EB2 green card process can begin while on OPT, experts say

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Key Takeaways

• Employers can start EB2 green card process for OPT holders; timing is critical, especially without STEM extension.
• Approved I-140 does not bypass H-1B lottery but can help extend H-1B status if green card is delayed.
• Most OPT students qualify for EB2 if jobs require an advanced degree; maintaining valid status during process is essential.

This FAQ is designed to answer common questions about starting the EB2 green card process while on OPT, the role of Form I-140, and the connection between green card applications and the H-1B status. It explains the steps, requirements, and important timelines that international students and recent graduates often ask about. The answers are based on current laws and processes, using clear and simple language for easier understanding.

EB2 green card process can begin while on OPT, experts say

Most Popular Questions

Can my employer start an EB2 green card process for me while I am on OPT?

Yes, your employer can start an EB2 green card process for you even if you are currently on OPT (Optional Practical Training). OPT is a temporary work authorization for F-1 students in the United States 🇺🇸 after finishing their studies. You do not have to wait until your OPT ends to begin the EB2 process.

What steps are involved in the EB2 process while on OPT?

1. PERM Labor Certification:
– Your employer starts by requesting a PERM labor certification from the Department of Labor.
– This part is to show there are no qualified U.S. workers for your job.
– It usually takes about 6 months for the company to prepare, and around 158 days (about 5 months) for the government to process the request.
– The whole PERM step can take up to a year.

Filing Form I-140:
- Once PERM is approved, your employer must file Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
- Your employer has 180 days (about 6 months) to complete this step after the PERM is approved.
- You can find the official Form I-140 here.

These steps begin and mostly happen while you are still on OPT, so timing is important, especially if you only have the standard 12 months of OPT.

Is it better to start the EB2 process if I have the STEM OPT extension?

Yes, starting the EB2 process while you have the 24-month STEM OPT extension is often a good plan.
– The extra 24 months give your employer and you more time to complete the process.
– Most employers find it easier to finish both the PERM and I-140 steps within this longer period.

If you do not have the STEM extension and only 12 months of OPT, your employer must act quickly to avoid gaps in your work authorization.

How long does it take to complete the EB2 green card steps?

The PERM Labor Certification might take almost a year (6 months preparatory work by your employer and around 5 months government processing).
The I-140 petition can then be filed in less than 6 months after PERM approval.
If your employer works quickly, it is possible to finish these steps within one year, especially if you have just started your OPT.

Note: Processing times can change, so it is always helpful to check current timelines on the USCIS website.

What does Form I-140 mean in the EB2 green card process?

Form I-140 is the step where your employer tells the United States 🇺🇸 government they want to sponsor you for a green card.
– It is an official petition filed with U.S. Citizenship and Immigration Services (USCIS).
– Approval means you have met the job and education requirements for the green card category your employer picked for you.
– It does not mean you are a permanent resident yet, but it is a very important stage.

Can I move from OPT to H-1B using an approved I-140 without the lottery?

No, having an approved I-140 does not let you skip the H-1B lottery.
You must still enter and be selected in the H-1B lottery if your employer wants to get you an H-1B visa and is not a cap-exempt employer (like most universities or some research organizations).

Why can’t I skip the H-1B lottery with an approved I-140?

The H-1B visa has an annual cap—a set number of visa slots each year.
– The lottery decides who gets those slots when the number of applications is higher than available spots.
– The rules currently say that almost everyone must go through this process for their first H-1B.

An approved I-140 only helps with extending H-1B status after you have already received and held H-1B status, and only if your green card process is still waiting due to visa number delays.

What H-1B benefits does having an approved I-140 provide?

If your green card process is still pending and your “priority date” (the date when your PERM or I-140 was first filed) is not yet current, you can extend your H-1B status in 3-year increments.
If either your PERM or your I-140 has been pending for more than 365 days, you can extend your H-1B in 1-year increments, even past the normal 6-year limit.
But, these benefits only help after you have the H-1B status to begin with. They do not make you cap-exempt for your first H-1B.

Can all OPT students use the same EB2 green card steps?

Most OPT students can use the EB2 process, as long as:
– Their jobs require at least a master’s degree or a bachelor’s degree with 5 years of experience.
– Their employers are willing to go through the PERM and I-140 process.
– They meet all other specific EB2 requirements.

If you are not sure, check the official USCIS details about EB2 requirements.

What if my PERM or I-140 is denied?

