Health Insurance for OPT & STEM OPT Students

Short term health insurance designed to protect you after graduation.

OPT student health insurance plans

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The materials and information contained in this web site are provided "as is" and without any warranty of any kind, either expressed or implied. This includes but is not limited to any implied warranties of merchantability or fitness for a particular purpose. Lewerglobal assumes no liability of any kind, whether in contract, tort, strict liability or any other type of liability, for damages of any kind incurred as a result of the use of this web site.
Rates are shown in United States (U.S.) dollars. Rates shown on this website are illustrative only; actual premiums, rates and terms of coverage will only be determined after you apply for insurance and that application is accepted. For costs and further details of the coverage, contact Lewerglobal. Rates shown are based on 30 days of coverage.Benefits are subject to exclusions and limitations, and are payable only at Usual, Reasonable, and Customary charges.Please note that these plans do not meet the requirements of the Affordable Care Act (ACA). LG-0723-OPT-02.
Nothing on this website supersedes in any way the Certificate of Insurance and governing documents (together the “Insurance Contract”). 
The Insurance Contract is the only source of actual benefits provided.

Need More Information?

How Long Will I Need OPT Health Insurance?

When does your current insurance run out? You will need to ask either your advisor or your insurance company when you are no longer eligible. You want to set your start date of your OPT insurance for the next day.

Understand when you need to start and finish your OPT insurance (see image for more details).

Last Term

  • Apply to graduate
  • Apply for OPT
  • Look for jobs
  • Think about life:

       New city?
       New apartment?
       New insurance?

 

Graduation

  • You may start OPT within 60 days of your graduation  date
  • Are you eligible on your current health insurance for a 60-day period?
If yes: move ahead to Start a job. If not: buy health insurance to cover the 60-day period and any period into the future where you want health insurance

Found a Job?

Yes – skip to Start a job

Still looking? Buy or extend OPT insurance for 1 to 3 months

(Remember you only have 90 TOTAL days of unemployment, not 3 months to find a job)

Start a Job

Congrats!!

However, many companies have an exclusion period where you have to wait to be covered by their group plan. This can be 30 to 90 days.

Does your company have an exclusion period after hire or your company’s plan is too expensive?

Yes: extend or by an OPT plan for this period

Lewerglobal OPT CARE

You can choose to buy insurance from your graduation date up to 364 days 

We recommend buying at least 120 days

Pro tip: unless you are certain you will start at a job that will cover you right away, buy 120 days of coverage from your graduation date and you can extend for more time if needed.

Blogs

Working in the United States as an International Student

International Student working

Most international students have the opportunity to work on and off campus while studying in the United States. This can be a great way to gain valuable work experience, supplement your income, and network with other students and colleagues.

However, as an international student, it is critical that you follow the rules associated with your visa. Remember, most international students’ visas are referred to as non-immigrant visas, which means your main purpose in the U.S. is to be a full time student.

If you got an F 1 student visa, you had to show that you were financially able to fund your studies during your visa interview, right? So the U.S. government says most international students should work only part-time.

Since certain visas have various rules and regulations regarding employment, for this article we’ll be focusing on employment for F 1 student visas. We’ll highlight the regulations of on campus employment, curricular practical training (CPT), optional practical training (OPT), and important tips for resumes and cover letters so you can work on getting your first job offer.

F1 International Students and On-Campus Employment

hero image-student

There are various on campus jobs international students can find, such as helping out in the school bookstore, cooking or serving food in a campus cafeteria, working the front desk of your residence hall, etc. Most universities have a website, also called a job board, that lists the many on campus employment opportunities available throughout the academic year and summer months.

First and foremost, before you start looking for on-campus employment, it’s important to ensure you’re eligible. If you’d like to work on campus, schedule a meeting with a university designated school official (DSO) at the international student office.

A DSO will double-check your status and program of study and that you’re active in the Student Exchange Visitor Information System (SEVIS). SEVIS is an online database that DSOs needs to update so the Department of Homeland Security (DHS) can keep track of all international students in the U.S., including F1, J1, and M1 students and their dependents.

