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Visa & Immigration Guide for Tech Job Seekers

Jan 27, 2026

Visa & Immigration Guide for Tech Job Seekers

If you're an international student or worker in the US tech industry, your immigration status shapes every career decision — from which companies to target, to how you negotiate, to when you can switch jobs. This guide covers the full path from student visa to green card, with practical advice from someone who's lived it.

The Immigration Timeline: F1 → Green Card

Here's the typical path for international tech workers in the US:

| Stage | Duration | What It Is | Work Authorization | |-------|----------|-----------|-------------------| | F1 Student Visa | Duration of studies | Student visa for degree programs | On-campus only (limited off-campus with CPT) | | CPT | During studies | Curricular Practical Training — internships related to your major | Employer-specific, part-time or full-time | | OPT | 12 months | Optional Practical Training — post-graduation work permit | Any employer in your field of study | | STEM OPT Extension | 24 months (additional) | Extension for STEM degree holders | Must be at E-Verify employer | | H1B | 3 years (renewable once) | Specialty occupation work visa | Employer-specific | | Green Card | Permanent | Permanent residency | Any employer, no restrictions |

Total timeline from graduation to green card: 5-15+ years depending on country of birth and path chosen.

F1 → OPT → STEM OPT: The First 3 Years

OPT Basics

After completing your degree, you get 12 months of Optional Practical Training:

  • Apply early — You can file up to 90 days before graduation. USCIS processing takes 2-4 months.
  • 90-day unemployment limit — You can be unemployed for a max of 90 days during OPT. Track this carefully.
  • Must be in your field of study — Your job must be directly related to your major.
  • No gaps — If you lose your job, the clock starts ticking. Have a backup plan.

STEM OPT Extension (The Extra 24 Months)

If your degree is in a STEM field (CS, engineering, math, data science, etc.), you can extend OPT by 24 additional months:

  • Must be at an E-Verify employer — Most large tech companies are E-Verify. Check at e-verify.gov
  • Employer must file a training plan (Form I-983) with specific learning objectives
  • Apply before OPT expires — File at least 90 days before your OPT end date
  • Self-employment counts if you can document the training plan (but it's harder to justify)

Key insight: Your STEM OPT extension gives you up to 3 attempts at the H1B lottery. Plan your job search timeline around this.

H1B Visa: The Critical Transition

How the H1B Lottery Works

  • Annual cap: 65,000 regular + 20,000 US master's degree holders
  • Registration period: Early March each year
  • Lottery results: Late March
  • If selected: File full petition April-June, start work October 1
  • If not selected: You remain on OPT/STEM OPT until it expires

H1B Facts You Need to Know

  1. Employer-sponsored — You cannot self-petition. Your employer files on your behalf.
  2. Job-specific — The visa is tied to a specific employer, role, and work location.
  3. Transferable — You can switch employers by having the new employer file a transfer (no new lottery needed).
  4. 6-year limit — Max 6 years, with extensions possible if a green card petition is pending.
  5. Dual intent — Unlike F1, H1B allows you to apply for permanent residency without issues.

Companies Known to Sponsor H1B

Most large tech companies sponsor H1B regularly. Check the H1B employer data hub for verified numbers.

High sponsorship volume:

  • Google, Microsoft, Amazon, Meta, Apple
  • Salesforce, Oracle, Intel, Qualcomm, Cisco
  • Bloomberg, Goldman Sachs, JPMorgan, Capital One
  • Uber, Airbnb, DoorDash, Stripe, Databricks

Mid-size sponsors:

  • Many Series B+ startups sponsor (ask during interviews)
  • Consulting firms: Deloitte, Accenture, McKinsey, BCG
  • Defense contractors generally do NOT sponsor (security clearance conflicts)

How to check: Search any company on the H1B Data Hub or h1bdata.info to see their approval rates and salary ranges.

Green Card Paths for Tech Workers

Path 1: PERM (EB2/EB3) — Most Common

The standard employer-sponsored green card through labor certification:

| Step | What Happens | Timeline | |------|-------------|----------| | PERM Labor Certification | Employer proves no qualified US workers for the role | 8-18 months | | I-140 Petition | Employer files immigrant petition | 6-12 months (or 15 days with premium) | | I-485 Adjustment of Status | You apply for permanent residency | Depends on priority date and country backlog |

The backlog problem: If you were born in India or China, the EB2/EB3 wait can be 10+ years after I-140 approval. Other countries are typically current (no wait).

Path 2: EB1A — Extraordinary Ability (No Employer Needed)

Self-petition for individuals with extraordinary ability in their field:

You need to meet 3+ of these 10 criteria:

  1. Awards or prizes for excellence
  2. Membership in associations requiring outstanding achievement
  3. Published material about you in major media
  4. Judging the work of others in your field
  5. Original contributions of major significance
  6. Authored scholarly articles
  7. Exhibitions or showcases of your work
  8. Leading or critical role in distinguished organizations
  9. High salary relative to peers
  10. Commercial success in performing arts

For software engineers, the strongest criteria tend to be:

  • Original contributions (patents, widely-adopted open source, novel architectures)
  • Judging (reviewing conference papers, peer reviews, technical mentoring)
  • Published work (blog posts with significant readership, conference talks, technical papers)
  • High salary (top 10% for your area — use levels.fyi data)
  • Critical role (tech lead of key product, founded a startup)

Timeline: 6-12 months (no PERM required, no country backlog). This is the fastest path.

