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In a landmark policy update, U.S. Citizenship and Immigration Services (USCIS) has announced significant changes affecting international students in the U.S. on F visas. For the first time, these F-1 visa students can now directly apply for immigrant visas under the Employment-Based (EB) category.
F students eligible for immigrant visas
“(F1 visa) students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay,” the release document states
USCIS has released comprehensive policy guidance on the F and M student nonimmigrant classifications. These new guidance aims to clarify the procedures and requirements for employment authorization, status changes, extensions, and reinstatements for these students and their dependents in the U.S.
F-students can can work for startups
Additionally, the policy revision expands opportunities for students who have completed STEM degrees (a science, technology, engineering, and mathematics) in the U.S. These graduates can now utilize their 36 months of Optional Practical Training (OPT) to work at early-stage startups. However, the startup needs to adhere to the training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate to that provided to similarly situated U.S. workers, among other requirements.