If your SEVIS record is active, you can start submitting applications for on campus employment and even start working up to 30 days before your class start. If you get a job offer, congratulations! But before you begin working your on campus job, you’ll first need to get a social security number (SSN).

How to get a social security number (SSN)

A SSN is a nine-digit number assigned to all U.S. citizens, permanent residents, and employed nonimmigrants. A SSN is essential for identification purposes, as well as reporting wages to the government and for some states, getting a drivers license.

When your DSO approves your eligibility to work on campus, they will give you an approval letter. You’ll take that approval letter and the offer letter from your on campus employer and apply for an SSN. You’ll receive your SSN card in the mail and you can begin working.

On Campus Employment: Working 20 hours per week

One of the most important rules international students need to follow working on campus is the 20 hours per week rule. An international student is only allowed to work 20 hours per week!

Working more than 20 hours per week is a violation of your F 1 student status, and DHS could take action against you, such as revoking your student visa and requiring you to leave the U.S.

There are certain exceptions, such as severe economic hardship caused by unforeseen circumstances. For example, perhaps an international organization back home was providing you a scholarship but they’re no longer able to fund it anymore. You’ll need to provide proof of severe economic hardship to your DSO in order to receive permission from U.S. Citizenship and Immigration Services (USCIS) to work more hours.

Additionally, international students can work more hours during holidays and vacation periods if you plan to continue your full time status the following semester.

Curricular Practical Training (CPT): On Campus or Off Campus Employment and Internships

work off campus international students

Curricular Practical Training (CPT) is for international students who want to work a job or internship that’s directly related to their academic program and it helps fulfill academic credit.

For example, a bachelor’s degree program may require you to complete an internship in your field in order to graduate. These internships, practicums, etc. can be paid or unpaid, on campus or off, but you will need to apply for CPT before starting.

If you want to complete CPT, schedule an appointment with a DSO at your international student office. They will determine your eligibility for CPT by confirming the following:

  1. You maintained full time status and good academic standing for at least one academic year (graduate students are exempted if the program requires them to begin CPT immediately)
  2. The employment/internship is a mandatory part of your degree program.
  3. You already have a job offer.
  4. The job offer is directly related to your major or field of study.
  5. The job offer or internship is only available before graduation.

Once approved for CPT, you can only work for the approved employer for the established dates. You may be eligible to work more than 20 hours per week depending on the job offer or internship.

While there is no limit to how long you can work on CPT, you need to be careful that it doesn’t interfere with your optional practical training (OPT) eligibility, especially if you want to work in the U.S. after graduation. If you work a total of 365 days on CPT, you will not be eligible for OPT.

Optional Practical Training (OPT) for F 1 Students

Optional Practical Training (OPT) is for international students seeking employment one year before graduating (pre completion OPT) or after graduation (post completion OPT).

To be eligible for OPT, an international student must work a job that’s directly related to their major. International students must first meet with a DSO and receive approval from USCIS. Once approved, you will receive an employment authorization document, also known as an EAD card. This allows you to work anywhere off campus, as long as the work is related to your academic program.

You don’t need to have job offer in hand when you apply for pre completion OPT or post completion OPT, which can be a good thing because it can take USCIS up to 90 days to process your application. You can’t start work until you have your EAD card, so working with your DSO on the timing of your application is essential so you can receive work authorization in time to begin employment.

International students are eligible for 12 months pre-completion OPT and 12 months of post completion OPT, but for some post completion OPT students, they can apply for an extension.

STEM OPT Extension

For international students in science, technology, engineering, and math (STEM) fields, they can apply to extend their post completion OPT by 24 months.

To be eligible for the STEM OPT extension, an international student:

  1. Must have graduated with a STEM degree as defined by USCIS,
  2. Are currently employed by an employer using E-Verify,
  3. Received an initial approval of post completion OPT and an employment authorization document based on a STEM academic degree.

To understand all the rules and timelines of working in the U.S., if it’s an on campus job, CPT, or OPT, it’s essential that international students familiarize themselves with USCIS resources and meet with a designated school official in order to maintain their legal status.

