1.What are the benefits of pursuing an H-1B visa?

The main benefits of pursuing an H-1B visa include:

1.The ability to work in the United States for up to six years;
2.The ability to transfer employers without having to obtain a new visa;
3.Allowance for family members to accompany the applicant to the United States and apply for work permits;
4.The ability to apply for permanent residence (green card) after meeting certain requirements;
5.Access to many government-sponsored benefits, such as Social Security and Medicare; and
6.The potential for higher wages than other foreign workers.

2.What is the difference between an H-1B visa and an L-1 visa for STEM graduates?

An H-1B visa is for foreign professionals, including those with a STEM degree, who are sponsored by an employer to temporarily work in the United States. An L-1 visa is for foreign professionals who are transferring from a company outside the US to a US affiliate or subsidiary of the same company. An H-1B visa requires that the position filled must be a specialty occupation, while an L-1 visa does not. Additionally, an H-1B visa is typically valid for 3 years and can be extended up to 6 years, while an L-1 visa has a maximum validity of 7 years.

3.How long does the H-1B visa application process take?

The H-1B visa application process can take anywhere from one to six months. The actual application processing time is dependent on the backlog of applications and current workload of the United States Citizenship and Immigration Services (USCIS).

4.What types of STEM occupations are eligible for H-1B visas?

Examples of STEM occupations eligible for H-1B visas include computer programmers, software developers, network administrators, computer scientists, engineers (mechanical, electrical, and civil), web developers, database administrators, statisticians, biochemists, and biologists. Other occupations that are eligible for H-1B visas are medical professionals such as doctors and nurses.

5.What are the criteria for obtaining an H-1B visa?

The criteria for obtaining an H-1B visa depend on the type of job the individual is seeking. Generally, the individual must have a job offer from a U.S. employer and demonstrate that:

1. The position requires at least a Bachelor’s degree, or equivalent in the field;
2. The individual holds a valid Bachelor’s degree, or equivalent in the field; and
3. The individual is being paid the prevailing wage for the position in the geographic area of employment.

In addition, the individual must have a valid passport and be able to demonstrate that they do not intend to abandon their residence in their home country while they are in the United States.

6.Are there any restrictions on how long a STEM graduate can remain in the US on an H-1B visa?

Yes, the H-1B visa currently has a maximum duration of six years, and STEM graduates may remain in the US for up to five consecutive years (known as the “five-year STEM OPT period”) on an H-1B visa. Extensions can be granted in certain circumstances, such as if an employer can demonstrate an inability to find a qualified replacement for the employee or if the visa holder has been granted a “green card” (permanent residence).

7.What is the F-1 Optional Practical Training (OPT) program?

The F-1 Optional Practical Training (OPT) program is a temporary employment opportunity for international students to gain practical experience in their field of study. It is intended to help students gain valuable skills and experience that will serve them in their future career. OPT may be authorized for up to 12 months for each educational level a student has completed (e.g., undergraduate, master’s, etc.).

8.What are the requirements for applying for OPT after completing a STEM degree?

In order to apply for Optional Practical Training (OPT) after completing a STEM degree, you must meet the following requirements:

•You must have a valid F-1 visa and be in valid F-1 status.
•You must have a valid passport.
•You must have a degree in an approved STEM field.
•You must have completed at least one full academic year in your STEM program.
•You must have the proper forms and documents to submit to USCIS.
•You must be able to show that you are able to support yourself financially while on OPT.
•You must be able to demonstrate that you are not working for more than 20 hours per week while on OPT.

9.What is the difference between OPT and CPT for STEM graduates?

OPT stands for Optional Practical Training, while CPT stands for Curricular Practical Training. OPT allows STEM graduates to work in their field of study for up to 12 months (24 months for some) after graduation. CPT is designed to provide practical experience that is an integral part of the curriculum of a student’s degree program. It requires the approval of the school and employer and must be part of the student’s academic program. CPT is typically limited to 12 months or less.

10.What are the advantages of pursuing a permanent residency through employment-based immigration?

•The ability to live and work in the U.S. indefinitely
•Opportunities to become a U.S. citizen
•Access to additional educational and career opportunities
•The ability to sponsor other family members for permanent residency
•Access to public benefits such as Social Security and Medicare
•Protection from deportation
•The ability to travel in and out of the U.S. freely

11.How long does the employment-based immigration process take?

The employment-based immigration process typically takes between six and nine months for the I-140 petition to be approved and up to two years for the I-485 application to be processed. However, the exact length of time varies based on individual circumstances and the type of green card being sought.

12.Are there any restrictions on how many years a STEM graduate can stay in the US with permanent residency status?

No, there are no restrictions on how many years a STEM graduate can stay in the US with permanent residency status. As long as the graduate holds a valid green card, they are free to stay in the US indefinitely.

13.Can STEM graduates pursue citizenship through naturalization?

Yes, STEM graduates may be eligible to pursue citizenship through naturalization. Depending on their qualifications, they may be able to use their skills to demonstrate knowledge of U.S. history and English language proficiency, which are both required for naturalization.

14.What is the criteria for becoming a US citizen through naturalization?

To become a US citizen through naturalization, an individual must:
1. Be at least 18 years old;
2. Be a permanent resident (Green Card holder) for at least 5 years OR be a permanent resident for 3 years if married to and living with a US citizen;
3. Have good moral character;
4. Demonstrate knowledge of English and US civics;
5. Pass a US civics and government test; and
6. Take an oath of allegiance to the United States.

15.How long does the naturalization process take for STEM graduates?

The naturalization process typically takes between 6 and 12 months for STEM graduates. The actual time can vary depending on individual circumstances.

16.Are there any other forms of immigration available to STEM graduates besides H-1B, OPT, CPT, and permanent residency?

Yes. Other forms of immigration available to STEM graduates include TN visas, EB-2 and EB-3 visas, E-3 visas, and J-1 visas.

17.What is the TN visa program and who qualifies?

The TN visa program is a type of work visa that allows citizens of Canada and Mexico to work in the United States in certain professional occupations. To qualify for the TN visa, the individual must have a job offer from a U.S. company and the job must meet the requirements of one of the occupations listed in the NAFTA agreement. Additionally, the individual must possess the qualifications and credentials necessary to perform the job.

18.What rights do TN visa holders have in the US?

TN visa holders have the right to work in the US in a designated profession for up to three years at a time. They can also travel in and out of the US while their visa is valid and extend their stay up to three years if necessary. They may also apply for permanent residence through other channels if they wish, but it is not required in order to stay in the US.

19.Are there any additional restrictions on TN visa holders compared to other forms of immigration?

Yes, TN visa holders do have additional restrictions compared to other forms of immigration. For example, TN visa holders are limited to a three-year period of stay in the US. They are also limited to working exclusively in an occupation listed on the NAFTA list. Additionally, they are not eligible for US permanent residency.

20.Are there any resources to help STEM graduates find jobs that qualify for different types of immigration visas?

Yes. There are resources available to help STEM graduates find jobs that qualify for different types of immigration visas. For example, the STEM OPT Hub provides information and resources on Optional Practical Training (OPT) for STEM students, which is a work authorization program for those in F-1 student visa status. Additionally, the American Immigration Lawyers Association (AILA) offers resources related to obtaining an H-1B visa, which is the primary visa category for professionals working in specialized occupations. Other resources include the U.S. Department of Labor’s PERM program, which allows foreign workers to obtain permanent residency and the National Association of Foreign Student Advisers (NAFSA), which provides resources and support for international students navigating U.S. immigration laws.