The O-1 Visa is an emblem of the United States' dedication to embracing extraordinary talents from across the globe. This specialized visa category serves as a magnet for those who are not only renowned in their professional spheres but who also aspire to extend their influence within American society. As an immigration attorney, my practice is deeply rooted in the process of recognizing and advocating for these remarkable individuals, enabling them to share their extraordinary abilities in the U.S. and contribute to its legacy of innovation and cultural richness. The O-1 Visa stands out for its detailed yet rewarding pathway, which has been navigated by universally famous personalities such as Justin Bieber, Trevor Noah, Hugh Jackman, Lionel Messi, and more, underscoring its role as a vital vehicle for extraordinary talents’ U.S. immigration.

### **Exploring the O-1 Visa's Categories: Recognizing Extraordinary Talents**

The O-1 Visa program is a strategic asset of the U.S. that designed to attract individuals who have proven to be leaders and innovators in their respective fields. The O-1A category is for professionals with extraordinary abilities in the sciences, education, business, or athletics, recognizing those whose accomplishments are at the forefront of their disciplines and can propel American industries to new heights. Conversely, the O-1B visa is dedicated to artists, entertainers, and performers who have achieved distinction, such as actor Hugh Jackman, whose exemplary career and international recognition in the performing arts have led to his successful acquisition of an O-1B visa.

The stringent criteria for both O-1A and O-1B visas include evidence of national or international awards, significant media recognition, memberships in prestigious organizations, and extensive documentation of the individual's contributions to their field. The O-1 visa not only acknowledges personal success but also ensures that these extraordinary professionals enrich the U.S. with their innovative skills and cultural heritage, thereby enhancing the nation's global standing in various sectors.

 ![](/uploads/Leo_Messi_webp_a6795bce44.webp) 
Leo Messi.

### **Expansive Eligibility: Celebrating Excellence in Varied Fields**

The O-1 Visa's eligibility criteria are expansive, inclusive, and designed to recognize a diverse array of individuals who have demonstrated exceptional ability and achievement. While the visa is indeed a pathway for internationally respected talents like soccer maestro Lionel Messi, who has successfully secured his place in the U.S. through an O-1 visa, it also caters to those who might not be in the public eye but have nonetheless reached leading positions in their professions. These people are often authorities in their fields, having earned major, internationally-recognized awards, such as Nobel Prizes or Olympic medals, or they might have a sustained track record of prominent, original contributions that have led to substantial scholarly or peer acclaim.

The eligibility extends to recognizing those whose work has had a major impact on their industry, evidenced by leading roles in distinguished organizations, or by commanding a high salary or other substantial remuneration, indicative of their extraordinary status. This ensures that the U.S. benefits not just from star athletes and celebrities, but also from top-tier scientists, groundbreaking researchers, innovative entrepreneurs, and acclaimed experts in every field imaginable. The O-1 Visa thus serves as a dynamic tool for enriching the intellectual and cultural fabric of the nation by inviting individuals who are not only at the summit of their careers but who also bring a wealth of knowledge, expertise, and innovation to the American landscape.

### **Enriching the U.S. Through Extraordinary Contributions**

The O-1 Visa holders are a driving force in the U.S. economy and culture with their influence extending far beyond the immediate scope of their fields. For instance, Justin Bieber, a recipient of the O-1 Visa, has made valuable contributions to the American music industry, influencing genres and trends while also generating substantial economic activity through concerts, merchandise, and media presence. The success stories of O-1 Visa recipients like Bieber underscore the visa's role in attracting individuals whose talents and endeavors have a multiplier effect, leading to job creation, stimulating innovation, and enhancing the global competitiveness of U.S. industries.

O-1 Visa holders do not only stimulate economic progression; they also play a crucial role in cultural exchange and diversity. These individuals bring unique perspectives and skills that enrich the American arts and sciences, fostering cross-cultural dialogue and understanding. The USCIS data reflecting thousands of O-1 visas approved annually is a testament to the United States' recognition and appreciation of the invaluable assets these extraordinary professionals represent. By welcoming such individuals, the U.S. not only reinforces its cultural mosaic but also encourages a dynamic environment where innovation and creativity are paramount, further cementing its position as a global leader in various sectors.

 ![](/uploads/Jillian_Tamaki_4a6b2d3897.webp)
 Trevor Noah. Illustration: Jillian Tamaki 

### **Navigating the O-1 Visa Application: A Showcase of Distinction**

The journey to secure an O-1 Visa is an exacting process that demands a meticulously curated dossier, showcasing the applicant's extraordinary talents. Comedian and television host Trevor Noah's successful attainment of an O-1 Visa is a case in point, illustrating the level of distinction required for approval. Noah's application would have included evidence of his international awards, critical acclaim, and the significant influence of his comedic and literary works, which exemplify the caliber of achievement the O-1B visa recognizes. His journey from a South African comedian to a prominent TV host in the United States highlights the transformative power of the O-1 Visa for individuals who have reached the pinnacle of their careers on an international scale.

Applicants must provide extensive documentation, such as evidence of original contributions of major importance, high salary or remuneration indicative of their extraordinary status, and published material in reputable publications. The process often involves testimonials from peers or experts in the field, validating the applicant's unique professional stature. Moreover, the applicants must demonstrate a clear intent to continue working in their area of extraordinary ability by presenting their employment offer within the U.S., which underscores the visa's role in not only acknowledging past achievements but also in fostering future innovation and excellence on American soil.

In closing, the O-1 Visa stands as a testament to the U.S.'s ongoing commitment to fostering a diverse and dynamic environment where global talent can flourish. Its inclusive parameters invite professionals from various backgrounds to contribute their specialized skills and accomplishments to the American tapestry. The narratives of renowned figures such as Bieber, Noah, Jackman, and Messi enrich the U.S.'s cultural diversity and propel its economic and innovative prowess. As an immigration attorney, I am honored to facilitate the journey of these distinguished immigrants, ensuring that the U.S. remains a nurturing ground for the world's finest minds and artists.

The O-1 Visa is an emblem of the United States' dedication to embracing extraordinary talents from across the globe.

keith negley.webp

The O-1 Visa: A Gateway for Extraordinary Talents Across Industries

 In the arena of global innovation, STEM fields—Science, Technology, Engineering, and Mathematics—stand as pillars of progress. The United States, pursuing dominance in these sectors, has become the immigration target for the brightest minds worldwide. State-of-the-art research centers, a dynamic start-up ecosystem, and significant technological investments attracts thousands of top-notch talents to the U.S. every year. This phenomenon, often referred to as "brain drain," is not accidental but the result of strategic positioning by the U.S. to maintain its leadership in innovation and technology. The relationship between the U.S. and foreign STEM professionals is a testament to the country's longstanding aspiration to be at the forefront of technological breakthroughs, shaping a new era where knowledge is universal.

## ***STEM Fields, Brain Drain, and the U.S.***

The U.S. stands as a proof to the power of Science, Technology, Engineering, and Mathematics. These STEM fields are not just academic endeavors but the backbones of American innovation, driving economic growth and securing its status as a global leader. Moreover, the U.S.'s continuous pursuit for scientific advancement has positioned the nation as the center for future technology, with Silicon Valley emerging as a focal point for groundbreaking ideas within this larger trend.

Historically, the United States has financially thrived thanks to the intellect and creativity from its diverse population, including immigrants who have left permanent marks on the nation's STEM heritage. In fact, the U.S.’s industrial and technological revolutions were fueled, in part, by the contributions of foreign-born individuals, and the trend continues today. The American ideals of discovery and entrepreneurship resonate with STEM professionals all over the world and attract them to participate in the U.S.' pursuit of revolutionary progress.

This is, in essence, due to the mutual recognition of value between the U.S. and these talented individuals. The United States offers a variety of world-class opportunities for research, innovation, and professional development, while immigrants provide fresh perspectives and specialized skills. This exchange has brought the U.S. to the frontlines of positivist inquiry and emerging technologies, effectively making it the go-to destination for the world's brightest STEM professionals. Henceforth, the ongoing collaboration between American institutions and international talent is essential for sustaining the nation's economic leadership and scientific influence.