Resumes and Cover Letters: Quick Tips for International Students

If you’re seeking employment on campus, or your in the process of obtaining work authorization for an off campus job, your resume and cover letter will be essential for no matter what. These two documents are your first impression to potential employers and can make or break your opportunity to land an interview.

Your resume should be tailored specifically to the job you’re applying for and highlight your relevant skills and experiences. Make sure to include your contact information, education, work experience, and any relevant certifications.

In the U.S., do not include a photograph of yourself, your marital status, or gender. In the U.S., there are strict laws to prevent discrimination or bias during the hiring process, so these items are usually encouraged to be left off.

As for your cover letter, this should complement your resume and explain why you are the best candidate for the job. Pick two or three examples from your resume that you can expand on that relates to the job and anything else you would like the potential employer to know.

For both documents, it’s essential they are both free from spelling and grammatical errors. Most universities have a career office that helps students craft resumes and cover letters, so be sure to utilize their services!

International Students Can Work in the U.S. and Gain Valuable Experience

In summary, international students can work in the U.S. and find it to be a rewarding experience. And hey, you may be able to help cover some other costs, like living expenses, tuition, and health insurance. Just be sure you meet with your DSO to understand and follow regulations.

And if it’s before or after graduation, you can count on Lewerglobal for your health insurance needs. We offer F 1 student health insurance plans, as well as plans that cover you during OPT. Don’t hesitate to reach out to our team with any questions!

Planning Ahead: Applying for OPT and OPT Student Health Insurance

If you are an international student studying in the United States and are nearing graduation, you may be considering Optional Practical Training (OPT) to gain valuable work experience in your field of study. 

OPT allows you to work in the US for up to 12 months after completing your degree, or up to 36 months if you have a qualifying STEM degree. While the OPT program is an exciting opportunity, it is important to understand the requirements and responsibilities that come with it, including the need for health insurance.

In this blog, we’ll explain the basics of what you need to know about OPT, how to apply, and helpful resources. Then, we’ll cover important information about OPT student health insurance and finding the best medical coverage for your needs. 

Key Takeaways: OPT and OPT Student Health Insurance

  • OPT allows international students to work in the US after completing their degree.
  • Understanding the OPT timeline is essential so you don’t miss USCIS application deadlines. 
  • It’s extremely risky to go without health insurance during the time between your graduation and when your OPT begins.
  • You can purchase OPT student health insurance and extend coverage depending on your employment situation.
  • It is important to research and compare different OPT student health insurance plans to find the best health insurance for your needs.

What is OPT?

OPT, short for Optional Practical Training, is a program that allows F1 visa holders to work in the US for up to 12 months (36 months for STEM degrees) before or after completing their degree program. During this period, you can gain valuable work experience in your field of study and apply the knowledge you gained in your studies to the real world.

Most international students choose post-completion OPT, which is after graduation. After applying, you’ll receive an Employment Authorization Document (EAD) with a start and end date of legal employability in the US.

OPT student eligibility

To apply for OPT, international students must  graduate from or be attending a SEVP-certified university or college and meet the following criteria:

  • Have completed at least one academic year as a full-time student by the OPT start date;
  • Maintain F1 visa status during the OPT application process; and
  • Have not previously completed OPT at the same degree level.

What is STEM OPT?

International students in a science, technology, engineering, or math degree program can apply for STEM OPT, which extends their employment authorization by an additional 24 months. In total, STEM OPT students can work up to 36 months.

How to apply for Post-Completion OPT

International students can apply for OPT by following these steps:

  1. Submit an OPT application to a designated school official (DSO), also known as an international student advisor, for review. Your DSO must recommend you for post-completion OPT and STEM OPT extension.
  2. Complete a new Form I-20 as well as a Form I-765 (Application for Employment Authorization with USCIS) and pay the $410 filing fee. Prepare to wait 90 days for your application to be processed.
  3. You will receive a I-797 Receipt Notice around 2-3 weeks after submitting your application. This will have your case number so you can track your application’s progress on the USCIS website.
  4. Receive your Employment Authorization Document (EAD) in the mail.

