Post Study Work Visa USA for Indians

Unlike countries like the UK or Canada, the United States does not have a single visa officially named a "Post-Study Work Visa." Instead, the mechanism that allows international students to work after graduation is a benefit of the F-1 student visa called Optional Practical Training (OPT).

OPT is temporary employment authorization that allows F-1 students to gain up to 12 months of practical, hands-on experience directly related to their major field of study. Think of it not as a separate visa, but as an extension of your student status designed to bridge the gap between academia and your professional career.

To be eligible for post-completion OPT, you must meet several key requirements set by the U.S. Citizenship and Immigration Services (USCIS).

Maintaining a Valid F-1 Visa Status

First and foremost, you must be in the United States and hold a valid F-1 student visa status at the time of your application. The entire OPT program is built upon the F-1 visa framework.

Academic Standing: Full-Time Enrollment

You must have been lawfully enrolled on a full-time basis for at least one full academic year at a college, university, conservatory, or seminary that is certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP).

Employment Must Relate to Your Field of Study

The employment you seek under OPT must be directly related to your major area of study. For example, a student with a Master's in Computer Science can work as a software developer, but not as a marketing manager, under their OPT authorisation.

For Indian students who have earned a degree in a designated Science, Technology, Engineering, or Mathematics (STEM) field, the opportunities are even greater. Eligible students can apply for a 24-month extension of their post-completion OPT.

This means STEM graduates can work in the US for a total of up to 36 months after graduation. This extended period is a significant advantage, providing more time to gain substantial work experience and giving employers a longer window to sponsor a more permanent work visa, such as the H-1B.

The application process for OPT is precise and time-sensitive. It is crucial to follow the steps carefully to avoid delays or rejection.

Step 1: Get an OPT Recommendation & New I-20 from Your DSO

The first step is to contact the DSO at your university's international student office. The DSO will verify your eligibility and, if you qualify, make an OPT recommendation in your SEVIS record. They will then provide you with a new Form I-20 that includes this recommendation.

Step 2: File Form I-765 for Employment Authorization

Once you have your new I-20, you must file Form I-765, Application for Employment Authorization, with USCIS. You have a specific window to apply: you can file as early as 90 days before your program completion date and no later than 60 days after it. It is highly recommended to apply as early as possible.

Step 3: Receive Your Employment Authorization Document (EAD) to Start Working

After USCIS receives your application, you will get a receipt notice. The processing time can take several months. Once your application is approved, you will receive an Employment Authorization Document (EAD), which is a physical card that serves as proof of your permission to work. You cannot begin working until you have the EAD card in hand and the start date on the card has been reached.

Required Documents for the USA Post Study Work Visa Application

• Form I-765 (Application for Employment Authorization): This is the main application form. Ensure you are using the latest version available on the official USCIS website and have filled it out completely and accurately.
• Two Passport-Style Photographs: These must be recent (taken within the last 30 days) and meet the U.S. Department of State's specific size and background requirements. It's best to write your name and SEVIS ID number lightly in pencil on the back of each photo.
• Copy of Your New Form I-20: This is not your old I-20. Your DSO will issue you a new Form I-20 with the OPT recommendation on page 2. You must sign this new I-20 and include a copy in your application.
• Copy of Your Indian Passport: Include a copy of the main biographical page showing your photo, name, date of birth, and passport expiration date.
• Copy of Your F-1 Visa: This is the F-1 visa stamp in your Indian passport. Even if it has expired, you should include a copy if it was the visa you used to enter the United States.
• Copy of Your I-94 Arrival/Departure Record: You can retrieve and print your most recent I-94 record from the official Customs and Border Protection (CBP) website.
• Copies of Any Previous EAD Cards: If you have ever been issued an Employment Authorization Document (EAD) before (for example, for on-campus work or a previous CPT/OPT), you must include copies of the front and back.
• Copies of All Previous I-20s (if required): Some universities or situations may require you to submit copies of all I-20s ever issued to you to prove you have maintained your student status. Check with your DSO on this.
• Application Fee: The payment for the Form I-765 filing fee. This can typically be paid via check, money order, or credit card (using Form G-1450). Always verify the exact fee on the USCIS website right before you apply, as it can change.

Receiving your EAD is exciting, but it comes with responsibilities.

