How to Extend Your F-1 Visa After Graduation

If you are a student in the US and want to extend your F-1 visa after graduation, understanding the immigration rules and deadlines is important. After completing their studies, many international students face the challenge of staying in the U.S. Taking the wrong step or being unaware of the laws can lead to non-compliance and legal penalties.

The F-1 visa includes a grace period after graduation, but this time is limited. A common way to extend your stay is by applying for Optional Practical Training (OPT). OPT lets students work in their field of study for a set period. This program was designed to help students get valuable work experience. However, the OPT process must be started 90 days before your graduation.

While some students may feel that they can handle the legal process alone, having a visa attorney by your side can make a huge difference. They can guide you through the application process, explain the details of OPT, and help you explore other visa options. Make sure to hire one from a reputed firm, such as J. Sparks Law.

Post-graduation options for F-1 visa holders

For F-1 visa holders, there are certain options available, particularly the Optional Practical Training (OPT). OPT allows F-1 visa holders to work in the United States for up to 12 months in a job related to their major field of study. However, OPT has an eligibility criteria that one has to meet. This includes the following:

You should have had a full-time F-1 status for at least one academic year.
The job should be related to your field of study.
You must complete your academic program.
You should be physically present in the U.S. at the time of application.
You cannot have used more than one year of full-time Curricular Practical Training (CPT) during your current degree level.

There are certain strict deadlines you should know about. The applicant has 90 days before their program ends and up to 60 days after. Your application should be sent to the USCIS within 60 days of you completing your program.

Special extensions for STEM students

If you are a STEM student, that is, you are a graduate in science, technology, engineering, or mathematics, you get special extension. You can apply for a 24-month extension of their initial 12-month OPT period. This gives you time to stay in the U.S. for a total of 36 months on OPT.

The eligibility requirements for STEM OPT include:

You should already be in a valid period of post-completion OPT.
You must have a degree in an eligible STEM field from a SEVP-certified and accredited institution.
You must be employed by an employer enrolled in the E-Verify program.

Make sure to submit Form I-765 for the extension application up to 90 days before your current OPT period expires and within 60 days of their Designated School Official’s recommendation in SEVIS.

Other available extensions

Besides OPT and the STEM extension, F-1 visa holders may have some other extension options as well. You can look into transitioning to an H-1B visa, which will further allow you to work in specialty occupations. However, doing this requires various steps.

First of all, you must obtain a job offer from an employer who is willing to sponsor the H-1B visa application. Next, your employer must file an LCA with the Department of Labor and provide your job details. After LCA certification, the employer must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.

Know your visa extension options today!

Trying to understand the visa extension options can seem like an impossible task, especially when you do it without an attorney by your side. While you may have various options at your disposal, each procedure can be extremely complex. Hire a visa attorney in Austin to ease your burden today!