On July 20, 2021, the U.S. Immigration Service announced a new policy for the adjustment of F-1 student status in the United States, that is, during the first application for change of status (COS) (from other non-immigrant status to F-1 student status), there is no need to apply for change or extension of their original non-immigrant status.
According to the previous policy, applicants must maintain their legal status in the United States within the first 30 days of the start date listed on the I-20 (Non-Immigrant Student Qualification Certificate). Therefore, in the past, in order to ensure that there is no "Status Gap" in the process of converting to an F-1 student status, applicants must submit an additional status extension application or change their status before extension.
Now, in order to prevent "gap" in status, the New Policy of the USCIS has set the approval date of Form I-539 (application for extension/change of non-immigrant status) as the effective date of F-1 student status. If the approval date is more than 30 days before the start date on the I-20, then the student must ensure that the F-1 status requirement is not violated during this period, such as working part-time during this period (including campus employment) and so on.
The New Policy will reduce the workload and costs of applicants and immigration authorities. The USCIS is revising the I-539 instructions to accommodate these changes.
For more information, please refer to the USCIS’s policy change notice:
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210720-StudentsChangeOfStatus.pdf
How should an international student holding an F-1 visa stay in the U.S.?
After graduation, there are a large number of students who hold study visas (F-1) who hope to stay in the United States. They will apply for an internship program that can legally stay in the United States for at least one year before graduation, namely OPT (Optional Practical Training). However, whether they can continue to stay in the United States has become a distressing question for many international students.
Some students successfully found a job after OPT, and applied for H1B (ie work visa). However, when applying for a work visa, it takes a lot of manpower and financial resources. Not every company is willing. It also indirectly leads to fewer and fewer companies recruiting OPT job seekers. Even if they are willing to apply for work permits for the students, they will propose to be far below the level of local fresh graduates in terms of salary and treatment.
However, if you can obtain the green card status before graduation, the situation will be completely different. From the internship during the study period to the employment after graduation, it will have a huge positive impact.
During the university internship, having a green card status is allowed to intern in an off-campus company. Not only can you gain real work experience, but also have a higher salary, and it can also lay a solid foundation for employment after graduation; and students after graduation can also apply for jobs freely, with the same opportunities as local graduates, the same salary, and peace of mind to plan and carry out a new stage of life.
For students studying in the U.S., in addition to the above-mentioned work permit application and immigration application, there are two common situations when applying for U.S. immigration status:
1. Parents apply for immigration to the United States, and students obtain status as subsidiary applicants
2. After graduation, return to work in China, and if the work experience requirements are met, be the main applicant and submit EB-2 or EB-3 immigration
So if you or your child have a plan to study in the United States, you may wish to contact us immediately and let our American professional team develop an exclusive immigration plan for you.
