Student Visas to United States and subsequent Training and Employment Visas

Kelly Brackley at B&A Immigration is one of six panelists speaking at a webinar tomorrow evening at 6:30 pm GMT. She will be covering the student visa options for both undergraduates and postgraduates attending U.S. universities and colleges, as well as discussing Optional Practical Training (OPT), OPT extension in STEM subjects, as well as the potential to extend OPT between expiration of the validity where an H-1B Cap Petition is pending with USCIS.

What is OPT?

Optional Practical Training (OPT) is available for many foreign students attending US universities and colleges. The initial length is 12 months and can take place during or after the course of study. This allows the student and/or graduate to “work” in the US in their relevant area of study. If the student elects to commence this prior to graduation, they can do so after one year into their studies. Those students who wish to extend this training may do so in training that relates to STEM subjects only. OPT STEM Extension can be for up to a further 24 months.

What is an H-1B Visa?

An H-1B visa is a non-immigrant employment visa in areas of “specialty occupations.” Many foreign graduates that have studied at US universities, go on to obtain job offers. The relevant visa is usually an H-1B visa.

Why is timing Important?

An H-1B Petition can only be filed from April 1st every year, for employment to commence from October 1st that same year. Quite often these petition are cap exempt due to the applicant’s qualifications and/or the petitioning organisation. This means that there are only 65,000 of these visas and that filing must be on April 1st in order to increase the chances of being “selected” in an inevitable visa lottery. In the time between filing the visa and commencing employment, the graduate will likely want to continue their training/employment. Fortunately, if the petition is indeed subject to the cap, the applicant may qualify for an extension of their F-1 OPT status and the relevant Employment Authorization Document (EAD).

If you would like to hear more on this subject, to include studying in the US in general, as well as transferring funds and investing for a US education for your child, please register for our webinar:

https://pages.crimsoneducation.org/WB-2020-11-UK-CrimsonHalo-US-Panel-Webinar_1-LP-CrimsonHalo.html

Please contact: kelly.brackley@baimmigrationlaw.com if you have any questions.

www.baimmigrationlaw.com