STEM (Science, Technology, Engineering, and Math) graduates are highly sought after in the U.S., where technological advancement and innovation drive numerous industries, including healthcare, engineering, and technology. U.S. immigration law recognizes the importance of these fields, offering multiple pathways for STEM graduates to work and live in the U.S. after completing their studies. Opportunities include extended work authorization, specific visa categories like the H-1B and O-1, and even routes to permanent residency (green card status).

Why STEM Graduates Are in High Demand

STEM professionals play a crucial role in advancing research, developing cutting-edge technologies, and driving economic growth in key sectors. As a result, the U.S. has established immigration provisions that facilitate the employment of STEM graduates, who contribute specialized skills in high-demand fields such as software engineering, data science, and biotechnology.

STEM graduates can benefit from programs like Optional Practical Training (OPT) and its extension for STEM fields, as well as specialized work visas such as the H-1B and O-1, which cater to skilled workers and individuals with extraordinary abilities. Understanding these options is vital for successfully navigating the U.S. immigration system.

Optional Practical Training (OPT) and STEM OPT Extension

 International students in the U.S. on F-1 visas often start with Optional Practical Training (OPT) after graduation, which allows them to work in their field of study for up to 12 months. For students with degrees in qualifying STEM fields, an additional 24-month STEM OPT extension is available, giving them a total of 36 months of work authorization. This extension provides valuable time to gain experience and secure sponsorship from an employer for a long-term visa, such as the H-1B.

To qualify for the STEM OPT extension, the student’s degree must be in an approved STEM field, and their employer must participate in the E-Verify program, which confirms the employment eligibility of U.S. workers. Employers must also create a detailed training plan to ensure that the employment will enhance the student’s skills and knowledge.

Steps to Obtain an EAD Card for Work Authorization on STEM OPT

To work legally in the U.S. under the OPT or STEM OPT extension, F-1 visa holders must apply for and receive an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). The EAD card is the official document that proves work authorization, and obtaining it involves several important steps:

Step 1: Apply for Initial OPT

Before applying for the STEM OPT extension, students must first complete the initial OPT process:

1. Request OPT Recommendation from the Designated School Official (DSO):

1. • Before applying for OPT, the student must get a recommendation from their school’s Designated School Official (DSO). The DSO will review the student’s eligibility and confirm that the job or proposed employment is directly related to their field of study.
   • The DSO will update the student’s Form I-20, which is the Certificate of Eligibility for Nonimmigrant Student Status, by adding an OPT recommendation in the Student and Exchange Visitor Information System (SEVIS).

2. File Form I-765 (Application for Employment Authorization) with USCIS:

1. • After receiving the OPT recommendation from the DSO, the student must submit Form I-765, which is the application for employment authorization, to USCIS.
   • Along with Form I-765, students must provide several supporting documents, including:
     • Two passport-sized photos.
     • A copy of the updated Form I-20 with the OPT recommendation.
     • A copy of the student’s Form I-94 (Arrival/Departure Record).
     • A copy of the passport biographical page.
     • A copy of the F-1 visa.
     • The filing fee, which can vary but is currently $520.

3. Receive Employment Authorization Document (EAD):

1. • Once USCIS approves the application, the student will receive an EAD card, which serves as proof of work authorization. Students cannot begin working until they receive the EAD card and the start date listed on it has passed.

 Step 2: Apply for STEM OPT Extension

If the initial 12-month OPT is nearing its end and the student’s degree qualifies for a STEM OPT extension, they can apply for the additional 24 months. To do this, students must follow a similar but slightly expanded process:

1. Verify STEM Eligibility and Employer Requirements:

1. • Ensure that the degree falls under the Department of Homeland Security’s (DHS) STEM Designated Degree Program List, which defines which fields of study are eligible for the extension.
   • The employer must also be enrolled in E-Verify, an electronic system that confirms the employment eligibility of workers. The student’s employer must be in compliance with E-Verify in order for the student to qualify for the STEM OPT extension.

2. Submit STEM OPT Extension Application (Form I-765):

1. • Like the initial OPT, the student must again apply for employment authorization by filing Form I-765 with USCIS. However, this time, the student must indicate that they are applying for the STEM OPT extension.
   • Supporting documents for the STEM OPT extension application include:
     • A copy of the new, updated Form I-20 endorsed by the DSO with the recommendation for the STEM OPT extension.
     • A completed Form I-983 (Training Plan for STEM OPT Students), signed by both the student and the employer. This form details how the job will help the student develop new technical and professional skills and how the employer will ensure that the student receives appropriate training.
     • A copy of the existing EAD card for the initial 12-month OPT.
     • The student’s passport and Form I-94.
     • The filing fee for the I-765, which remains the same as the initial OPT application.

3. STEM OPT Filing Timeline:

1. • It is crucial to apply for the STEM OPT extension before the initial OPT period expires. Students can apply as early as 90 days before the initial OPT period ends, and USCIS must receive the application no later than the expiration date of the initial OPT.
   • While the application is being processed, the student can continue working for up to 180 days beyond the expiration of the initial EAD card, as long as the STEM OPT application was filed on time.

