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Yes, but it depends on your situation. Some students transition to a work visa (like O-1 or H-1B) and later to a green card.

Others may qualify directly for categories like EB-1 or marriage-based green cards.

Keep in mind that the F-1 visa does not allow “dual intent,” so timing and strategy are very important.

There is no separate lottery process for F-1 students.

They enter the same capped H-1B lottery as other applicants.

If an F-1 student holds a U.S. master’s degree or higher, they benefit from two chances: one under the regular cap and another under the master’s cap.

No. Form G-28 has no filing fee.

USCIS accepts it at no cost.

Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.

Form G-28 is used for immigration matters before USCIS within the United States.

Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.

If your case is handled domestically by USCIS, your attorney will use the standard G-28.

Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.

Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.

The form applies only to the specific case it is filed with and does not carry over to other matters.

Yes. You are always allowed to represent yourself before USCIS.

Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.

If you choose to handle your own visa process, USCIS will communicate directly with you.

However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.

No. Form I-129 must be filed by the U.S. employer acting as the petitioner.

The foreign national beneficiary cannot self-petition.

The employer is responsible for completing the form, paying the filing fees, and providing supporting documentation to USCIS.

Standard processing time for I-129 petitions is typically between 2 and 8 months, depending on the service center and visa category.

With premium processing (Form I-907), USCIS guarantees a response within 15 business days.

Processing times can change, so it is recommended to check the USCIS processing times page for current estimates.

When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.

This approval notice serves as official evidence of the approved I-129 status.

The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.

U.S. immigration groups employment-based green cards into five preference categories, EB-1 through EB-5, though most professional hiring runs through EB-1, EB-2, and EB-3. On the temporary side, the main employment-based visa types include the H-1B, L-1A, O-1, TN, and E-2.

So the practical answer is a handful of temporary categories plus three or four green card categories that cover the vast majority of cases.

Dual intent means you can hold a temporary visa and pursue a green card at the same time without raising questions about your intent to leave. The H-1B and L-1A clearly allow dual intent, which is why they're popular starting points for a longer plan.

The O-1 is treated flexibly in practice, while the TN and E-2 are tied more closely to temporary stay, so a green card plan on those needs careful documentation.

Among green cards, the EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver) allow self-petition, so the individual files without an employer or a PERM labor certification. The E-2 doesn't use a traditional employer either, since it's based on the applicant's own investment.

Every other major work visa, including the H-1B, L-1A, O-1, TN, and the standard EB-2 and EB-3 green cards, requires an employer or a job offer.

The immigrant categories, EB-1A, EB-1C, EB-2 NIW, and EB-2 or EB-3 through PERM, lead directly to a green card. The temporary work visas don't grant permanent residence on their own, but several act as bridges.

An H-1B holder can move through PERM to EB-2 or EB-3, an L-1A manager to the EB-1C, and an O-1A performer to the EB-1A.

For eligible candidates, the visas without a lottery or labor certification tend to move fastest. The O-1 and L-1A have no annual cap, so a qualified case can be filed at any time, and the TN can sometimes be obtained at the border for Canadian citizens within days.

Speed also depends on whether premium processing is used, which guarantees USCIS action within 15 business days for an added fee, so the right answer depends on the candidate's profile and how urgently you need them.

Yes, if you already meet an EB-2 basis at the time you file Form I-140. Because your doctorate isn't conferred yet, the petition can't rely on the PhD itself, so it has to stand on a conferred master's, a bachelor's plus five years of progressive experience, or exceptional ability.

Once one of those is in place, you can self-petition mid-program and lock in a priority date.

It depends on whether you have a qualifying EB-2 basis now and how backlogged your country is. If you have a solid basis and face a long EB-2 line, filing during the program secures an earlier priority date while your record keeps growing.

If your case leans mostly on the PhD or your evidence is still thin, waiting until conferral can produce a stronger petition.

Yes. A STEM PhD on F-1 can typically work on OPT and the 24-month STEM OPT extension while the NIW I-140 is pending, and you can pursue H-1B at the same time.

The NIW is a separate filing, so it runs in parallel with your work authorization rather than replacing it.

Filing Form I-140 establishes your priority date, which is your spot in the queue for permanent residence. Because every country currently faces an EB-2 backlog, an earlier priority date means more time accruing while you wait, which is a core reason candidates from India and China often file as soon as they have a valid basis.

Check the current Visa Bulletin for cut-off dates.

If you filed your STEM OPT I-765 on time, meaning before your current OPT EAD expired, your work authorization is automatically extended for up to 180 days while USCIS reviews the case. You can keep working during that window even though your physical EAD card shows an expired date.

The protection depends entirely on having filed on time, so build in margin and file as early as the 90-day window allows.

You can travel, but the timing and your documents matter. Generally you'll want a valid EAD, a valid F-1 visa stamp, and a recently signed I-20 with the STEM travel endorsement from your DSO before you leave.

Travel while your I-765 extension is still pending carries more risk, so check with your DSO and an attorney before booking, since a denied reentry can undo your status.

You can sometimes use a prior STEM degree to qualify, even if your most recent degree isn't on the DHS STEM Designated Degree Program List. The degree you rely on must come from an accredited, SEVP-certified U.S. institution and be at the same or higher level.

Your DSO can confirm whether a previous degree supports your extension before you file.

