1. The Start: From F-1 to OPT
After graduating in a STEM field in 2019, I was fortunate to find employment right away. With OPT (Optional Practical Training) providing work authorization for up to 12 months (and up to 36 months for STEM students), OPT allows F-1 students to gain hands-on experience in their field. According to recent data, the OPT approval rate sits at 97.5% for all applicants, making it one of the more reliable steps for international students to start their careers in the U.S.
OPT Trends from 2017 to 2022
Data from USCIS shows a consistent decline in OPT applications from 2017 to 2021, possibly due to increasing restrictions on international students or uncertainties around H-1B visas. However, the strong approval rate suggests that OPT remains a stable initial step for international graduates to gain valuable U.S. work experience. With proper documentation and timely submission of application materials, students have a high chance of receiving OPT approval.
Key Takeaway: OPT allows international students to work in the U.S. temporarily, but they must prepare for the transition to H-1B to maintain their long-term career goals in the U.S.
2. The Challenge of the H-1B Lottery
My next step was the H-1B lottery, but it proved much more challenging. While my company provided H-1B sponsorship, the lottery format presents a significant hurdle. In 2020, the switch to an online application process made the H-1B lottery more accessible but also increased the number of applicants substantially, leading to what some describe as "H-1B abuse" due to the low application fee.
H-1B Lottery Data and Approval Trends
The increase in H-1B applicants is reflected in the USCIS data, showing an escalation from 236,000 applications in FY 2017 to a record-breaking 483,927 applications in FY 2023. With only 85,000 H-1B visas available each year (65,000 for general applicants and 20,000 for those with advanced U.S. degrees), the odds of winning have drastically decreased. For example, in FY 2022, the selection rate was around 42.7%, but in FY 2023, it dropped to 26.4%, indicating how competitive the lottery has become.
The lack of an assured pathway from OPT to H-1B, compounded by the growing applicant pool, creates a critical need for alternatives, especially for those whose OPT is set to expire. Without winning the H-1B lottery, many students face either leaving the U.S. or exploring alternative visa options, such as Day 1 CPT.
3. Exploring Day 1 CPT: A Lifeline for Career Continuity
When my OPT expired, I faced two choices: relocating or enrolling in a Day 1 CPT program. For students whose long-term goal is to stay in the U.S., Day 1 CPT universities offer a unique opportunity to continue working while studying.
What is Day 1 CPT?
Day 1 CPT allows international students to work from the first day of their academic program, providing immediate work authorization as an integral part of their curriculum. Unlike traditional CPT, which typically requires one year of study before off-campus work is allowed, Day 1 CPT programs integrate employment as a part of the academic structure, making it legal and compliant with F-1 visa regulations.
Advantages of Day 1 CPT
- Immediate Work Authorization: Students can begin working in their field as soon as their program starts.
- Additional Chances at H-1B Lottery: By enrolling in a master’s or doctoral program, students extend their H-1B eligibility, giving them multiple chances to enter the lottery.
- Option to Continue Building Work Experience: Day 1 CPT provides a seamless transition to professional experience, allowing students to advance in their careers while studying.
However, Day 1 CPT also requires careful adherence to regulations. F-1 visa holders must attend required on-site sessions, typically once per semester, to remain compliant with visa rules.
4. On-Site Requirements at Day 1 CPT Universities
Using Westcliff University as an example, students enrolled in Day 1 CPT can expect to attend on-campus sessions to fulfill the F-1 visa’s in-person requirement. Westcliff’s format includes structured sessions throughout the semester, with activities such as:
- Presentations and Workshops: In-depth seminars on relevant topics, often geared toward industry skills.
- Group Projects and Case Studies: Collaborative work sessions allow students to apply their knowledge practically.
- Networking and Industry Events: In-person attendance enables students to connect with peers and faculty, enriching their educational experience.
These in-person sessions at Day 1 CPT universities, though sometimes requiring travel, are a crucial component in maintaining visa compliance and gaining hands-on learning.
5. Transitioning from H-1B to Green Card: The Long-Term Goal
For many international students, securing an H-1B visa is only the first step toward obtaining a green card. However, transitioning from H-1B to green card status involves multiple steps, including the EB-2 or EB-3 employment-based immigration categories. Here’s an overview of the green card process:
Green Card Process for H-1B Holders
- PERM (Labor Certification): Most applicants need to go through this stage, where the Department of Labor verifies that there are no qualified U.S. workers for the job.
- I-140 Immigrant Petition: After PERM approval, the employer files an I-140 to establish the employee’s eligibility for the green card.
- I-485 Adjustment of Status: Once the priority date is current, the employee can apply to adjust status to permanent residency.
This multi-step process often requires patience, with wait times for EB-2 and EB-3 categories extending for several years due to backlog.
6. Alternative Visa Options Beyond Day 1 CPT and H-1B
When considering options to stay in the U.S., several visa types may be worth exploring beyond Day 1 CPT and H-1B:
- O-1 Visa: For individuals with extraordinary abilities, this visa bypasses the H-1B lottery entirely, though eligibility requirements are stringent.
- L-1 Visa: Available to employees transferred from an international branch of their company, this visa provides a pathway for those working in multinational corporations.
Each of these visas has its own benefits and limitations, but they may be suitable options for those facing H-1B challenges or seeking alternatives to the traditional OPT-H-1B path.
7. Data Insights: How Visa Policies Impact the Future of International Students
As the H-1B lottery becomes increasingly competitive, many international students are turning to Day 1 CPT universities as a strategic choice. Data from USCIS underscores the rising challenges with H-1B applications. The trend points toward a critical need for additional pathways, like Day 1 CPT, that support students in maintaining their career and educational goals in the U.S.
From 2017 to 2023, the demand for H-1B visas more than doubled, yet the annual quota remains capped at 85,000. USCIS data further reveals that while OPT remains highly accessible, transitioning from OPT to H-1B becomes progressively harder, emphasizing the role of alternative solutions such as Day 1 CPT programs in helping students maintain their U.S. residency.
8. Key Takeaways and Next Steps
Navigating the path from an F-1 visa to a green card is challenging but achievable. Here are key takeaways for international students:
- Consider Day 1 CPT as a bridge between OPT and H-1B: By enrolling in a Day 1 CPT program, students can continue gaining work experience and stay in the H-1B lottery while pursuing further studies.
- Understand on-site requirements: Make sure to attend all in-person sessions at Day 1 CPT universities, as these fulfill visa requirements.
- Explore alternative visas if needed: The O-1 or L-1 visas may offer unique opportunities for students with specific qualifications or corporate affiliations.
If you're facing challenges with your OPT or H-1B, reach out for a free consultation to learn more about Day 1 CPT universities and find a program that meets your career and academic needs. Taking proactive steps now can ensure you stay on track toward achieving your green card and long-term residency in the U.S.