1. Can a Ph.D. who went back to China without applying for OPT return to the U.S.?
A reader asks:
I graduated last December with a Ph.D. in Social Sciences from a university in North America. I had originally received a job offer in Australia; however, while I was back in my home country waiting for my visa to be issued, the job contract was rescinded due to visa processing delays. I did not apply for Optional Practical Training (OPT), and my funding from my U.S. university has been completely cut off. I would like to ask: Is there still a viable pathway for me to return to the United States?
Alan Lee, Esq. answers,
Your path back to the US could be through family-based immigration if you have US citizen or permanent resident relatives who can sponsor you through one of the preferences or immediate relative categories. If you have the necessary monies, you could possibly immigrate through the immigrant investor program. You can also attempt to contact potential US employers who may be interested in your services and are willing to sponsor you under a nonimmigrant or immigrant visa. If you believe that you can qualify for self-sponsorship employment-based immigration through your being an extraordinary alien (EB-1A) or your knowledge/skills being in the national interest (NIW), you can apply directly on form I-140 to USCIS. Good luck.