Exciting news for international students looking to gain work experience in the U.S. The Department of Homeland Security (DHS) has announced an expansion of the STEM OPT program, which will allow more students to qualify for work opportunities related to their field of study. Starting Wednesday, DHS will add eight new fields of study to the STEM OPT program, helping students in these areas extend their work experience in the U.S.
What Is OPT?
OPT (Optional Practical Training) is a program that allows international students on F-1 visas to gain real-world experience in the U.S. related to their major, either during or after completing their degree. Usually, students can work for up to 12 months through OPT. However, students who graduate with a degree in certain STEM fields (science, technology, engineering, and mathematics) can apply for an additional 24-month extension. This means that STEM graduates can work in the U.S. for up to 36 months in total.
Why the Change Now?
The U.S. government is continually reviewing and updating the list of eligible fields for the STEM OPT program. Since January 2022, the Biden administration has expanded the program by adding 22 new fields of study to the list. Following this, DHS received over 120 recommendations for other fields to include in the program. After careful review, eight new fields were selected for inclusion.
The New Fields Added to the STEM OPT Program
Here are the eight new fields of study that are now eligible for the STEM OPT extension:
- Landscape Architecture
- Institutional Research
- Mechatronics, Robotics, and Automation Engineering Technology/Technician
- Composite Materials Technology/Technician
- Linguistics and Computer Science
- Developmental and Adolescent Psychology
- Geospatial Intelligence
- Demography and Population Studies
Looking Ahead: What Does This Mean for International Students?
As the world becomes more interconnected, initiatives like STEM OPT are essential for encouraging innovation, economic growth, and cultural exchange. By allowing international students to gain practical work experience in their field of study, the U.S. is not only supporting their professional development but also benefiting from their fresh perspectives and expertise. Expanding access to these opportunities signals the U.S.’s commitment to building a diverse, globally connected workforce that can help meet the challenges of an ever-evolving world.
The STEM OPT expansion is a positive step forward for international students who want to gain work experience in the U.S. and for industries that rely on skilled workers in emerging fields. It also makes the U.S. a more attractive destination for talented students from around the globe, helping the country remain a leader in innovation and research.
Navigating Complex Documentation and Paperwork
The process of obtaining an employment-based green card in the United States involves several intricate steps, each requiring specific documentation. The categories of employment-based green cards include EB-1, EB-2, EB-3, EB-4, and EB-5, each with distinct eligibility criteria and documentation requirements.
Required Documentation for Employment-Based Green Cards
- EB-1 (Priority Workers): Requires evidence of extraordinary ability, outstanding professors or researchers, or multinational executives.
- EB-2 (Professionals with Advanced Degrees): Requires a job offer and a labor certification unless applying for a National Interest Waiver.
- EB-3 (Skilled Workers and Professionals): Requires labor certification and proof of the employer’s recruitment efforts.
- EB-4 (Certain Special Immigrants): Includes various special immigrant categories with specific documentation.
- EB-5 (Immigrant Investors): Requires proof of investment in a new commercial enterprise that creates jobs.
Each application typically necessitates forms such as the I-140 (Immigrant Petition for Alien Worker) and I-485 (Application to Register Permanent Residence or Adjust Status), along with supporting documents like birth certificates, passport copies, and evidence of employment offers.
Importance of Expert Guidance
Navigating the complexities of immigration paperwork is challenging. Engaging an immigration attorney can significantly enhance the chances of success by ensuring that all documentation is accurate and complete. Attorneys provide critical insights into legal requirements, help compile necessary evidence, and streamline the application process to avoid delays caused by errors or omissions.
Common Mistakes and Delays
Errors in paperwork can lead to significant delays in processing times. Common mistakes include incomplete forms, incorrect filing fees, or missing supporting documents. These errors not only prolong the application process but can also lead to denials or requests for additional evidence (RFEs), which further complicates matters.
Visa Bulletin and Priority Dates
The U.S. Visa Bulletin plays a crucial role in determining when applicants can proceed with their green card applications based on priority dates.
Impact on Applicants
The Visa Bulletin outlines the availability of immigrant visas based on priority dates assigned when an application is filed. Applicants must monitor this bulletin to understand when they can move forward with their applications. If the priority date is current, applicants can file their I-485 applications; if not, they must wait until their date becomes current.
Unpredictable Nature of Priority Date Movement
Priority dates can fluctuate due to various factors including changes in immigration policy or increased demand for certain visa categories. This unpredictability can create anxiety for applicants who may have to delay their plans for permanent residency based on these shifts.
Employer’s Role and Labor Certification Process
The employer’s involvement is critical in the labor certification process, particularly under the Program Electronic Review Management (PERM) system.
Challenges for Employers
Employers face numerous challenges during the PERM labor certification process, including proving that no qualified U.S. workers are available for the position and conducting extensive recruitment efforts. This process requires detailed documentation of recruitment activities and adherence to strict timelines.
Impact of Employer Support
A lack of support from employers or changes in employment status can adversely affect an applicant’s green card process. If an employer withdraws support or if there are significant changes in job roles or responsibilities, it may necessitate starting the application process anew.
Impact of Job Changes During the Process
Changing employers or job roles during the green card application process can have serious implications.
Portability Rules under AC21
The American Competitiveness in the 21st Century Act (AC21) allows certain applicants to change jobs without jeopardizing their green card applications if they meet specific criteria. This portability provision applies if the new job is in a similar occupational classification and if the I-485 application has been pending for 180 days or more.