If your PERM or I-140 is denied:
– You may be able to appeal the denial or file a new application.
– You should speak with your employer and possibly an immigration attorney.
– Denials do not usually stop you from staying on your current OPT (if it is still valid).

Does starting my green card process affect my OPT or F-1 status?

Starting a green card process such as EB2 means you have shown “immigrant intent”—that you want to stay in the United States 🇺🇸 long-term.
– OPT and F-1 are nonimmigrant statuses, which means you are supposed to have the intention to return home after your studies.
– In most cases, starting an EB2 or filing an I-140 does not harm your OPT or F-1, but it could make it harder to renew your F-1 visa at a U.S. embassy or to travel abroad and re-enter.
– Always check with your school’s international adviser or an experienced attorney.

If I change employers, what happens to my I-140 and priority date?

If your I-140 was approved over 180 days ago, you can usually keep your priority date (the date that gives you a place in the green card line) even if you change employers.

But:
– Your new employer usually needs to start the PERM and I-140 from scratch for your new job.
– Keeping the priority date can make your wait time shorter when you apply again.

As reported by VisaVerge.com, this is a helpful feature for people who change jobs often or whose green card waits are long.

What is the difference between EB2 and EB3? Can I choose between them?

EB2 is meant for jobs that require an advanced degree (master’s or above) or a bachelor’s degree plus 5 years of experience.
EB3 is for jobs that accept people with less education or less experience—bachelor’s degree or sometimes even less.
Your employer decides which category fits your job after checking the job’s requirements and your qualifications.

Sometimes, people ask to be considered under both, in case one category has a shorter wait.

Can I stay in the U.S. if my OPT ends before my green card processing is done?

If your OPT ends and you do not have another status (like H-1B), you cannot work or remain in the United States 🇺🇸 while waiting for your green card.
– Some people use “Cap-Gap” extensions to bridge the gap between expired OPT and new H-1B status, but only if their employer filed a timely H-1B petition.
– If you are not picked in the H-1B lottery or do not qualify for Cap-Gap, you may have to leave the United States and finish your green card process from abroad.

Can my STEM OPT employer file EB2 for me even if they are a small company?

Yes, as long as your employer is able to complete the PERM and I-140 steps and can show the ability to pay your salary, they can file for you.
– There is no minimum company size, but smaller businesses may face more questions about their finances.

Important Tips and Warnings

Start early: The earlier your employer starts the EB2 process while you are on OPT, the better your chances of avoiding status gaps.
Use STEM OPT if eligible: The extra 24 months can give you enough time to finish the PERM and I-140 process.
Talk with your employer: Make sure they understand their responsibilities in the green card process.
Check official resources: Always look at the most recent information from the USCIS website.

Where can I get more help if I have questions?

Visit the USCIS EB2 Official Page for detailed instructions, processing times, and eligibility.
Talk to your school’s international student adviser—they can help with F-1, OPT, and timing questions.
Talk to an immigration lawyer for help with your specific case or if you are worried about status changes, denials, or employer transitions.
For more in-depth answers about OPT, EB2, and I-140 questions, VisaVerge.com provides updates and analysis for international students and workers.

Summary

You can start your EB2 green card journey while on OPT.
You will need to go through the PERM and I-140 steps with your employer.
An approved I-140 does not let you skip the H-1B lottery, but can help extend H-1B status later.
Timing is important—start your process as early as possible.
Use official sources and seek guidance from qualified advisers or lawyers.

This FAQ gives a broad overview of moving from OPT towards a green card in the United States 🇺🇸 through EB2, and understanding how the I-140 and H-1B processes connect. Always check up-to-date rules, as immigration policies and processing times can change.

Learn Today

EB2 → An employment-based green card category for jobs requiring an advanced degree or a bachelor’s plus five years’ experience.
OPT → Optional Practical Training is temporary work authorization for F-1 students after completing their studies in the United States.
Form I-140 → An employer-filed petition with USCIS stating intent to sponsor a foreign worker for a green card.
PERM Labor Certification → The process where U.S. employers prove to the Department of Labor there are no qualified U.S. candidates for the job.
H-1B Lottery → Annual random selection process determining which H-1B visa petitions are chosen for processing due to application caps.

This Article in a Nutshell

Starting the EB2 green card process while on OPT is possible and often beneficial, especially with STEM OPT extension. Timing is crucial, as approved I-140 does not bypass the H-1B lottery but helps extend H-1B later. Always check official resources and consult advisers to avoid status gaps.
— By VisaVerge.com

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