Read part two here Employer’s Eligibility Requirements An H-1B employer is a US employer who has petitioned for an H-1B classification for a foreign worker. The employer will have to prove, apart from the abovementioned requirements as to the job and position (requiring a US bachelor’s degree or its equivalent as the minimum requirement for the specialty education), that there is a true business need for the worker and he can pay the prevailing wage for the position.  There is another sub-category of H-1B employers who are H-1B dependent employers. When a US employer meets one of the following conditions, then he is an H-1B dependent employer: 25 or fewer full-time equivalent employees and at least eight H-1B nonimmigrant workers; or  26 – 50 full-time equivalent employees and at least 13 H-1B nonimmigrant workers;   51 or more full-time equivalent employees, of whom15 percent or more are H-1B non-immigrant workers. How long a worker may stay in the USA under H-1B Status? H-1B is not an immigrant visa, and it does not allow one to work for an employer as long as he wishes. It is a temporary work status. The worker is allowed to work for 3 years starting from the date he commences his employment, which may be extended for another 3 years, totaling 6 years of the valid period of stay. However, the employer may be allowed to employ them for up to another 45 days using recapturing of H-1B time in case the worker spent those days outside the USA.  If the worker is out of status due to the expiry of a valid period of stay, he will have to leave USA. Afterwards, he may again find an employer who will sponsor him for H-1B visa and file a petition for H-1B classification. However, to do this process, the worker must spend 1 year outside the USA after he is out of status. Another disadvantage is that, the worker will have to go through the lottery process for H-1B cap again, and if the employer does not win a number in the H-1B lottery the employer cannot employ that worker again. American Competitiveness in the 21st Century (AC) 21 Act This legislation has changed the game for people waiting for the decision on Employment-based green card applications while being under the H-1B status. Accordingly, an H-1B status holder who is waiting for a decision on his employment-based green card application may extend his status for unlimited times till the decision on his application for an employment-based green card comes. To sum up, this Act requires two conditions: The worker is under a valid H-1B visa/status. The worker’s employer has filed an employment-based green card petition (form: I-140) for him. H-1B Cap  The number of the petition that can get H-1B classification is limited. There are only 850000 visas allotted under the H-1B cap each year. However, only 65000 visas (6800 reserved for H1B1 visa category) are allotted as the regular cap. The rest 20000 are only

Read part one here For how much time can you remain unemployed during your OPT? As you can assume using your common sense, there is no specific regulation regarding the allowable unemployment during the pre-completion OPT period. Conversely, during your post-completion OPT period, you can be unemployed for 90 total days. The counting for this starts after USCIS approves your OPT application, and the start date listed on the EAD has been reached. For STEM OPT, you get 60 extra days, totaling 150 days of allowable unemployment during your combined post-completion OPT and STEM OPT periods. You can use the whole period to your advantage according to your discretion. And if you fail to be employed, exceeding the allowable limit, then you might face deportation from the USA. When can you start your work? After applying, you will have to wait for the Employment Authorization Document or EAD. So, you cannot work on or off campus right after you are done with your studies without EAD in your possession. The condition remains the same irrespective of if the USCIS case status indicates that your OPT application has been approved or not. Can you change your Employer when you are under OPT status? A student is allowed to change employers while on OPT or STEM OPT. However, while the STEM OPT application is processing, students cannot change jobs until they receive new STEM EAD. H-1B Now as we all know that the OPT cannot be renewed over time, to retain his valid status in the USA, one of the best options a student get in the USA is trying for the employment-based H-1B visa. H-1B visa/status is a tool available to the US employers to temporarily employ foreign nationals. Under the broad category of this visa comes three sub-categories. However, this article will only discuss the H-1B ‘specialty occupation’ category. This process of employing a non-immigrant worker in a specialty occupation can only be initiated by the US-based employer. So, once the student gets his OPT, he should seek an employer to file an H-1B petition for him. The Philosophy of H-1B The concept of this visa is to allow the US employers to recruit the most talented candidates for professional positions notwithstanding the fact that they are not US citizens. However, employers should only engage in this process if they feel that the business needs to hire a specific worker, and for that reason, it assumes that the process of H-1B is not a favour to the foreign workers. So, the entire process is employer-driven and is supposed to create employment for the professionals meeting up the condition of specialty occupation only. Workers Eligible under H-1B Visa  Three types of individuals may have their petitions filed by their employer under the H-1B category. They are: Specialty Occupations. DOD research and development project workers. Fashion models of distinguished category. Specialty Occupation  To meet up the requirements as to specialty occupation, several credentials must be met, including, a. The occupation; b. Job position

Now that your study program and F-1 Visa status are on the verge of being expired, yet you are willing to maintain your legal status in the USA, tension not, you have several options open for you to choose from to stay here. But, this article will not make you confused and say you to jump for everything that is offered. Rather, the most common and convenient path to uphold your status will be discussed here. So, before going to any discussion on this matter, the most important question that comes to one’s mind is, ‘How long is a student allowed to stay in the USA under an F-1 visa?’ The answer varies depending on if a student has completed his studies or not. As per the rule, an International student has 60 days grace period, which starts from the End Date mentioned in Form I-20. However, if a student authorized by the DSO withdraws from classes, then he will only be provided 15 days to leave the USA. Pertinent that those who fail to maintain a full course of study without the approval of the DSO will not be allowed to avail of this grace period. So, when you are nearing the completion of your course, you have the following choices available in general:  You can transfer to a different school when you have withdrawn from your studies but with the authorization of the DSO. You can begin a new level of study. For example, when you have completed your bachelor’s, you can enroll for the Master’s and maintain your F-1 Visa status. You can apply for OPT Program to avail yourself of the opportunity to work. You can choose the H1-B visa route directly if an employer files a petition for you before the expiry of the deadline.  You may choose the EB-3 visa route.   However, in this blog, we will specifically discuss the F-1 OPT or Optional Practical Training option leading to the H-1B status. What is OPT?  Optional Practical Training Period is generally a work authorization available to students under F-1 status. If granted, it allows an OPT holder to work full-time in any employment covered by his major area of study. The validity of OPT is 12 months but the students who have earned a degree in science, technology, engineering, and math (STEM) field, are allowed to apply for another 24 months extension of it after they exhaust the first one. OPT are two types based on if a student is applying for it after or before the completion of his studies. Pre-completion OPT: You may apply for Pre-completion OPT once you are lawfully enrolled into a full-year academic program at a college, university, conservatory, or seminary on a full-time basis. But after authorization of OPT students will have to comply with two conditions among other general conditions. These are: a) students under pre-completion OPT may only work up to 20 hours a week while their semester is going on. However, during semester breaks or