Dear Sophie: How can students work or launch a startup while maintaining their immigration status?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

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Dear Sophie,

I’m studying bioinformatics at a university in the U.S.

What options do I have to work before and after graduation on my student visa? Do any of these options allow me to launch my own startup?

— Wanting to Work

Dear Wanting,

I applaud your enthusiasm to get to work! The opportunity to work and get training in your field is one of the draws of studying in the U.S. Complex immigration rules and regulations for international students — not to mention processing delays and time limits — can make things challenging, but all you need is a little planning to overcome those challenges!

Your ability to work in your area of study — and for how long — depends on what type of student visa you hold:

• F-1 student visa.
• J-1 educational and cultural exchange visa.
• M-1 student visa.

F-1 offers the most flexible work options

The F-1 student visa offers the most options for working both before you graduate and after. Two types of training programs are available to most international students who hold an F-1 visa, making them eligible to work in their field of study:

• Curricular Practical Training (CPT) is available to students at some colleges and universities.
• Optional Practical Training (OPT) is available either before or after graduation.
• STEM OPT is a 24-month extension of OPT available to students who graduated with a STEM degree designated by the U.S. Department of Homeland Security.

Working under CPT

If CPT is available at a university or college, then students on F-1 visas are eligible if they have been enrolled full time for at least one academic year and have not yet graduated. Some graduate programs allow or even require students to apply for CPT at the very beginning of their program.

Students can get a job offer from a company or start their own company, but they must get approval for CPT from the Designated School Official (DSO) at their university or college. The DSO will reqiuire some Information about the job to decide whether it qualifies for CPT, including:

• The position.
• Duties.
• Wages.
• Time commitment.

If authorized, the student will receive an updated Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status).

Keep in mind that one year of full-time CPT (more than 20 hours of work per week) will make a student ineligible for OPT. However, part-time CPT (20 hours per week or less) will not impact a student’s eligibility for OPT.

Working under OPT

Like CPT, OPT is limited to 12 months. Students are eligible for 12 months of OPT either before they graduate, which is called pre-completion OPT, or after they graduate, which is called post-completion OPT.

Most F-1 students choose to start OPT after they graduate so they can work full time. Students who go for pre-completion OPT can only work part time when school is in session, and every two months of part-time OPT during school will reduce by one month the time of OPT they will have left after they graduate.

If an F-1 student wants to work while taking courses, I recommend considering pursuing CPT at their university and working part time to conserve post-completion OPT.

Under OPT, F-1 students can either work for a company or their own startup. Unlike CPT, the student must apply for a work permit by:

1. Getting the DSO’s authorization for OPT, including the DSO’s signature on Form I-20.
2. Submitting to U.S. Citizenship and Immigration Services (USCIS) within 30 days of the DSO’s endorsement: The signed Form I-20; a filled out Form I-765 (Application for Employment Authorization Document); and the filing fee.

For post-completion OPT, Form I-765 can be filed as early as 90 days before the student graduates, but no later than 60 days after graduation. I recommend applying for employment authorization as soon as possible since USCIS is still working through its backlogs.

F-1 students or graduates can begin working with their OPT once they receive the work authorization card from USCIS. The application is now available digitally.

Extending OPT

Students or graduates on OPT can qualify for a 24-month extension if they have a STEM degree. They can continue working for the company they started at under OPT or move to a different job.

The requirements for STEM OPT are different from OPT, including:

• The company you work for must be enrolled and remain in good standing in the federal government’s E-Verify program.
• The employer must provide a formal training program in the student or graduate’s field of study.
• Offer a position that is commensurate with other U.S. workers in duties, hours and compensation.

STEM OPT also requires a new work permit. You must submit Form I-765 as well as an updated Form I-20 signed by the DSO.

Working as a J-1 student

The Responsible Officer (RO) of the program that sponsored a student’s J-1 visa can authorize them to work before or after graduation. Unlike OPT and STEM OPT, J-1 graduates who received academic training authorization do not apply to USCIS for an EAD card. An official letter from the RO and evidence of valid J-1 status enable graduates to work for up to 18 months or 36 months if they recently completed STEM-related studies or for postdoctoral training.

J-1 students can be employed a maximum of 20 hours per week by both on-campus and off-campus employers during the academic year. They can work full time (more than 20 hours per week) during summer, official breaks and after graduation.

While J-1 students can brainstorm and set up their own companies, they cannot work for their own companies without approval from their program’s RO.

Practical training for M-1 students

International students with an M-1 visa are eligible for practical training in their field in the U.S. if that training is unavailable in their home country.

The practical training period equals one month for every four months of full-time coursework completed — you get a maximum of six months. During that time, M-1 students must work at least 20 hours per week.

The practical training must start after the student graduates, but students can apply for work authorization up to 90 days before their program end date, but no more than 60 days before they graduate or 30 days after they graduate.

M-1 students must file for an extension of M-1 status at least 60 days beyond the period they are allowed to work so they do not fall out of status during the time they are employed. They must apply for a work permit by submitting form I-765 and the DSO’s approval to USCIS.

Plan ahead!

Employers can register F-1 students each year they are on CPT, OPT and STEM OPT in the annual H-1B lottery in March. Employers can also sponsor the individuals for a cap-exempt H-1B visa if they are not selected in the lottery.

You’ve got this!

— Sophie

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