Post-Graduation Visa Options

H1B Visa link

What is the H1B Visa? link

The H1B visa is a nonimmigrant work visa provided for foreign workers to engage in a specialty occupation in the United States, and it requires an employer to act as the petitioner on behalf of the foreign employee. The specialty occupation requirement means that the position must typically require at least a bachelor’s degree or equivalent work experience (subject to relevant credential evaluations).

If Company A is Willing to Sponsor My H1B Application but I Currently Work for Company B, Is That Allowed? link

Yes, it is allowed. The H1B lottery does not require you to be employed by the sponsoring employer at the time of the draw.

I Am a Master’s Student Set to Graduate This May. If I Receive an Offer from a Company, Can I Enter the Lottery? link

Yes, you can. As long as you have a university degree (the degree does not need to be from a U.S. institution), you can enter the lottery. If you expect to graduate on time, graduate students can also apply under the Master’s Cap.

Can I Enter the H1B Lottery While I Am Outside the United States? link

Yes, you can. The H1B visa does not require you to be in the U.S. at the time of application.

Can I Work During the Gap Period? link

For example, suppose I graduate in May and my OPT begins in July and ends the following July, but I am selected in the H1B lottery in April and the H1B status only becomes effective in October.

If you are in a state that qualifies for the Cap-Gap OPT extension, you are covered. Under the Cap-Gap extension for those who graduate between April and September and are selected in the H1B lottery, the OPT period is automatically extended until September 30th to bridge the gap with H1B activation. To qualify for the Cap-Gap extension, you must meet the following:

1. You are still in the F1 post-graduation OPT period.
2. Your employer has submitted an H1B petition and you are in “Change of Status.”
3. You have received the USCIS Receipt Notice.

National Interest Waiver link

What is the NIW? link

The National Interest Waiver (NIW) is an avenue toward a green card (not just a work visa) under the EB-2 employment-based immigration category, offering a special preferential pathway.

Typically, in the EB-2 employment-based process, the first step is for the employer to obtain a Labor Certification from the U.S. Department of Labor (the PERM process), which involves addressing issues such as whether the position is properly defined and if the offered salary is sufficiently high. Only after obtaining the approved Labor Certification can one file an immigrant petition with USCIS. However, with an NIW, you can bypass the Labor Certification (PERM) process and file the petition directly with USCIS.

What Are the Advantages of Applying for an NIW? link

1. You avoid the lengthy Labor Certification (PERM) process.
2. You do not need an employer sponsor — you can self-petition.
3. There is no job offer requirement, so even students who have not yet started working can apply if they meet the criteria.

Do I Qualify for an NIW? link

The Four Main Points for an NIW Application link

1. You must meet the EB-2 requirements for either holding an advanced degree or possessing exceptional ability. Advanced Degree:

   • A master’s degree or higher (obtained either in the U.S. or abroad). However, if the degree is from a foreign institution, USCIS may need to determine if it is equivalent to the corresponding U.S. degree (in some cases, a foreign master’s degree might be deemed equivalent only to a U.S. bachelor’s degree).
   • If you do not possess a master’s degree or higher, a bachelor’s degree plus at least 5 years of professional experience in the relevant field can also qualify.
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   Exceptional Ability: This refers to having extraordinary skills in the sciences, business, or arts. Supporting documents may include certifications, memberships in professional organizations, publications in major academic journals, etc.

2. The work you intend to pursue in the future must have substantial merit and national importance. This means you need to explain that the work or project you plan to engage in is of significant value and is crucial for the future development of the United States. The evidence does not necessarily have to show immediate, quantifiable economic impact; contributions to advancing knowledge in a specific field are also considered.

3. You must be well positioned, with the necessary knowledge, resources, and capabilities, to carry out your proposed work. After explaining the importance of your future work for the U.S., you need to demonstrate that you are capable of executing this plan. Supporting evidence may include your academic and professional background, past successes in similar fields, future plans, and expressions of interest from potential clients or investors.

4. You must show that waiving the labor certification requirement (bypassing the PERM process) would benefit the United States. Essentially, you need to demonstrate that awarding you a green card without requiring employer sponsorship would yield greater benefits for the country than following the standard process which involves labor certification. This often involves highlighting your unique qualities and proving that U.S. workers cannot easily replace you for that position.

I’ve Heard That Applying for an NIW Is Easier for STEM Fields? link

Under policy changes made by the Biden administration in 2022, STEM fields have become more favorable for NIW applications for several reasons:

1. One of the NIW requirements is that your proposed work has substantial merit and national importance. STEM fields are now widely recognized as critical for maintaining U.S. competitiveness, effectively giving STEM students a leg up when demonstrating their work’s importance.
2. Additionally, the requirement to be well positioned to execute your plan is often easier in STEM if you have an advanced degree (especially a PhD) and plan to work in a STEM-related area. USCIS is more likely to consider your application favorably if your future direction aligns with STEM.
3. Finally, the ability to bypass the labor certification process (PERM) aligns well with the priority given to critical and emerging technologies—areas that overlap significantly with many STEM disciplines and are heavily emphasized in U.S. policy for national security and competitiveness.