OPT to Green Card GuideThe Optional Practical Training OPT to Green Card process provides a way for a foreign student to become a legal permanent resident of the United States. The OPT is issued to students with an F1 Visa that lets them work for a temporary period in the US. There are 3 kinds of OPT: first, pre-completion OPT; second, post-completion OPT; and third, STEM OPT. An OPT is valid for 12 months. You must leave the United States even if your OPT has not lapsed in these 2 situations: first, unable to find employment within 90 days of OPT approval; and second, OPT has expired. 

The Green Card (Permanent Resident Card) recognizes a person as a lawful permanent resident (LPR) of the United States. A green card application is required from individuals who wish to lawfully reside and work without restriction in the United States. The Green Card is good for a lifetime, unlike other temporary work visas that are only valid for a limited time. OPT allows visa holders to apply for a green card. You can seek US citizenship after being a green card holder for five years. You have 3 options to change from OPT to Green Card. These are: first, returning to school to obtain an advanced degree; second, changing visa status; and third, starting a business.

How to Apply from OPT to Green Card in the US?

An F-1 Visa holder can apply for a green card while on OPT. There are 3 approaches to transitioning from OPT to a Green Card while on OPT. These are: first, through employment; second through marriage; and third, through investment. The 3 approaches and their processes are listed below.

1. OPT to a Green Card through Employment

  1. Find an employer who is willing to sponsor you. The next steps are to be completed by your employer.
  2. Apply for a labor certification from the US Department of Labor. The filing of a labor certification demonstrates that the firm is not offering American jobs to foreign people.
  3. File Form I-140 (Immigrant Petition for Alien Workers). This is to determine if you, as a green card candidate, satisfy the job requirements. It is also the responsibility of the employer to demonstrate that they can pay you the appropriate salary for the employment.
  4. Submit Form I-485 (Adjustment of Status): This I-485 form is used to change the status of an applicant. This permits a change from F-1 OPT status. The applicant obtains a visa number and priority date following submission. You may wait for the process in hopes of obtaining a green card as long as the priority date falls within the OPT period. You may legally transfer from OPT to green card status with this form.

 2. OPT to a Green Card through Marriage

  1. File Form I-130 (Petition for Alien Relative): This form is to be filed by your spouse, who has a green card, with the United States Citizenship and Immigration Services (USCIS). The USCIS will give you a visa number. 
  2. Apply for a marriage green card: You can apply for a marriage green card upon receipt of your visa number from USCIS. 

There are cases when the F-1 Visa expires or the OPT period finishes before you get the visa number. In this case, you can file Form-485 to get a green card from OPT or F-1 Visa status. Our F1 OPT Guide here can explain in more detail the different statuses of an F1 student on OPT.

3. OPT to Green Card through Investment

As an F1 student on OPT you can get a Green card through one of the US investor visas. An EB-5 visa or E-2 visa can be sought depending on your country of birth and current citizenship.

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Can You Invest in an EB5 Visa while on OPT to Obtain a Green Card?

Yes, as an F1 student on OPT you can change your status to an EB5 Visa to get a Green Card. The EB-5 Visa is an immigrant visa that allows for permanent residence in the United States. Going from OPT to Green Card through EB-5 Visa requires a minimum investment in a U.S. business. The EB5 investment has to generate at least 10 full-time jobs for American citizens. Changing your status from OPT to EB-5 Visa does not require sponsorship from a family member or employer.

How Long Does It Take from OPT to Green Card?

The processing time of a green card from OPT will depend on the type of green card applied for and the location of the service center. The processing time for an employment-based green card from OPT can take 1 year for visas with low demand or 4-6 years for visas with high demand. 

The processing time for a family preference green card from OPT can take 1-10 years depending on the annual caps and wait time. 

How long is OPT Valid?

The OPT is valid for a maximum of 12 months. This remains the same regardless of whether the OPT is pre-completion or post-completion. Your OPT and visa will no longer be valid after 12 months. There are 2 circumstances where you will be required to leave the United States even without reaching the 12-months validity of your OPT visa. These 2 circumstances and their conditions are listed below.

