US (Washington Insider Magazine) — The U.S. Citizenship and Immigration Services (USCIS) has issued new guidance for international students on F-1 visas, marking a historic change. For the first time, these students can directly apply for immigrant visas under the Employment-Based (EB) category, opening up new possibilities for their careers in the United States.
F-1 Visa Students Now Eligible for Immigrant Visas
According to the USCIS, F-1 visa students may now become beneficiaries of permanent labor certification applications or immigrant visa petitions while still demonstrating an intent to depart after a temporary stay. This change provides F-1 students greater flexibility, allowing them to plan their career paths with more stability and broader options.
Policy Expansion for STEM Graduates Working with Startups
USCIS’s policy revision also creates opportunities for F-1 students who have completed degrees in STEM fields. These graduates are now able to use their 36-month Optional Practical Training (OPT) period to work for early-stage startups, provided the startups follow training plan requirements, maintain E-Verify compliance, and offer fair compensation comparable to that provided to U.S. workers in similar roles.
Distinctions Between F-1 and M-1 Visa Students
- F-1 Visa: This visa is designated for international students attending accredited academic institutions such as universities, high schools, and language training programs in the U.S. F-1 students are permitted to work within certain limits and may now apply for immigrant visas under the new guidance.
- M-1 Visa: M-1 visa holders, in contrast, attend vocational or non-academic training programs. These students face tighter work restrictions and are typically admitted for the duration of their program, with limited employment options.
Enhanced Clarity in Policy for F and M Student Visas
The updated USCIS guidance addresses the employment authorization process, procedures for status changes, and requirements for extensions and reinstatements. This policy update reflects USCIS’s effort to support international students, particularly those with a STEM background, in their U.S. educational and professional pursuits.
This landmark update aims to balance workforce needs with immigration policies, enhancing both career growth for international students and contributions to the U.S. startup ecosystem.