 ![](/uploads/2_f7b0a48497.webp) 

## ***Biden-Harris Administration’s Actions on STEM Fields***

Recognizing the vital role STEM fields play in national wealth, the Biden-Harris Administration has taken decisive steps to further strengthen the U.S.'s position in the global STEM industry. The White House has outlined a comprehensive strategy to empower the nation's economy and retain its universal competitiveness. Key initiatives include the Global Talent Attraction program, which stresses the significance of inviting international STEM experts to enrich the U.S. workforce. The Early Career STEM Research Initiative and the expansion of the STEM OPT program reflect a bold effort to provide international scholars and students with opportunities to engage in groundbreaking research on U.S. soil. Updates to the O-1A classification and National Interest Waivers show a commitment to simplifying the immigration process for individuals with extraordinary abilities in STEM fields. These proactive measures are designed to attract and keep the best and brightest, ensuring that the U.S. retains its leadership position in scientific and technological advancement.


## ***Critical & Emerging Technologies and the Advent of Artificial Intelligence in STEM Fields***

Within critical and emerging technologies industry, Artificial Intelligence (AI), Quantum Computing, and Cybersecurity stand out as pivotal areas shaping the future. These technologies are the superstars of innovation, driving revolutionary changes across industries and redefining the boundaries of what is possible.

Artificial Intelligence, in particular, represents a giant leap in technological progress and reshapes our personal and professional lives every day. As AI systems become more sophisticated, they influence sectors from healthcare to finance, making it a driving force behind modern tech epoch and a critical component of the U.S. strategic advantage. Moreover, AI’s rapid rise necessitates a workforce that is not only skilled but also forward-thinking and diverse, capable of pushing the limits of what it can achieve.

In this context, the contributions of immigrants are invaluable. The National Foundation for American Policy's (NFAP) study in June 2023 proves the immense impact that immigrants have had on the AI sector. With 65% of the top AI companies in the U.S. having immigrant founders or co-founders and 70% of full-time graduate students in AI-related fields coming from abroad, it is evident that the intellectual capital and entrepreneurial spirit of immigrants are key to the AI industry's success.

 ![](/uploads/3_1b3b45fe28.gif) 

Fortunately, these STEM professionals are often the beneficiaries of specialized visas and Green Cards that recognize their exceptional talents and the significant roles they play in advancing U.S. interests. For example, the O-1 visa category, for those demonstrating extraordinary abilities, and the H-1B visa, a common choice for specialty occupation professionals, are popular options in bringing these individuals to the U.S. The EB-1A self-petition Green Card is reserved for those who can prove they are at the top of their field, offering them a pathway to permanent residency. Similarly, the EB-2 NIW (National Interest Waiver) Green Card, also a self-petition, is designed for professionals whose work is considered of national importance.

This strategic immigration framework is essential not just for filling immediate workforce gaps but also for supporting long-term innovation. By providing a clear path for talented AI professionals to contribute to the U.S. economy, the nation sustains its status as a global authority in AI research and development.

I can almost certainly say that the interplay between AI's rise and U.S.'s immigration policies will create a consistent flow of brain drain. As the United States continues to prioritize the development of AI and other critical technologies, it is likely to benefit from the increased issuance of visas and Green Cards to international STEM talents. This approach ensures that the U.S. remains as the vanguard of the global innovation landscape, continually attracting the brightest minds to contribute to a future where AI not only thrives but also serves the greater good.

With the Advent of Artificial Intelligence, STEM Fields Signal a New Era of Brain Drain for the U.S. 

Artificial Intelligence and the U.S. Immigration

1.webp

STEM Fields Attract Top-Notch Professional Talents to the U.S., Signaling a New Era of Brain Drain for the Nation

If you are a noncitizen who wants to work in the United States, you may need to get Employment Authorization Document (EAD). An EAD is a card that proves that you are authorized to work in the United States for a specific period. It is also known as **Form I-766 or a work permit.**

**What is The Difference Between Visa, Green Card and EAD?**

- A visa allows you to enter and stay in the US for a certain purpose, such as studying, visiting, touring, or working. 
- A green card grants you permanent residency and the right to work in the US indefinitely. 
- An EAD, on the other hand, gives you temporary permission to work in the US while you are in a certain immigration status or situation.

In this article, we will explain what an EAD is and what you need to know about EAD.

## Requirements for Getting an EAD
Not everyone needs a work permit to work in the United States. **Some noncitizens are authorized without EAD to work in the States because of their immigration status or circumstances.** 

For example, lawful permanent residents (green card holders), asylees, refugees, and certain nonimmigrant visa holders (such as H-1B, L-1B, O, or P) do not need a work permit document to work in the US. They can use their green card or visa as evidence of their work permit.

*Want to get a [Green Card with US employment](https://www.grapelaw.com/library/content/how-to-get-a-green-card-with-us-employment)? Learn how.*  

However, some noncitizens are required to apply for an authorization document if they want to work in the United States. 

For example, if you have a **pending Form I-485** (Application to Register Permanent Residence or Adjust Status), a **pending Form I-589** (Application for Asylum and for Withholding of Removal), or a nonimmigrant status that does not allow you to work without permission from USCIS (such as an M1 or F1 student), you need to do the filing before you can start working.

*Check out the types of [Employment Visa Options in the US](https://www.grapelaw.com/library/content/working-in-the-us-a-guide-to-employment-visa-options).*

There are many categories of noncitizens who are eligible for an employment authorization document. **Some of the common categories include:**
- [Adjustment of Status](https://www.grapelaw.com/library/content/adjustment-of-status-requirements-and-steps-grape-law) applicants
- Asylum applicants and asylees
- [Deferred Action for Childhood Arrivals](https://www.whitehouse.gov/briefing-room/statements-releases/2023/04/13/fact-sheet-fact-sheet-president-biden-announces-plan-to-expand-health-coverage-to-daca-recipients/) (DACA) recipients
- Temporary Protected Status (TPS) beneficiaries
- U visa applicants and U nonimmigrants
- Spouses and dependents of certain nonimmigrant visa holders
- M1 and [F1 students](https://www.grapelaw.com/library/content/how-to-apply-for-f1-student-visa) seeking [optional practical training](https://www.grapelaw.com/library/content/employment-for-international-students-in-the-us) (OPT) or curricular practical training (CPT)
- Spouses and dependents of [J1 exchange visitors](https://www.grapelaw.com/visas/student-and-exchange-visitor-visas/j-1-visa)

Some applicants may also qualify for a permit based on **compelling circumstances**. These are circumstances that prevent the applicants from maintaining their current nonimmigrant status or may prevent them from obtaining other immigration benefits. 
**Applicants may include:**
- victims of domestic violence, human trafficking, or other crimes
- applicants facing extreme hardship due to unforeseen events
- applicants eligible for humanitarian programs

## How to Apply for an EAD?
To apply for an employment authorization document, you need to file Form I-765 (Application for Employment Authorization) with USCIS. You can file online or by mail, depending on your eligibility category. 

### Application Documents
When you file Form I-765, you need to submit some supporting documents along with your application fee. 
The exact documents you need may vary depending on your eligibility category, but generally, **they include:**
- A copy of your passport or any other official government-issued ID 
- A copy of your current visa or other immigration document (such as your Form I-94)
- A copy of your previous work permit (if any)
- Two passport-style photos
- Any other documents that show your eligibility for a work permit (such as your Form I-485 receipt notice, your asylum approval notice, your TPS registration notice, etc.)

You can find the specific document requirements for each eligibility category on the [USCIS website](https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document) or on the [Form I-765 instructions](https://www.uscis.gov/i-765).

## How Long Does It Take to Receive an EAD?
The processing time for an employment card may vary depending on several factors, such as your eligibility category, the USCIS office handling your case, and the volume of applications received by USCIS. 

You can check the current processing times by selecting the form number (I-765) and the service center that is processing your application.

Generally, it may take anywhere from **2 to 12 months** to receive your permit after you file your application. However, some applicants may experience longer delays due to various reasons, such as background checks, requests for additional evidence, or administrative errors.

**If your EAD application is pending for more than 90 days**, you can contact USCIS to inquire about the status of your case. 

