Set your children up for success in the US with an EB-5 visa

Set your children up for success in the US with an EB-5 visa

2024/05/17 6:38am

The US is steeped in history and opportunity, making it one of the most attractive destinations for international students seeking the highest level of education, and a pathway to lucrative and diverse career opportunities. Among the various visa options available, the F-1 student visa – and subsequent transition to the H1-B Employment Visa remains a popular choice (despite its limitations) for students aiming to pursue their academic and professional aspirations in the US. In recent years, the EB-5 Visa has emerged as an increasingly popular alternative option, due to its straightforward path to permanent residency, flexibility, and family inclusions.

Understanding the F-1 Visa

The F-1 visa is a non-immigrant student visa that allows foreign nationals to enter the US for the sole purpose of pursuing a full-time academic program at an accredited school or college. This visa is currently the most popular way for foreign students to enter the US for higher studies. As the US is the most coveted option for post-secondary education for students from the UAE, thousands of individuals apply for an F-1 visa each year from the region.

One facet of the F-1 visa is that it allows students to engage in Optional Practical Training (OPT). OPT allows students to gain practical work experience related to their field of study for up to 12 months after completing their academic program. For Science, Technology, Engineering, and Mathematics (STEM) students, this period can be extended by 24 months. However, STEM status is not automatically granted and requires students to apply through their designated school official (DSO). It is crucial to bear in mind that STEM status is temporary, and comes with limitations on the duration of part-time enrolment.

The OPT is often seen as an advantage for students as it means they can seamlessly begin work in the US after completing their degree without worrying about securing a separate visa under employer sponsorship. Since the employer does not need to do sponsorship paperwork (as they would on an H1-B or L-1 visa), students may find it easy to find a position on OPT status. However, the OPT has an expiry date, making it a short-term solution to the longer-term issue that is needing a valid working visa to remain in the US indefinitely. Employers may also struggle to keep someone employed once their OPT expires for this same reason.

F-1 Visa Restrictions

While the F-1 visa does open doors to educational opportunities, restrictions accompany this visa. Firstly, F-1 Visa holders must maintain full-time enrolment status throughout their academic program (with very little flexibility) to ensure compliance with the student visa regulations. Working off-campus without proper authorization (which is difficult to obtain) is strictly prohibited, though limited on-campus employment is sometimes allowed.

Additionally, F-1 Visa holders face restrictions on the duration of their stay in the US, as they are typically granted only until the completion of their academic program, with the short-term OPT being the only available route to remaining in the US post-graduation. Traveling outside the US may also require obtaining a valid travel signature from the designated school official. Students on the F-1 Visa must always comply with these restrictions to maintain legal status in the US. These restrictions often stop foreign students from obtaining crucial work experience during their education, making it difficult to keep up with the CVs of their US peers. Frequently, internships (both during the school year or in the summers) at large companies are not possible due to employment restrictions on the F-1 visa, which can be extremely detrimental to the student considering that these internships form an important aspect of education in the US. This type of work experience is an important CV builder that strengthens students’ position when looking for a job post-graduation.