4. Receive the STEM OPT EAD Card:

1. • Once the STEM OPT extension application is approved, USCIS will issue a new EAD card reflecting the additional 24 months of work authorization. Like the initial EAD, this document is essential for legal employment in the U.S.

Step 3: Maintaining Status During STEM OPT

Once the STEM OPT EAD is obtained, students must follow certain regulations to maintain their F-1 visa status during the OPT extension period:

1. Report Changes to the DSO:

1. • The student must report any changes in employment, employer, address, or contact information to the DSO within 10 days of the change.

2. Submit Regular Evaluations:

1. • The student and employer must submit regular evaluations on the student’s progress, as required by Form I-983. These evaluations occur at the midpoint and end of the STEM OPT period.

3. Employment Requirements:

1. • The student must be employed in a role directly related to their STEM degree and must work at least 20 hours per week. If unemployed, the student is allowed a maximum of 150 days of unemployment over the entire 36-month OPT period (which includes both the initial and STEM OPT periods).

Transitioning from OPT to an H-1B Visa

For many STEM graduates, the next step after OPT is securing an H-1B visa, a non-immigrant visa that allows U.S. companies to hire foreign workers in “specialty occupations” that require at least a bachelor’s degree. Roles in software engineering, data science, and engineering, commonly held by STEM graduates, fall under the H-1B visa’s requirements.

However, the H-1B visa is subject to an annual cap. Each fiscal year, 85,000 H-1B visas are issued, with 20,000 reserved for individuals holding advanced degrees from U.S. institutions. Due to high demand, a lottery system is used to randomly select H-1B applicants each year. If not selected, applicants may have to wait until the next fiscal year to reapply.

The STEM OPT extension provides extra time for STEM graduates to participate in the H-1B lottery over multiple years. If an H-1B petition is selected while the student is still on OPT, they may be eligible for a Cap-Gap extension. This extension allows students to continue working until October 1st, when the H-1B visa officially takes effect.

H-1B Cap Exemption for STEM Graduates

Some employers are exempt from the annual H-1B cap. Universities, nonprofit research institutions, and government research organizations are not subject to the H-1B visa lottery and can file petitions for their employees at any time. Additionally, employers that collaborate with cap-exempt institutions may also qualify for cap-exempt H-1B petitions. This is particularly beneficial for STEM graduates working in highly specialized fields, such as academic research or niche technology areas.

The O-1 Visa: An Alternative for Exceptional Talent

For highly skilled STEM professionals, the O-1 visa offers another option. The O-1 visa is available to individuals who can demonstrate extraordinary ability in fields such as science, education, or business. To qualify, applicants must provide evidence of significant achievements, such as major awards, published research, or recognition from leading experts in the field.

The O-1 visa is not subject to an annual cap or lottery, making it a more flexible option for highly accomplished individuals. The visa can also be renewed indefinitely, making it a long-term solution for those who meet the qualifications. While the O-1 visa requirements are stringent, it offers a valuable pathway for those with exceptional achievements in STEM fields.

Employment-Based Green Cards for STEM Workers

For those seeking permanent residency, employment-based green cards are available under the EB-2 and EB-3 categories. The EB-2 category is for individuals with advanced degrees or exceptional ability, while the EB-3 is for professionals holding a bachelor’s degree. STEM graduates, particularly those with master’s or doctoral degrees, may qualify for EB-2 status, which typically has shorter processing times compared to EB-3.

Both EB-2 and EB-3 green card categories require the employer to go through the PERM labor certification process. This process involves proving that there are no qualified U.S. workers available for the position. Many STEM graduates, especially those with advanced degrees, find that the EB-2 category aligns with their qualifications, offering a faster route to a green card and permanent residency in the U.S.

Planning the Immigration Journey

STEM graduates have multiple pathways to stay and work in the U.S. after completing their studies. Beginning with the OPT and STEM OPT extension, students gain valuable work authorization while they search for long-term sponsorship options. The H-1B visa remains a popular route for most STEM graduates, but alternatives like the O-1 visa and cap-exempt H-1Bs provide flexibility for those in specialized roles or with exceptional achievements. For those pursuing permanent residency, employment-based green cards through the EB-2 and EB-3 categories offer long-term opportunities.

Understanding these options early on is crucial for successfully navigating the U.S. immigration system. By working closely with employers and remaining informed about immigration policies, STEM graduates can build successful careers in the U.S. while contributing their valuable expertise to growing industries.

Reddy Neumann Brown PC located in Houston, Texas, has been serving the business community for over 27 years and is Houston’s largest immigration law firm focused solely on U.S. Employment-based immigration. We work with employers, employees and investors helping them navigate the immigration process quickly and cost-effectively.

By:Jeanetly Garcia

Jeanetly Garcia advises employers and individuals through all phases of the non-immigrant visa process. As an attorney in the H-1B Department at Reddy Neumann Brown PC she is experienced in filing nonimmigrant petitions and applications for immigrant benefits, as well as, responding to USCIS issued requests for evidence concerning an array of legal issues.