It’s essential to time your OPT application so you can be eligible to work right after graduation. The earliest you can apply is 90 days before graduation, and the latest you can apply is 60 days after graduation.

Be sure to read more about the OPT timeline in our previous blog post.

What is OPT Student Health Insurance?

OPT student health insurance is specifically designed for international students working in the US while on OPT.

OPT students are in a unique situation because they often are not eligible to keep an insurance plan provided by their university or college. Or perhaps you’re still looking for employment and need health insurance coverage. These are just two reasons why many international students purchase OPT health insurance.

Is OPT student health insurance really that important?

OPT student health insurance is essential for international students. OPT insurance can provide coverage for unexpected medical care, emergency medical evacuation, medicine and treatments for pre-existing conditions, and so much more.

Without OPT health insurance, you may be responsible for paying high out-of-pocket medical costs. Finding an affordable health insurance plan is possible and having such a plan can help you significantly reduce possible financial burdens related to the cost of healthcare while working in the US.

When should I start and stop my OPT health insurance?

To determine when your OPT coverage should begin, you must first determine when your current insurance plan ends and when your OPT begins. You can look at your current student insurance plan or ask an international student advisor for help.

When to purchase OPT health insurance can also depend on when you start your job. Most full-time employees have insurance through their employer. 

As an OPT student, you may be covered by your current student insurance plan for up to  60 days after graduation. If not, you can purchase OPT health insurance to cover this time period.

Once international students have their OPT start date, they have up to 90 total days to find employment. You can purchase or extend your OPT health insurance coverage for the full 90 days.

But say right after graduation you start a new job. Do you still need to purchase medical insurance? It depends on your employer.

Some companies have a waiting period before you can use your employer-provided health insurance plan. Or, after reviewing your employer’s health insurance plans, you may determine they are too expensive. In either scenario, you can choose to purchase or extend your OPT health insurance.

Our team at Lewerglobal recommends buying at least 120 days of OPT health insurance that begins from your graduation date. Unless you start a job the day after graduation and have employer-provided insurance beginning the first day of employment, a 120-day plan can provide medical coverage and peace of mind.

Finding an OPT Medical Insurance Plan

Here are some key questions OPT students should keep in mind when shopping for OPT medical insurance:

  • Will I need wellness or preventative screenings?
  • Do I have any long-term prescriptions that need to be covered?
  • If I get sick, how much do I have to pay until my medical insurance kicks in? (Deductible)
  • Will my current doctors be in network?

Lewerglobal OPT Student Health Insurance Plans

Finding affordable medical insurance that meets your needs after graduation should be stress-free. Lewerglobal has comprehensive international student insurance plans built specifically for OPT so you can focus on your career.

Learn more about OPT student health insurance by visiting our website. You can also live chat with us, email [email protected], or call (800) 821-7711. 

The OPT Decision: Key Questions and Answers

A Resource Students Can Share

Last year brought about a worldwide pandemic and a host of anti-immigrant legal changes to the U.S. This year is treating students to unprecedented processing delays and still more legal changes. It’s no wonder many international students are beginning to doubt their futures here.

But before current international students in the U.S. book their flights home, students should consider the long-term. Opportunity still knocks, especially for students looking to graduate this spring. Work experience will always be valuable, and the OPT program remains open to those looking to step confidently onto their career path in the U.S.

What is OPT?

Optional Practical Training (OPT), allows international students to gain on-the-job experience in their field of study. Eligible F-1 visa students qualify for 12 months of OPT, which they can use either before or after graduation. Most will choose post-completion OPT and are able to provide an Employment Authorization Document (EAD) showing start and end dates corresponding to their period of legal employment in their major field of study. However, students who receive a qualifying bachelor’s degree (or higher) in a STEM field can take an additional 24-month extension through the STEM OPT program. For both programs, international students must graduate from a Student and Exchange Visitor Program (SEVP)-certified institution.

In recent years, OPT has become an even more popular option than the H-1B visa program. Unlike H-1B visas, the OPT program doesn’t require employer sponsorship, nor does it cap the maximum number of participants. For further reading, we recommend this FAQ page from the National Association of Graduate-Professional Students.

