Non-citizens can now work on a U.S. startup for ~2.5 years after graduation

http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm

by pk • 18 years ago

56 9 18 years ago

The Department of Homeland Security just extended the Optional Practical Training period that international students gets on their F-1 visa after graduation from 12 to 29 months (for students graduating in science / math / engineering). This should be enough time to get a startup off the ground before having to worry about applying for a longer-term visa (usually an H-1B).

adamsmith• 18 years ago

This change is meant to help new employees at big companies, not necessarily people in startups. Notice that the ruling follows on the heals of the 1-apr H1B 2008 application date, wherein the quota was exceeded on the first day, inducing a lottery. The same thing happened last year. Under this ruling new students graduating and going to work at big companies will have two shots at the H1B lottery.

That said, startups will benefit from the same treatment.

(See http://en.wikipedia.org/wiki/H1B_visa#Quotas_and_changes_in_...)

ggrot• 18 years ago

I find it strange that this kind of change comes from the Homeland Security office.

alaskamiller• 18 years ago

Immigration and Naturalization Services would be the agency that used to take care these matters. They've since been rolled into with the Dept. of Homeland Security.

ChaitanyaSai• 18 years ago

The title is misleading. The 17 month period is an extension you qualify for ONLY if you have already filed for an H-1B. This means you must already have gotten enough funding to prove that your cash inflow can sustain your salary.

You can stay after the one year period even now provided you file for an H-1B and get it.

This 17 month period is primarily to do away with the period between your OPT expiration and start of your H-1B.

pk2• 18 years ago

Another side issue (not challenging your comment) is that it's very difficult to get an H-1B to work at a company that the applicant owns a big chunk of. So a founder wouldn't be able to get an H-1B at their own startup. However, they can be on the payroll at a company they own during their OPT, and it's conceivable to be acquired within the new 29 month period.

pk2• 18 years ago

My take on the new rules is that anyone with a pending H-1B gets the 17 month extension automatically, but that anyone else in the OPT period on an F-1 with a science / technology / engineering / math degree working for a company that required skills related to the degree could file for the 17 month extension even if they don't have a pending H-1B.

Can anyone verify / refute this?

kul• 18 years ago

what worries me is that if you're not american, you're a "non-citizen". I'm still a citizen, just a british one. What's wrong with saying foreign citizens?

this always freaks me out when I arrive at SFO.

ardit33• 18 years ago

me too. Especially when on the mounted TVs you can see only CNN, and most of their reports are about the "war in terror", and all the scaremongering going on, then you see the ocasional guard with the machine gun, then the voice saying that we are in "Orange level of threat", (has it ever been blue or green?). Added the knowledge that you can whisked away to Guantanamo Bay, and have no recourse in courts whatsoever, it makes a very crappy experience.

No wonder tourists don't come as much in the US as it was before 9/11, even after falling dollar they'd rather go somewhere else where they feel welcomed.

taxes• 18 years ago

"Added the knowledge that you can whisked away to Guantanamo Bay, and have no recourse in courts whatsoever..."

To be fair, that can happen to you anywhere.

Non-citizens can now work on a U.S. startup for ~2.5 years after graduation

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