The United States has a complex immigration system that includes various visa categories for different types of immigrants. Among these, the C or D visa is one of the most commonly used visas for foreign workers. However, many people are not familiar with what exactly a C or D visa entails and how it works. In this article, we will delve into the details of the C or D visa and provide an in-depth analysis of its purpose, requirements, and benefits.
Firstly, let's clarify that there are two separate visa categories under the umbrella of C or D visa: the Optional Practical Training (OPT) visa and the Diversity Visa. The OPT visa is primarily for students who have completed their studies in the United States and want to work in a field related to their academic major. The Diversity Visa, on the other hand, is designed to bring skilled workers from countries where there is a shortage of such workers to the United States.
Now, let's explore the specifics of each visa category.
Optional Practical Training (OPT) Visa
The Optional Practical Training (OPT) visa is a temporary work visa that allows foreign graduate students to work in the United States for up to three years after graduation. This visa is specifically designed for students who have completed their studies in an academic institution and want to apply their knowledge and skills in a practical setting.
To qualify for the OPT visa, you must meet several requirements:
- You must be a student enrolled in a program at an approved educational institution in the United States.
- Your program must lead to a degree that can be considered a "practical" degree, such as a master's degree in engineering, computer science, or a related field.
- You must have completed at least half of your academic program.
- You must have been admitted to an employer for a full-time position in the United States that offers a wage equal to or greater than the prevailing wage for the job.
Once you have met these requirements, you can apply for the OPT visa through the U.S. Citizenship and Immigration Services (USCIS). Upon approval, you will receive an OPT card, which serves as proof of your eligibility to work in the United States.
The OPT visa comes with certain restrictions and limitations:
- You cannot change your employment status during the OPT period without obtaining proper authorization from USCIS.
- You cannot work for more than 20 hours per week during the OPT period unless you have received an extension of the OPT.
- You cannot work for the same employer for more than 12 months during the OPT period.
After completing the OPT period, if you wish to continue working in the United States, you may apply for an H-1B visa or another type of visa that allows you to work indefinitely.
Diversity Visa
The Diversity Visa, also known as the C-Visa or D-Visa, is a nonimmigrant visa that allows individuals from countries with a shortage of qualified workers to come to the United States for temporary employment. This visa is typically issued to professionals who possess specialized skills in fields such as science, technology, engineering, or mathematics (STEM).
To qualify for the Diversity Visa, you must meet several requirements:
- You must be sponsored by a U.S. employer who needs your skills for a temporary project or job opportunity.
- Your employer must submit a Labor Condition Application (LCA) to USCIS, demonstrating that they will not replace your role with an American worker.
- You must have at least two years of specialized experience in your field and be able to perform the duties of the job you will be hired for.
- You must have a bachelor's degree or its equivalent from a college or university outside the United States.
- You must pass a background check conducted by the Department of Homeland Security.
Upon approval, you will receive a Diversity Visa, which allows you to enter the United States for a specific period determined by your employer. The length of stay varies depending on the nature of your employment and whether you are seeking permanent residency.
In conclusion, both the Optional Practical Training (OPT) visa and the Diversity Visa are important tools for foreign workers looking to gain valuable experience and potentially build a career in the United States. While the OPT visa is primarily for students, the Diversity Visa caters to professionals with specialized skills who are needed in the United States. Both visas require careful consideration of the qualifications and restrictions associated with them, but they offer opportunities for growth and development in the global workforce.