How to Stay in the USA After Graduation

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1Applying for Optional Practical Training (OPT)

2Finding Work After Graduation

3Getting a Cap-Gap Extension

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Tips and Warnings

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If you come to the US to study, you'll have an F-1 visa issued by US Citizenship and Immigration Services (USCIS) that allows you to attend university classes and do some work, particularly working on campus, while you study. After you graduate, you have a 60-day grace period to decide what to do or make arrangements to return to your home country. However, if you want to stay in the US after graduation, it's best to get started making arrangements as soon as possible during your last year of college. If you find a job, you can usually get a visa to stay in the US with your employer's sponsorship.

Steps

Method 1

Method 1 of 3:

Applying for Optional Practical Training (OPT)

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   Talk to someone in your school's office for international students. Before you can get approved for OPT, you need approval from your school's designated school official (DSO). That person makes a note in your record on the Student and Exchange Visitor Information System (SEVIS) recommending OPT.

   • You may need to complete an interview before this recommendation will be made. Be prepared to explain how you're going to use the time. If you already have on-campus employment or an offer of an internship or other part-time employment related to your degree program, mention this to your school's DSO.
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   Confirm that your SEVIS record has been updated. Your school's DSO is responsible for updating your SEVIS record with a recommendation that you be granted OPT. You may need to submit additional forms to the DSO, such as a written offer of employment.

   • The DSO will also add an endorsement to your Form I-20, Certification of Eligibility for Nonimmigrant Student Status, to reflect the OPT extension.
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   Complete Form I-765. Type your answers or print legibly using black ink. Answer all questions completely and honestly. If there is a question that doesn't apply to your situation, state that it doesn't apply and provide a reason why — don't just leave it blank.

   • Your school's office for international students may have the forms and information you need or you can download the form and instructions at https://www.uscis.gov/i-765.
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   Scan documents to support your application. Most of the information you provide on the form must be backed up with evidence. The instructions include lists of likely evidence you'll need. At a minimum, include copies of the following:

   • The front and back of your Form I-94, Arrival-Departure Record, your passport, or other travel document
   • The front and back of any government-issued identity document showing your photo, name, and date of birth
   • 2 identical passport-style photos that were taken recently
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   Submit your application to USCIS with the appropriate fee. As of 2020, the filing fee for Form I-765 is $410. Pay using a check or money order payable to "U.S. Department of Homeland Security" in US currency and drawn on a bank or other financial institution located in the US.

   • Check https://www.uscis.gov/i-765-addresses to determine where you should mail your completed application and filing fee. Your school's office for international students might also help you file the form.
   • You can fill out form G-1145, available at https://www.uscis.gov/sites/default/files/document/forms/g-1145.pdf, if you want electronic notification when your application has been received. This notification does not mean that your application has been approved.
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   Wait for a decision on your application. It can take several months for USCIS to make a decision on your application. In the meantime, USCIS may contact you for additional documentation or to schedule an interview. Respond to any communication from USCIS as quickly as possible to avoid abandoning your application.

   • Check https://egov.uscis.gov/processing-times/ to get an estimate of how long it will take USCIS to make a decision on your application.
   • When USCIS has made a decision, they will notify you in writing at the address you provided on your application. If your application is denied, the notification will include the reason for the denial. You can immediately apply again if you want to, although you'll have to pay the full filing fee again.

   Tip: With OPT, you can work up to 20 hours a week for a maximum of 12 months. If you start work under the OPT before you graduate, that time counts towards the total 12 months.
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   Add on a STEM OPT extension if you qualify. If you have a qualifying degree in a science, technology, engineering, or math (STEM) field, you can extend your OPT up to 24 months after your initial OPT period ends. You must have an employer who is enrolled in and is using E-Verify. To apply, submit the following to USCIS up to 90 days before your current OPT expires:

   • Form I-765, including your employer's name and identification number as listed on E-Verify
   • Form I-20 endorsed by your school's DSO
   • A copy of your qualifying STEM degree
   • The filing fee ($410 as of 2020)
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Method 2

Method 2 of 3:

Finding Work After Graduation

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   Start your job search as soon as possible during your last year. The easiest way to stay in the US after graduation is through an H1-B visa. However, to get this visa, you need an offer of employment before you graduate because your employer needs to file the visa petition on April 1 or as soon as possible after that date.

