In the United States, OPT students can also apply for green cards directly.

[liuxue86.com] provides study news for China students who are about to study abroad: "American OPT students can also apply for green cards directly" reported in July 1 1. As FY-20 12 H- 1B was opened for application on April 1 this year, H- 1B was not used much, and it is expected that it will not be used up this year. The recession of H- 1B application is not only closely related to the economic situation in the United States, but also the stricter trial of small companies by the Immigration Bureau, which is another factor for the slow use of H- 1B quota.

Why does H- 1B Immigration not approve but PERM and green card can? Because the requirements of the trial are different. H- 1B requires at least a college degree, and employers need jobs with relevant degrees; PERM green card means that there is no suitable person to do this job in the United States, so the requirements are different.

There were indeed many case lawyers who directly applied for EB-2 PERM through OPT and got a green card three or four years ago, but in the past two or three years, the trial of PERM has regressed and it took more than a year, which is not suitable for OPT students to apply directly. Recently, however, the Ministry of Labor has accelerated the speed of hearing perming. If H- 1B is not available, you can consider applying for a perm directly.

When considering directly applying for a PERM green card as an OPT student or other status, lawyers suggest that applicants must consider the following points:

1. The employer is willing and able to apply for a green card for you, including that the company is in good operating condition and has sufficient pre-tax income or net current assets to support your application for a green card.

2. From the time you apply for PERM to the time you send I-485, you must have legal status in the United States, including F- 1, F-2, H-4 and any other status that allows you to legally reside in the United States.

At present, it takes about 3 months to get a perm, and it will take about 2 to 3 months to approve it. That is to say, it takes about six months to apply for PEMR with EB-2, from preparation to PERM approval, and it can be sent to I- 140 and I-485, and the legal non-immigrant status must be maintained before I-485 is sent. It's July 20th11. If your OPT expires on June 20 1 next year, your employer may directly apply for PERM for you and I- 140 and I-485 before the OPT expires.