The number of Indian students choosing to Study in the USA as their campus destination for higher education has significantly increased during the last several years. As per a recent revelation by the US mission in India, a record 82,000 US Student Visas were issued in 2022, more than any other country.
Over the past few years, the number of Indian students enrolled in Optional Practical Training (OPT) has increased significantly, along with the number of Indian students attending US colleges and universities. OPT gives Indian students the chance to work in the US after completing their graduation.
In November 2020, 81,173 Indian students were registered in the OPT programme in the US, as reported by the Open Doors survey, which analyses statistics on international students. However, as thousands of jobs are being lost across the US, Indian students who began working there during their OPT time or who received H-1B work visas from businesses after their OPT period expired are currently confronting hardships.
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Temporary employment with a clear nexus to the applicant's primary field of study is known as OPT. Students with F-1 visas who complete their education in the US are eligible to apply for OPT without needing a job offer. The applicant may hold multiple job roles for different companies, but each position must be associated with the degree programme they have completed. A minimum of 20 hours per week must be maintained.
For Indian students who have graduated from US institutions and may have just experienced a job loss, Emily Neumann, a managing partner at law firm Reddy & Neumann, one of Houston's leading immigration law companies entirely focused on US employment-based immigration, has shared some encouraging news.
The majority of the time, she explains, losing a job does not necessitate ending one's immigration voyage to the US. Even if someone has to migrate outside of the country as a result of losing their job, she added, it's usually only a temporary problem.
In fact, she claims that even if they inevitably have to leave the country, many recent F-1 to H-1B converts would not need to go through the lottery process again. A new employer may submit a fresh H-1B petition that is not "subject to the cap" and receive authorisation for consular processing to reclaim any time that has passed toward the H-1B visa's six-year maximum. After this new petition is approved, if the person already has a valid visa stamp from the previous employer, they can utilise it to come back to the US to work for the new employer, she said.
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Significantly, to vie for the 65,000 available slots, H-1B visa petitions are subject to a quota and must be submitted during the first five days of April. Another 20,000 visa applications are chosen in a lottery reserved for US university graduates with master's degrees or above after the United States Citizenship and Immigration Services (USCIS) fills the 65,000 cap-subject seats.
Neumann advises Indian students on OPT who are apprehensive about their current employment to consider other options before making travel plans outside of the country. During the initial 12-month OPT period, a variety of jobs are permitted as long as they are associated with the student's discipline of study. For example, it might be easier for a student with an F-1 visa to look for various Part-Time Job Options in the USA for International Students or unpaid training. She adds that temporary jobs, contract labour, and even self-employment are all legitimate.
Students intermittently launch their own companies in their industry or do part-time work for a professor while on OPT. In contrast, Neumann issues a disclaimer regarding the employment legislation for students partaking in the OPT STEM Education (Science, Technology, Engineering, and Mathematics) extension time frame, which is permitted for an extended two years. The employer must supervise the employee during this time, the employee must use E-Verify, and all required training must be performed. She advises students to be wary of fraudulent employers who provide a job with an offer letter but still no work performed.
Students might also take into account furthering their education. Holders of F-1 visas are given 'duration of status',which entitles them to remain in the US so long as the student's I-20 Form is authentic and up to date.
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This makes it simpler for students to switch majors or universities and might enable a student who loses their employment during their OPT to go back to school to finish their degree. However, Neumann cautions that students should be vigilant when selecting a course and university and be sceptical of institutions that have lax admissions standards yet promise students speedy or immediate employment through in-class practical training.
Another obstacle is the protracted wait times for H-1B visa processing at the US Embassy and consulates in India. As long as the OPT has not expired and the student is abiding by the terms and conditions of the study visa, students on OPT who have not asked to change their status to H-1B may stay in the US while they wait for a visa slot.
While awaiting a US visa appointment, Indian students are also permitted to stay in the country on their existing status. They can think about requesting their company to submit a change of status in place of the visa application process, she recommended.
At Indian consulates, appointment wait times might still be two to four months even though they are getting slimmer. People who are in the US in another statusincluding student visa holdersat the time the H-1B petition is filed are usually entitled to a change of status, meaning they do not need to apply for a new visa at a consulate unless they plan to relocate.
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A for-profit company must go through the lottery procedure for individuals who have never previously had H-1B status or an H-1B visa. However, if the employer is a university (or other related non-profit entity), a government research organisation, or a non-profit research organisation, they may be cap-exempt, which means they are not required to submit a petition during the lottery and may sponsor an employee for the H-1B category at any time of the given calendar year.
People who are contemplating working for a cap-exempt employer to avoid the H-1B lottery procedure should be aware that if they eventually want to work for a for-profit organisation, they will have to go through the lottery. Nevertheless, Neumann highlighted that a petition for concurrent employment allows one to work for both a cap-exempt and a cap-subject firm concurrently without having to enter a lottery.
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Source: The Times of India
