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
Departmental Requirements
Nonimmigrant Category | F-1 Student (OPT) | H-1B Temporary Worker |
Eligibility | - Completing U.S. degree (12-month OPT)
- Currently on OPT (24-month extension)
- ISU position must be directly related to most current U.S. degree
| - Position must require at least a bachelor's degree in a specific field
- Minimum wage requirement as determined by U.S. Department of Labor
- Not eligible if Exchange Visitor subject to 212(e)
- Requires sponsorship by employer
|
Maximum Length of Stay | - 12 months
- Additional 24 months if STEM field degree
| - 72 months (but ISU limits postdocs to 5 years)
- Can request up to 36 months at a time
|
Estimated Time for Processing | - 90-120 days
- Eligible to continue working while STEM OPT application is pending
| - 4-6 months for initial H-1B
- Additional 4-6 weeks if need H-1B visa
|
Costs to Department | | - $750 ISSO Scholar Fee
- $460 Application Fee to DHS
- $500 Anti-Fraud 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: Add New Person (if not a former ISU student or scholar) and Other Visiting Scholar/Employee
- Other Forms: Export Control Worksheet
| - Request made through Cystart
- Cystart Forms: Add New Person (if not a former ISU student or scholar) and H-1B Employee Application
- Other Forms: Export Control Worksheet
|
Who is Involved? | - U.S. school from which student graduated
- USCIS
| - Hiring department
- ISSO
- DOL and USCIS
- U.S. Embassy if candidate is abroad
|
Departmental Requirements | - Report to ISSO when employment ends
- STEM OPT requires training plan
- STEM OPT requires monitoring of progress and reporting 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
- Cannot begin work until USCIS approves OPT
- No more than 90 days of unemployment during 12-month OPT
- Must work at least 20 hours per week
| - USCIS processing times can vary widely
- $1,210 cost for each extension
- Employer/job-specific
- H-1B transfers to ISU may work once ISU application filed
|
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
|