   • Timing is especially critical if your visa is subject to the cap. The US only issues a limited number of H1-B visas each fiscal year. The fiscal year begins on October 1 and employers can file petitions as soon as 6 months before the beginning of the fiscal year — April 1.
   • If you wait until after you graduate to start looking for a job, you'll likely have to return to your home country for at least a few months. That few months could stretch into years. Additionally, it will be much more difficult to try to find employment in the US from your home country.
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   Do an internship before you graduate. Internships often lead to job offers after graduation and also provide experience in your chosen field. Your school's office for international students as well as the career services office can hook you up with information about internships in your field.

   • Professors might also have leads for internships that are more specific. Ask professors who taught classes you particularly enjoyed or were most interested in.
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   Seek out employers who are known to hire international graduates. If an employer has hired an international graduate before, they're more likely to do so again. Additionally, they'll have familiarity with the process of sponsoring an employee. Large corporations with many international employees likely already have a system in place to streamline the process.

   • Use online resources to find employers who are interested in international hires. You can search international listings at http://www.goinglobal.com/. You can also browse the top H1-B visa sponsors at http://www.myvisajobs.com/Reports/2018-H1B-Visa-Sponsor.aspx.
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   Explain the laws that affect your status to potential employers. Many employers aren't familiar with the immigration laws that allow you to work in the country — especially if they don't frequently hire workers from other countries. When you interview for a position, have confidence in your status and be able to explain how you are permitted to remain in the US after graduation.

   • If you have forms the employer will need to complete after they hire you, have copies with them and be able to explain those forms to them.

   Tip: Reach out to your school's office for international students. They'll have staff members who can explain the procedures you need to know and help you with forms.
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   Get your new employer file an H1-B petition on your behalf. If you get a job with an employer who frequently hires international graduates, they'll likely have a system in place for completing and filing petitions for H1-B visas. However, if your new employer has never gone through this process before, you'll likely have to explain to them what they need to do.

   • Your school's office for international students has resources that can help you get this information together for your new employer. They may also have someone your employer can talk to who can also help explain the process.
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   Stay in the country while waiting for USCIS to approve your H1-B petition. It can take several months for USCIS to approve your H1-B petition. If you graduate in the meantime, you have a 60-day grace period before you have to leave the country. However, USCIS will consider your petition abandoned if you leave the country at any point before it's approved.

   • If you need to travel to your home country for an urgent reason, talk to someone in your school's office for international students. They can help you make arrangements so that your petition is not considered abandoned.
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Method 3

Method 3 of 3:

Getting a Cap-Gap Extension

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   Determine if your employment offer is exempt from the cap. If your employment offer is subject to the cap, you can't start work until the beginning of the fiscal year on October 1. This would mean there was a gap between when your F-1 visa expired and when your employment began. However, some employers aren't subject to the H1-B caps, particularly work at educational institutions and nonprofit organizations.

   • Your employer typically will be able to tell you if your employment offer is subject to the H1-B caps. You can also ask someone in your school's office for international students.
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   Confirm that your employer filed your H1-B petition on April 1. You're eligible for a cap-gap extension if you have a pending H1-B application when you graduate and your F-1 visa expires. Usually, this means that your employer filed your H1-B petition on April 1 or shortly after that date and requested a start date for you of October 1.

   • Your H1-B petition doesn't have to be granted for you to be eligible for a cap-gap extension, it only has to be timely filed. If you leave the country while you still have a pending H1-B petition, USCIS would consider that petition abandoned.
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   Fill out a Cap Gap I-20 Request form. You can get a request form from your school's office for international students. The office likely has an electronic copy that you can fill out and submit online.

   • Scan your copy of your H1-B petition and filing confirmation. You can get these documents from your employer if you don't already have them. Send these digital copies to your school's office for international students.
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   Get a copy of your new I-20 from the office for international students. After receiving your request, your school's designated school official (DSO) in the office for international students will update your I-20 to note that you have a cap-gap extension of your F-1 status.

   • Cap-gap extensions are issued automatically provided you meet the eligibility requirements, so you don't have to wait for anything to be approved.

   Tip: Your extension is only valid until September 30. If your H1-B visa is granted, it will start on October 1. If your H1-B petition is denied, you'll likely have to return to your home country.

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Tips

• If you're accepted to a graduate or doctoral program, apply for a change of level and get an extension of your F-1 visa. Your school's office for international students can help you with this.
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