USCIS offers a premium processing option for some I-765 filings, which commits the agency to a faster response for an added fee. Whether it's available for your category and the current cost both change over time, so confirm them on the USCIS fee schedule rather than an older figure.

For many students, filing early in the 90-day window plus the 180-day auto-extension covers the wait without paying extra.

Your STEM OPT work authorization ends on the date of the denial, so you must stop working. If you were otherwise maintaining valid F-1 status, current USCIS framing gives you a 60-day grace period from the denial date to change status, transfer, change education level, or prepare to depart.

If the denial was because you had already fallen out of F-1 status, that grace period does not apply and you are expected to leave the U.S. promptly. Read your denial notice to see which situation applies to you.

Generally 60 days from the date of the denial, if you were in valid F-1 status when the decision was issued. That grace period is the time to file a motion, apply for reinstatement, change to another status, or arrange departure.

If the denial resulted from a prior failure to maintain status, there is no 60-day grace period. Because the counting is fact-specific, confirm your exact deadline against the notice and, where possible, with an attorney.

There is no standard appeal for an OPT denial, but you can file a motion to reopen or reconsider on Form I-290B when the denial rested on an error. A motion to reopen introduces new facts or evidence; a motion to reconsider argues the law was applied incorrectly.

The deadline is generally 30 calendar days from the date the decision was served, or 33 if USCIS mailed it, counted from the notice date rather than the day you received it.

In many cases yes, using Form I-539 with a new Form I-20 recommending reinstatement from your DSO. You generally must not have been out of status more than five months when you file, must not have worked without authorization, must intend to resume a full course of study, and must show the violation came from circumstances beyond your control.

A denied reinstatement cannot be appealed, though a motion may be available, so the application should be strong on the first filing.

It can be possible if you have a sponsoring employer and secure a cap-subject registration and selection, or qualify for a cap-exempt H-1B. The cleaner path is filing a change of status while you are still inside your grace period and lawfully present.

Our OPT to H-1B transition guide covers the cap, the lottery, and the cap-gap timing that shapes whether this route fits your calendar.

Four to seven years for a graduate born outside India or China, counting from the offer letter through OPT, an H-1B selection, PERM, I-140 and a current priority date.

For Indian-born and Chinese-born employees the priority date wait adds substantially more, because the annual per-country allocation is the same regardless of demand.

Roughly $4,910 in government fees for a standard petitioner: $3,595 across the H-1B registration and Form I-129 stack, and $1,315 for Form I-140 with the Asylum Program Fee. A petitioner with 25 or fewer full-time equivalent employees pays $3,240 across the same two stages.

Premium processing at $2,965 per filing and attorney fees sit on top, and PERM has no government filing fee but real advertising costs.

Not on the H-1B or PERM legs. The ACWIA training fee and the Fraud Prevention and Detection Fee are the employer's, and 20 CFR 655.731 prohibits arrangements that recover them from the employee's wage. Under 20 CFR 656.12(b) the employee may not pay or reimburse PERM costs at all.

At the I-140 and I-485 stage, who pays is a company policy decision.

Work authorization ends when OPT or the STEM extension ends, followed by a grace period and then departure. Before that point the options are a cap-exempt employer, a different classification such as O-1, or an overseas placement that keeps the person employed until the next March registration window.

Request the prevailing wage determination around the end of year 3 of H-1B status. The wage queue, the fixed recruitment period, the 30-day quiet period before filing and the analyst backlog together consume most of two years.

AC21 extensions past the six-year limit also require that a PERM or I-140 already be on file.

Yes, as of September 2026. The DHS final rule replacing it with a fixed period of admission was postponed by a federal district court in Massachusetts on September 14, 2026, one day before its stated effective date.

Check the Federal Register document and the court docket for the current posture before relying on any status summary.

The rule sets admission at the length of the program listed on the Form I-20, capped at four years, plus up to 30 days before the program start date and 30 days after the program or authorized practical training ends.

English language training would be capped at 24 months.

Under the rule, yes. Extensions would go through Form I-539 filed with USCIS rather than through a reprinted I-20 from your designated school official. The filing fee on the current schedule is $470 by paper or $420 online, and biometrics may be required.

No. Post-completion OPT stays at 12 months and the STEM OPT extension stays at 24 months. What changes is that the training has to sit inside a dated admission period, with the 30-day departure window running from the end of that training.

No. Cap-gap extends F-1 status and work authorization only where a cap-subject petition was timely filed for a selected registration. It ends on April 1 of the requested fiscal year or on the petition validity start date, whichever comes first.

A registration that was not selected produces none of that.

Moving to cap-subject employment means the new petition is subject to the cap. The exemption belongs to the qualifying employment, so it does not travel with the person.

Concurrent employment is the arrangement that lets both jobs run at once, for as long as the exempt one continues.

At least a year, plus the petition. The employee has to complete one continuous year of qualifying employment abroad within the three years before admission, and that year cannot be compressed.

Treat it as a plan for next year rather than a fix for this quarter.

Not today. The 2025 proclamation was vacated on 8 June 2026 and the First Circuit denied a stay on 24 July 2026, so nothing is being collected. A September 2026 proclamation extends the policy to 21 September 2027 and the vacatur stands over it.

Check the posture before any filing.

Usually TN for a Canadian at a port of entry, or an E-3 or H-1B1 interview at a consulate, since none of them needs a USCIS petition first.

A cap-exempt filing with premium processing is the fastest route that keeps the person in the United States.