You can also request expedited processing of your permit filing if you meet certain criteria, such as severe financial loss, humanitarian reasons, or emergencies. 

You can find more information on how to request expedited processing on the [USCIS website](https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request#:~:text=You%20can%20generally%20request%20expedited,have%20obtained%20a%20receipt%20notice.).

## How to Renew Your EAD?
If your EAD is about to expire and you are still eligible for it, you can apply for a renewal of the employment authorization document. 

You need to file a new Form I-765 with the same documents and fee as your initial application. **You should file your renewal application at least 180 days before your current document expires to avoid any gaps in your permit filing.**

Some applicants may be eligible for an automatic extension of their permit for up to 180 days while their renewal application is pending. This applies to certain categories of applicants who file their renewal application before their current EAD expires and who meet other requirements. 

You can find the list of categories eligible for an automatic extension [here](https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-andor-employment-authorization-documents-eads-in).

If you are eligible for an automatic extension, you can use your expired work permit along with your Form I-765 receipt notice as evidence of your employment card during the extension period. However, some employers may not be familiar with this rule and may require you to present a valid EAD to continue working. In that case, consult an immigration attorney for assistance.

## How to Replace Your EAD?
If your EAD is lost, stolen, damaged, or contains incorrect information, you can apply for a replacement of your USCIS employment authorization document. 

- You must file a new Form I-765 with the same documents and fee as your initial application. 
- You should also include a copy of your original EAD. (if available) 
- Explain why you need a replacement.

You will also need to provide the document number on your previous or current employment card. The document number on an employment authorization card is a 13-digit number that starts with three alphabets and is followed by 10 numerical digits, and it locates at the front of the authorization document. 

If your employment card is lost or stolen, you should also report it to the local police and obtain a police report. This will help you prevent any identity theft or fraud using your card.

## Get Professional Help on the Way to Employment Card
We at Grape Law Firm, have a team of experienced and dedicated immigration lawyers who can help you with all your immigration needs. Whether you need a work permit card, a visa, a green card, or any other immigration benefit, we can guide you effortlessly through the process and ensure that your application is done completely and successfully.

You can [message us](https://www.grapelaw.com/contact) anytime through our website or [schedule a video consultation](https://calendly.com/grapelaw) with one of our experienced lawyers.

## Frequently Asked Questions
### What Is The Difference Between an EAD and a Visa?
A visa is a document that allows you to enter and stay in the United States for a specific purpose and duration. A visa does not necessarily authorize you to work in the US. 

An EAD is a document that proves that you are authorized to work in the States for a specific time period. An Employment Card does not grant you any immigration status or allow you to enter or stay in the US. You need to have a valid visa or another immigration status to be eligible for a work permit document.

Want to learn more about [employment visa](https://www.grapelaw.com/visas/employment-based), check out.

### What Is The Difference Between an EAD and a Green Card?

A green card is a document that grants you permanent residency in the United States. It allows you to live and work in the US indefinitely without any restrictions or limitations. A green card also gives you certain rights and benefits, such as applying for citizenship, sponsoring family members, traveling abroad without losing your status, etc.

An EAD is a document that gives you temporary permission to work in the US while you are in a certain immigration status or situation. An Employment Card does not grant you any permanent residency or citizenship rights. The employment card also has an expiration date and needs to be renewed periodically.

### Who Issues The Employment Authorization Document?

The employment authorization document EAD is issued by USCIS. USCIS is responsible for processing applications for immigration benefits.
### How Much Is an Employment Authorization Document?

The filing fee for the permit is $410 as of February 2023. However, some applicants may be exempt from paying the fee or eligible for a fee waiver based on their eligibility category or financial situation.
### Is It Hard To Get An EAD?

The difficulty of getting the document depends on several factors, such as your eligibility category, the availability of visas or other immigration benefits, the processing time of USCIS, and the complexity of your situation. 



An EAD gives you legal status to work in the US. Find out your eligibility to apply for employment authorization document and learn more about the process!

what-is-an-employment-authorization-document.webp

What is an Employment Authorization Document?

Many international students pursue higher education in the United States with the hope of finding employment opportunities in the country after graduation. **However, being granted a visa to study does not guarantee a visa to work.** 

After completing their studies, international students may face uncertainty and challenges in securing a job and staying in the US.

Fortunately, **the US offers several options that allow international students to gain work experience and explore career opportunities after graduation.** These options vary depending on the type of visa, degree, and field of study of the student. Some of these options require prior authorization from the US government, while others are more flexible and accessible.

This article explores **five viable options available to [international students](https://www.grapelaw.com/visas/student-and-exchange-visitor-visas) seeking employment in the US after graduation.** It also provides tips for finding a job and the significance of planning ahead for a successful career transition whether you want to work temporarily or permanently in the US.

## Importance of Understanding Visa Requirements for International Students

You’re an international student who wants to have post study work in the US after graduation. But do you know what visas you need and how to get them? 

Each visa option has different rules and steps to follow. You need to learn these rules and steps so you can plan your post-graduation steps and avoid trouble.

Apart from reading this article, think about your own situation and talk to immigration experts to find out the best visa or training option for you.

Let’s get started with the 5 best options to work in the US after graduation.
## 1. Curricular Practical Training (CPT)

As an international student in the US, you can benefit from **Curricular Practical Training (CPT)**, a work authorization program that lets you work in a job that is related to your field of study.

You can choose to work part-time or full-time, either during the school year or during breaks. But before you can start working, **you need to meet some requirements.** 

- Be enrolled in a US institution for at least one academic year (the first 9 months after you enroll)
- Get approval from the Designated School Official (DSO) who knows your program requirements

CPT is a great way to get hands-on experience and use your academic knowledge in real-world settings. It also helps you build professional networks and get ahead in the job market.
## 2. Optional Practical Training (OPT)
 
As an international student in the US, you can also work in your field of study for a certain time, usually up to 12 months, after finishing your academic program. This is called **Optional Practical Training (OPT)**.

You can do OPT either before (pre-completion OPT) or after (post-completion OPT) graduation.
### Pre-Completion OPT
 
You can **work in your field of study before finishing your degree program** with Pre-completion OPT. You can work part-time during the school year and full-time during breaks.

But you need to meet some requirements to do pre-completion OPT. You need to have completed **at least one academic year of study** and keep your [F-1 student status](https://www.grapelaw.com/library/content/student-visa-options-in-the-us-f1-m1-j1).
### Post-Completion OPT
 
Now Post-completion OPT allows you to **work after completing your degree program**. It is typically full-time and can last for a **maximum of 12 months.** 

But you need to meet some requirements for qualifying for this training. You need to have finished your program of study and apply for the employment authorization document (EAD) from the US Citizenship and Immigration Services (USCIS).

Optional Practical Training (OPT) provides international students like you with an opportunity to gain practical hands-on work experience and learn closely about the US job market. It helps you connect your academic study and professional employment, improve your employability and explore potential long-term career opportunities.
## 3. STEM Optional Practical Training Extension (OPT) 

If you are a STEM graduate, you can work for longer in your field of study with STEM Optional Practical Training Extension (STEM OPT). This is **a special extension of the regular OPT program for students** who have completed a degree in a STEM field.

STEM OPT lets you work for an **extra 24 months**, making it a total of 36 months of OPT.

But you need to meet some requirements to do STEM OPT. You need to have a degree in a STEM field and **a job offer from an employer who is part of the E-Verify program**.

You also need to have a formal training plan from your employer that shows how the job will help you achieve your practical training goals.

The STEM OPT extension is very helpful as it gives you more time to work and learn in your field of study. You can get more work experience and possibly find long-term employment opportunities in your chosen field.

STEM OPT also gives you a chance to discover and contribute to the exciting fields of science, technology, engineering, and mathematics.

See also [How to Work as a F1 Student](https://www.grapelaw.com/library/content/employment-opportunities-for-f1-students)
## 4. H-1B Visa
 
The [H-1B work visa](https://www.grapelaw.com/visas/employment-visas/h-1-b-visa) program is one of the most sought-out pathways for international students seeking long-term employment in the United States. If you want to work in the US for a longer period, you can apply for the H-1B visa program. This is a **non-immigrant visa category that lets US employers hire foreign workers in specialized occupations.**

Many international students use the H-1B visa as a way to continue working in the US after their OPT period ends. 

