Can I Apply for a Green Card While on OPT?
What happens in the case where I don't want to move to the USA right away?
International students with an F-1 Student Visa may have the opportunity to work in the USA to get experience in their field through Optional Practical Training (OPT).
Many academic programs in the United States have a requirement or an option for the student to gain work experience related to their major field of study through an internship or other employment arrangement.
Optional Practical Training (OPT) allows an eligible international student to work in the USA while they are still enrolled in their academic program (Pre-Completion OPT) or after finishing their academic program (Post-Completion OPT).
Furthermore, international students who satisfy the eligibility requirements may be able to apply for a Green Card while on OPT.
This article will give you the basic information about Optional Practical Training and applying for a Green Card on OPT, so keep reading to learn more!
Table of Contents
What Is Optional Practical Training (OPT)?
- Optional Practical Training (OPT) allows full-time international students with an F-1 Student Visa to legally work in the USA.
- Temporary U.S. employment through the OPT must be related to the international student’s field of study.
- Many degree programs require students to gain work experience related to their field of study in order to complete the program.
- Pre-Completion OPT lets a student who has been enrolled for one academic year to work in the USA 20 hours a week for 12 months.
- Post-Completion OPT allows a student who earned his/her degree to work in the USA:
- for a minimum of 20 hours per week up to full-time in a job related to his/her field of study;
- for 12 months if the degree is not in a STEM field (science, technology, engineering, mathematics);
- for 36 months if the degree is in a STEM field (science, technology, engineering, mathematics) and the student receives a STEM OPT Extension (i.e., 12 months plus the 24-month STEM OPT Extension).
Can I Apply for a Green Card While on OPT?
Advantages and Challenges:
- International students who satisfy the criteria can apply for a Green Card while on OPT (Optional Practical Training).
- An advantage of applying for a Green Card versus an H-1B Work Visa is that the H-1B generally has less availability.
- In order to apply for an Employment-Based Green Card, the international student will need sponsorship from a U.S. employer.
- The sponsoring employer could be the employer they have the OPT with or it could be a different employer in the USA.
- The sponsoring employer in the U.S. will normally need to receive a labor certification and approval of the Form I-140 Petition.
- The international student will receive a priority date and visa number (the priority date should be within the OPT status period).
- International students from countries that do not have a large backlog of applicants waiting may have the best opportunity.
- The international student on OPT will next file the Form I-485 Application to Register Permanent Residence or Adjust Status.
- Governmental fees must also be paid during the Green Card application process.
- The international student will attend a Green Card interview at a U.S. Citizenship and Immigration Service (USCIS) office.
- The USCIS officer will usually inform the applicant at the end of the interview if he or she was approved for a Green Card.
- A notice will also be sent from USCIS to the applicant regarding approval of the Green Card within 30 days after the interview.
- If approved, the Green Card will be sent from USCIS to the international student within about 60 days after the interview.
- An international student who marries a U.S. citizen or permanent resident can apply for a Green Card via Family Sponsorship.
Impact on OPT Status:
- Applying for a Green Card while on OPT does not impact OPT status, unless the applicant is approved for a Green Card.
- If approved for a Green Card, there will be adjustment of status from OPT status to lawful permanent resident (LPR) status.
- In the event that a Green Card decision has not been made, but OPT status will expire soon, the international student will need to adjust status to another type of visa, such as a U.S. Work Visa; otherwise, he or she will need to depart the U.S. by the end of the grace period following the expiration of OPT status.
Required Documents:
- The required documents will depend on which Green Card type is being applied for (Employment-Based, Family Sponsorship).
- In general, an employer or a family member (depending on Green Card type) will need to file a petition with USCIS.
- Employment-Based Green Card applications normally require a labor certification and Immigrant Petition for Alien Worker.
- Family-Based Green Card applications require the Petition for Alien Relative, proof of family relationship and other documents.
- The Green Card applicant will file the Form I-485 Application to Register Permanent Residence or Adjust Status.
- Other documents usually required include a birth certificate, passport, and valid job offer from a U.S. employer.
Considerations When Applying for a Green Card While on OPT
- Timing and Planning: Application should be made with enough time so the Green Card can be approved while OPT status is valid.
- Legal Implications: If the OPT status will expire before the Green Card is approved, a different U.S. visa status should be obtained.
- Employer Sponsorship: Research should be done to find a U.S. employer willing to sponsor a graduating international student. In some cases, the employer that the international student has the OPT with may be willing to sponsor the Green Card so the foreign graduate can continue to work there.
Conclusion
Optional Practical Training (OPT) is a good opportunity for a full-time international student with an F-1 Student Visa to gain valuable experience legally working in the USA on a temporary basis in a job related to his or her field of academic study.
An international student may be able to keep working in the USA following graduation and after the OPT ends if approved for an Employment-Based Green Card, Family-Sponsored Green Card or a temporary U.S. Work Visa (such as the H-1B or L-1 visas, which have an option to apply for a Green Card).
Although many international students who apply for a Green Card while on OPT do so through the Employment-Based Green Card pathway, marriage to an American citizen or U.S. permanent resident would allow an international student to apply for a Marriage-Based Green Card through the Family Sponsorship category.
It is important for an international student to apply for a Green Card while on OPT far enough in advance so that the Green Card will be approved before the OPT status expires.
An international student can work in the USA with OPT during his or her studies (after being enrolled full-time for one academic year) or after graduation; however, it may be advantageous to do the OPT employment after graduation to maximum the time available to apply for a Green Card.
There are other ways to live and work in the USA legally, either as a lawful permanent resident (LPR) of the United States or as a temporary foreign worker with a U.S. Work Visa.
USAFIS can provide you with a U.S. Visa Assessment that will evaluate your relevant details and let you know which visa is right for you.
Frequently Asked Questions (FAQ’s)
Will applying for a Green Card affect my OPT status?
No, applying for a Green Card will generally not affect your OPT status, unless you are approved, in which case your status will be changed to lawful permanent resident (LPR) of the United States (this is called “adjustment of status”).
Can I work on OPT while the Green Card is pending?
Yes, you can work in the USA on OPT while your Green Card application is pending.
Do I need an employer to sponsor my Green Card while on OPT?
An employer in the U.S. will need to sponsor your Green Card while you are on OPT via the Employment-Based category. An alternative would be to marry an American citizen or U.S. permanent resident, in which case he or she could sponsor you for a Marriage-Based Green Card through the Family Sponsorship pathway.
What is the processing time for a Green Card application while on OPT?
The processing time for a Green Card application while on OPT is generally around 12 months, but it could take longer, depending on the international student’s country of citizenship, whether there is a large backlog of applications pending, and other factors.
Are there any fees involved in applying for a Green Card while on OPT?
Yes, there are governmental fees that must be paid when applying for a Green Card while on OPT. The employer will pay the fees for the labor certification and the Form I-140 Immigrant Petition for Alien Worker. The international student would pay the filing fee for the Form I-485 Application to Register Permanent Residence or Adjust Status (some sponsoring employers might cover this cost). There could be other or different fees, depending on which Green Card category is being applied for (i.e., Employment-Based or Family Sponsorship).
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