Keys:

DHS = U.S. Department of Homeland Security: Overarching U.S. government agency under which USCIS falls

DOL = U.S. Department of Labor, determines prevailing wage, certifies labor certification applications

USCIS = U.S. Citizenship and Immigration Services: Adjudicates immigration applications such as H-1B and F-1 OPT

 

Nonimmigrant Category

F-1 Student (OPT)

H-1B Temporary Worker

Eligibility
  • Currently on OPT (24-month extension)
  • ISU position must be directly related to most current U.S. degree
  • Major for most current U.S. degree must be on USCIS' STEM List
  • Position must require at least a bachelor's degree in a specific field
  • Minimum wage requirement as determined by U.S. Department of Labor
  • Requires sponsorship by employer

Maximum Length of Stay
  • 24 months if STEM field degree
  • 36 months
  • Can request up to 36 months at a time

Estimated Time for Processing
  • 90-120 days
  • 4-6 months

Costs to Department
  • $0
  • $750 ISSO Scholar Fee
  • $460 Application Fee to DHS
  • $2,805 Premium Processing Fee to DHS (optional for 15-working day USCIS expedited processing)

Departmental Request
  • No request made
  • Cystart Forms: None
  • Other Forms: Export Control Worksheet
  • Request made through Cystart
  • Cystart Forms: H-1B Employee Extensionn
  • Other Forms: Export Control Worksheet

Who is Involved?
  • U.S. school from which student graduated
  • USCIS
  • Hiring department
  • ISSO
  • DOL and USCIS

Departmental Requirements
  • Report to ISSO when employment ends
  • STEM OPT requires completion of training plan
  • STEM OPT requires employer to monitor progress and report of changes to training plan
  • STEM OPT requires self-evaluations which employer approves
  • Report to ISSO when employment ends or before change in position
  • Offer paid return transportation to home country of employee if employer terminates job prior to end of approved H-1B status
  • Monitor work hours for employment less than 40 hours per week
  • Meet DOL prevailing wage requirement

Notes
  • Position must be related to degree
  • Eligible to continue working while STEM OPT application is pending
  • No more than 120 days of unemployment during 24-month OPT
  • Must work at least 20 hours per week
  • Employer/job-specific

Dependents (child under age 21, spouse)
  • Not eligible for work
  • May study part time
  • May study full time if avocational only
  • Not eligible to work
  • May study part time or full time