**The H-1B visa usually lasts for three years**, and you can extend it for another three years.

But you need to meet some requirements to get the H-1B visa. 

- Be an international student with a job offer from a US employer who is ready to sponsor you
- You have specialized knowledge and skills that are hard to find among US workers

**One challenge with the H-1B visa is the limited number of visas issued each year.** The US government issues 85,000 new H-1B visas each year. Out of these, 65,000 are for employers in the US, and 20,000 are for employers who hire foreign workers with a master’s degree or higher from a US institution. 

This is called the H-1B Cap. Because of this cap, the H-1B visa application process is very competitive, and not all applicants may get approval.
For more information visit [What is H1B Cap and Who Qualifies for Exemption](https://www.grapelaw.com/library/content/understanding-the-h1b-cap-exemptions).
## 5. Employer Sponsorship and Green Card

Another option for a work permit for students in the USA after graduation is [employer sponsorship for Green Card](https://www.grapelaw.com/visas/employment-based/eb-3-green-card). 

This option allows you to stay and work in the US with Green Card, but it also requires a strong commitment from both you and your employer.

To get a permanent residency or international student Green Card through employer sponsorship, you and your employer need to follow a few steps.

- First, your employer needs to file a petition for you, stating that they want to hire you.
- Next, your employer needs to prove that they could not find any qualified US workers for your position.
- Then, you can apply for permanent residency under a specific category, such as employment-based immigration.
 
See also [Employment-Based Green Card](https://www.grapelaw.com/visas/employment-based) options

**Getting a Green Card with employer sponsorship can be challenging and lengthy.** You should consult an immigration attorney who can help you with the process and make sure you meet all the requirements.
## Finding a Job in the US After Graduation

Finding a job in the US after graduation can be a rewarding but challenging goal. **You need to plan ahead and take action during your studies in order to have a clear picture of what to do after graduation.** 

Here are some helpful tips for you to land a great job opportunity:
### Do Some Networking

Building a professional network is crucial for finding job opportunities. **You should attend career fairs, industry events, and join professional associations related to your field of interest.** 

Networking involves connecting with alumni, professors, and professionals physically, or virtually through platforms like LinkedIn. It is a must that you have a professional online presence that helps you actively showcase your profile and portfolio. 

Your successful networking can lead you to desirable job referrals, internships, and valuable insights into the job market.
### Leverage University Career Services

Leverage the career services offered by your university. Almost every career cell of a university provides guidance on job search strategies, resume and cover letter writing, interview preparation, and tips on ways to connect with potential employers.

So **take advantage of workshops, mock interviews, and resources provided by your career cell to enhance your job-securing skills.** 

The career cell can also inform you about recent job fairs and upcoming recruitment events. Always keep a check on the latest updates on their websites, or notice boards.
### Thoroughly Research Companies

**A thorough research on companies that sponsor international employees can lead you to opportunities you might not be even aware of.** So always search for organizations with a history of hiring international graduates and providing visa sponsorship. 

Your focus should be the companies that align with your career goals and values. Explore their websites, company culture, and available job opportunities. 

Tailor your application materials to each shortlisted company so that you can demonstrate your enthusiasm and thus fit for the role.
### Participate in Internships and Co-Op Program
s
Participating in internships and co-op programs during your studies can provide valuable work experience and potentially lead to full-time employment. **Many companies use internships as a pipeline for hiring new graduates.** 

Seek out internships and co-op opportunities that align with your career interests. During the selection process, make a positive impression to increase your chances of being hired. 

You should ideally look out for job opportunities while you are in college. Preparation for great career opportunities after graduation may also involve getting a good GPA, participating in extracurriculars (leadership, skill-building activities), and permitted volunteering.

It might be challenging for you to land a post study work opportunity quickly after graduation, however, if you keep persisting, applying, following up, and improving your skills, no job would be out of your reach. So don’t give up after rejections, or challenges. Always remember why you started and why you came to the US, that is, to fulfill your American Dream. 
## Professional and Experienced Help - Grape Law

As an international student studying in the US, you have many choices for finding work opportunities after graduation.

The Curricular Practical Training (CPT) and Optional Practical Training (OPT) programs enable you to gain practical work experience during or after your studies. If you’re a student in science, technology, engineering, or mathematics field, then the STEM OPT extension can give you more time to work in the US. Moreover, the H-1B visa allows you to work for a longer term, while employer sponsorship for permanent residency lets you pursue a career in the US permanently.

By exploring these options, and planning ahead, you can maximize your opportunities for employment in the US after graduation and embark on a rewarding professional journey. [Send a message](https://www.grapelaw.com/contact) or [schedule a video call](https://calendly.com/grapelaw) today for your next step in the US.


Finding work opportunities in the US after graduation can be challenging for international students. In this article you can discover 5 options.

employment after graduation for students in america

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Employment After Graduation for International Students in the US

Adjustment of Status (AoS) is what you need to apply for permanent residency, while inside the US on a nonimmigrant visa.

The provision of becoming a permanent resident of the US, lawfully, is laid under **section 245(i) of the Immigration and Nationality Act (INA)**. 

In this article, you can discover the benefits, requirements, and steps of Adjustment of Status (AoS). So keep reading to learn how AoS can benefit you and take the first step toward becoming a permanent resident!

Note: By referring to "You" throughout the article, we mean the “beneficiary”.
## Why You Should Do Adjustment of Status
Making the US your home can come with lots of perks and benefits. These perks can only be availed when you apply for an adjustment of status of your temporary visa, **to become a Green Card holder through [employment](https://www.grapelaw.com/visas/employment-based) or [family](https://www.grapelaw.com/visas/family-green-cards).**

### No Need to Leave the U.S.
By filing your adjustment of status application, you may not need to leave the US for getting permanent residency, thus **saving lots of time, stress, and expenses.** 

You can complete all the paperwork, and interviews for permanent residency while you are in the US on a nonimmigrant visa, through this process.
 
### A Streamlined Process
AoS is a streamlined process of getting a Green Card that is more convenient than the consular process of getting an immigration permit from your home country.

Even if the advantages of getting a Green Card through AoS are a plus, **applications from your home country take less time during the process.**
### Access to Employment Opportunities
 AoS, which results in obtaining a permanent residency, provides you with **larger and more diverse job opportunities**, thus enabling greater career growth. 

After adjusting your status, you do not need a work visa or sponsorship every time you change your employer.

See also [the difference between Green Card and Non-immigrant visa](https://www.grapelaw.com/library/content/green-card-vs-visa-2023)
### Ability to Travel Freely
While you’ve applied for permanent residency through the process of AoS, it would ensure that you don't need any additional paperwork or visa process every time you travel inside the US. 

You can travel outside of the US also while your AoS is pending in case of unavoidable circumstances or an emergency only. This can be done by obtaining an additional advance parole document (or travel permit). 

**We recommend you not to travel outside of the US while your status is pending,** as USCIS considers going outside of US, while the application is under review as equivalent to abandoning the application.  

Worth reminding that absence of more than 6 months from the U.S. may break the continuity of your residency. For more information visit [uscis.gov](https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3#:~:text=Absence%20of%20More%20than%206,the%20continuity%20of%20such%20residence.) web page.
### Government Benefits
A pending permanent residency status still gets you essential government benefits, like Social Security, and Medicare. 

Apart from these perks, you get a few extra benefits while your AoS is pending such as

- You can apply for Advance Parole. This allows you to travel abroad while your application gets approved.
- Even if your nonimmigrant visa expires during the pending status, you can still legally live in the US.
- You can work under any U.S. employer.
*Depending on your Green Card category, you may be obliged to work for your sponsorship in a period of time.*
## Adjustment of Status Requirements
You must fulfill a few general requirements in order to qualify for an application to AoS. 

- You must be **physically present,** at the time of the petition, in the United States.
- You must **not have inadmissibility grounds** for adjustment of status.
- You, while being an alien, must possess an approved immigration petition.
- You must have **entered the US legally** during the interim residential period (i.e. while being a nonimmigrant)
- Your petition shall qualify and will be subject to the availability of a Green Card **within a particular numerical annual quota.**

Additionally, there shouldn't be any change(s) in circumstances that could negatively affect your adjustment of status. 