Who is Eligible for OPT?

Besides attending or graduating from a SEVP-certified institution, international students who want to apply for OPT must meet the following criteria:

  1. They have completed a minimum of one academic year as a full-time student by the requested OPT start date AND
  2. They maintain a valid F-1 status during the application process AND
  3. They have not previously completed OPT time at the same degree level.

What is the Biggest Challenge for OPT Applicants?

The biggest challenge for applicants today is something they have no control over: long processing times.

In January of 2021, USCIS issued an alert indicating the large number of applications received, combined with an overwhelmed postal service and restrictions related to the COVID pandemic, are causing significant delays, especially for F-1 students filing for Employment Authorization.  As of early 2021, students are waiting 4 to 8 weeks for a receipt, and applications are taking anywhere from 3 to 8 months to process.

It is important to remember that these processing delays will not impact the received date, which is postmarked on all applications on the day of their arrival at the lockbox. Lockbox processing times can be found at any time on this USCIS webpage. The USCIS recommends waiting a minimum of 8 weeks before contacting them regarding an OPT case.

How Does OPT Benefit International Students?

As many international students take to Twitter to vent their frustrations, others may be left questioning whether the OPT program is even a good fit for them anymore. This is a huge shift in mindset, especially since a 2017 survey showed 73% of students chose to study in the United States because of the opportunity to gain U.S. work experience.

While these delays can be both stressful and scary, there are still a lot of upsides to the OPT program to remember:

  1. Students can use the OPT program to extend their stay in the U.S.
  2. Students can gain paid (or unpaid) experience in their field of study.
  3. Students can negotiate a more permanent job with employers willing to sponsor work visas.
  4. Students in the OPT program pay less in taxes than those with an H-1B visa.

When Should an International Student Apply for OPT?

The OPT timeline varies according to the type of extension you will be filing for:

  1. Students filing for pre-completion OPT may apply up to 90 days before completing their full academic year, but only after their designated school official (DSO) enters the recommendation into their SEVIS record. Remember, the OPT cannot begin until after the full academic year has been completed.
  2. Students filing for post-completion OPT may apply up to 90 days before and 60 days after completing their degree, and must do so within 30 days of their DSO entering the recommendation into their SEVIS record.
  3. Students filing for the STEM extension may apply up to 90 days before their current OPT program expires, and must do so within 60 days of their DSO entering the recommendation into their SEVIS record.

International students can use this OPT timeline calculator to calculate their grace period and recommended OPT start date based on their current academic program. Students can also use this timeline as a visual reference:

How Does an International Student Complete Their OPT Application?

As international students close in on Spring 2021 graduation, now is a great time to discuss OPT with their advisors. If OPT is the right option, the DSO begins the application process by endorsing Form I‑20 (Certification of Eligibility for Nonimmigrant Student Status) and recommending the student for OPT in SEVIS.

Students need to complete Form I-765 (Application for Employment Authorization with USCIS), supply the required documentation, and pay the $410 filing fee before their deadline. Students can access detailed instructions on the USCIS website (under “Forms and Document Downloads”) and reach out to their advisors with questions. Once the application is submitted, students can track its progress at the USCIS Case Status webpage using their receipt number.

How Does an International Student Remain Insured When Transitioning to OPT?

As international students move forward with their OPT applications, it is important to have a conversation about health insurance. Many students may not realize that their F-1 health insurance will expire when their time as a full-time student comes to an end. And even if they begin their OPT the day after graduation, many companies enforce a waiting period where new hires remain uninsured for 30 to 90 days. The problem is, students still need coverage and protection during this gap. Going uninsured in the U.S. is highly risky and could result in hundreds of thousands or even millions of dollars in medical bills.

The solution is OPT health insurance from Lewerglobal. Our plans are built specifically for international students, and the OPT plan is built especially for this gap in coverage. If you have questions or want to discuss OPT health insurance in more detail, you can contact us via email and live chat on our website.

