Question:
Hello!
After the completion of PhD scholarship at USA, it’s allowed to stay there for a job and living there?
Answer:
Yes, it is possible to stay in the USA after completing a PhD to work and live, but this typically requires transitioning to a different visa status. Here are the most common options:
1. Optional Practical Training (OPT)
- What it is: OPT is a program that allows international students to work in the U.S. for up to 12 months (or 36 months for STEM fields) in a job directly related to their field of study.
- Eligibility: Available to students on an F-1 visa. You need to apply for OPT before your F-1 status expires.
- STEM Extension: PhD graduates in STEM (Science, Technology, Engineering, Mathematics) fields can apply for a 24-month extension of their OPT, giving a total of up to 36 months of work authorization.
2. H-1B Visa
- What it is: The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require specialized knowledge.
- Eligibility: You need to have a job offer from a U.S. employer willing to sponsor you. The job must be in your field of expertise and typically requires at least a bachelor's degree.
- Process: Your employer must file an H-1B petition on your behalf. There is an annual cap on the number of H-1B visas issued, so it is a competitive process.
3. O-1 Visa
- What it is: The O-1 visa is for individuals with extraordinary ability or achievement in their field, including in academia.
- Eligibility: Requires evidence of exceptional achievements, such as awards, publications, and recognition in your field.
- Process: You must have a job offer or contract from a U.S. employer or an agent, and they will need to file the visa petition on your behalf.
4. Permanent Residency (Green Card)
- Employment-Based Green Cards: There are several categories for employment-based green cards, including EB-1 (for individuals with extraordinary ability, outstanding professors/researchers), EB-2 (for those with advanced degrees), and EB-3 (for professionals).
- National Interest Waiver (NIW): For the EB-2 category, you may qualify for a National Interest Waiver, which allows you to self-petition for a green card if you can demonstrate that your work is in the national interest of the U.S.
- Employer Sponsorship: Many international PhD graduates stay in the U.S. by being sponsored for a green card by their employer.
5. J-1 Visa to H-1B Transition
- If on a J-1 Visa: Some PhD students might be on a J-1 visa. After completing their program, they may be subject to a two-year home residency requirement, which means they must return to their home country for two years before they can apply for an H-1B or permanent residency. However, there are waivers available for this requirement, and it’s possible to transition to an H-1B visa with an employer's sponsorship.
6. Entrepreneurship
- Start a Business: If you have entrepreneurial ambitions, you might explore visas like the E-2 (for investors) or consider options for starting a business and self-sponsoring through an H-1B or an O-1 visa.
Steps to Take:
- Plan Early: Begin exploring these options well before your PhD program ends.
- Consult with Your University: Many universities have international student offices that can provide guidance and support.
- Seek Legal Advice: Given the complexities of U.S. immigration law, it may be beneficial to consult with an immigration attorney, especially if you’re considering long-term residency.
By exploring these pathways and planning ahead, you can increase your chances of staying in the U.S. after your PhD to work and live.