## Two Broad Categories of AoS Petitions
The two broad categories for classification of the petitions AoS is based on the kind of relationship that the beneficiary immigrant possesses with the U.S. sponsor. 

The US sponsor, who is also the “petitioner”, can be the family relation of the beneficiary, or their employer.
### Family-Based Petition Category
There are two subcategories of AoS petitions that you can consider under Family-based petitions.
#### Immediate Relative Petition
This subcategory applies to the immediate **family members of a US citizen only.** The beneficiaries under this category are given special immigration priority. And an unlimited number of visas are available throughout. 

If you are a US citizen, you can file for an immediate relative petition on behalf of your parent(s), spouse, child (unmarried, below 21), or stepchild (or an adopted orphan). 

As a petitioner, you will be required to file an I-130 petition on behalf of the beneficiary and be required to show proof of your US citizenship and evidence of your relationship with the beneficiary. 

**While filing an I-130 petition, you can simultaneously apply for AoS.** 

Filing the I-130 petition assures USCIS, in proof, that you possess an immediate family relationship with the petitioner (a US citizen). 

While the function of the status adjustment application is that the beneficiary doesn't possess any admissibility issues which might affect his/her approval and that the background checks have been conducted to ascertain the beneficiary's complete identity.

#### Family-Preference Petitions
Family Preference Petitions **are meant for more distant family relationships.** These petitions are reserved for U.S. citizens and lawful permanent residents. These are few in number and have more wait time associated with them in comparison with the above category.
Qualifying family relationships with the beneficiary include- 

- **F1** - Son or Daughter (21 or above, unmarried), of U.S. Citizens 
- **F2A** - Spouse; Unmarried Son, Unmarried Daughter (under 21), of Permanent Residents
- **F2B** - Adult and Unmarried Daughters and Sons, of Permanent Residents 
- **F3** - Married son or daughter (any age), of U.S. Citizens
- **F4** - Brother or Sister, of Adult U.S. Citizens

You will be required to establish your relationship with the beneficiary. And must pledge to sponsor the beneficiary family member to the US. Also, you must assure that they are free of inadmissibility issues such as the absence of health, immigration violations, and criminal record issues. 
### Employment-Based Preference Petitions
The Employment-based (EB) preference immigrant categories are reserved for those aliens who wish to get permanent resident status through EB visa categories. An alien’s status can be adjusted to permanent residency, while they’re in the US working under different professions.

There are three kinds of employment categories that are applicable for adjustment. 

- **First preference (EB-1)** - These include priority workers, such as aliens with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers.
- **Second preference (EB-2)** - EB-2 include people holding advanced degrees in various professions.
- **Third preference (EB-3)** - This category includes skilled workers, and professionals not included in EB-1 and EB-2.
- **Fourth Preference (EB-4)** - Exceptional applications. Mostly used for religious workers.
- **Fifth Preference (EB-5)** - Permanent residency through high amount of investment.

You, as a self-petition, or your employer should fill out Form I-140, Immigration Petition for Alien Worker along with Form I-485, in order to qualify.

If you are not sure about which petition you should file, you should contact an experienced immigration attorney who shall help you at each step of the application process. Nevertheless, we have simplified the steps for AoS below.
## Steps for Adjustment of Status
### Determine If You are Eligible for Green Card
Firstly, you need to check your (beneficiary's) eligibility for Green Card. You can check this by giving a glance at various immigrant categories.
 
It is of utmost importance for you to know which category is applicable to you, as each category has a different set of requirements, failing which your application might not move further.

Check your Green Card eligibility categories from [USCIS](https://www.uscis.gov/green-card/green-card-eligibility-categories).
### File an Immigrant Petition for the Beneficiary
Now that you have checked your eligibility, it's time that you consider filling out two forms 

- Immigrant Petition: Form I-130 or Form I-140
- Adjustment of Status: Form I-485 

The immigrant petition form will be filled on your (beneficiary) behalf by a US citizen, or a lawful permanent resident (Green Card holder) of the US. 

There are various types of petition forms that depend on the relationship of the beneficiary in the context of the petitioner. 

For example, if you are an alien relative, then your immigrant petition form will be Form I-130; Form I-140 for an alien worker; Form I-929 for a Family member of a U-1 Nonimmigrant. 

After your immigrant petition is approved, you can move on to fill out the AoS form i.e. Form I-485. Sometimes Form I-485 can be filled simultaneously with the Immigrant Petition Form, or while the latter is pending. **This is called "Concurrent Filing"**

### File Form I-485
You can file Form I-485. This is a formal application for adjustment of status. As noted earlier, you must be residing in the US for filing this form.
### Take your Application Support Center (ASC) Appointment
You will need to go for your biometrics after filing Form I-485. The USCIS will notify you of the date(s), time, and location on which your biometric is to be done.

They will ask you to come to a local **Application Support Center (ASC)** for the metrics.The biometrics largely include your fingerprints, photograph, and signature, so that USCIS can establish your identity for background and security checks.
   
In case you are not available on the notified timings, you need to notify USCIS and request to reschedule your appointment, failing which your Form I-485 may get nullified.
### Attend Your Interview
In certain cases, USCIS will call you for an interview. They will ask you to take an oath and affirmation with regard to Form I-485.
 
You (beneficiary) will be required to be accompanied by your petitioner (lawful permanent resident or citizen of the US).

Both of you must carry all the documents that you submitted with Form I-485, in original. This may include- passports, travel documents, Form I-94.
### Check Your AoS Status
Once you are done with all the formalities, you can wait for the formal approval of your Status. You may check your status through a [dedicated online portal](https://egov.uscis.gov/casestatus/landing.do), or by calling USCIS Contact Center at 800-375-5283.

You need to keep the details such as receipt number, A-number*, name, and date of birth handy for reference.

***A-number** is an Alien Registration Number. It is a seven to nine-digit unique identification number provided to you (a noncitizen) by USCIS. This number is used for identifying, referencing, and tracking immigration files. It looks something like- A012345678*
### Final Decision
USCIS is the authority to make the final decision on your Green Card application. Once they approve your application, they will send you an Approval Notice in writing. 

After you get the Approval Notice, a little later, you will receive your actual Green Card, congrats!

All the above steps are crucial for a successful Adjustment of Status (AoS) application. If you have difficulty following or want to get more clarity on the steps above, consider getting a consultation with an experienced immigration attorney.
## Adjustment of Status Timeline
If you are wondering how long it takes to get the status of your residence permit adjusted, that depends on several factors, such as- the type of application, the number of people applying, and your individual circumstances.

Often, the processing time is slow. However, you may consider the following as approximate timings for adjustment of status.

- **Alien Relative (Form I-130)** - 15 months
- **Nonimmigrant Worker on H-1B visa (Form I-129)**- 2 months
- **Alien Fiancé (Form I-129F)**- 16.5 months
- **Alien Worker on E31/E32 Visa**- 7.5 months
- **A Family Member of U Nonimmigrant** - 27 months.

Note: The above timeline is for California Service Center, and are approximate dates of processing. The processing time highly depends on the Service Center, or the Field Office that you have applied from. Currently, there are 5 Service Centers that you can apply from. 

You can calculate the processing time for your application on [USCIS](https://egov.uscis.gov/processing-times/).
## Working with Grape Law for Adjustment of Status

The immigration process can be complex and tedious. While you can always get support through your petitioner, consulting with an Immigration Attorney can make the process more fruitful and hassle-free.

An immigration attorney would make you understand all the legal requirements, take care of your documentation, and appear successfully for any appointments.

So don't leave your future in the hands of chance. Contact our immigration advisor so that all the needs are fulfilled, and requirements are met. [Schedule a consultation](https://calendly.com/grapelaw) with us and take the first step toward obtaining your Green Card today.

## FAQ
**What are the Benefits of Filing an Adjustment of Status?**

Adjustment of status (AoS) puts you in the process of becoming a permanent resident of the US. While your status is pending, you can still work and travel freely across the US lawfully.

