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STUDENTS · F-1 · OPT · PLANNING AHEAD
Stay, work, and build your future here. Without the lottery.
For F-1 and OPT students, and families planning ahead, who want a secure path that does not depend on winning the H-1B.
The student path to staying in the U.S. has narrowed. F-1 keeps you here only while you are enrolled, OPT allows 12 months of work after graduation, and a STEM degree can add up to 24 more. After that, most students depend on the H-1B lottery, where recent odds have run roughly 20 to 25 percent across categories. Students who complete OPT without another status must return home or risk unlawful presence. EB-5 offers a different starting point: an investment-based path to a green card that does not require an employer, a sponsor, or a lottery.
You do not have to win the H-1B first
USCIS has been clear on this point. An F-1 student on OPT does not need to obtain H-1B status before an immigrant petition is filed on their behalf. A student may be the beneficiary of an immigrant visa petition as long as they maintain a foreign residence they do not intend to abandon and demonstrate intent to depart after a temporary period of stay. When a visa number is available, filing adjustment of status on time can also prevent the accrual of unlawful presence as OPT ends.
Planning ahead for a younger student
Families often begin before a child reaches college, because the earlier a petition is filed, the more options stay open. Only unmarried children under 21 can be included in a parent’s petition, and children who turn 21 before filing are no longer eligible as dependents. The Child Status Protection Act can, in certain cases, protect a child against aging out while the case is pending. That protection generally applies only if the I-526E petition was filed before the child turned 21, so attorneys recommend filing well ahead of that point.
What EB-5 gives a student
- Work authorization that is not bound by OPT limits or employer sponsorship once adjustment is filed.
- Freedom to change jobs, intern, or start something of your own, without the restrictions tied to OPT.
- Access to in-state tuition rates and scholarships offered to U.S. residents.
- Spouse and unmarried children under 21 included, with eligibility for citizenship after five years.
This page is educational and is not individual immigration or legal advice. Child status and timing rules are nuanced and depend on each case. Please consult qualified immigration counsel before relying on any timing strategy.