Path 3: EB2-NIW — National Interest Waiver

Self-petition where you argue your work benefits the US national interest:

  • No employer sponsorship needed
  • No labor certification (PERM) required
  • Must prove: your work has substantial merit, you're well-positioned to advance it, and it would benefit the US to waive the job offer requirement
  • For tech workers: Research contributions, open source impact, or work in areas of national importance (AI, cybersecurity, healthcare tech)
  • Country backlog applies (same as regular EB2)

How Visa Status Shapes Your Job Search

What to Do Differently

Target sponsoring employers early. Don't fall in love with a company that doesn't sponsor. Ask about sponsorship in the first recruiter call — it's not rude, it's practical.

"Before we go further, I want to confirm — does [Company] sponsor H1B visas for this role? I want to make sure we're both aligned before investing time in the process."

Time your job search around visa milestones:

  • If on OPT: Start applying 4-6 months before OPT expires
  • If H1B lottery dependent: Have a backup plan (apply to cap-exempt employers, consider master's degree for extra lottery chance)
  • If green card pending: Don't switch jobs until I-140 is approved (to preserve priority date)

Build a broader pipeline. Visa holders have a smaller pool of eligible employers. Apply to more companies than you would otherwise — aim for 50% more applications than a non-visa candidate.

Cap-exempt employers don't need the lottery:

  • Universities and affiliated nonprofits
  • Nonprofit research organizations
  • Government research organizations

Job Search Filters

When searching for roles, prioritize:

| Priority | Filter | Why | |----------|--------|-----| | 1 | Known H1B sponsors | Guaranteed they have the legal infrastructure | | 2 | Large companies (1000+ employees) | More likely to have immigration lawyers on retainer | | 3 | Companies with international offices | Often more visa-friendly culture | | 4 | Remote-friendly companies | May offer future flexibility if visa issues arise |

Negotiation Tips for Visa Holders

Your visa status does not reduce your market value. Read our full Salary Negotiation Playbook for the complete framework, plus these visa-specific tips:

1. Don't Lowball Yourself

The biggest mistake visa holders make is accepting below-market offers out of gratitude or fear. Companies invest in visa sponsorship because they want your skills — that gives you leverage, not less.

2. Green Card Sponsorship Is a Negotiation Point

  • Ask about the green card sponsorship timeline during offer negotiation
  • "Will the company initiate PERM/green card sponsorship, and at what point?"
  • Companies that sponsor green cards are investing $10,000-$20,000+ in legal fees — they're committed to keeping you
  • Faster green card timeline = higher retention value for you

3. Benchmark the Same Way

Use the same data sources as any other candidate:

  • levels.fyi — no differentiation by visa status
  • Blind — anonymous comp discussions
  • h1bdata.info — H1B salary data (useful for seeing what companies pay at each level)

4. Ask About Visa Transfer Support

If switching employers:

  • "Does the company cover H1B transfer legal fees?"
  • "What's the typical timeline for H1B transfer processing?"
  • "Can I start on Day 1 while the transfer is pending?" (Usually yes, with receipt notice)

5. Negotiate Non-Immigration Benefits Too

Don't let visa stress make you forget to negotiate everything else:

  • Stock, signing bonus, base salary — all standard negotiation items
  • Remote work flexibility, PTO, learning budget — all fair game
  • Start date flexibility — you may need time for visa processing

Common Questions

"Can I do side projects / freelance on H1B?"

No, with narrow exceptions. H1B authorizes you to work only for your sponsoring employer. However:

  • Open source contributions (unpaid) are fine
  • Publishing content (blogs, courses) for educational purposes is generally fine
  • Passive income from investments, rental properties is allowed
  • Consult an immigration attorney before any activity that could be construed as unauthorized employment

"What if I get laid off on H1B?"

You have a 60-day grace period to find a new employer to transfer your H1B, change to a different visa status, or leave the US. This is why having an active professional network is critical — see our Networking & Referral Templates guide.

"Should I mention visa status on my resume?"

  • Do mention if you already have H1B or green card: "Authorized to work in the US" or "H1B visa holder (transfer eligible)"
  • Don't mention OPT/student status on the resume — discuss in the recruiter call instead
  • Never say "will need sponsorship" on the resume — it's a filter-out keyword for some ATS systems. Save it for conversation.

"Is a master's degree worth it for immigration purposes?"

It depends on your situation:

  • Extra H1B lottery chance — US master's holders get an additional lottery pool (20K cap)
  • EB1A eligibility — An advanced degree strengthens several criteria
  • Higher prevailing wage — H1B salary floors are higher for master's level
  • 2-year opportunity cost — Weigh this against work experience and earnings

Resources

Level up your prep

Need personalized immigration strategy for your job search? Book a 1:1 session — I'll help you plan your search around visa timelines and target the right companies. Or check our full prep packages for end-to-end support.