**How Long Does Adjustment of Status Take?**

It typically takes 12 to 24 months (excluding exceptions), depending on the type of application and other factors.

**What are the Steps for Adjustment of Status?**

Firstly, you check eligibility categories, Then you submit Form I-485, gather supporting documents, attend the biometric appointment, and wait for the decision.

**What is the Difference between a Change of Status and an Adjustment of Status?**

Change of Status is when you apply to change your nonimmigrant status to another kind of nonimmigrant status.
Adjustment of Status is when you apply for changing a Nonimmigrant to an Immigrant (Green Card) status.

**What are the Inadmissibility Grounds?**

Inadmissibility from applying is a situation due to which you may be denied access to becoming a permanent resident. The bar to adjustment can include an undesirable and unlawful means for entry to the US, and commitment of an act of violation.

**What is Concurrent Filing?**

When you submit Form I-130 and Form I-485 simultaneously, it is called Concurrent Filing.

**What Happens if the AoS is Denied?**

You can file an appeal or a motion to reopen or reconsider if your application is denied.






Adjustment of Status (AoS) is what you need to apply for permanent residency, while inside the US on a nonimmigrant visa.

adjustment of status requirements and steps

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Adjustment of Status Requirements and Steps

Each year people flock to work in the US, as the US market is known for its innovation, accommodation, and diversification. Approximately 140,000 employment-based immigrant visas are issued to qualified candidates every fiscal year that spans from October 1st to September 30th.

Depending on the type of employment, you need to check which category fits you the best before applying for a US work visa.

In this article, we will walk you through the types of work visas you can avail of with eligibility and requirements, and other important facts that you will be needing to beware of.
## Types of Non-Immigrant US Work Visas

A non-immigrant work visa is meant for foreign nationals to come and work temporarily in the U.S. There are around **8 non-immigrant work visa categories that you can avail of for temporary work in the U.S.** 

Each work visa has its own requirements and specifications. Let’s jump into the details of each Non-Immigrant U.S. Work Visa.
### E-3 Visa For Specialty Occupation Workers from Australia

An E-3 Visa is reserved for Australian nationals who wish to commit themselves to a specialty occupation in the US. A bachelor’s degree or higher is required, as relevant to the specialty occupation, as a minimum qualification for entry through an E-3.

Thus during your stay, you are required to apply the theoretical and practical knowledge of the highly specialized knowledge that you possess in discharging your duties.

The initial period of stay that is granted, is for 2 years. You can apply for a 2-year extension at the end of the initial stay. **The extension can be made any number of times as there is no limit on the maximum number of extensions.** So, an E-3 practically gives a lifetime opportunity to Australian nationals to work in the U.S. 

### H-1B For Professionals in Specialty Occupation

If you wish to work in **a specialty occupation such as in the fields of engineering, architecture, social sciences, medicine, education, etc.,** then H-1 B Specialty Occupations visa is for you. You will need a bachelor’s or a higher education degree relevant to the specialty occupation concerned.
 
H-1B2 is suitable for folks considering research and development endorsed by their home country. And if you are a person who can offer services of exceptional merit under cooperative research and developed projects in the Department of Defense (DOD), then an H-1B2 is the best bet for you!
 
Also, if you’re a fashion model of prominence, distinguished merit, and ability, then you can apply for an H-1B3.

The total period of stay for an H-1B worker, researcher, or fashion model is capped at six years. **You can initially stay for three years and then apply for an extension.**

### H-1B1 Visa For Chileans And Singaporeans

Like H-1B, the H-1B1 visa accommodates persons with specialized occupational interests. You will need a four-year degree in the concerned specialization to be eligible for an H-1B1. **This is a petition-free visa.** We will talk about the petition later on.

You must note that an H-1B1 is reserved for candidates from Chile and Singapore. There is a certain limit of visas that are granted each year: 1400 for Chile nationals, and 5,400 for Singaporeans.
 
The initial stay period is for one year. **You can apply for only two extensions. Each extension is for one year.**
   
### H-2B Visa For Temporary Non-Agricultural Workers

An H-2B Visa is availed by a U.S, based employer on behalf of a foreign worker. This is done on the preconditions that there are not enough U.S. employees to work as nonagricultural workers and that the temporary employment of the foreign worker will not affect the wages and working conditions of the U.S. national workers. 

Candidates from [select countries](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers) are eligible for H-2B. There is a limit of 66,000 candidates who can avail of this visa every fiscal year.
 
### H-3 Visa For Nonimmigrant Trainee or Special Education Exchange Visitor

H-3 accommodates people who are interested in receiving disability work training from the US. Entrants are involved in training programs that are designed to teach children with physical, mental, or emotional disabilities.

An H-3 “trainee” arrives in the U.S. on an invite-only training program broadly in the fields of- Agriculture, Commerce, Communications, Finance, Government, Transportation, and Other Professions.

Take note, that **this is not a “work visa” in the strict meaning of the term,** rather it allows the visa holder to get “training” in the U.S., for a job that is to be performed outside of the U.S. 

Also, the U.S. employer must ensure that the applicant (trainee) is coming for training that is otherwise not available in the applicant’s home country.  During the time of application, the trainee needs to describe- the type of training, nature of supervision, and structure of the training program.
 
For Non-Immigrant Trainees, the maximum limit of stay is 2 years, and 18 months for special education exchange visitors.

### I Visa For Members of the Foreign Media, Press, and Radio

The I Visa allows foreign media representatives to enter the U.S. As **a media representative,** you might be working in press, radio, film, or other information media. The designations include- reporter, film crew, editor, etc.
 
During their stay, media workers and journalists can carry out their work in collecting, reporting, and disseminating news information. 
It can be either nonimmigrant or immigrant for the concerned media representatives. And the visa holder is allowed to be accompanied by a spouse or children below 21 years of age.
 
**Note:** When you just enter the U.S., at the port of entry (say, airport), you will be checked by a U.S. Customs and Border Protection (CBP) officer. The officer shall determine if you can enter the U.S. or not. A stamped Form I-94 will be provided to you. This form shall determine your authorized period of stay.

### L-1B Visa For Intracompany Transferee Specialized Knowledge

An L-1B enables a U.S.-based company/employer to transfer its employee, who is working in the company’s foreign branch, to a branch based in the U.S. This visa can also be used to send an employee by a foreign company, which does not have any branch in the U.S., to establish one in the U.S.

In both of the above cases, the employee that’s being sent is a person with highly specialized knowledge that contributes to the organization’s interest and development.

Only employers based in at least one foreign country, other than the U.S., can send their employees to the U.S. through an L-1B. And the concerned employee should also have been working continuously for one year in the concerned organization prior to entering the U.S.

The visa-applying employee who is looking to establish a new office in the U.S. on behalf of his/her organization is approved initially for a one-year stay.
 
While the other employee who is just relocating from the organization’s foreign branch to the U.S. branch is granted an initial stay of up to three years. Both candidates however can get an extension of a maximum of five years.

### R-1 Visa For Nonimmigrant Religious Workers

An R-1 visa is issued to any minister or non-minister who is into **a religious vocation or occupation to enter the U.S.** They are allowed temporarily in the U.S. to perform and propagate religious duties and functions.

The temporary work should be at least part-time (or a minimum of 20 hours per week). The employer that they wish to work with **should be a U.S.-based non-profit religious organization.**

You should have an affiliation and involvement in religious activities for at least years prior to visiting the U.S. 

The total approved period of stay for an R-1 is 60 months. You will be initially allowed in the U.S. for 30 months. You can later extend your stay up to 30 months. The 60 months period is counted only for the physical period of stay in the U.S. 

R-1 approves the holder to accompany their spouse, and unmarried children below 21 years of age. 

## Employment Visa Options Eligibility and Requirements

Before applying for any kind of visa, you’re required to check its eligibility and requirements. 

**Labor Certification:** You cannot directly initiate to apply for the visa. Before that, the first thing that is required is a labor certification or any other document of approval from the Department of Labor, US.

You do not apply for this, rather your prospective employer (or petitioner) would do it on your behalf. 
Labor certification is subject to conditions and might differ from case to case, thus your employer should thoroughly read [Instructions for Form I-129](https://www.uscis.gov/i-129) before applying. 