RFE (Request for Evidence) Challenges
Requests for Evidence (RFEs) are common in employment-based green card cases and can introduce significant delays.
Common Reasons for RFEs
Common reasons for RFEs include insufficient evidence of eligibility, missing documentation related to employment offers, or questions regarding the employer’s ability to pay wages. Responding promptly and thoroughly to RFEs is essential to avoid extended processing times.
Tips for Responding Effectively
To respond effectively to an RFE:
- Carefully review the RFE notice to understand what information is required.
- Gather comprehensive evidence that addresses each point raised in the RFE.
- Consult with an immigration attorney to ensure that your response is complete and meets all legal standards.
Financial Challenges for Applicants
The journey toward obtaining a green card can be financially burdensome for many applicants, particularly those pursuing employment-based visas. Understanding the various costs involved and the financial strain of the waiting periods is crucial for prospective applicants.
High Costs of Legal Fees and Medical Exams
One of the most significant financial challenges is the cost of legal representation. Immigration attorneys typically charge substantial fees to assist with the application process, ranging from a few hundred to several thousand dollars, depending on the complexity of the case. Additionally, applicants must budget for medical exams required by U.S. Citizenship and Immigration Services (USCIS), which can also be costly. Other associated expenses may include:
- Filing Fees: Each form submitted to USCIS has a filing fee, which can add up quickly.
- Document Preparation: Costs for obtaining necessary documents, such as translations or notarizations.
- Travel Expenses: If interviews or medical exams are not available locally, travel costs may be incurred.
Financial Strain from Waiting Periods
The waiting period for green card processing can lead to significant financial strain. Many applicants face delays that extend for months or even years, during which they may be unable to work legally. This situation can create a precarious financial situation, particularly for families relying on a single income. The inability to work not only affects day-to-day living expenses but also adds stress as applicants navigate their immigration status.
Children and Dependents’ Green Card Applications
For applicants with children or dependents, there are additional challenges that must be considered.
Aging Out and Turning 21
One of the most pressing issues is the risk of children aging out of eligibility for dependent visas. In the U.S. immigration system, children are generally considered dependents until they turn 21. If an applicant’s child turns 21 before their application is processed, they may lose their dependent status and need to apply separately for their own green card, often facing a longer wait and more stringent requirements.
Challenges for Dependent Spouses
Dependent spouses also face unique challenges during the green card application process. One significant issue is delays in obtaining work authorization. While the primary applicant may be able to work under certain circumstances, dependents often have to wait for their Employment Authorization Documents (EAD) before they can seek employment. This delay can exacerbate financial pressures on families already dealing with the costs associated with immigration applications.
Employment Authorization Documents (EAD) and Advance Parole (AP)
Obtaining Employment Authorization Documents (EAD) and Advance Parole (AP) is essential for many applicants as they navigate their green card journey.
Challenges in Obtaining EAD/AP
The process of obtaining EAD/AP can be fraught with challenges. Applicants often experience long wait times for processing these documents, which can leave them in limbo regarding employment and travel plans. Delays in receiving an EAD can severely restrict an applicant’s ability to work legally, leading to further financial strain.
Impact on Work and Travel Flexibility
Once obtained, EAD/AP provides critical flexibility for applicants. An EAD allows individuals to work legally in the U.S., while Advance Parole permits them to travel outside the country without jeopardizing their pending green card application. This flexibility is vital for maintaining employment opportunities and personal commitments during what can be an extended waiting period.
Changes in Immigration Policies and Their Impact
The landscape of U.S. immigration policy is continually evolving, affecting employment-based applicants in various ways.
Effects of New or Changing Policies
Changes in immigration policies can significantly impact processing times and priorities for employment-based green cards. For instance, new administrations may introduce policies that favor certain visa categories over others or implement stricter enforcement measures that complicate the application process. These changes can lead to uncertainty and anxiety among applicants who are trying to navigate an already complex system.
Administration Changes Affecting Processing Priorities
Each new administration brings its own set of priorities regarding immigration enforcement and reform. For example, an administration focused on increasing visa availability might streamline processes or reduce backlogs, while another might impose stricter scrutiny on applications. Such shifts can directly affect timelines and outcomes for employment-based applicants.
Navigating the I-140 Petition Process
The I-140 petition is a pivotal step in securing an employment-based green card, but it comes with its own set of challenges.
Overview of the I-140 Petition
The I-140 (Immigrant Petition for Alien Worker) is filed by an employer on behalf of an employee seeking permanent residency based on employment. This petition serves as proof that the employer intends to hire the applicant permanently and that the applicant meets all qualifications for the position.
Common Struggles Applicants Face
Applicants often encounter difficulties during this stage due to various factors:
- Complex Documentation: Gathering required evidence such as degrees, experience letters, and employer support letters can be daunting.
- Employer Sponsorship: The success of an I-140 petition heavily relies on employer sponsorship; if an employer withdraws support or revokes the petition after filing, it can disrupt the entire process.
- Delays in Processing: The processing time for I-140 petitions varies widely depending on workload at USCIS service centers and specific visa categories.
With the addition of eight new fields to the STEM OPT program, international students now have even more opportunities to gain valuable work experience in the U.S. These changes are a clear sign that the U.S. is looking to remain competitive by investing in a diverse workforce and fostering talent in high-demand fields. If you’re an international student in one of the newly added fields, you may now be eligible for the 24-month OPT extension, helping you take your career to the next level while contributing to the U.S. economy.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an EB-5 Visa or an EB-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you
