship and Immigration Services, in 2019, there were 201,011 H-1B petitions approved, with a majority of beneficiaries holding a master`s degree or higher.
3. Marriage US Citizen
If you are in a genuine relationship with a US citizen, you may be eligible to apply for a marriage-based green card. This allows live work US permanently. However, it`s important to note that marriage fraud is taken very seriously by immigration authorities, and the process can be complex and require extensive documentation.
4. Employer Sponsorship
If you are highly skilled and have unique qualifications, some US employers may be willing to sponsor you for a green card. This process involves the employer demonstrating that they have been unable to find a qualified US worker for the position, and that hiring you will not negatively impact the US labor market.
Table: Green Card Sponsorship Statistics
| Year | Number Green Card Sponsorships |
|---|---|
| 2017 | 140,393 |
| 2018 | 152,392 |
| 2019 | 157,492 |
It`s important to consult with an immigration attorney to determine the best course of action for your individual situation. Navigating the complexities of US immigration law can be challenging, but with the right guidance, you can increase your chances of staying in the US legally after graduation.
Remember, each case is unique and the information provided in this blog post is intended for general guidance only. It`s always best to seek personalized advice from a qualified immigration professional.
Legal Contract: Post-Graduation Stay in the US
This contract is entered into on this day [Day] of [Month], 20[Year], by and between the United States Citizenship and Immigration Services (USCIS), hereinafter referred to as “the USCIS,” and [Name of Individual], hereinafter referred to as “the Applicant.”
| Clause | Description |
|---|---|
| 1. Purpose | The purpose of this contract is to outline the legal requirements and obligations for the Applicant to remain in the United States legally following their graduation from an accredited educational institution. |
| 2. Eligibility Criteria | The Applicant must meet the eligibility criteria as outlined in the Immigration and Nationality Act (INA) and relevant USCIS policies to be considered for post-graduation stay in the US. |
| 3. Application Process | The Applicant shall submit a formal application for post-graduation stay to the USCIS, providing all necessary documentation and evidence to support their eligibility for such status. |
| 4. Compliance with Immigration Laws | The Applicant agrees to comply with all relevant immigration laws and regulations during their stay in the US, including reporting requirements and maintenance of legal status. |
| 5. Duration Stay | The USCIS shall determine the duration of the Applicant`s post-graduation stay in the US based on their individual circumstances and eligibility, in accordance with the law. |
| 6. Termination Stay | The post-graduation stay Applicant may terminated USCIS fail comply terms contract violate immigration laws regulations. |
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written.
10 Legal Questions About How to Stay in US Legally After Graduation
| Question | Answer |
|---|---|
| 1. Can I stay US graduation? | Absolutely! There are several visa options available for students who have graduated from a US institution. The most common ones include the Optional Practical Training (OPT) and the H-1B visa. |
| 2. What is Optional Practical Training (OPT)? | OPT period undergraduate graduate students F-1 status completed pursuing degrees nine months permitted United States Citizenship Immigration Services (USCIS) work 12 months student visa towards getting practical training complement field studies. |
| 3. How I apply OPT? | First, contact your designated school official (DSO) to recommend the appropriate training opportunity, then apply to USCIS for the Employment Authorization Document (EAD). |
| 4. What H-1B visa? | The The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise specialized fields IT, finance, accounting, architecture, engineering, mathematics, science, medicine. |
| 5. When I apply H-1B visa? | The H-1B visa has an annual cap, so it`s crucial to apply as soon as the application period opens on April 1st to increase your chances of being selected in the lottery. |
| 6. Can I change my visa status from F-1 to H-1B? | Yes, possible change visa status F-1 H-1B find employer willing sponsor H-1B visa. However, this process can be complex and may require the assistance of an immigration attorney. |
| 7. What is the Green Card lottery? | The Diversity Immigrant Visa Program, also known as the Green Card lottery, is a lottery system that grants up to 55,000 immigrant visas annually to individuals from countries with low rates of immigration to the United States. |
| 8. Can I apply for a Green Card after graduating from a US university? | Yes, may eligible Green Card employment job offer US employer willing sponsor permanent residency. |
| 9. What O-1 visa? | The O-1 visa is for individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics, or those with a demonstrated record of extraordinary achievement in the motion picture or television industry. |
| 10. How I increase chances staying US graduation? | Networking, gaining practical experience through internships and extracurricular activities, and seeking the guidance of an experienced immigration attorney can significantly increase your chances of finding a legal pathway to stay in the US after graduation. |