**Form I-129:** Form I-129 which is also called Petition for a Nonimmigrant Worker, should be filed. Again, this is to be filed by your employer/petitioner on your behalf, and should also be approved by the U.S. Citizenship and Immigration Services (USCIS).

Once you get a labor certification and your Form I-129 gets approved by USCIS, you can proceed with the application process.
### Documents Needed for Employment Visas

Generally, the following documents are needed as part of your visa application process, or during your interview. 

- **Passport:** A valid passport is mandatory to travel to the US. The validity of your passport should be at least six months beyond the period of your intended stay. So for example, if you intend to stay 30 months, then your passport validity should be at least 36 months.
-  **Form DS-160:** A completed online Non-immigrant Visa application (or Form DS-160) is required. Take printouts as you will need them at the interview appointment.
-  **Fee Payment Receipt:** Subject to conditions, you will need an application fee payment receipt to appear for the interview.
- **Photo:** This is the same photo that is uploaded while filling up online Form DS-160. The photo should follow the preset photograph guidelines.
- **Receipt Number:** This receipt number is mentioned on the approved Petition for a Nonimmigrant Worker i.e. Form I-129 issued by USCIS.

## Process of Acquiring Employment in America as a Non-Immigrant
 
You need to make sure to follow the steps diligently for getting a work visa in the US. As mentioned earlier, labor certification and an approved Form I-129 are required before you can apply for the visa.
### Online Visa Application Process
 
You need to apply online for a US work visa. You shall be filling out a specific online application form, called Form DS-160 for this purpose. Do take a printout of Form DS-160 as it will be needed at the time of the interview. 

If you’re having difficulty filling up the form, **you can consult our immigration advisor at [Grape Law.](https://www.grapelaw.com/contact)** 
### Schedule the Visa Interview

You cannot qualify for a US work visa without an interview. This interview is conducted at a U.S. Embassy or Consulate of your home country.  

A few things should be noted regarding interviews

- Applicants **below 13 and above 80 years of age are not required to give an interview.** It is mandatory for applicants between the age of 14 to 79. 
- A consular officer, however, can intervene or decide if an interview is required, regardless of the applicant's age. The consular officer would also be deciding which work visa would be applicable for you.
- It gets difficult to appear for a visa interview at the US embassy outside of your home country, thus you must try to get an appointment in your home country. 
- Interview appointments wait times differ from location, visa category, and season, thus you are required to begin the process early to avoid unexpected delays.
- A receipt number is required to schedule an interview. This receipt number is available on your approved Form I-129 issued by USCIS. 
- At the time of the interview, digital fingerprints would be taken.

It is advised to prepare for interview questions before the appointment. Get details of any of your U.S. residing acquaintances, be clear on the purpose of your stay, know the details of your employer and the nature of your work, etc.
### Review Fees Slabs

You need to pay certain fees while ongoing your visa application. Broadly, the following 3 kinds of fees need to be paid-

- **Application Fees:** Pay a non-refundable fee of $190 at the time of filling application, or before scheduling an interview. 
- **Issuance Fees:** You should also pay issuance fees after your application is approved. This differs from nationality to nationality. 
- **Fraud Prevention and Detection Fees:** This fee is required to keep you at a safer bay. Along with this, Border Security Act fee may also be required.

## The Next Step?

Applying for a work visa in the US is a meticulous process. Since each category is reserved for a different purpose and occupation, thus you are required to apply for a suitable one to your condition. 


If you’re unsure which US work visa works best for you, then you should immediately consult an immigration advisor. An immigration advisor or consultancy firm would not only recommend you the best work visa, but they would also prepare documentation, application forms, fees, and other requirements to make the process smooth for you. 

### Which Work Visa Will be Suitable for You?

We understand our clients’ current standings, which include qualifications, nationality, and purpose to recommend the best suitable one for them.  So consider a free consultation today to understand all the work visa tidbits and requirements in a clear manner.  
If you wish to know which visa works best for you, consider reaching out to our immigration advisor at [Grape Law](https://calendly.com/grapelaw).


Approximately 140,000 employment-based immigrant visas are issued to qualified candidates every fiscal year.

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Working in the US: A Guide to Employment Visa Options

The H-1B visa is a non-immigrant visa that allows foreign workers with specialized skills to work in the United States of America. Many H-1B visa holders seek permanent residency or a Green Card in the United States.   

In this article, we'll discuss **the process of transitioning from an H-1B visa to a green card.**  

## What is an H-1B Visa?
   
The H-1B visa is a non-immigrant visa for foreign workers in the fields of specialty occupations. The H-1B Visa is an opportunity for U.S. employers to hire qualified people from all around the world. The H1B visa is valid for up to three years. The visa can be extended for another three years.  

Specialty occupations require specialized knowledge and a bachelor's degree or higher in a specific field of study. In case of the absence of the degree, the work experience in the field of study is considered the equivalent of the required degree. For example, **if you don't have a four-year bachelor's degree in a specialty occupation, 12 years of work experience in the field will be accepted.**

To learn more about the H1B visa, its requirements, and the application process, read our blog ["H-1B Visa FAQ: Everything You Need to Know"](https://www.grapelaw.com/library/content/h-1-b-visa-faq-everything-you-need-to-know). You can also visit [our library](https://www.grapelaw.com/library) on our website to find out more about this visa.

## What is a Green Card?
   
A green card, otherwise known as a permanent resident card, is a document that allows foreign nationals to live and work in the United States permanently. It is issued by the U.S. Citizenship and Immigration Services (USCIS) and provides many of the same benefits as U.S. citizens, including **the ability to work and travel freely.**  

Our article ["What is a Green Card and How to Apply for It?"](https://www.grapelaw.com/library/content/what-is-a-green-card-and-how-to-apply-for-it) has all the answers to your questions about Green Card. 

## The Process of Transitioning from an H-1B Visa to a Green Card 
  
Before transitioning from an H-1B visa to a green card, it is essential to review the eligibility requirements.   
If you have an approved labor certification, your employer must file an [I-140 Petition for Alien Workers](https://www.uscis.gov/i-140) with U.S. Citizenship and Immigration Services (USCIS).   

Additionally, an individual must be able to demonstrate that they have the financial means and ability to support themselves throughout the application process without resorting to social assistance or sponsored maintenance.

 ![](/uploads/infografik_h1b_to_green_card_cc111eca81.png)   

Transitioning from an H-1B visa to a green card involves several steps. Here's a general overview:  

### Employer Sponsorship
 In most cases, the first step is to have an employer sponsor the H-1B visa holder for a green card. The employer must [file an Immigrant Petition for Alien Worker (Form I-140)](https://www.uscis.gov/forms/all-forms/petition-filing-and-processing-procedures-for-form-i-140-immigrant-petition-for-alien-workers) with the USCIS on behalf of the employee.  
 ### Labor Certification
 The employer must also obtain a labor certification from the U.S. Department of Labor (DOL).   
  The company that wants to hire a foreign worker should demonstrate that there is no fitting U.S. citizen candidate for the position for [the labor certification process](https://www.uscis.gov/policy-manual/volume-6-part-e-chapter-6). In addition, they are asked to prove to hire a foreign worker will not affect U.S. workers' wages and working conditions.  
### Adjustment of Status
 If the H-1B visa holder is living in the United States, they may be able to adjust their status to that of a permanent resident without leaving the country. The employer must file an application to Register Permanent Residence or Adjustment of Status (Form I-485) on behalf of the employee.  
### Consular Processing
 If the H-1B visa holder is outside the United States, they must go through consular processing to obtain a green card. This involves going to a U.S. embassy or consulate in their home country to complete the application process.  
### Visa Availability
 The final step is to wait for a visa to become available. Each year there is a limited number of green cards issued. And there are often long waiting periods for specific categories of applicants. The H-1B visa holder must wait for their priority date to become current before being granted a green card.  
### Attend an Interview
 After submitting your application, you may be asked to attend an interview with a USCIS Immigration Officer. The officer will ask questions about your qualifications and profile during the interview. Your answers should match the information submitted in your application form.  
### Medical Exam (If Necessary)
Additionally, depending on which visa type you are applying for, you may need to undergo a medical exam by a USCIS-approved doctor. The doctor will assess your health condition and ensure that any infectious diseases or situations do not prevent you from receiving permanent residence status in the U.S.  
### Await Notification of Approval or Denial of Permanent Residency Status
 After attending the interview and undergoing any necessary medical exams, your application will be sent to USCIS headquarters for review. Once your application has been processed, you will receive a notice of approval or denial.   

