New US Policy Benefits International Students Seeking Immigrant Visas

In a groundbreaking policy update, the U.S. Citizenship and Immigration Services (USCIS) has introduced significant changes that impact international students in the U.S. on F visas. The latest update allows F-1 visa students to directly apply for immigrant visas under the Employment-Based (EB) category, marking a historic shift in policy.

F Students Eligible for Immigrant Visas:

The USCIS release outlines that F-1 visa students can now be beneficiaries of permanent labor certification applications or immigrant visa petitions. Importantly, they may still demonstrate their intention to depart after a temporary period of stay.

Comprehensive Policy Guidance:

The USCIS has provided comprehensive policy guidance for F and M student nonimmigrant classifications. This guidance aims to clarify procedures and requirements related to employment authorization, status changes, extensions, and reinstatements for these students and their dependents in the U.S.

Expanded Opportunities for STEM Graduates:

The policy revision also expands opportunities for students who have completed STEM degrees in the U.S. These graduates can now leverage their 36 months of Optional Practical Training (OPT) to work at early-stage startups. However, certain conditions must be met, including adherence to training plan requirements, good standing with E-Verify, and providing fair compensation.

Defining F-1 and M-1 Visa Students:

• F-1 Visa Students: This classification is for students planning academic studies in the U.S. at accredited institutions, including colleges, universities, and more.
• M-1 Visa Students: Designated for those pursuing vocational or non-academic studies, M-1 visa holders have fixed admission periods and more stringent work restrictions compared to F-1 students.

These policy changes open up new possibilities for international students in the U.S., providing avenues for immigrant visa applications and expanded work opportunities, especially for STEM graduates in the startup sector.