On December 20, 2023 US Citizenship and Immigration Services (USCIS) released policy guidelines for international students. This is a historic policy reform that will have a significant effect on foreign students studying abroad in the US with an F-1 student visa.
These students will be allowed to apply directly for a visa under the Employment-based category for the first time ever. With this change, overseas students can now apply for US immigrant visas.
Know USCIS Policy Guidelines
- The nonimmigrant classification of F & M students
- USCIS’s role in evaluating petitions for work permits
- Three things can happen to students studying in the US: their status can be changed, their stay can be extended, and their status can be restored for both themselves and their dependents.
USCIS News Release stated “Promoted clarity to U.S. educational institutions and international students on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment”.
Here Are The General Guidelines
International students in the US on a F or M visa are required by the new guidelines to have a foreign accommodation that they plan to maintain. These students must, however, be the recipients of either (1) a petition for an immigrant visa or (2) an application for permanent labor certification. After their brief stay, they must still be able to demonstrate their intention to depart the US.
The USCIS advice also outlines the manner in which F students seeking OPT (optional practical training) in STEM fields (science, technology, engineering, and mathematics) may find employment with US startup enterprises. For their startup to hire holders of F student visas, their US employer must meet a few of requirements.
The declaration marks a significant ruling that permits holders of F-1 student visas to work in the US for fledgling businesses. This is a positive move that will help Indian students studying in the US.
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