Key Takeaway

While legal changes and delays have been making trouble for international students, OPT remains a highly valuable opportunity. As the situation progresses, we are hopeful that students will still choose to move forward with OPT, knowing Lewerglobal OPT Health Insurance has them covered.

The information provided on this website does not, and is not intended to, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader; The Lewer Companies does not recommend or endorse the contents of third-party sites. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader and website authors, contributors, or committee members and their respective employees.

Steps to Help Students Successfully Navigate the OPT Gap

This article is an update to a previously published blog post titled “For Advisors: OPT and Navigating the Student Transition.” Read the original post here.
Processing issues surrounding Optional Practical Training (OPT) persist in the wake of COVID-19 and the end of the last U.S. presidential administration. In response, schools and their international student advisors are working at a frenetic pace to deliver sound advice and help students make the transition from school to the workplace as smooth as possible.
Here are three items that help frame a meaningful OPT gap conversation with your students:

1. Understand the Current Climate and Proactively Assist Students

In response to the pandemic, international student admissions have declined precipitously. According to the Institute of International Education® (IIE), total enrollment for international students, both in-person and online, decreased by 16 percent in Fall 2020. New international student enrollment was hit even harder with a 43 percent decrease. The silver lining comes in the form of deferrals. Ninety percent of surveyed institutions reported international student deferrals for Fall 2020, accounting for nearly 40,000 students who will hopefully come to study in the U.S. at a later date. With these decreases in admissions, a significant decline in OPT is likely also on the horizon.
However, a natural return to normal enrollment alone may not be enough to bring students back amidst a climate that has been hostile for the past four years. One proactive improvement international offices can make is paying attention to what international students find important. As a highly popular feature of their F-1 visa status, international students understand how a post-completion EAD can help establish their professional careers in the U.S.—or at least gain on-the-job experience before heading home. As of this writing, OPT application numbers are still strong, and requests are continuing to be reviewed, albeit very slowly. COVID-19 restrictions, a significant increase in certain benefit requests, and the utter inundation of the U.S. postal service are causing major delays at USCIS lockboxes. Despite lawsuits challenging these errors, These delays are causing the loss of jobs and job offers and threatening the immigration status for many international students. International students should be advised of these delays entering their final semester so they can prepare for the application costs and documents required to file their application and not wait until final filing deadlines so as to avoid an unfortunate scenario like Berkeley faced.

2. Navigate the Timeline

Lockbox delays have prompted U.S. Citizenship and Immigration Services (USCIS) to issue flexibilities regarding OPT periods and applications. Specifically:

  1. The 14-month OPT completion timeline will now begin on the date of students’ Form I-765 approval instead of the end of their academic program.
  2. Students who receive Form I-765 approval for less than the amount of time originally requested can request a correction to their Employment Authorization Document (EAD). USCIS will issue a new EAD with the corrected date to cover the full amount of requested OPT time.
  3. The deadline for refiling a rejected Form I-765 has been extended to May 31, 2021, provided the original filing was received between Oct. 1, 2020 and May 1, 2021 and consequently rejected. USCIS recommends including a copy of the rejection notice with your second filing.
  4. If the lockbox inadvertently accepts a Form I-765 with a missing or deficient signature, a Request for Evidence will be issued rather than a denial.

Communicating the changes will help students understand their role and responsibilities in a timely filing of their I-765 application and therefore reduce the amount of gap period between their graduation date and the start of their employment.

3. Fill The Gap

Besides advising on the filing and refiling of OPT applications, it’s important for advisors to remind students of the potential intermission between student and employee that may leave graduated international students without income and health insurance.
When an international student graduates, their eligibility for F-1 health insurance may run out depending on the policy in place at their school. And even if a student files their OPT application on the first possible date with a start date for the Monday following graduation, receives the EAD in time, has a job offer in hand for that following Monday, and their new company offers great health insurance, they may still be without health insurance if their new company has a mandatory waiting period. In the employer world, it is normal for new hires to wait a period of 30 to 90 days after their start date – in such time they are not eligible for the company’s group health insurance coverage. This is why OPT health insurance is vital to your students’ transition plans. OPT health insurance fills this gap, meaning your students are still protected, even if their filing gets delayed at a lockbox. This avoids the very real and painful conversation of a former student begging to “get back on” your health insurance coverage likely due to an emergency already incurred!

