This post is written to keep in one place various information about work permit and Visa status in the US. The author is NOT a specialist in immigration laws, and claims no responsibility for the accuracy of the information in this post.
OPT – If a graduate student has F-1 visa, she/he can apply for an OPT for 12 months through the international office of his/her school after all course work (excluding thesis) is done. OPT for students in STEM, can be extended for 17 months. There are more rules about various versions of OPT that are not addressed here, as they are not relevant for this post.
H1B – After/during OPT it is possible for an employer to apply for an H1B status for an employee. Like F1, and OPT, H1B is a temporary non-immigration visa. There are 65.000, general H1B granted every year. In addition to that, 20.000 H1B are given to non-residents with Masters or Ph.D. The application process starts April 1 each year and it is likely that most/all of the available Visa’s will go in the first week, even the first day. The H1B is valid from October 1st the same year. If OPT ends after April 1st but before October 1st, there is CAP GAP regulation in place to allow the employee to work on OPT until H1B, kicks in.
The numerical quota of Visas does not apply to H-1B workers who are sponsored by or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.
The initial H1B visa may be granted for up to three years, and may then be extended, in the first instance for up to two further years, and eventually for one further year, to a maximum of six years.
EB2 or EB3 – If a person is interested in stay permanently in the US, after studies, a year of OPT, and six years of H-1B, the next step seems to be sponsored Green Card application. Permanent residency application (Form I-140 Petition for Alien Worker) through employer whether for EB2 or EB3, must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750.
As of January 2010, the cut-off date for EB3 application in process is August 1st 2002 (for countries other than Philippines, India, China, and Mexico). However, for EB2, there is no cut off date. Due to the extensive time it can take for permanent residency application to go through the system, a three year extension of H1B is possible after five years, in case an application for permanent residency is pending.
EB4 – EB4 is a permanent residency application if the occupation is at a religious organization or its nonprofit affiliate. At least until September 30, 2012, this category does not only apply to ministers but also Certain Religious Workers. For occupations that fit EB4 a labor certification is not needed. The form used for EB4 is I-360 (Petition for Amerasian, Widow(er), or Special immigrant). There is no cut off date for EB4.
To be qualified to apply under EB4:
(C) an immigrant, and the immigrant’s spouse and children if accompanying or following to join the immigrant, who –
(i) for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States;
(ii) seeks to enter the United States –
- (I) solely for the purpose of carrying on the vocation of a minister of that religious denomination,
- (II) …, in order to work for the organization at the request of the organization in a professional capacity in a religious vocation or occupation, or
- (III) …, in order to work for the organization (or for a bona fide organization which is affiliated with the religious denomination and is exempt from taxation as an organization described in section 501(c)(3) of title 26) at the request of the organization in a religious vocation or occupation; and
(iii) has been carrying on such vocation, professional work, or other work continuously for at least the 2-year period described in clause (i);
While on F1 Visa and filing taxes as a Non-Residental Alien there is an exemption from SSN and Medicare.
The clearest explanation of this issue is found in an IRS training manual for volunteer tax preparers, Publication 678-FS (PDF), starting on page 8-1:
“An exemption from Social security and Medicare taxes applies to nonimmigrant students, scholars, teachers, researchers, and trainees (including medical interns) who are temporarily present in the U.S. in F-1, J-1, M-1, or Q-1 status, as long as they remain nonresidents for federal income tax purposes. The exemption also applies to any period in which a foreign student is in ‘practical training’ or other off-campus employment allowed by the USCIS. Such persons are exempt from Social security and Medicare taxes as long as they remain nonresident aliens for tax purposes. Those who become resident aliens must start paying Social security and Medicare taxes.”
One thing not mentioned here is the cost for filing for H1B which is somewhere around $3000.