Important Updates
Important Updates
October 21, 2025 | SingaporeSingapore: Permanent Residents Will Need to Apply for a Re-Entry Permit to Maintain Permanent Residence Status
October 21, 2025 | DenmarkDenmark: New Online System for Foreign Service Providers’ Requirements Forthcoming
October 21, 2025 | United KingdomFragomen Contributes to Migration Observatory Report on Gender and Migration in the UK
October 21, 2025 | GeorgiaGeorgia: Authorities Request Police Clearances on Ad Hoc Basis 
October 21, 2025 | HungaryHungary: Easier Process for Study/Research Residence Permit Holders to Convert to EU Blue Card
October 21, 2025 | SingaporeSingapore: Permanent Residents Will Need to Apply for a Re-Entry Permit to Maintain Permanent Residence Status
October 21, 2025 | DenmarkDenmark: New Online System for Foreign Service Providers’ Requirements Forthcoming
October 21, 2025 | United KingdomFragomen Contributes to Migration Observatory Report on Gender and Migration in the UK
October 21, 2025 | GeorgiaGeorgia: Authorities Request Police Clearances on Ad Hoc Basis 
October 21, 2025 | HungaryHungary: Easier Process for Study/Research Residence Permit Holders to Convert to EU Blue Card
October 21, 2025 | SingaporeSingapore: Permanent Residents Will Need to Apply for a Re-Entry Permit to Maintain Permanent Residence Status
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Employment Visa Options for Graduating Students

June 10, 2016

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Congratulations to the 2016 graduates! As we are in the midst of the summer vacation months, a prevalent question that may arise for foreign nationals currently studying in the U.S. on F-1 student visas, are the types of visa options that will enable them to remain and work in the U.S. now that their studies have completed. Relevant non-immigrant (temporary) options that may be available to assist graduating students as they plan ahead follows:

F-1 Optional Practical Training

Most F-1 student visa holders are entitled up to 12 months of full-time Optional Practical Training (“OPT”) at each degree level. The OPT essentially permits the student to engage in employment in a field that is  related to his/her course of study. Under new rules that were recently implemented, students who graduate with a qualified Science, Technology, Engineering, or Mathematics (“STEM”) degree may now qualify to apply for an additional 24-month STEM extension of their post-completion OPT.

The OPT option is perhaps the most widely utilized avenue to employment for F-1 students. However, the period of employment that a student is permitted under OPT is of limited duration, so many seek other alternatives that will permit them to continue working in the U.S. once their OPT period concludes.

H-1B Visa – Specialty Occupation

The H-1B visa is available to companies to sponsor individuals employed in a  “specialty occupation “ – a position that requires the possession of least a U.S. Bachelor’s degree (or foreign equivalent) in a field related to the position. The H1B visa is subject to an annual cap of 65,000 regular cases and an additional 20,000 available to individuals that have graduated with an advanced degree (master’s or higher) from a U.S. educational institution.

Due to the high demand of applicants the last few years, a random lottery has been conducted to determine which of the cases filed would be selected for adjudication. As an example of the demand this 2017 FY, the U.S. Citizenship and Immigration Services (“USCIS”) confirmed that it received over 236,000 H-1B cap petitions! Moreover, individuals of Australian, Singaporean, or Chilean nationality may also qualify for free trade visas (E-3 or H-1B1) that have very similar requirements to the H-1B visa, but have not been subject to the lottery system of selection.

TN Visa – North American Free Trade (“NAFTA”) Professional Workers

The TN visa may also be an attractive option for Mexican or Canadian nationals whose profession is designated on the NAFTA list. The applicant must also meet the requisite requirements, education, and/or experience of the profession and demonstrate home ties abroad. Unlike the H-1B, the TN is not subject to the lottery system.

E-2 Visa – Treaty Investor

For the more entrepreneurial-spirited individuals who have the capital to invest into and operate a business in the U.S., the E-2 treaty investor may also be a viable option. The E-2 classification permits a national of a treaty country to work in the U.S. by investing a lawfully obtained and substantial amount of capital into a U.S. enterprise. Examples of types of business that E-2 applicants have invested into and operate include franchises, restaurants, and countless other business ventures. Nationals of a treaty country can also seek employment with a U.S. company at least 50% owned by nationals of that same country. There is also an E-1 visa available to treaty traders as well

O-1 Visa – Extraordinary Ability

To qualify for an O-1, the applicant must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, or have a demonstrated record of extraordinary achievement in the motion picture or television industry. While the O-1 visa category is reserved for those who are at the top of their field of endeavor, it is not only exclusively limited to Hollywood celebrities or professional athletes . Instead, individuals with a graduate degree after having had a few years of demonstrated achievements may potentially qualify as well.

L-1 Visa – Intracompany Transferee

The L-1 visa is available to certain employees who have worked for a parent, branch, subsidiary or other affiliates of the U.S. employer outside of the U.S. for at least one full year out of the last three in an executive or managerial (L-1A) or specialized knowledge (L-1B) capacity. Because the L-1 requires one full year of employment outside of the U.S., this may not be an immediate option for recent graduates. However, if they do find a job overseas that has a qualifying corporate office in the U.S., the L-1 is something to consider after the 1 year of employment is fulfilled.

Graduation is certainly an exciting time for many. With careful planning and an understanding of the different visa options that may be available, many students may discover that there are options that will permit them to work in the U.S. upon graduation.

Have questions? Please feel free to Katie Wu at [email protected] or (949) 862-9461.

 

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.