Choosing the right visa when migrating makes all the difference

Migration to developed countries is a hot political topic these days. The US and European economies have suffered badly in the recession, which has led to a tightening of controls. In a speech to the University of East Anglia last year, British Prime Minister David Cameron said net migration into Britain needed to come down from hundreds of thousands a year to just tens of thousands.

Against this backdrop, Hong Kong students who want to stay on to work in the country where they have attended university face an uphill struggle. It is therefore vital to find out the category of visa or work permit that gives the best chance of being allowed to take up employment.

In the US the best chance might be to apply for Optional Practical Training. This is valid for one year and allows the holder to work in the US in a field related to their degree. If the degree is in a technical subject and the prospective US employer has registered with the US Social Security Administration, then this visa can be valid for up to 27 months.

Usually the only work visa available in the US to foreign graduate students is the H-1B. There is an annual quota of 65,000 such visas but the quota is considerably oversubscribed. There are special arrangements for holders of Singaporean and Australian passports that can prove beneficial. There is also an O-1 visa for people with outstanding abilities in arts, science, education or sports, but it may be tough for a young graduate to establish their credentials to qualify for this.

Lastly, there is the EB-5 visa, which requires the graduate to set up a business in the US and invest not less than US$500,000. A successful EB-5 applicant gets a Green Card into the bargain.

The British approach tends to be even more restrictive. The best bet may be the Tier 1 (Graduate Entrepreneur) visa. However, there is an annual limit of 2,000 places and the applicant must hold a British degree and receive an endorsement from a recognised higher education institute. One hundred of the 2,000 annual places are reserved for graduates sponsored by the government's UK Trade and Investment department. The visa is valid for one year and can be extended for a second year.