Understanding the 90-Day Unemployment Limit

During your initial 12-month OPT period, you are not allowed to accrue more than 90 days of unemployment. For those on a STEM OPT extension, this limit is extended to a total of 150 days over the entire 36-month period. Exceeding this limit can result in a violation of your visa status.

Reporting Employment Changes to Your DSO

You must report any changes in your employment, including your employer's name, address, and any interruption of work, to your DSO within 10 days. Your DSO will update your SEVIS record accordingly.

Your academic status will change to an employment-based visa status when you convert your student visa (F-1) to a work permit in the United States. It provides several pathways for this conversion, primarily through programs like Optional Practical Training (OPT), Curricular Practical Training (CPT), and STEM OPT extension. Here’s a detailed guide:

Transition from a Student Visa to a Work Visa (H-1B)

The most common pathway after completing OPT or STEM OPT is transitioning to an H-1B visa, which allows you to work full-time in the U.S.

What is the H-1B Visa?

For specialised jobs requiring advanced knowledge or skills, the H-1B non-immigrant visa is available. It is typically used for jobs in fields like IT, engineering, finance, healthcare, and research.

Steps to Transition to an H-1B Visa:

• Find an Employer Willing to Sponsor You:
  • You must have a job offer from a U.S. employer who will sponsor your H-1B petition.
• Employer Files an H-1B Petition:
  • A Labor Condition Application (LCA) is filed by the employer with the Department of Labour (DOL), and USCIS receives Form I-129.
  • The application process opens annually in April, and approvals typically start in October.
• Participate in the H-1B Lottery (if required):
  • Due to high demand, H-1B visas are capped at 85,000 annually, with a lottery system in place for selection.
• Receive H-1B Approval:
  • If selected and approved, your status changes to H-1B, allowing you to work legally in the U.S.

Key Considerations for H-1B Transition:

• You can continue working under OPT or STEM OPT while waiting for H-1B approval if you meet the “cap-gap” rules.
• H-1B status is valid for up to 6 years (initial 3 years, with a 3-year extension).

Transition to a Permanent Work Visa (Green Card)

Some students may choose to transition to permanent residency (green card) through employment sponsorship.

Steps to Apply for an Employment-Based Green Card:

• Employer Sponsorship:
  • Your employer initiates the process by filing a PERM labour certification with the DOL, proving that no qualified U.S. worker is available for the role.
• Filing an Immigrant Petition:
  • The employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
• Adjust Status or Consular Processing:
  • If you are already in the U.S., you can file Form I-485 (Adjustment of Status) once your priority date is current.

The main government fee is for filing Form I-765. As of early 2025, this fee is $410 (approximately ₹35,290). However, you should always check the official USCIS website for the most current fee before filing. Some universities may also charge a nominal fee for processing your OPT I-20.

1. Gaining Practical Experience

OPT and STEM OPT are post-study work permits that enable international students to obtain practical experience in their field of study. This hands-on experience improves skill development and makes students more competitive in the global job market.

2. Networking Opportunities

Working in the USA gives students access to professional networks, mentors, and connections within their industries. Networking can lead to long-term career growth, job offers, and collaborations.

3. Pathway to Permanent Residency

Programs like the H-1B visa offer a pathway to permanent residency (green card). Many international students begin on OPT or STEM OPT, transition to H-1B status, and eventually apply for permanent residency if they secure long-term employment.

4. High Earning Potential

Indians need to know the average salary in the USA because it helps them decide about their careers and possible job prospects. Working in the USA provides access to some of the highest-paying job markets in the world, particularly in fields like technology, healthcare, engineering, and finance.

5. Exposure to Innovative Industries

The U.S. is home to cutting-edge industries such as artificial intelligence, biotechnology, renewable energy, and financial technology. Working in these sectors provides exposure to innovation and high-demand skills.

• Plan Early: Begin researching work visa options and eligibility requirements while you are still studying.
• Leverage University Resources: Seek guidance from your university’s international office and Designated School Official (DSO) for OPT, CPT, and STEM OPT applications.
• Build a Strong Network: Attend career fairs, connect with alumni, and network with professionals in your field to increase your job prospects.
• Focus on High-Demand Skills: Invest in acquiring technical and professional skills that are in high demand, especially in STEM and technology fields.
• Choose Employers Wisely: Look for companies that sponsor H-1B visas and are registered with E-Verify to support your long-term career in the U.S.

By taking strategic steps and utilising available resources, Indian students can successfully transition from academic life to a fulfilling career in the U.S.