  1. Unable to find employment within 90 days of your OPT approval. Your status will expire and you will be required to depart the United States
  2. Expired OPT Visa. You will have 60 days to leave the United States or find another option. You may be eligible for a change of status or an extension as an alternative if you meet the requirements.
  3. The OPT Visa can be extended for 24 months if your degree falls under the STEM fields. You can apply for a green card while on OPT within this period.

What Happens When the OPT Period Expires?

You have a grace period of 60 days once your OPT expires. This grace period gives you the time to settle your affairs before leaving the US, changing your visa status, or transferring your F-1 Visa status to another school or program. You are not allowed to stay beyond this period without transferring to a new school or program or applying for a change of status such as OPT to Green Card. This will cause you to accrue days of unlawful presence. 

There are 3 options to remain legally in the U.S. after your OPT expires. One of these must be processed before the expiration of your OPT. The 3 options are listed below.

  1. Return to school to obtain an advanced degree: Individuals who return to school to obtain an advanced degree (Master’s or Ph.D.) may be permitted to continue their F1 visa. 
  2. Change visa status to H1-B or J-1 Visa. Individuals with a Bachelor’s Degree or higher certification, and an employer willing to sponsor their petition may be able to apply for an H-1B visa. The H1-B Visa application must be submitted before the OPT expires. USCIS frequently grants J-1 visas to professors, researchers, and exchange students. The application must be supported by an academic institution, government agency, or commercial enterprise. The activity conducted must largely involve teaching, consulting, or specialized research.
  3. Commence a business. Individuals with the means to begin a startup may be eligible for permanent immigration visas, including those in the EB-5 category for petitioners with advanced degrees or specialized knowledge.

Can I Stay in the US While My OPT is Being Processed?

Yes, you can stay in the US while your OPT is being processed. It is recommended that you apply for OPT to the USCIS as soon as you are eligible. You can apply for post-completion OPT with USCIS up to 90 days before the end of your term of study and no later than 60 calendar days after the end date of your I-20 program. 

Can a Company Directly Sponsor for Green Card?

Yes, a US company can petition for a green card for foreign workers. The company needs to acquire labor certification to show that no American is available to fill in for the position they need. Form I-140 will then be filed for the foreign worker. Your OPT employer can sponsor your green card while on OPT.

Can I Leave My Employer After Getting a Green Card? 

Yes, you can leave your employer after getting a green card. There is no minimum length of time that you, as an employee, are required to work for the employer who sponsored your green card. However, there should be enough proof that you and your employer intended for you to work for them indefinitely during the approval of your green card. Changing employers immediately after getting your green card may cause you some problems.

Can I Work Without a Green Card?

Yes, you can work in the US without a green card provided you have an employment authorization document (EAD). This applies to you as a student transitioning from OPT to a Green Card. 

Can an Immigration Lawyer Help You with OPT to Green Card?

Yes, an immigration lawyer can help you with the transition from OPT to Green Card. The immigration attorney can discuss with you if the OPT to Green Card process is best for your immigration goals and circumstances. Your Immigration Lawyer (Attorney) will be able to advise and guide you through every step of getting a green card from OPT.

Is OPT a Green Card?

No, OPT is not a green card. An OPT is a temporary working arrangement for foreign students that is valid for 12 months. A green card is an identification document as a permanent resident of the United States that has lifetime validity.

The student is eligible for the STEM OPT Extension if he or she meets the 3 criteria, which are listed below.  

  • Received a degree included in the STEM Designated Degree Program List.
  • Hired by an employer enrolled in and used E-Verify.
  • Received a post-completion OPT authorization permit based on the same STEM degree that is the basis of their present employment.

Who Qualifies for OPT?

Optional Practical Training (OPT) provides an opportunity for F-1 Visa students to work temporarily in the U.S. Students who qualify for OPT can gain job experience in their chosen field of study. There are 4 requirements to qualify for OPT. The 4 requirements and their definitions are listed below.