**If your application is approved**, you will be granted permanent residence status in the U.S. and can begin making plans for your future life in the U.S.   

**If it is denied**, you should consult with an immigration lawyer about potential appeals or further applications.  

Transitioning from an H-1B visa to a green card is a complex process that requires careful planning and the assistance of an experienced immigration attorney. In addition, the process involves employer sponsorship, labor certification, and adjustment of status or consular processing.   

The availability of visas is limited, and there are often long waiting periods. However, obtaining a green card provides many benefits and is vital for foreign workers who wish to make the U.S. their permanent home.  

## Using a Law Firm for H-1B Visa to Green Card Transition
   
Navigating the H-1B visa to the green card process can be challenging, especially for those unfamiliar with U.S. immigration laws and regulations. This is where a law firm like Grape Law can significantly assist.   

Grape Law provides comprehensive legal services to clients transitioning from an H-1B visa to a green card. Our experienced attorneys can guide clients through the process, from labor certification to visa availability. We meticulously follow the process of completing paperwork on time and correctly. With Grape Law's expertise, clients can have peace of mind knowing that their application is in good hands.   

[Contact us](https://www.grapelaw.com/contact) today to [schedule a consultation](https://calendly.com/grapelaw) and get started on your path to permanent residency in the United States.  
 
 

The H-1B visa is a non-immigrant visa that allows foreign workers with specialized skills to work in the United States of America. Many H-1B visa holders seek permanent residency or a Green Card in the United States. 

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The Transition from H1B Visa to a Green Card | Grape Law

The H1B non-immigrant work visa program is highly sought-after for foreign workers seeking to work in the United States. The H1B non-immigrant work visa allows foreign workers in specialty occupations to work in the U.S. for up to three years, with the option to extend for another three years.  

However, the H-1B non-immigrant work visa program is subject to an annual cap, which limits the number of visas available each fiscal year. The cap for the fiscal year 2023 is set at 85,000 visas, with 20,000 of these visas set aside for **exempt organizations, institutions of higher education, and related or affiliated non-profits.** 

In this article, we will explain **who qualifies for an H-1B cap exemption and how to apply for an H-1B visa as a cap-exempt worker.**  
 
## What is H-1B Cap-Exempt
 

This category applies to those seeking employment in an exempt organization, an institution of higher education, or a related or affiliated non-profit entity. For example, if the petitioner seeks an H-1B visa for a faculty position at a university or educational institute, they would be considered cap-exempt. Additionally, any positions under the tenure system at a university would also qualify for this exemption.  

**But what about workers who are exempt from the H-1B cap?**  

If you are a foreign worker who qualifies for an H-1B cap exemption, you may bypass the annual cap and receive an H-1B visa without waiting for the annual lottery. This can significantly reduce the time and uncertainty of obtaining an H-1B visa.  

## Who Qualifies for an H-1B Cap Exemption?
  
Several categories are exempt from the H-1B cap. These categories include:  

### Workers Employed at Cap-Exempt Institutions
  
If a cap-exempt institution employs you, you may be eligible for an H-1B cap exemption. Cap-exempt institutions include: 

- Universities, 
- Affiliated non-profit organizations, 
- Government research organizations, 
- Primary and secondary schools. 

This category of H-1B cap exemption provides an advantage for foreign workers who have received their education in the U.S. and who now seek to work in the U.S. in their field of study.  

## Workers Who Have Already Been Counted Against The H-1B Cap in The Past Six Years
  
If you have already received an H-1B visa in the past six years, you may be eligible for an H-1B cap exemption. This is because each time you receive an H-1B visa, you are counted against the annual cap.  

## Workers Who are Applying for a Concurrent H-1B Visa
  
If you currently work in the U.S. on an H-1B visa and are applying for a concurrent H-1B visa, you may be eligible for an H-1B cap exemption. This is because you are already counted against the annual cap.  

## How to Apply for an H-1B Visa as a Cap-Exempt Worker
  

 ![](/uploads/h1b_visa_cap_exempt_worker_691bd121c4.png) 

Applying for an H-1B non-immigrant work visa as a cap-exempt worker is similar to applying for an H-1B visa under the annual cap. However, there are a few key differences that you should be aware of.  

### Prepare Your H-1B Petition 

The first step in applying for an H-1B visa as a cap-exempt worker is to prepare your H-1B petition. This will include submitting the necessary forms and documentation to the U.S. Citizenship and Immigration Services (USCIS). Your employer or attorney will typically assist you with preparing the H-1B visa petition.   

The petitioner must provide proof of the organization's exempt status when filing this petition. The following documents should be included when submitting a petition:  

- Form I-129, Petition for Nonimmigrant Worker,  
- Official letter from school or employer verifying exempt status/tax exemption (for universities) or Exemption Number (for non-profits),  
- Supporting documents and evidence, including resumes and proof of credentials.
  
Additionally, employers must include additional documents for any foreign nationals exempt from the cap under a blanket petition.  

### Submit Your H-1B Petition 

Once you have prepared your H-1B petition, you will submit it to the USCIS. Therefore, ensuring that all forms and documentation are complete and accurate is significant, as any errors or omissions may delay or deny your H-1B visa application.  

### Provide Evidence of Your Cap Exemption 

When you submit your H-1B petition, you will also need to provide evidence of your cap exemption. This may include a letter from your employer confirming that you are employed by a cap-exempt institution or a copy of your previous H-1B visa if you are switching from another visa category.  

### Wait for a Decision 

Once you have submitted your H-1B petition and evidence of your cap exemption, you must wait for a decision from the USCIS. The processing time for H-1B visas varies, but it is typically several months. You can check the status of your H-1B visa application online.  

### Attend an H-1B Visa Interview (If required)  

You may be required to attend an H-1B visa interview. This is typically a brief meeting with a consular officer to verify your H-1B petition's information and confirm that you are eligible for an H-1B visa.  

### Receive Your H-1B Visa 

If your H-1B visa application is approved, you will receive your H-1B visa. This will allow you to enter the U.S. and start working in your specialty occupation.  
 
## Tips & Advice on Filing a Successful Application
  
It's crucial to understand the requirements of each H-1B Visa Cap Exemption to submit a successful petition. Here are some tips and advice for an outstanding petition: 

- Employers should submit relevant documentation, such as tax information and employment records, including job titles, duties, and salary rates.  
- Foreign nationals should provide evidence that details their qualifications and education.  
- Employers should complete all forms accurately to maximize the chance of approval.  

In conclusion, H-1B cap exemptions provide a significant advantage for foreign workers seeking to work in the U.S. By bypassing the annual cap, cap-exempt workers may obtain an H-1B visa more quickly and with less uncertainty.  

If you qualify for an H-1B cap exemption. In that case, it is essential to consult with an experienced immigration attorney who can assist you with the H-1B visa process.  

## Get Legal Consultancy from Grape Law
  
At Grape Law, our experienced immigration attorneys are dedicated to helping foreign workers navigate the complex H-1B non-immigrant work visa process. Whether you are a cap-exempt worker or subject to the annual cap, we can assist you with preparing and submitting your H-1B petition, attending an H-1B visa interview, and addressing any issues that may arise during the H-1B visa process. 

[Contact us](https://www.grapelaw.com/contact) today to [schedule a consultation](https://calendly.com/grapelaw) and learn more about how we can help you achieve your immigration goals.  
  
 
 

The H1B non-immigrant work visa program is highly sought-after for foreign workers seeking to work in the United States. The H1B non-immigrant work visa allows foreign workers in specialty occupations to work in the U.S. for up to three years, with the option to extend for another three years. 

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Understanding the H1B Cap Exemptions: Who Qualifies and How to Apply

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