Key Takeaway

A lot goes into helping an international student navigate the transition between graduation and a new job. Lewerglobal aids in this transition by offering high-quality health insurance designed specifically for their situation. You can learn more about OPT health insurance at this link or contact us by email or live chat today.

The information provided on this website does not, and is not intended to, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader; The Lewer Companies does not recommend or endorse the contents of third-party sites. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader and website authors, contributors, or committee members and their respective employees.

Immigration Law for International Students: Frequently Asked F-1/OPT Questions

Last year, Kathleen spoke online to international students at Texas A&M. The questions they asked are common ones, so we’re running them in hopes that they help you with your situation. Our first batch dealt primarily with H-1B visas; this batch deal with F-1 visas and Optional Practical Training (OPT).

These answers are the first words—not the last words—on these issues, and if you have any questions, consult an experienced, reputable immigration lawyer. 

 

If my F-1 status is about to end and I’m pending a Change Of Status, am I legally able to stay within the United States?

If you were in status at the time your change of status was filed, and you timely filed the change of status, then the pending change of status is a period of authorized stay.

 

If I am pending a Change Of Status and it is rejected, when does the unlawful presence start to accrue? The date of rejection or the date the previous status expired?

It depends on the status you held at the time of the filing, and the actions you take after a rejection—like re-filing—could make a difference. From a very conservative point of view, I would say that your violation of status began once your initial status ran out.  Your unlawful presence, however, only begins when your I-94 expires or there is a finding of a violation of status from the agency.  An application rejected in the mailroom and not based on the merits is not the same thing as a finding of a violation of status.

 

I am a Fulbright Graduate Student (sponsored by U.S. and my government financially). How much is it possible for me to request wavier for 2-year home residence rule if I get a job in academia?

It is notoriously difficult to get a waiver of the home residence requirement when you have a Fulbright.  A route that may succeed is to find an interested government agency (IGA) to sponsor a waiver.  Historically, NASA, the FDA, the military, and many others will support such a waiver.  Each agency has very different rules about when they will sponsor a waiver.  A job in academia is not sufficient for a waiver, but grants/funding/research that fit within the scope of an IGA can support a waiver.

 

 

Does an I-485 petition disqualify me from applying for OPT / STEM?

No. However, you cannot travel as an F-1 with an I-485 pending. The timing of the OPT can get tricky, and if you have already received a work card through the I-485, you may run into confusion or push back from USCIS.  If you have used the work card through the I-485, there may be issues about OPT eligibility to look at.  Your best course of action is to get all your paperwork together and discuss with a lawyer.

 

Can being on OPT allow students to self-petition for a green card or is it required to be on H-1B to do so?

You can file a self-petition while in OPT status. However, filing a petition for permanent residence shows you have immigrant intent. You should not travel in OPT or F-1 if you are filing for residence.

 

I am a minority in my country and in certain portions of my country, people like me aren’t treated well at all. I have not gone back to my country for past three years. I wanted to know how likely it would be for a PhD graduate with F-1 status to apply for permanent residency.

This is very fact specific. Your chances with a self-petition really depend on your field, and your awards/success/publications/endeavor. Put together a very thorough CV. List every award, grant, accomplishment, invitation, you have ever received, and then meet with a lawyer. Do get opinions from different lawyers about the chances of success. 

 

What are the ways one can improve their chances to get a Green Card in a research field? What might be some criteria to look for in a EB1 petition so that one can pursue that route in their research career?

My general advice is to say “Yes.” Say yes to reviewing, editing, serving on committees, being listed in grants, mentoring, collaborating, etc. Make friends and colleagues across the aisle. By that, I mean try to work with people who aren’t just like you, who aren’t from the same country or school or hyper-specialty. Don’t be afraid to introduce yourself to people in your field that you admire. Letters of recommendation are a huge part of the immigration self-petition process. Apply for everything. No grant or award is too small. This includes micro private sector grants.  

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