  1. Enrolled full-time for one whole academic year at an accredited educational institution. The student must be enrolled in a U.S. educational institution for one year.
  2. Have a valid F-1 Visa. The student must be an F1 Visa holder at the time of your application.
  3. Apply for an OPT that is directly related to your degree. The student must apply for and attend practical training associated with his or her course of study.
  4. Does NOT have a criminal record while in the United States. The student was not arrested or convicted of any crime while living in the U.S.

What is OPT? 

The Optional Practical Training (OPT) is for F-1 Visa holders. It allows undergraduate or graduate students to temporarily work in the US. An F-1 Visa student who has been studying or has completed their studies for more than 9 months can apply for an OPT. The OPT applied for should be directly related to the student’s degree. The student can apply for a green card while on OPT to achieve permanent resident status.

What are the Types of OPT? 

The OPT period lasts for 12 months. For each degree earned, you can apply for a new OPT. There are 3 types of OPT. These are: first, the pre-completion OPT; second, the post-completion OPT; and third, the STEM OPT. The 3 types of OPT and their definitions are listed below.

  1. Pre-completion OPT is issued to a student with F-1 status. It allows the student to begin off-campus employment in their field of study before the completion date of the program.
  2. Post-completion OPT is a work benefit prospect to get off-campus job experience. It is requested after completion of a degree program. F-1 students are allowed a total of 12 months of OPT for each degree program.
  3. STEM OPT Extension is an interim training program for a period of 24 months. It is directly related to an F-1 student’s STEM degree program. The STEM OPT extension applies to students who have a degree in the Science, Technology, Engineering, and Mathematics (STEM) fields. This extension replaces the previous 17-month STEM OPT extension on May 10, 2016.

1. Pre-completion OPT

A pre-completion is available to an F-1 Visa student. The pre-completion OPT allows the student to work while completing his or her degree. A student must be enrolled full-time for one academic year to apply for a pre-completion OPT.  The pre-completion OPT has 4 arrangements or conditions, which are listed below.

  1. Work part-time: The student can work part-time (maximum of 20 hours per week) when school is in session. 
  2. Work full-time: The student can work full-time (more than 20 hours per week) when school is not in session.
  3. Can be paid or unpaid: The student can work for different employers as long as the mandated hours per week are followed. 
  4. Does not require the F-1 Visa to be for one full year: The student can apply for OPT as long as the enrolment condition is satisfied.

A student enrolled in school at the time they had another nonimmigrant status for a portion of an academic year can still apply for OPT. For example, a student begins on an F-1 visa during the academic year in which they intend to take part in OPT and receives a green card visa. They will be able to take part in their allotted OPT.

2. Post-completion OPT

The post-completion OPT is accessible to students after completing a degree at an accredited academic institution. The student’s post-completion OPT will be reduced if they do a pre-completion OPT. The pre-completion OPT time will be subtracted from the total allotment of 12 months for OPT. The post-completion OPT has 2 conditions, which are listed below.

  1. Work part-time or full-time. The student can opt to work part-time or full-time under the post-completion OPT. This can be unpaid or unpaid training. 
  2. Cannot incur more than 90 days of cumulative unemployment during the whole 12 months of OPT. The student must be employed for a minimum of 20 hours per week.

The OPT period remains the same if a student’s status changes from F-1 Visa to Green Card while on OPT.

3. STEM OPT Extension

The STEM OPT Extension allows for an additional 24 months of OPT for degree holders in the STEM field. This brings the student’s total OPT period to 36 months. This extension period can be used by the student to transition from OPT to green card status. There are 7 degrees that qualify for the STEM OPT Extension, which are listed below.

  1. Actuarial Sciences,
  2. Computer Science Applications
  3. Engineering Technologies
  4. Life Sciences
  5. Mathematics
  6. Military Technologies
  7. Physical Sciences

What is a Green Card?

The Green Card, or Permanent Resident Card, is a document that identifies a person as being a lawful permanent resident (LPR) of the United States. Immigrants who wish to legally stay and work without limitations in the US must apply for a green card. The Green Card has a lifetime validity as opposed to other temporary work visas that are only valid for a certain period of time. Student visa holders can apply for a green card through OPT. You can apply for US citizenship after the 5-year term of your green card.