Chris Wright @The Wright Law Firm
By: Highre Team
Tags: Us Immigration, Lawyers, Tips, Virtualcareerfair Highre, Visa

Everything about the US visa options for international students

Chris Wright is a lawyer at The Wright Law Firm. He has been a US Immigration Lawyer for 25 years, mostly helping talents from Silicon Valley and Hollywood. Chris shared some valuable tips and advice about how to navigate visa options after graduation and some Do’s and Don’ts. Keep reading to see what Chris has to share with you!

What is OPT (Optional Practical Training)?

Once you graduate, you are typically entitled to at least one year of practical training. It is a key time, because not only does it allow you to remain in the US for up to 3 years if you are in STEM occupations, but it’s also the last time that things are easy in immigration. Once you get that OPT, it’s only then, that you can start working.

Any advice on how to get OPT?

Oddly, lawyers are not involved as much in your OPT process. Most of it is quite straight forward, but it’s less straight forward with the STEM extensions. Now, all I would say is that your best friend during your final 6 months before graduation is your designated student officer (different names for different schools). That person is going to liaise with you and help you with your OPT application. Keep in mind that the issue you will face is not only the eligibility of OPT, but how long it takes. It’s not enough just to file it, but you actually need to get the card, before you can start working.

USCIS, is the agency that deals with your visas. They are disinterested in understanding your circumstances. Therefore, you need to get organized about having your OPT application ready and extensions for STEM students.

What next?

It is more likely than not, that even after your employer, the lawyer involved and you do everything perfectly, you will still face obstacles. The odds are more than 50% that USCIS will come back with standard template demand for more information. Most of the time, it’s not about you, but rather the position itself; something like ‘this position does not necessarily require a specific degree.’ Why is that? What changed in the 90s is that the annual quota for H-1Bs became inadequate. Just as a rough example, in 2019, on the first week of April, they received around 200 thousand applications. Your odds of even having your envelope opened are one in three. The USCIS creates a pool of applications received on the first five business days of April. Then, the algorithm is run to pull random 65 thousand applications. Your odds of getting your H-1B even after that is about 25%. So, not only is it vital that you stay on top of applying for your OPT, but it’s just as vital that you monitor its expiry date. You should make sure that you do whatever you can possibly do for the company to prepare everything on time, file it in good order and that you understand the Cap-Gap and how it affects you.

What are the alternatives?

1. O-1A

If you can prove that you are the top of your field, and you can be defined as a person of extraordinary ability, O-1A is your alternative to H-1B. The downside is, the bar is high. The upside is, there is no quota. So one can file an O-1 at any time you have an employer willing to do it. You don’t have to wait until the end of your OPT. You have to satisfy 3 out of 10 criteria. Awards are one of them, but they need to be out of the student context. The publication is another one. Judging the work of others also counts. Get yourself invited to sit on the panel as a judge. Another one is having press about you. That would be 3 criteria already.

2. L-1

There are other ways. You can go back home, work for a multinational corporation and come back with L-1.

3. E visas

If you are from a country with treaty in place, you can look into E visas. Australians have E3 option, which is easier than others.

4. TN

If you are a Canadian or Mexican citizen, you have TN option that is easier than other visas, which other countries do not have.

5. H-1B1

It applies to Singaporeans and Chileans. The requirements are similar to H-1B, but it’s not subject to the same quota and it’s much easier to get.

6. PERM

This is the only immigrant option. You can start this early on, you don’t have to wait until the end of your OPT to do it. This might take longer to do, but it could end up being the best solution for you. It might not prevent you from leaving by the end of your OPT, but you could come back on a green card (permanent residency card).

Advice for all

“Know how OPT works and know it well. Get friendly with people who are going to make the H-1B decision for you. Thirdly, proactively start looking at O-1A criteria and think about what you could do.”

If you still have more questions to ask Chris? Comment below! If you liked his advice, clap clap!