Life After OPT
The H-1B visa is a U.S. work visa that allows foreign nationals working in specialty occupations to live in the U.S. and work lawfully for U.S. employers. H-1Bs must be sponsored by an employer.
For F-1 students searching for employment on OPT or STEM Extension, it may be beneficial to consider if a potential employer is willing to sponsor an H-1B visa at some point in the future. The USCIS H-1B Employer Data Hub provides data on employers who have submitted petitions to employ H-1B nonimmigrant workers.
ISSS does not provide advice on work visas. The information provided below is for your reference only and should not be taken as legal advice. We recommend that you always seek the guidance of an experienced immigration attorney when planning future visa-related applications. The H-1B visa may not be the only option available to you for a work-related visa, and an attorney would best be able to advise you on all your legal options.
The International Student Career Series hosts a virtual event each semester called “Life After OPT” where a local immigration attorney provides visa options after OPT. This event includes a Q&A portion during which the audience can ask questions.
An F-1 student may progress from Post-Completion OPT or STEM Extension OPT to an H-1B if their current employer is willing to sponsor them. However, the H-1B application process for cap-subject employers is a lottery system and current laws limit the annual number of qualifying foreign workers to 65,000 with an additional 20,000 under the H-1B advanced degree exemption.
In March each year, the electronic registration process opens, where employers can register employees for the H-1B lottery. Applicants will be notified if they have been chosen, and can then file an H-1B petition beginning in April. If your H-1B petition has been receipted, you may be eligible for Cap Gap Extension, which will extend your OPT/STEM work authorization until April 1 of the following year.
Cap-exempt employers can file H-1B petitions at any time of the year and are not subject to the H-1B lottery or the annual limit. Cap-exempt employers generally include the following:
- Institutions of higher education.
- Nonprofit entities related to or affiliated with an institution of higher education.
- Nonprofit or governmental research organizations.